Week 1: Introduction to Class and Technology Related Legal Issues.

Theme of Lecture
Technology related legal issues and the evolution of cyberspace.

Reading Materials

Textbook (optional):
 No reading due

I. Discussion - Legal Technology Issues

Camera phones to digital discovery: How Advanced technology has changed the legal profession

II Discussion - Introduction to Cyberspace
The discussion will focus on the evolution of Cyberspace and Email.

III. Use of Technology - Internet basics
This part of the class focuses on how the Internet operates.  

Handout Materials PowerPoint Presentation

 

Week 2 : Intellectual Property and Technology : Introduction to Copyright Law, DMCA, Podcasting, and Digital Music.

Theme of Lecture

I.             Intellectual Property and Technology
Intellectual property represents a significant portion of a company's assets. Online, web site operators may intellectual property protection for many facets of their web site, including unique business processes, images, text, codes, sounds, and brand names. Technology, however, simplifies the process of borrowing materials from other sites. A web site operator must protect content material while remaining vigilant against infringing the copyright of others.

II.            Copyright
From the VCR to MP3, copyright law is several steps behind evolving technology. The Digital Millennium Copyright Act gave rise to varied legal disputes including toner cartridges and online content. The Internet has also dramatically changed the dynamics of content distribution. An entire generation not familiar with vinyl records now has little reason to visit a music store to buy compact discs. Consumers can sample music online, create custom CDs, upload their own garage band recordings, visit virtual music communities, or even transform their computers into virtual jukeboxes. Music file compression formats and faster communication tools reduce the speed of downloading a music track from hours to minutes. Unfortunately the Internet also facilitates online music piracy, bypassing the copyright protection and royalties artists once enjoyed. Napster, Grockster, Aimster, iTunes, and countless other online music sites have left a permanent mark on the online landscape. Individuals can now create a virtual radio station by distributing their own Podcasts. Consumers access digital content on their computers, music players, mobile phone screens, tablet computers such as iPads, and beyond.

Assignment to be Handed in During Class
Send an e-mail message prior to coming to class to your professors. The e-mail message should provide the following: your name, telephone numbers, and two sentences articulating what you hope to get out of this class.

Reading Materials

Cases:

MGE Systems V. GE International Inc. v. Static Control Components, Inc.

Realty One Group

Textbook (optional):

  Chapter Four: Copyrights in Cyberspace (sections 4.02 A-C)

  Chapter Four: Digital Millennium Copyright Act (section 4.02[G])

 

I. Discussion - IP & Copyrights
 This lecture reviews the intersection of technology and intellectual property and specifically focus on copyright law.   We discuss the impact of the Digital Millennium Copyright Act on digital music and other technology issues including toner cartridges.  The class will also evaluate how copyright law relates to web sites.

II. Use of Technology

We review audio compression and file sharing technology.

Handout Materials PowerPoint Presentation

 

Week 3 : Trademarks and Patents

Assignment to be Handed In Before Class
Hand in a paragraph description of both your proposed Research Paper topic and Class Project.

Theme of Lecture

 I. Intellectual Property and Technology (continued)

A) Trademarks and Technology

Trademarks represent a valuable intangible asset. Speculators once registered valuable trademarks as domain names hoping the trademark owner would pay a lot more than the initial registration fee. Unscrupulous web site operators draw visitors to their site by placing popular trademarks within hidden code.

B) Business Method / Online Patents and Patent Trolls

The Internet provides a new venue for business method patents, leading to an explosion of Internet related patent registrations. Some online business process patents are controversial, since many "novel" Internet business methods may have existed offline for many years prior to the Internet's inception. Should one company have the ability to monopolize potentially obvious processes such as one click shopping or online coupon fulfillment? Some companies have been able to thrive solely on the basis of their patent portfolios without having produced an actual product. Should such companies be able to enjoin others from using infringing products in the marketplace rather than requiring a license?

Reading Materials

Cases:
  Zuccarini

Textbook (optional):
 Chapter Two: Staking a Claim in Cyberspace (Section 2.06).
 Chapter Two: Trademark Holder's Remedy Table (table 2.4 section 2.06[B]).
 Chapter Four: E-Commerce Related Patents (section 4.05 (skim)).

Additional Reading :
  Pueblo.com ICANN dispute.
  Pueblo.net ICANN dispute.
I. Discussion Patents and Trademarks

The discussion focuses on online trademark issues, including domain names and meta tags. We review the evolution of domain name disputes, from traditional trademark remedies and the old NSI domain name dispute resolution mechanism to the Anti-Cybersquatting Consumer Protection Act and ICANN's arbitration of disputes.

