New Media Regulation: Information and Support

Hotlinks

Home
About Andrew Murray
LL.210 Support Page
LL.420 Support Page
Online Bookshop
Studying Law at the LSE
Andrew's Research Page

Contact

Andrew D. Murray

Law Department
London School of Economics and Political Science
Houghton Street
London WC2A 2AE

Tel: 020 7849 4645 Fax: 020 7955 7366
a.murray[at]lse.ac.uk


Welcome to LL.421

New Media Regulation is a half-unit course which runs in the Michaelmas Term. It is open to all students doing the M.Sc. in Regulation and Media and Communications Regulation and Policy and most other LSE taught postgraduate students where Degree Regulations allow. To check availability of this course on your programme consult the Calendar.

This page is designed to provide support for all students taking the postgraduate unit New Media Regulation at the London School of Economics and Political Science


Part One - The Class

Aims and Objectives

This course examines and discusses topical issues in relation to the law of the internet and other digital information devices (iPhones etc.). It opens by examining the issues relating to network regulation or control by addressing questions such as "can the internet be regulated?" and "who is competent to police online content and activity?" We will conclude our examination of structural controls by examining the highly topical and politically charged issue of enshrined network neutrality: by asking the question: should Internet Service Providers be allowed to vary service conditions by types of content?

Students taking the course will be expected to develop knowledge and understanding of the different values brought to bear in the regulation of new media technologies and communities and the factors leading towards choices of particular values, regulatory institutions and process. Such knowledge and understanding will operate both at the theoretical level and the level of particular examples of regulatory regimes. Students will be expected to apply organisational and analytical skills to the investigation of evidence and problems and show effective communication through written work and seminar discussion. Students will be expected to research an assessed essay using both paper-based and IT-based research tools and submit it in word-processed form.

Teaching Methodology

This class will be taught by one two-hour seminar per week which meets on Thursday afternoons between 4pm and 6pm in Room NAB.107.

Students are expected to carry out the reading contained on the reading list and be in a position to discuss the issues raised in the reading at the following meeting of the class.

The teaching programme uses the Socratic method to approach issues of contemporary significance. The Socratic Method is used for two reasons (1) As a subject of contemporary value and international significance the discourse this opens among a truly international student body is more illuminating and instructive than to use a method of direct instruction; and (2) the belief that interrogating the facts will reveal the truth. There are no prerequisites for this course.


NOTE: THERE ARE NO LECTURES FOR THIS CLASS.

Assessment

Assessment of the course is by means of a two hour examination and an essay of not more than 2,500 words to be submitted no later than 5pm Friday 29th January 2010. Student may choose their own topics for the assessed essay but should have the title approved by the Course Convenor by Monday 30th November 2009. All Essays MUST be submitted with a signed plagiarism statement and cover sheet.

These are designed to test students ability to develop reasoned analyses across several subjects and to produce a cogent, coherent and structured argument in a controlled environment. In the examination students will be expected to answer two out of six questions.

Course Texts

NOTE: All texts recommended for this course may be purchased online from Amazon by clicking on the relevant hyperlink.

Recommended online texts

Lessig: Code V.2

Lessig: Free Culture

Lessig: The Future of Ideas

Benkler: The Wealth of Networks

Zittrain: The Future of the Internet

The Recommended Texts for purchase for this class is:

Highly Recommended

LL.421 - Class Timetable

Michaelmas Term 2009

Subject

Date

Why Study Cyberlaw?

  1. What is the value of studying Cyberlaw?
  2. Does it exist as a distinct subject?

Thurs 8 Oct.

Thinking About Regulation and Control

  1. How does regulation control end-users
  2. Types of Regulation
  3. Consequences and Unintended Consequences

Thurs 15 Oct.

Regulating Cyberspace (1)

  1. Digitisation and Law.
  2. The worlds of Atoms and Bits
  3. The move from Atoms to Bits
  4. Digital Convergence

Thurs 22 Oct.

Regulating Cyberspace (2)

  1. The development of Cyber-regulatory theory.
  2. Cyber-regulatory schools of thought.
  3. Cyber-Paternalism

Thurs 29 Oct.

Regulating Cyberspace (3)

  1. An examination of Lawrence Lessig’s theories of Cyber-regulation.
  2. The Cyberpaternalist School
  3. Network Communitarianism

Thurs 5 Nov.

Lawmakers in Cyberspace

  1. States-Based Regulators
  2. Non-State Regulators
  3. An examination of the Internet Society, IETF and IAB.
  4. ICANN and the Domain Name Space

Thurs 12 Nov

Network Neutrality

  1. Net Neutrality
  2. Device Neutrality, Generativity and Freedom
  3. Legislating for Net Neutrality

Thurs 19 Nov

Communities in Cyberspace

  1. Norms as Controls.
  2. How communities develop in Cyberspace and how they control.
  3. An examination of eBay and Facebook

Thurs 26 Nov

Property and Ownership (1)

  1. Digital Property
  2. Digital Property
  3. Digital Trespass

Thurs 3 Dec.

