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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? Upon completion of our structural
regulation examination we will move on to look at particular issues which affect
the online world and which are challenging
lawmakers. These include:
1. Digital and virtual property: can you “own” a webpage or website? What about
a virtual sword in World of Warcraft or a
virtual car in Second Life?
2. Speech: should you be able to say anything you want in social networking
sites such as Facebook or MySpace? Should
you be allowed to impersonate others on Twitter?
Should social networking sites have to comply with laws on political
speech? Is online defamation killing online free
expression?
3. Harm: Is some content inherently harmful – such as pornography or terrorist
speech? Should Second Life Age Play be
criminal? How should we deal cyber-stalking and
cyber-bullying?
4. Identity: Is online surveillance too prevalent? What about Phorm, Cleanfeed
and Facebook Beacon? What about
corporate identity? Should Google be allowed to
sell the Ad-word “McDonalds” to Burger King?
5. Google-Law: Should the law intervene to control Google? What is the effect on
TMs of Google Adwards? What about
Google images and copyright? Should Google Books
or Google news be more tightly controlled?
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 the Michaelmas Term we will meet 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.
Course Assessment
Assessment of the course is by means of a three
hour examination to be held in the summer examination diet. This is 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 three out of
twelve questions.
OR
Alternatively Candidates may elect to complete a 15,000 word dissertation on a topic related to the
New Media and Internet Law. This must be approved by the Programme Director.
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 are:
Other Recommended Texts
LL.4B5 - Class Timetable
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Michaelmas
Term 2009
|
Subject |
Date |
| |
Why Study Cyberlaw? |
·
What is the value of studying
Cyberlaw?
·
Does it exist as a distinct
subject? |
Thurs 8 Oct. |
| |
Thinking About
Regulation and Control
|
·
How does regulation control
end-users
·
Types of Regulation
·
Consequences and Unintended
Consequences |
Thurs 15 Oct. |
| |
Regulating
Cyberspace (1) |
·
Digitisation and Law.
·
The worlds of Atoms and Bits
·
The move from Atoms to Bits
·
Digital
Convergence |
Thurs 22 Oct. |
| |
Regulating Cyberspace (2) |
·
The development of
Cyber-regulatory theory.
·
Cyber-regulatory schools of
thought.
·
Cyber-Paternalism |
Thurs 29 Oct. |
| |
Regulating Cyberspace (3) |
·
An examination of Lawrence
Lessig’s theories of Cyber-regulation.
·
The Cyberpaternalist School
·
Network Communitarianism |
Thurs 5 Nov. |
| |
Lawmakers in Cyberspace |
·
States-Based Regulators
·
Non-State Regulators
·
An examination of the Internet
Society, IETF and IAB.
·
ICANN and the Domain Name
Space |
Thurs 12 Nov |
| |
Network
Neutrality |
·
Net Neutrality
·
Device Neutrality,
Generativity and Freedom
·
Legislating for Net Neutrality |
Thurs 19 Nov |
| |
Communities in
Cyberspace |
·
Norms as Controls.
·
How communities develop in
Cyberspace and how they control.
·
An examination of eBay and
Facebook |
Thurs 26 Nov |
| |
Property and
Ownership (1) |
·
Digital Property
·
Digital Property
·
Digital Trespass
|
Thurs 3 Dec. |
| |
Property and
Ownership (2) |
·
Virtual Property
·
Virtual Environments
·
Second Life and World or
Warcraft
·
The Game versus the Law |
Thurs 10 Dec. |
| |
Lent Term 2010 |
Subject |
Date
|
| |
Speech and Harm
(1) |
·
Cyber-Speech
·
From Web 1.0 to Web 2.0
·
Freedom Expression and Social
Responsibility
·
Facebook, Twitter and
MySpace
·
Political Speech
·
Hate Speech
·
Commercial Speech
|
Thurs 14 Jan. |
| |
Speech and Harm
(2) |
·
Defamation in
Cyberspace
·
The Tort of Defamation
·
The Facebook Case
·
Digital Defamation:
Publication and Republication
·
Digital Defamation:
Liability
·
Digital Defamation and UGC
|
Thurs 21 Jan. |
| |
Speech and Harm
(3) |
·
Pornography and Obscenity in
the Information Society
·
Obscenity
·
Pornography
·
Child Abuse Images and Pseudo
Images
·
Age Play in Second Life
·
Extreme Pornography
·
Private Regulation of
Pornographic Imagery |
Thurs 28 Jan. |
| |
Speech and Harm
(4) |
·
Computer Misuse
·
Hacking
·
Viruses, Criminal Damage &
Mailbombing
·
Denial of Service and Supply
of Devices |
Thurs 4 Feb. |
| |
Speech and Harm
(5) |
·
Crime and Law Enforcement in
the Information Society
·
Grooming, Harassment and
Cyberstalking
·
Cyberterrorism
·
Bandwidth Theft
·
The Convention on Cybercrime |
Thurs 9 Feb. |
|
Dissertation Reading
Week |
N/A |
| |
Networks and
Identity (1) |
·
Fraud and Identity Theft
·
Network Data Privacy
·
Facebook Beacon
·
Cleanfeed and Phorm
·
Art.29 Working Party |
Thurs 25 Feb. |
| |
Networks and
Identity (2) |
·
Corporate Identity
·
Counterfeits
·
Phishing
|
Thurs 4 Mar. |
| |
Google Law (1) |
·
Google Adwords and Keywords
·
Google Images, Google
Aggregation
·
Trespass to Servers
|
Thurs 11 Mar. |
| |
Google Law (2) |
·
Google Books
·
Google News
·
Google Data Retention
·
Article 29 Working Party |
Thurs 18 Mar. |
The Course Handbook which contains full details of all of the above may be accessed
HERE
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