Course Syllabus

Textbook:
 Overview: The Rise of the Internet (Section Overview 1-9)
 Chapter One: What is the Internet (sections 1.03-1.04[H] (skim))
 

I. Discussion - Legal Technology Issues

From camera phones to digital discovery, 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 can represent a significant portion of a company's assets. Online, web site operators may enjoy intellectual property protection for most facets of their web site, including unique business processes, images, text, codes, sounds, and brand names. Technology, however, has simplified the process of borrowing materials from other sites. A web site operator has to protect their own material while remaining vigilant against infringing the copyright of others.

II.                 Copyright
From the VCR to MP3s, copyright law has always been several steps behind evolving technology. The Digital Millennium Copyright Act has given 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 that didn't grow up 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 have reduced the speed of downloading a music track from hours to minutes. Unfortunately, the Internet has also facilitated online music piracy, bypassing the copyright protection and royalties that artists had 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. Google's purchase of Youtube escalates consumer access to digital content on their computers, Mp3 players, cell phone screens, and beyond.

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

Reading Materials

Cases:
 Lexmark International Inc. v. Static Control Components, Inc.

 Leslie A. Kelly, et al. v. Arriba Soft Corp.,et al.

  MGE UPS SYSTEMS, INC., Plaintiff, TITAN

Textbook:

 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 will review the intersection of technology and intellectual property and specifically focus on copyright law.   We will 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 will 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 can represent a valuable intangible asset. Speculators once registered valuable trademarks as domain names, hoping the trademark owner will pay a lot more than the initial registration fee. Unscrupulous web site operators can draw visitors to their site by placing popular trademarks within hidden code.

B) Business Method / Online Patents and Patent Trolls

Reading Materials

Cases:
Electronics Boutique Holdings Corp. v. John Zuccarini  

Textbook:
 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 will 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 will also 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 will visit Network Solutions and other international whois pages to view domain name registration information.   We will also review other ways to track down potential cybersquatters online.   The class will learn how to quickly spot meta-tags and hidden text within HTML. We will spend some time visiting LawLink's web-site and exploring what it has to offer the legal community.

Handout Materials

Week 4: Privacy

Assignments to be Handed in During Class
Hand in an outline that details both your paper and project.

Theme of Lecture

Online privacy tests the balance between consumers' rights to protect their 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 that they have little protection against the boss prying into their online and e-mail activities. 

Reading Materials

Week 6: Advertising, Jurisdiction, and 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 also 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. Does a web site the traditional 'minimum contacts' test in another forum?

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 will also review online advertising and look at Federal Trade Commission guidelines for fair online advertising. Finally, we will review attorney advertising online and discuss some of the ethical challenges of advertising legal services on the Internet.

Reading Materials

Cases:
 Millennium Enterprises v. Millennium Music

 Aitken Vs. Communications Workers  of America http://spamnotes.com/files/31236-29497/Aitken.pdf (3rd party link)  Focus on jurisdiction issue.

Textbook:
 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)

Optional Reading :
 Decker v. Circus Circus Hotel

Discussion The class will review the basics of advertising law and jurisdiction as they relate to doing business online.

Handout Materials

  PowerPoint Presentation

Week 7: Doing Business in Cyberspace - E Commerce

Theme of Lecture

As quickly as the Internet has emerged as a viable sales channel, the industry went through a dramatic evolution, leaving quite a few dot com disasters in its wake. The myth of the new economy that was 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 starts conducting business on the Internet, whether it realizes it or not - it has become an international company. Regardless of where the transmission originates from, a company can be subject to various state or international laws. We intend to explore some of the legal issues surrounding this new forum for conducting business.

Reading Materials

Textbook:
 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 will focus on e-commerce and corporations establishing a web presence. There are many fascinating issues like international implications, taxation, and delivery. We will also explore the implications of e-sign as well as some state digital signature laws. As we examine these issues, using a hypothetical company we will compare our success with the following companies :

Amazon , McAfee , Hillenbrand Industries , Dell Computers

II. Use of Technology - Introduction to Doing Legal Research on Net
During this session, there will be an emphasis on employing various search engines and web sites to visit when conducting legal research on the Internet. (1^st of 3 sessions)

Handout Materials

PowerPoint Presentation

Week 9 Tax Issues

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 that will affect 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.

I. Discussion - Tax Issues
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.

II. Use of Technology - Doing Legal Research on Net
During this session, you will be introduced to various non-legal materials. (3^rd of 3 sessions) 

Reading Materials

Textbook:
 Chapter Six: Internet Taxation (Section 6.07)
 ABA Article: Taxing Time for the Internet? (3^rd party link)
 

PowerPoint Presentation

 Week 10: First Amendment, Blogging, Digital Discovery, 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?