Those who have been following cyberlaw for some time remember (generally with dread) the Uniform Computer Information Transactions Act, aka UCITA. Law firm Farella Braun & Martel warns of a global, international version of UCITA, at least as far as choice of venue is concerned (UCITA Redux?).

Fast forward to 2005, where U.S. negotiators are meeting this month to seek agreements on jurisdiction as part of the Hague Convention of Exclusive Choice of Court Provisions on Private International Law.  While the U.S. State Department hopes to resolve the question of which courts will hear international business disputes, software clickwrap agreements may be a sticking point.  With a clickwrap agreement, software buyers implicitly agree to a contract for the sale of the software merely by downloading software or opening up its package, and some stakeholders fear that foreign businesses may be able to insert unfavorable venue provisions into the agreements.  Opponents of the current draft of the agreement say it's "a lot like a global UCITA," and presents the same problem of non-negotiated venue provisions. [link in original]