This course is an introduction to Internet and information technology law and policy. Beginning with a brief history of the Internet and its development from scientific and engineering discoveries of packet-switching through the creation of the DARPA-funded network system and transition to Department of Commerce oversight as it became the “Internet” open to the public, the course will address principal legal and policy issues pertaining to it. These issues (and learning objectives) include:
• How to situate “Internet” law in the U.S. legal tradition of constitutional, legislative and administrative law
• “Law of the Horse” and the Lessig Four-Factor Analytic Framework for Internet Studies
• Global Internet Governance
• Communications and Internet Service Provider Law and Policy from the Communications Decency Act to the Open Internet
• Privacy: Government Electronic Surveillance from the first “wiretapping” law through the Electronic Privacy Communications, Foreign Intelligence Surveillance, and Freedom Acts with attention to conundrums surrounding the Snowden disclosures
• Privacy: Consumer privacy law and regulatory compliance: Role of F.C.C. and F.T.C. with transaction sites as well as “free” sites such as Google and Facebook
• Cybersecurity: Computer Fraud and Abuse Act of 1986 and famous cases representing it: Morris and Schwartz
• Cybersecurity: Advanced Persistent Threats; International Organized Crime; Advocacy and Insurgents
• Intellectual Property: Focus on copyright and its role in “ownership” and control of Internet content
Week One
Introduction, Course Content Overview (Governance, Communications, Free Speech, Intellectual Property, Privacy), Brief History of the Internet, Lessig Four Factors Analysis,
Readings: Barlow, “The Declaration of Independence of Cyberspace”
Easterbrook, “Law of the Horse”
Lessig, Code, Introduction and Chapter 7
Goldstein and Wu, Who Controls the Internet
One-page book due by 5:00pm Friday July 7
Week Two
Communications Law and Free Speech,
Citron, Hate Crimes in Cyberspace
Wednesday: Guest Lecture: Ben Cole of KnowMe, M.A. Computer Science, Cambridge University
Thursday: Guest Lecture: Livia Pioto, JCU Library, on Library Research Methods
One-page book report on Hate Crimes due by 5:00pm Friday July 14
Week Three
Privacy
Solove, Understanding Privacy
Screening of CitizenFour
Class debate on the iPhone Case
Week Four
Security and Intellectual Property
Research the Robert Morris “Computer Worm Incident of 1988” and other CFAA issues/incidents
Research Aaron Schwartz
Screening of Internet’s Own Boy
Week Five
Class Project: Internet Time Line
Class Presentations on Papers
Work on final paper, 5-7 pages on a topic of your choice within the scope of the course.
Final paper takes the place of an exam and is due Friday, August 5 by 12:00pm
Grading
There are no uniform exams for this course. Each student should be prepared to engage in Socratic dialogue with the instructor based on readings and the development of course content and to contribute on-going and original thought in class discussion. Group work will be incorporated into class exercises as well as student-student evaluation as an integral component of course work.
Students will also identify in consultation with the instructor a research topic. On-going consultation with the professor is encouraged throughout the duration of the research. Final product will be in the form of standard term paper and presentation of the material to the class. These presentations will be made throughout the course and do not have to coincide with the final paper. Students are further encouraged to consider topics early in the course. Scheduling of the presentations will be made within the first couple weeks of the course and dependent on class size and weekly topics.
Grading will be based on all of these components of the course.
Bibliography
Barlow, John Perry, “A Declaration of Independence of Cyberspace,” https://www.eff.org/cyberspace-independence
Citron, Danielle, Hate Crimes in Cyberspace, Harvard, 2014.https://www.amazon.com/gp/product/B00NEFS9YC/ref=dp-kindle-redirect?ie=UTF8&btkr=1
Easterbrook, Frank H., “Cyberspace and the Law of the Horse,” 1996 U Chi Legal F 207 https://www.law.upenn.edu/law619/f2001/week15/easterbrook.pdf
Goldstein, Jack and Wu, Tim, Who Controls the Internet: Illusions of a Borderless World, Oxford University Press, 2006, Amazon information: http://www.amazon.com/Who-Controls-Internet-Illusions-Borderless/dp/0195340647
Lessig, Lawrence, Code, Basic Books, 1996, found on line here: http://codev2.cc/download+remix/Lessig-Codev2.pdf
Solove, Dan, Understanding Privacy, Harvard, 2008 https://www.amazon.com/Understanding-Privacy-Daniel-J-Solove/dp/0674035070