INFO 235 - LAW 276.1 Spring 2011 Syllabus

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Syllabus

University of California at Berkeley, Spring 2011
LAW 276.1 and INFO 235 Cyberlaw
Days and Time Mondays and Wednesday 11:00 a.m. - 12:30 p.m. (3 units)
Location South Hall 202

Instructor: Brian W. Carver (bcarver at ischool dot berkeley dot edu)
207C South Hall
510.643.1469

Office Hours: Mondays and Wednesdays 10:00 a.m. - 11:00 a.m. and by appointment

Course Websites:

Grade and Attendance:

  • Final Paper: 40%
  • Wikipedia Article: 15%
  • Wikipedia Reviews: 10%
  • Voxius.org Project: 20%
  • Participation: 15%


Each student will be required to write a paper, due at the end of the term, of approximately 20-35 pages (5,000-8,750 words), on a topic related to those covered during the semester. Each student will also be required to submit an outline of their proposed final paper at least one month prior to the paper due date. The outline will not be separately graded . See schedule below for exact due dates. Everyone should ensure that their paper's format conforms to that described in the Paper Template handout.

Note: JD students (but not LLM students) must write a paper that exceeds 7500 words or 30 pages. This enables the course to receive the "Seminar" designation under the Law School's Grading Rules and Policies which then enables me to award a greater number of HH or H grades than would be permitted under the usual grading rules and policies. Law Students that wish to use this paper for their Writing Requirement must meet additional deadlines that are merely "suggested" for others and which are detailed on the "Paper Schedule" handout.

I encourage you to discuss paper ideas with me. You may also gain some insight into choosing an appropriate topic or how to approach a seminar paper from the following:

News articles, legal opinions, and scholarly articles related to the course topics can also be found on Brian's Wiki. Students may find ideas for paper topics or relevant resources on Brian's Wiki.

Each student will also, alone or in a small group, identify a topic/case/statute/etc. related to those covered during the semester and will edit or create its respective Wikipedia entry so as to improve Wikipedia's coverage of Cyberlaw topics. Topic proposals and, for group projects, an explanation of each group member's responsibilities will be submitted and approved in advance. See schedule below for exact due dates. Each student will also sign up to review and edit the Wikipedia pages edited by two fellow students.

Students will work in groups on a voxius.org project in which each group will create public domain audio recordings of one or more of the opinions of the Supreme Court of the United States that are assigned in this course. Details will be provided in class and at voxius.org.

While participation from all students is encouraged in each class meeting, half of the class (last names A-K or L-Z) will be "on call" and bear primary responsibility for moving the discussion forward in each class meeting. Attendance is expected. If you need to miss all or a portion of a class, I will assume you have a good reason, so you need not detail it for me. If you like, you can simply send me an email letting me know you need to miss, but it is not necessary.

Textbook: Lemley, Menell, Merges, & Samuelson, Software and Internet Law ("SAIL") (3d ed. 2006); additional readings available online. (This textbook is also used for INFO 237 IP Law for the Information Industries, to be offered Fall 2011, but the 4th edition should be available by then.)

Prerequisites: None; Students from all levels (graduate/undergraduate) and schools on campus are welcome. However, this is a graduate-level course, so interested undergraduates are encouraged to meet with me before enrolling (or before the drop deadline). Undergraduates must meet additional paper deadlines that are merely "suggested" for others and which are detailed on the "Paper Schedule" handout.

Course Description (from the Course Catalog): The emergence of global digital networks, such as the Internet, and digital technologies that enhance human abilities to access, store, manipulate, and transmit vast amounts of information has brought with it a host of new legal issues that lawyers preparing to practice in the 21st century will need to understand and address. Although many are trying to "map" existing legal concepts onto problems arising in cyberspace, it is becoming increasingly evident that this strategy sometimes doesn't work. In some cases, it is necessary to go back to first principles to understand how to accomplish the purposes of existing law in digital networked environments. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, privacy, content control, and the bounds of jurisdiction. Students with familiarity with the Internet and its resources or with backgrounds in some of the substantive fields explored in this course are especially welcome, but there are no formal prerequisites. Grades for the course will be based either on a series of short papers or on a supervised term paper.

Course Goals: We will survey internet and technology law. Students will, for the most part, be introduced to these topics through reading of judicial opinions, law review articles, in-class lectures, and discussions. Students will illustrate their understanding of the material through discussions, writing assignments, and the final paper.

Add/Drop Policy: The university determines the last day to drop without a "W". Check with the Registrar.

Academic Honesty: U.C. Berkeley's Code of Student Conduct prohibits all forms of academic misconduct including but not limited to cheating, fabrication, plagiarism, or facilitating academic dishonesty. See Policy 102.01 at http://www.ucop.edu/ucophome/coordrev/ucpolicies/aos/uc100.html and http://students.berkeley.edu/uga/conductiii-vii.asp#V It is my policy to pursue the discipline of such misconduct, including, but not limited to, the entering of a grade of F in the course and a notation (or equivalent) on the student's transcript of the reason for same.

Resources: http://dictionary.law.com/ Judges and professors use a lot of legal jargon. Here's a way to look it up.

Students with disabilities: Students with disabilities who may need accommodations for any sort of disability are invited to make an appointment to see me.

Special Thanks: to those who previously taught this course, Jason Schultz, Aaron Perzanowski, Fred von Lohmann, and Pamela Samuelson, upon whose work this syllabus is based.



SCHEDULE:

Note: This is a cross-listed course. Unfortunately, the Law School's Academic Calendar does not align with the Academic Calendar of main campus. Law instruction begins Mon. Jan. 10, but instruction begins on main campus on Tues. Jan. 18. Law instruction ends Tues. Apr. 26, but instruction ends on main campus on Fri. Apr. 29. We will address this by having those enrolled in LAW 276.1 meet on Wed. Jan. 12, while those enrolled in INFO 235 will not meet on that day. Those in INFO 235 will meet on Wed. Apr. 27, while those enrolled in LAW 276.1 will not meet on that day. We will cover the same material in these sessions, so all students will cover the same material, just at different times.

