Course Information – June 2016
Introduction
This course examines the legal and policy issues relating to information technology (IT) from a comparative, global perspective. It covers wide range of issues involving how national governments regulate the technology of internet and how private citizens’ rights relating to internet are protected. Issues to be canvassed include privacy and personal data, internet jurisdiction, regulation of internet marketing, issues in electronic transactions, internet governance, domain name business models and disputes, intellectual property challenges for new business models, legal issues raised by cloud computing, as well as net neutrality and telecom regulation.
Each class will feature lecture and discussion on a specific topic with an emphasis on a comparative, global perspective that analyses legal, policy and regulatory approaches in Asia, North America, and Europe. Classes will also incorporate film and video to provide alternative perspectives on these issues. Students will write a paper examining a related issue and provide the class with a short presentation on their preliminary findings.
Grading
The course grade is comprised of two parts.
1. 25% for a class presentation on preliminary research on the final paper topic or a presentation on a relevant issue drawn from the student’s professional practice. Presentations will occur during the last two days of the course.
2. 75% for a final paper on a topic related to the course. Paper topics must be approved by the professor in advance. Paper submission deadline is Friday, July 8, 2016 at 17:00.
Class Structure
Each class will begin with a brief mini-case study modelled on the business school case study approach. Students will consider the fact pattern, briefly partner to discuss potential responses, and then engage in a class-wide discussion. The case study will be followed by a seminar/lecture format that will include lectures, discussion, and video presentations. Class powerpoints will be posted after class.
Course Outline and Readings
May 30, 2016, 18:30 – 19:30 – Introduction to course (via video)
June 1, 2016 – 18:30 – 21:30 – Jurisdiction – Which Law Applies Online?
Readings
- Geist, Is There a There There?
- Zippo v. Zippo.com
- Bangoura v. Washington Post
- Davydiuk v. Internet Archive Canada
- Equustek Solutions vs. Google
June 2, 2016 – 18:30 – 21:30 – E-commerce Regulation – What Does It Mean When You Click I Agree
Readings
June 3, 2016 – 18:30 – 21:30 – Internet Governance
Readings
- Nehf, James P., Domain Names and Websites as Collateral: Managing Uncertainty in Secured Financing Transactions (2016) (pp. 1-6, 7-11)
- Internet Governance Project, Alternate DNS Roots And The Abominable Snowman Of Sovereignty
- Mueller, Milton, The IANA Transition and the Role of Governments in Internet Governance
- OECD Digital Economy Outlook 2015, P. 20, 71-73, 123
- Stop the HK Takeover (scan)
June 4, 2016 – 9:30 – 13:30 – Domain Name Issues
Readings
Readings
- PIPEDA
- The Future of Privacy Forum, The US – EU Safe Harbor: An Analysis of the Framework’s Effectiveness in Protecting Personal Privacy
- Privacy Shield analysis
- Bradford, The Brussels Effect (pgs. 2-19, 22-26, 39-43, 48-63)
June 11, 2016 – 9:30 – 13:30 – Digital Copyright
Readings
- CCH v. LSUC
- Alberta (Education) v. Access Copyright
- EFF, Unsafe Harbors
- Duncan Matthews, The Rise and Fall of the Anti-Counterfeiting Trade Agreement (ACTA): Lessons for the European Union
- Benkler et al, Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate
June 11, 2016 – 13:30 – 15:30 – Student presentations
- Chan Leon Cheuk Hin
- Gary Wong
- Siu Ling
- Yang Xiaorui
June 12, 2016 – 9:30 – 13:30 – Net Neutrality and the TPP
Readings
- CRTC Internet traffic management decision, October 2009
- India, TRAI zero rating decision, February 2016
- McTaggart, Net Neutrality and Canada’s Telecommunications Act
- Assessing Effects of the Trans-Pacific Partnership on Telecommunications, IP and Public Interest
June 12, 2016 – 13:30 – 15:30 – Student presentations
- Michelle Lam
- Ron Yu
- Joseph Tsang
- Gabriel St-Laurent
- Junru Liu