We discuss patent law and examine the implications of Internet related business method patents and recent significant cases that pit patent 'trolls' against major companies.

II. Use of Technology - "Whois, Meta-tags, LawLinks
We visit Network Solutions and other international whois pages to view domain name registration information.   We review other ways to track down potential cybersquatters online.   The class learns how to spot meta-tags and hidden text within HTML. We spend some time visiting LawLink's web-site and exploring what it offers the legal community.

Handout Materials PowerPoint Presentation

 

 

 

Week 4 : Privacy and Social Networking.

Assignments to be Handed in During Class

Outline detailing both your paper and project.

Theme of Lecture

Online privacy tests the balance between consumers' rights to protect personal information and marketers who are trying to effectively target their audience. As technology evolves, the availability of personal data and the potential for intrusion increases. Spyware enables third parties to extract data from an unknowing host.  Such information may be used for marketing or more insidious purposes such as identity theft.

At work employees may be surprised to find they have little protection against the boss prying into their online and e-mail activities. 

Facebook and Twitter have eclipsed MySpace and other social networking sites and changed the dynamics of friendships and other relationships. Significant privacy issues and other legal concerns have emerged with these sites. 

Reading Materials

Cases

  Mclarenca

Councilman

  Quon

  Warshak

  Sousa

Textbook (optional):
 Chapter Ten: E-mail and Net Usage Policies (section 10.01 (skim))
 Chapter Ten: E-mail and Online Risks (Sections 10.02-10.03 (skim)) 
 Chapter Five: Privacy in Cyberspace (section 5.07)
 Chapter Five: EU Directive on Protection of Personal Data(5.07[D])
 Chapter Eight: Internet Privacy (Section 8.03[D])

 

I. Discussion - Privacy Issues
We explore the contentious area of online privacy and examine some of the technologies that are a blessing to marketers, yet a threat to online anonymity.   The class discusses spyware and its implications.

II. Use of Technology - Doing Legal Research on Net
During this session, students will be introduced to various legal research materials. Additionally the class reviews spyware, e-mail, and online monitoring technologies.

Handout Materials PowerPoint Presentation

Week 5 : Access to Technology: Americans with Disabilities Act, Computerized Voting, Open Source Licenses , Distributed Computing, and Technology Tying.

Assignments to be Handed in During Class

Technological developments promising to transform our lives are not always as enabling as they appear:

·         Fancy e-commerce sites often lack HTML tags assisting the visually impaired navigate the site;

·         Computerized voting machines were filled with promise now have security and data integrity flaws existing with old technologies;

·         Open source licensed software provides access to a vast array of free software, but if it is not distributed within the scope of the license, it can ‘infect’ commercial software with a very costly mistake;

·          Distributed computing gives users access to multiple processors, but can also create legal troubles;

·         The efficiency of including a free media player with operating system software or limiting a revolutionary wireless phone to one carrier must be balanced with the antitrust concerns of ensuring an open and competitive market place domestically and abroad;

I. The Internet has revolutionized the way many of us work, play, and communicate. For the millions of people who are visually impaired, however, the information superhighway can be both a resource and a source of frustration. Some websites are not navigable through the text to speech navigation software used by the visually impaired.

II. Evolving technology has a lot of promise to simplify the voting process, yet the results thus far are fraught with challenges.

III. Open source software can provide essential building blocks for programmers, but the use of such software is not completely unrestricted. For those looking to create something new they are interested in sharing with the open source community, it is an excellent resource. For a company whose software inadvertently contains open source code, the price can be substantial.

IV. Distributed computing, grid computing, and cloud computing are synonyms for processing information through multiple computers.  This gives users access to tremendous processing power.  IBM, Google, Apple, and other companies have recently announced their cloud computing initiatives.  Early distributed computing experiments illustrated several potential legal risks and new legal challenges may emerge as the technology matures.

V. Among the allegations in the $600+ million judgment against Microsoft in the EU was the fact that the Windows operating system including Windows media player.  Apple was criticized for limiting iPhone customers to just one carrier: AT&T.

