One of the first and most significant attempts by the United States government to control commerce within and between the states was Article I, Section 8, Clause 3 of the United States Constitution, more commonly known as the "commerce clause." This clause states that the United States Congress has the power to "[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Notably, however, the federal government does not have the power to interfere in matters that are purely state matters. Thus, there has been considerable dispute over the reach of the commerce clause to matters that occur entirely within the confines of a single state. In many cases, the federal government has argued that it can regulate such matters because they have an impact on interstate commerce (Wikipedia 1). Therefore, as early as 1905 when the United States Supreme Court first addressed the question in Swift v. United States, the United States Congress has had the power to regular intra- and inter-state commerce within the United States.
UCITA originally was intended to become an amendment to the Uniform Commercial Code (UCC), which governs United States commercial and contract law. However, after numerous drafts, the drafting parties - the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL) - could not agree on a proposed final draft. NCCUSL and (ALI) always collaborate on the development of uniform laws. However, after ten years attempting to amend the UCC to include rules that would govern electronic computer information transactions, the two organizations could not agree about the scope and wording of the proposed UCC Article 2B. ALI withdrew its support for the amendment in 1999. Thereafter, NCCUSL approved the proposals and released them for adoption, renaming the proposed state law the Uniform Computer Information Transactions Act (UCITA) (
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