Jan. 10, Mon. NO CLASS

NO CLASS



Jan. 12, Wed. (LAW 276.1 ONLY meets): Virtual Property

Students in LAW 276.1 meet, those in INFO 235 do not.

Optional Readings: Virtual Property



Jan. 17, Mon.: NO CLASS MLK Holiday

NO CLASS. Martin Luther King, Jr. Holiday.



Jan. 19, Wed.: Introduction



Jan. 24, Mon.: Personal Jurisdiction for Online Activities and International Jurisdiction

Optional Readings: Personal Jurisdiction for Online Activities and International Jurisdiction



Jan. 26, Wed.: Personal Jurisdiction for Online Activities and International Jurisdiction

Optional Readings: Personal Jurisdiction for Online Activities and International Jurisdiction



Jan. 31, Mon.: Indecent Speech and Censorship on the Internet

Optional Readings: Indecent Speech and Censorship on the Internet



Feb. 2, Wed.: Indecent Speech and Censorship on the Internet

  • Wikipedia Project Proposals Due
  • L-Z on call
  • Nitke v. Gonzales, 413 F. Supp. 2d 262 (S.D.N.Y. 2005).
  • United States v. Kilbride, Nos. 07-10528 & 07-10534 (9th Cir. Oct. 28, 2009) (read only up to section II. B, i.e., pages 1-23).

Optional Readings: Indecent Speech and Censorship on the Internet



Feb. 7, Mon.: Immunity for Internet Intermediaries

Optional Readings: Immunity for Internet Intermediaries



Feb. 9, Wed.: Immunity for Internet Intermediaries

Optional Readings: Immunity for Internet Intermediaries



Feb. 14, Mon.: Liability for Distributing Information Obtained by Others

Optional Readings: Liability for Posting Information Obtained by Others



Feb. 16, Wed.: Liability for Distributing Information Obtained by Others

Optional Readings: Liability for Posting Information Obtained by Others



Feb. 21, Mon.: NO CLASS President's Day

NO CLASS. President's Day Holiday.



Feb. 23, Wed.: In-class Team Meetings for Voxious.org Projects

  • Continue revising and improving Wikipedia article.
  • A-K on call
  • Prepratory group meetings for Voxious.org projects



Feb. 28, Mon.: In-class Team Meetings for Voxious.org Projects

  • It is important that everyone attend this class meeting.
  • Paper outline due for undergraduates and Law School Writing Requirement



Mar. 2, Wed.: Liability for Distributing Information Obtained by Others

Optional Readings: Liability for Posting Information Obtained by Others



Mar. 7, Mon.: Copyright Liability for Internet Intermediaries

Optional Readings: Copyright Liability for Internet Intermediaries



Mar. 9, Wed.: Copyright Liability for Internet Intermediaries

Optional Readings: Copyright Liability for Internet Intermediaries



Mar. 14, Mon.: Digital Rights Management and Anti-circumvention

Optional Readings: Digital Rights Management and Anti-circumvention



Mar. 16, Wed.: Network Neutrality

Optional Readings: Internet Governance and Network Neutrality



Mar. 21, Mon.: NO CLASS Spring Break

  • SPRING BREAK NO CLASS



Mar. 23, Wed.: NO CLASS Spring Break

  • SPRING BREAK NO CLASS



Mar. 28, Mon.: Network Neutrality

Optional Readings: Internet Governance and Network Neutrality



Mar. 30, Wed.: Fourth Amendment as Applied to Online Privacy

Optional Readings: Fourth Amendment as Applied to Online Privacy



Apr. 4, Mon.: Fourth Amendment as Applied to Online Privacy

  • Voxious.org teams have completed all initial recordings.
  • A-K on call
  • Hepting v. AT&T, 439 F. Supp. 2d 974 (N.D. Cal. 2006) (pp 1-36).
  • United States v. Arnold, 533 F.3d 1003 (9th Cir. 2008).

Optional Readings: Fourth Amendment as Applied to Online Privacy



Apr. 6, Wed.: Statutory and Common Law Claims to Protect Online Privacy

Optional Readings: Statutory and Common Law Claims to Protect Online Privacy



Apr. 11, Mon.: Statutory and Common Law Claims to Protect Online Privacy

Optional Readings: Statutory and Common Law Claims to Protect Online Privacy



Apr. 13, Wed.: Civil and Criminal Hacking (The Computer Fraud and Abuse Act)

Optional Readings: Civil and Criminal Hacking (The Computer Fraud and Abuse Act)



Apr. 18, Mon.: Civil and Criminal Hacking (The Computer Fraud and Abuse Act)

Optional Readings: Civil and Criminal Hacking (The Computer Fraud and Abuse Act)



Apr. 20, Wed.: Online Anonymous Speech and the First Amendment

Optional Readings: Online Anonymous Speech and the First Amendment



Apr. 25, Mon.: Online Anonymous Speech and the First Amendment

Optional Readings: Online Anonymous Speech and the First Amendment



Apr. 26, Tue.: Pope Gregory Make-up Class

  • Pope Gregory Make-up Class. Our usual classroom is unavailable. Brian will be available in Room 136 Boalt Hall during normal class hours, if you would like to discuss your paper.



Apr. 27, Wed. (ONLY INFO 235 meets): Virtual Property

Students in INFO 235 meet, those in LAW 276.1 do not.

Optional Readings: Virtual Property



May 13, Fri.: PAPERS DUE

Papers due by 11:59:59 p.m.