Assignments to be Handed in During Class

Reading Materials

Cases

  Target V. Sexton

  Vernor V. Autodesk

Textbook (optional):

 Chapter Four: Content licenses (section 4.02[J](6))

I. Discussion - Access to the Internet

a. We review the Target case and watch a video to see how a visually impaired woman uses e-mail and the Internet.

b.  The class examines technology used for voting and the various legal and technical challenges.  We consider the intersection of the DMCA and voter's rights in the Diebold case.

c. Open source software is an efficient method of freely distributing content to other programmers, but it comes with some requirements and restrictions.  We discuss how to keep clients from falling into an open source disaster with their software product.

d. Distributed computing is an efficient way to tackle complex computer problems.  We examine the promise of the technology and potential legal pitfalls.

e. Tying or bundling multiple products or services is relatively common with technology products.  At what point does it cross the line into a violation of antitrust laws?

Handout Materials PowerPoint Presentation

  

Week 6 : Advertising, Jurisdiction & International Law.

Theme of Lecture

Online advertising is an inexpensive method of reaching a vast audience of potential customers. Advertising on the Internet, however, may invite the scrutiny of consumer protection agencies across the globe.

Familiar jurisdictional cases such as World Wide Volkswagen or International Shoe did not anticipate the rise of electronic commerce. 

Few activities can be more time consuming or expensive than being required to appear in a distant court to defend your online activities. Yet many companies enter cyberspace without considering the possibility of being sued in a different state or even another country.

The class reviews online advertising and looks at Federal Trade Commission guidelines for fair online advertising. Finally we review attorney advertising online and discuss some of the ethical challenges of advertising legal services on the Internet.

Reading Materials

Cases:
 Ubid V. Godaddy

  Aitken V. Communications Workers of America (focus on jurisdiction)

Textbook (optional):
 Chapter Two: Advertising Your Products (Section 2.07)
 Chapter Seven: Two Paradigms of Personal Jurisdiction (Section 7.02)
 Chapter Seven: Cyber-Jurisdiction case (Section 7.03) 
 Chapter Seven: Preventative Pointers and Guides (Section 7.04)

 

Discussion The class reviews the basics of advertising law and jurisdiction related to doing business online.

Handout Materials  

Week 7 : Doing Business Online - E Commerce.

Theme of Lecture

As quickly as the Internet has emerged as a viable sales channel, the industry has gone through a dramatic evolution, leaving quite a few dot com disasters in its wake. The myth of the new economy driven by something other than profit has shattered. Still an Internet presence is a must for any company. The federal electronic signature law and new privacy legislation have helped remove barriers to e-commerce. When a company conducts business on the Internet, whether it realizes it or not, it becomes an international company. Regardless of where the transmission originates, a company can be subject to various state or international laws. We explore some of the legal issues surrounding this new forum for conducting business.

Reading Materials

Textbook (optional):
  Chapter Six: Overview (Section 6.01)
  Chapter Six: Electronic Signatures (6.03)
  Chapter Six: Electronic Contracts (pages 6.04)

I. Discussion - Conducting Business
The class discussion focuses on e-commerce and corporations establishing a web presence. There are many fascinating issues such as international implications, taxation, and delivery. We explore the implications of e-sign as well as some state digital signature laws. To explore e-business/e-commerce issues we look at the following companies :

Amazon , McAfee , Hillenbrand Industries , Dell Computers

Handout Materials PowerPoint Presentation

 

Week 8 : First Amendment, Blogging, Digital Discovery and Amended Federal Rules, Data Retention, Digital Security, Encryption.

Theme of Lecture

I. First Amendment and Blogging

The First Amendment states "Congress shall make no laws...abridging the freedom of speech or the press..." Free speech includes three complementary yet distinct concepts: what is said, who says it, and how it is said or what medium is used for the expression. New technology and the Internet may very well change the nature of free speech in terms of what is said and by whom. As a relatively new and unique medium, the Internet raises complicated questions such as: is cyberspace a public or private forum and does it matter whether or not someone is surfing the net in the privacy of their home or office?  What is blogging and has the law shaped blogs or are blogs shaping the law?

II Digital Discovery, Data Retention, Digital Security and Encryption

With the advent of federal digital discovery rules, litigators need to be reasonably versed in the technology. Most documents requested for discovery during litigation are digital. Companies without a data retention program might have to provide an opposing party with terabytes of information, which the opposing party could electronically index and search. With dozens of statutory customer data security requirements and several high profile lawsuits, corporate data security is no longer a luxury to be ignored.

