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Greetings from the Chair
by Tom Smedinghoff
Technology is transforming America's economy. According
to a recent Commerce Department report, information technology
(IT) industries from 1995-1998 contributed about one-third of the
country's real economic growth. As the report noted, Web-based e-commerce
and the IT industries that enable e-commerce "are growing and changing
at breathtaking speed, fundamentally altering the way Americans
produce, consume, communicate, and play."
As technology and e-commerce increasingly drive economic growth
both domestically and internationally, and companies and governments
alike adopt dramatically different business models, the legal landscape
also is being transformed. The Section of Science & Technology is
in many ways acting as a catalyst in this transformation, and I
am looking forward to facilitating this activity as chair of the
Section during the 1999-2000 year.
There has never been a better time to be a Section member. Communications,
computer technology, elec-tronic commerce, and life and physical
sciences are continually in the news, as are the legal issues spawned
by these rapidly evolving areas. In this period of profound technological
and scientific change, our clients face novel legal issues that
demand forward-looking responses. Our Section therefore has several
key roles to play: providing a forum to explore new ideas; serving
as a clearinghouse for information about these issues that is not
generally available elsewhere; and building, developing, and shaping
the law in these areas.
Since 1992, for example, the Information Security Committee of
the Section's Electronic Commerce Division has convened an international
group of lawyers and technologists for quarterly meetings to examine
many of the new legal issues raised by e-commerce. This Committee
broke new ground in 1996 when it released its Digital Signature
Guidelines, the culmination of a four-year project on legal
issues raised by using public key cryptography to create digital
signatures and the related role of trusted third parties. The Committee's
continuing examination of such issues, including its current project
to develop Public Key Infrastructure Assessment Guidelines,
draws global participation.
The Division's Electronic Commerce Payments Committee is addressing
questions concerning elec-tronic negotiable instruments and the
escheat of electronically held funds. The Division has launched
a project to publish a book and CD-ROM of sample electronic commerce
agreements. The Section is also co-sponsoring, with the Section
of Business Law, a two-year study on cyberspace jurisdiction to
produce a report for the London Annual Meeting in 2000.
The Section's Computer Law Division has worked tirelessly on Y2K
legal issues, and has recently published Crisis in the Year 2000:
Legal Issues and Business Risks. It has also been actively involved
in the NCCUSL project to develop the Uniform Computer Information
Transactions Act.
Likewise, the Section tackles cutting-edge legal issues for the
scientific community. For example, it has just published Scientific
Evidence Review, Monograph No. 4, and will publish a symposium
on genetic privacy this fall. Through the National Conference of
Lawyers and Scientists, the Section works closely with the American
Association for the Advancement of Science on initiatives concerning
electronic publishing prac-tices standards; legal protection of
scientific research databases; the forensic sciences in the wake
of Kumho Tire; and using court-appointed experts.
The Section's CLE programs are consistently ranked among the best
available. Of the 400 CLE programs presented at the recent ABA Annual
Meeting in Atlanta, four of the SciTech programs were in the top
10 most attended programs.
We welcome your participation in these and other Section initiatives.
What would you like to see the Section (or one of its committees)
do this year? How can we help you address the issues you face in
your practice? Please let me have your thoughts and suggestions
by calling me at 312-861-8670, or sending me e-mail at SMEDINGHOFF@BAKERNET.COM.
We offer tremendous opportunities for individuals willing to put
in the time and effort to make something happen.
I look forward to hearing from you and to working with you this
coming year.
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