By Mr. Mariano of Quincy, petition (accompanied by bill, House, No. 370) of Ronald Mariano relative to the interpretation of computer information agreement contracts.  Economic Development and Emerging Technologies.

The Commonwealth of Massachusetts

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PETITION OF:

Ronald Mariano

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In the Year Two Thousand and Seven.

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An Act relative to the uniform computer information transaction act.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.           Chapter 93 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding at the end thereof the following new section:—
            Section 108. A choice of law provision in a computer information agreement which provides that the contract is to be interpreted pursuant to the laws of a state that has enacted the Uniform Computer Information Transactions Act, as proposed by the national conference of commissioners on uniform state laws, or any substantially similar law, is voidable and the agreement shall be interpreted pursuant to the laws of this commonwealth if the party against whom enforcement of the choice of law provision is sought is a resident of this commonwealth or has its principal place of business located in this commonwealth. For purposes of this subsection, a “computer information agreement” means an agreement that would be governed by the uniform computer information transactions act or substantially similar law as enacted in the state specified in the choice of laws provision if the state’s law were applied to the agreement.