Reading Materials

Cases:
 Pension Committee(skim - read facts and judge's commentary regarding digital discover obligations)
 Comcast (skim - facts for discussion regarding net neutrality)

 McCann v. Harleysville Insurance

Textbook (optional):
 Chapter Three: Internet Security (Sections 3.01-3.02 skim)

Discussion

The First Amendment discussion focuses on the conflict between free speech and legitimate governmental interests online. Should individuals have unlimited access to the Internet and how do we protect minors from harmful content online without encroaching on First Amendment rights? Even with broad First Amendment rights in the United States, what other entities are curtailing freedom of expression online? 

We discuss the technology and legal issues surrounding data retention policies, digital discovery, and digital security. Litigators have used Facebook and other social networking activities in an effort to discredit a party. Should Facebook accounts be off limits in lawsuits? Digital evidence can come from many sources.

Handout Materials  

 

Week 9 : Creating a Virtual Company

Theme of Lecture

This class is devoted to creating and managing a company with an online presence. We review lessons learned from prior lectures and create templates, models, and business plans to be used in private practice.

Reading Materials
Textbook (optional):
 Chapter Nine: E-Commerce Insurance (Section 9.03)
 Chapter Nine: Know Your Insurance Coverage (Section 9.03[F])
 Chapter Nine: Risk Management (Section 9.01)
 Appendix A: Overview of a Business Plan (Appendix pages 1-14) 
 Appendix A: Sample Business Plan (Appendix page 15)

Assignments to be Handed in During Class

There will be no assignments due this week.

Handout Materials

Week 10 : Tax Discussion.

Theme of Lecture

Virtual transactions in cyberspace have not escaped the attention of municipal coffers. Taxation of online transactions is a potential labyrinth of local, county, state, federal, and foreign regulations. Even though online taxes have been temporarily suspended in the United States, companies engaged in e-commerce need to understand tax issues affecting them in the future. Current tax codes, which can appear daunting for traditional transactions, acquire a more ominous hue with the threat of multi-party online sales.

Discussion

The discussion will focus on global access to the net and how the traditional territorial issue of taxation presents a novel challenge to companies, courts, and legislators 

We will also discuss the technology and legal issues surrounding data retention policies, digital discovery, and digital security.

II. Use of Technology - Doing Legal Research on Net

During this session, students will be introduced to various non-legal materials (3^rd of 3 sessions). 

Reading Materials

Cases:
 Amazon

Textbook (optional):
 Chapter Six: Internet Taxation (Section 6.07)

Handout Materials  

 

Week 11 : Student Presentations.

Reading Materials
There are no specific reading materials for these four weeks.

Assignments to be Handed in During Class
If you are presenting your paper/project in Week 12, then this assignment is due on Week 11.

Handout Materials  

 

Week 12 : Student Presentations.

Reading Materials
There are no specific reading materials for these four weeks.

Assignments to be Handed in During Class
If you are presenting your paper/project in Week 13, then this assignment is due on Week 12.

Handout Materials

Week 13 : Student Presentations.

Reading Materials
There are no specific reading materials for these four weeks.

Assignments to be Handed in During Class
If you are presenting your paper/project in Week 14, then this assignment is due on Week 13.

Handout Materials

 

Week 14 : Student Presentations.

Reading Materials
There are no specific reading materials for these four weeks.

Assignments to be Handed in During Class
If you are presenting your paper/project in Week 14, then this assignment is due on Week 13.

Handout Materials

 

Federal Requirements and attendance.

This two credit course is designed to follow the Federal Government’s Credit Hour definition by providing approximately two hours of classroom or direct faculty instruction and a minimum of four hours of out of class student work each week for approximately fifteen weeks for one semester. Students must follow SULS attendance policies and be present to meet the federal requirements.

 

Goals.

Upon successful completion of this course, students will know/understand some of the fundamental legal issues related to cyberspace and technology.

 

Objectives.

Upon successful completion of this course, students will be able to identify and analyze legal issues related to the Internet.

 

Assessments.

This course is graded based on class participation (25%), written assignment (25%), presentation (25%) and project (25%).

 

Disability Statement.

Please note that all lectures are handed out at the beginning of class to facilitate discussion and minimize the required note taking. If you anticipate issues related to the format or requirements of this course, please let either professor know and if you determine that formal, disability-related accommodations are necessary, it is very important that you be registered with the Office of Disability Services (located in 73 Tremont St., 7th floor, 617-994-6820).

 

Laptop Policy.

Laptops are a helpful tool for taking notes and viewing the lecture during class, but may not be used for other activities.