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SYLLABUS FOR LAW 276: CYBERLAW

Professor Pamela Samuelson, University of California, Berkeley


COURSE DESCRIPTION

As the Internet has come to be a communications network for the masses and for commercial activities, legal authorities have gotten more interested in asserting authority over it and the activities of those who use it. Initially, the questions facing legal decisionmakers tended to concern important but relatively straightforward questions about how to categorize this new medium and those who use it (e.g., should the Internet be regulated like the print media or like broadcasting, and should online service providers be treated more like bookstores or like publishers?). More recently, broader and deeper questions have arisen about the role of law in this new domain. These have ranged from concerns about the nature of self-identity (e.g., do I have a "right" to engage in anonymous or pseudonymous activities?) to concerns about national sovereignty (e.g., what powers do governments effectively have to regulate activities occurring in cyberspace?).

Embedded in much of the discourse about cyberlaw issues are differing visions (or Internet dreams, to use Mark Stefik's metaphor) about the emerging information environment in a globally networked world. Some of these visions are utopian, some distopian in character. Unsurprisingly, the more anarchic or libertarian end of the spectrum tends to regard plans for heavily regulated information environments (whether done by the government of Singapore or imagined by the Christian Coalition) as distopian whereas the regulators reserve this label for the anarchists. In addition to recognizing and assessing these competing visions, let us also inquire whether (or to what extent) there is a technological imperative that dictates that this new environment will develop in a particular way. Insofar as there are choices we can make about regulating this new environment, what are those choices and what consequences will they have if we choose them? How much can we count on information technologies to solve the pro


Topics and Readings for:


CLASS 1 (1/22/97) Introduction to Cyberlaw

Recommended reading:


CLASS 2 (1/29/97) Debate over rights to control temporary copying and digital transmissions of copyrighted works and standards for liability of online service providers as a matter of U.S. and international law

Required reading:

Recommended reading:


CLASS 3 (2/5/97) WIPO Copyright Treaty Obligations as regards rights management information and regulation of "black-box" technologies

Required reading:

Recommended reading:


CLASS 4 (2/12/97) Proposals for a new form of legal protection for the contents of databases

Required reading:

Recommended reading:


CLASS 5 (2/19/97) Of shrink-wrap licenses, online contracts, proposed Article 2B of the Uniform Commercial Code, and intellectual property policy

Required reading:

Recommended reading:


CLASS 6 (2/26/97) Commerce infrastructure issues

Student team: Ethan Christensen, John Heath, Daniel Yost

Part 1 of 2: E-cash

Required reading:

Recommended reading:

Part 2 of 2: Taxation

Required reading:

Recommended reading:


CLASS 7 (3/5/97) Trademark issues in Cyberspace

Specific questions about the assignment may be addressed to:
Brad Simon, Gretchen O'Neal, and Scott Bain.

Questions to Consider (also note the task in question 5):

Required Reading:

Recommended Reading:


CLASS 8 (3/12/97) Online service liability issues

Student team: Ali Majeed, Alvin Naveja, Cliff Numark, Kurt Opsahl, Kimberly Spears

Required and recommended readings and questions


CLASS 9 (3/19/97) Gary Reback on cyberspace antitrust issues

Required reading:

Recommended reading:


CLASS 10 (4/2/97) Communications Decency Act issues

Student team: Nicole Aruda, Lee Cheng, Daniel Cook, Nick Khadder, Katey Schnitz

Required reading:

Recommended reading:


CLASS 11 (4/9/97) Export control/cryptography issues

Student team: Joshua Ridless, Pam Sergeeff, Gabe Wachob

Required reading:

Recommended reading:

Reading for Reference/Fun/General Sites:


CLASS 12 (4/16/97) Privacy issues

Student team: David Allan, Samir Armaly, Paul Jasper, Ghyo Park, Cynthia Morelli

Required reading:

Recommended reading:

Sources Of Privacy Protection For Electronic Communications

Constitutional Protections (Key Cases)

Legislative Protections

Common Law Protections

Reading List for 4/16

Questions

  1. Should statutory use of "personally identifiable information" concept be extended to ECPA's protection of electronic communication?

  2. Does ECPA's distinction between protection of content and non-content aspects of communication make sense? Why? If not, what types of non-content attributes of a communication should be protected?

CLASS 13 (4/23/97) Additional copyright issues (linking, etc.)

Student team: Sabing Lee, Jeff Marowitz, Laurel Miranda, Garner Weng, John Villareal

Required reading:

Recommended reading:


CLASS 14 (4/30/97) Jurisdiction/conflicts/dispute resolution issues

Student team: Gordon Fauth, Mary Heuett, Laurel Jamtgaard, Paola Sangiovanni

Required reading:

Recommended reading:


CLASS 15 (5/7/97) MUDs/MOOs, Jake Baker, & hackers (crimes of information?)

Student team: Rita Chowdhury, Sheryl Howell, Daniel Peters, Cynthia Tobisman

Required reading:

MUDs and MOOs Jake Baker

Recommended reading:

MUDs and MOOs Jake Baker

TOPICS FOR ADDITIONAL CLASS DISCUSSIONS OR PAPERS

(in no particular order)



OVERVIEW | SYLLABUS | REQUIREMENTS | BIBLIOGRAPHY | WEB RESOURCES