Property and Ownership (2)

  1. Virtual Property
  2. Virtual Environments
  3. Second Life and World or Warcraft
  4. The Game versus the Law

Thurs 10 Dec.

The Course Handbook which contains full details of all of the above may be accessed HERE

Part Two - The Course Discussion Board

Anything you want to discuss about the class or the materials? Then take part in an on-line discussion with the class Discussion Board.

Part Three - Course News

Course news and materials will be posted in the Virtual Law@LSE Blog.

My office hours for the 2009/10 session are:

Mondays 2 - 3.30. Please make appointments via LSE for You

To make a booking during my office hours use the online booking facility here.

Part Four - Assessed Materials

Mock Examination Paper
2002 Examination Paper
2003 Examination Paper
2004 Examination Paper

2005 Examination Paper

2006 Examination Paper
2007 Examination Paper
2008 Examination Paper
2009 Examination Paper

Part Five - Sites of Interest and Other Useful Links

General Sites - which may be of particular use in revision and/or the preparation of essays

The British and Irish Legal Information Institute (BAILII)
The Legal Information Institute
The World Intellectual Property Organisation
Findlaw
Lex Mercatoria
The Cyberlaw Encyclopaedia
Organisation for Economic Co-operation and Development (OECD)
United Nations
Cyber Rights and Cyber Liberties (UK)
Hieros Gamos
Internet Society
Web Journal of Current Legal Issues (Web JCLI)
ABA Science, Technology and E-Commerce Division
Journal of Information Law and Technology (JILT)
Info (*)
International Journal of Law and Information Technology (*)
International Review of Law, Computers & Technology (*)
Harvard Journal of Law & Technology
Berkeley Technology Law Journal
Journal of Technology Law and Policy
Michigan Telecommunications and Technology Law Review
Richmond Journal of Law & Technology
Stanford Technology Law Review
Virginia Journal of Law and Technology
International Journal of Communications Law and Policy
The Filter
Wired
Law.com
Digital-Rights.net
Berkeley Centre for Law and Technology
Berkeman Centre for Internet and Society
Electronic Frontier Foundation
Lawrence Lessig
Michael Froomkin

Week 1: Why Study Cyberlaw?

Sommer: Against Cyberlaw
Easterbrook: Cyberspace and the Law of the Horse
Lessig: The Law of the Horse: What Cyberlaw Might Teach
Murray: The Regulatory Edge of the Internet
Murray: Coffee Pots and Protocols: The Role of the Cyberlawyer
Andrew Murray's PowerPoint Presentation

Week 2: Thinking About Regulation and Control

Orwell: 1984
Huxley: A Brave New World
Rand: Anthem
Bacon: The New Atlantis
More: Utopia
Wells: Men Like Gods
Wells: A Modern Utopia

Week 3: Digitization and Law

Code Ver 2.0 (Lessig)   
Controlling the New Media: Hybrid Responses to New Forms of Power (Murray & Scott)
What Larry Doesn’t Get: Code, Law and Liberty in Cyberspace (Post)
Selling Wine Without Bottles: The Economy of Mind on the Global Net (Barlow)
Law And Borders: The Rise of Law in Cyberspace (Post & Johnston
No Patents on Ideas (Jefferson)
The Future of Intellectual Property (Spinello) (*)
The Regulatory Edge of the Internet (Murray)

Week 4: Cyber-Regulatory Theory Freedom vs. Control  

Post: What Larry Doesn't Get: Code, Law, and Liberty in Cyberspace
Reidenberg: Governing Networks and Rule-Making in Cyberspace
Johnson & Post: Law & Borders: The Rise of Law in Cyberspace
Johnson & Post: The New ‘Civic Virtue’ of the Internet: A Complex Systems Model for the Governance of Cyberspace
Barlow: A Declaration of Independence for Cyberspace
Goldsmith: Unilateral Regulation of the Internet: A Modest Defence
Goldsmith: Against Cyberanarchy
Winner: Cyberlibertarian Myths and the Prospects for Community
Reidenberg: Lex Informatica: The Formulation of Information Policy Rules Through Technology
Boyle: Foucault In Cyberspace: Surveillance, Sovereignty, and Hard-Wired Censors
Post: The ‘Unsettled Paradox’: The Internet, the State and the Consent of the Governed
Perritt: The Internet as a Threat to Sovereignty? Thoughts on the Internet’s Role in Strengthening National and Global Governance
Aoki: Considering Multiple and Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, “Global” Intellectual Property, and the Internet
What Larry Doesn't Get (Bryant)

Week 5: Multi-Nodal Governance and Network Communitarianism

Mayer-Schoenberger: Demystifying Lessig
Post: What Larry Doesn't Get: Code, Law, and Liberty in Cyberspace
Murray & Scott: Controlling the New Media: Hybrid Responses to New Forms of Power(*)
Johnson & Post: Law & Borders: The Rise of Law in Cyberspace
Rotenberg: Fair Information Practices and the Architecture of Privacy (What Larry Doesn't Get)
Neither East Nor West, Is Mid-West Best? (Brownsword)

Week 6: Cyber-Regulators

Reidenberg: Lex Informatica: The Formulation of Information Policy Rules Through Technology
The Internet Society (ISOC)
The Internet Architecture Board
The Internet Engineering Task Force
Froomkin: Of Governments and Governance
Grindley, Salant & Waverman: Standards WARS: The Use of Standard Setting as a Means of Facilitating Cartels Third Generation Wireless Telecommunications Standard Setting

Week 7: Network and Device Neutrality

Genachowski: Preserving a Free and Open Internet:A Platform for Innovation, Opportunity, and Prosperity
Lessig: The Architecture of Innovation
Owen: The Net Neutrality Debate: Twenty Five Years After United States v. AT&T and 120 Years After the Act to Regulate Commerce
Zittrain: The Generative Internet
Wu: A Tale of Two Platforms
Singer & Litan: Unintended Consequences of Net Neutrality Regulation
Zittrain: A History of Online Gatekeeping
Ganley & Allgrove: Net Neutrality Debate
Owen: Antecedents to Net Neutrality
Ganley & Allgrove: The Net Neutrality Debate: Answering the Questions

Week 8: Community Controls

Major: Norm Origin and Development in Cyberspace: Models of Cybernorm Evolution
Perritt Jr.: Cyberspace Self-Government: Town Hall Democracy or Rediscovered Royalism?
Netanel: Cyberspace Self-Governance: A Skeptical View from Liberal Democratic Theory
Giordano: Invoking Law as a Basis for Identity in Cyberspace
Jacobs: Comparing Regulatory Models - Self-Regulation vs. Government Regulation: The Contrast Between the Regulation of Motion Pictures and Broadcasting May Have Implications for Internet Regulation
Post & Johnson: The New Civic Virtue of the Net
Lemley: The Law and Economics of Internet Norms

Week 9: Digital Property

Lastowka: Decoding Cyberproperty
eBay v. Bidder’s Edge Inc.
Intel Corp. v. Hamidi
Perfect 10, Inc. v. Amazon.com, Inc.
Plant v. Service Direct (UK)
Radin: Information Tangibility
Madison: Rights of Access and the Shape of the Internet

Thrifty-Tel, Inc. v. Bezenek

CompuServe Inc. v. Cyber Promotions Inc

Week 10: Virtual Property

Balkin: Virtual Liberty: Freedom to Design and Freedom to Play in Virtual Worlds
Linden Labs: Second Life Community Standards
Meyer-Schoenberger & Crowley: Napster’s Second Life? - The Regulatory Challenges of Virtual Worlds
Fairfield: Virtual Property
Townsend Gard & Goda: The Fizzy Experiment
Talbot: The Fleecing of the Avatars
Terando et al: Taxation Policy in Virtual Worlds: Issues Raised by Second Life and Other Unstructured Games
Xuan: Virtual Property in Greater China
Lynn: Virtual Rape Is Traumatic, but Is It a Crime?
Entropia Universe
Second Life
About the Crystal Palace Sale
Selling Wine Without Bottles: The Economy of Mind on the Global Net (Barlow)
The Trouble With Trespass (Burke)
Is it really just a game? (Lim)
Bragg v Linden & Rosedale
Eros LLC v Simon (Complaint)
Eros LLC v Simon (Judgement)
Intel Corp. v. Hamidi
eBay Inc. v. Bidder’s Edge, Inc

(*) - Subscription materials. Access from within the LSE or use your ATHENS password.

Part Six - Contact Details and Other Miscellaneous Information

Do you have a question on this week's materials? Something that's not clear or you can't get hold of? If you do or if you just have a general enquiry and you want to ask the tutor then just:

Mail Andrew Murray

All questions, queries or other enquiries should be directed to Mr. Andrew Murray who the webmaster for this site.

Contact

Mr. Andrew Murray

Law Department

London School of Economics
Houghton Street
London, WC2A 2AE

Tel: 020 7849 4645
Fax: 020 7955 7366

E-mail: a.murray[at]lse.ac.uk

© 2003 - 2009 Andrew D. Murray

 

 

 

 

 

 

 

Contents

Course Discussion Board

Course Handbook

Examination Paper 2009

Examination Paper 2008

Examination Paper 2007

Examination Paper 2006

Examination Paper 2005

Examination Paper 2004

Examination Paper 2003

Examination Paper 2002

Mock Examination Paper