Global Technology Law and Policy

Global Technology Law and Policy: Spring 2022 (CML3351)

Global Technology Law and Policy is an intensive seminar that is a collective initiative of the University of Ottawa, the University of Haifa, and Bocconi University in Milan with a selection of students from each university. This year’s course – public health permitting – will take place in person in Haifa and Milan. In the event that travel is not possible, the course will still be held via Zoom. The course focus for the year will be Internet platform regulation, touching on a wide range of issues including privacy, intellectual property, and content issues.

Classes will feature lectures, group work, and guest lecturers. In addition to the in-person classes, there will be at least on online lecture in late April and online student group presentations several days after the conclusion of the course.

Course Schedule (as of May 12, 2022, remains subject to change)

April 11 – meeting with Dr. Ronen Hoffman, Israeli Ambassador to Canada, (9:30 – 10:00 in Ottawa, 15:30 – 16:00 in Milan, 16:30 – 17:00 in Haifa)

April 26 – online orientation class (12:00 – 13:30 in Ottawa, 18:00 – 19:30 in Milan, 19:00 – 20:30 in Haifa)

May 1: Introduction, Internet Platforms and Power

15:00 – Campus tour for Ottawa and Bocconi students – meet outside Aroma

16:00 – 19:00: University of Haifa, Rabin Building 5013 (hybrid access)

  • Zarsky Lecture: Internet Platforms: Their Rise and Special Status
  • Geist Lecture: Canadian Policy and Internet Platforms
  • Group exercise

Readings

Tal Z. Zarsky, Social Justice, Social Norms and the Governance of Social Media, 35 Pace L. Rev. 138 (2014), p. 138-141, 143-154

Kate Klonick, The New Governors: The People, Rules and Processes Governing Online Speech, 131 Harv. L. Rev. 1598 (2018). Pages for reading 1625-1630, 1636-1642, 1650-1653, 1666-1668

Kate Klonick, Feature: The Facebook Oversight Board: Creating an Independent Institution to Adjudicate Online Free Expression, 129(8) Yale L. J 2418 (2020), Readings: 2422-2427, 2429, 2435-2438, 2442-3, 2456, 2475-2480, 2492-95.

Eric Goldman and Jess Miers, Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules, 1 Journal of Free Speech Law 191 (2021), p. 192-196 , 204-216. 

Nick Clegg, In Response to Oversight Board, Trump Suspended for Two Years; Will Only Be Reinstated if Conditions Permit (FB, June 4th, 2021). 

Cecilia Kang, Lawmakers slam Facebook oversight board’s decision to uphold Trump ban, 

The New York Times, May 5th, 2021.

 

May 2: Governments, Policy and Platforms

15:00 – 18:00, University of Haifa, Law Faculty Building 3044 (hybrid access)

  • Zarsky Lecture, Platform Liability and Immunity

Guests:

  • Prof. Eldar Haber – liability and role of platforms for online broadcasted crimes
  • The Platform Panel: Representatives from Twitter, TikTok, Meta (Facebook), Youtube

Readings:

Genevieve Lakier, Informal Government Coercion and The Problem of “Jawboning”Lawfare, July 26, 2021.

Jack M. Balkin, Free Speech is a Triangle, COLUM. L. REV. 2011, 2012 (2018), p. 2012-2014’ 2017-2021, 2023-2029, 2031-2033, 2040-2044, 2012-2015

HCJ 7846/19 Adalah -The Legal Center for Arab Minority Rights in Israel v. Israeli State Attorney – Cyber Unit, Reading, J.  Melcer: para. 4-10, 43-54, 65,

Perry and Zarsky, Liability for Online Anonymous Speech: Comparative and Economic Analyses, 206-208, 211-216, 219-222, 228-231, 235, 237-24, 247-250.

Eldar Haber, The Digital Samaritans, 77 Wash. & Lee L. Rev. 1559 (2020), P. 1561-1562, 1597-1603, 1624-1640.

 

May 3: Platforms and Practice

10:00 – 12:00,  Pearl,Cohen law firm, Tel Aviv, Derech Menachem Begin 121

  • Manderieux Lecture, TRIPS Agreement Security Exception and IPR Enforcement
  • Privacy and Copyright Issues at the Forefront of the Digital Economy
  • On Patents, Standards and Game Theory

Note that ID is required for entry (passport)

12:00 – 13:30 – Lunch break

13:30 – 15:00 – Israeli Privacy Protection Authority

  • Dr. Sunny Kalev, Innovation and Policy,  Development Department, The Israeli Privacy Protection Authority

Readings:

Manderieux-Gagliani – The WTO Saudi Arabia – Protection of IPR Case and Trade-Related Enforcement of IP Rights: Reversing Course, European Intellectual Property Review,  n°2 vol.43-2021, July 2021

 

May 4: Remembrance Day (Yom Hazikaron), No Class

 

May 5: Independence Day (Yom Haaztmaut), No Class

 

May 6: Platforms, Transparency and Governance

9:00 – 13:00, University of Haifa, Law Faculty Building 4046

  • Geist lecture, Platforms and Internet governance
  • Zarsky lecture, Privacy primer
  • Class exercise

Guests:

Aner Rabinovitz, PrivacyTeam: The Global Privacy Officer’s Role in Practice

Readings:

Russia bans Facebook and Instagram under ‘extremism’ law, The Guardian (March 21st, 2022). 

Gerri De Vynck, E.U. sanctions demand Google block Russian state media from search results, WP (March 9th, 2022). 

The article refers to a general official order from theEU banning broadcasting RT and Sputnik:

https://www.consilium.europa.eu/en/press/press-releases/2022/03/02/eu-imposes-sanctions-on-state-owned-outlets-rt-russia-today-and-sputnik-s-broadcasting-in-the-eu/

And a request from EU officials explaining this this refers to posts and search results: 

https://www.lumendatabase.org/notices/26927483#

The Ghosts of the Soviet Union Still Haunts the Internet, WIRED

ICANN Letter to Government of Ukraine, March 2022

 

 

May 7: Shabbat, No Class

 

May 8: Jerusalem

11:00 : Visit to Yad Vashem, World Holocaust Memorial Center (voluntary for Israeli students)

13:30 : Lunch break

15:30: Tour of the Israeli Supreme Court (note that no bags are permitted in the court building)

16:30: Meeting with Justice Alex Stein

Note that ID is required for entry (passport)

May 9:  Travel Day

 

May 10:  Platforms, Privacy and Sports

10:00 – 13:00, class at Bocconi University, Room AS03

  • Welcome from Pietro Sirena, Dean, Bocconi School of Law

Guests:

Maurizio Cohen, Sports Law

  • eSports (general legal and IP aspects: Nintendo – PC Box cases, betting and ambush marketing in Italy);
  • NFT: team brand issues (e.g. Inter + Milan) and athletes’ image rights;
  • Broadcasting of sports events and piracy.

Carmelo Fontana, Senior Regional Counsel, Google

  • AI and platforms

13:00 – Campus tour

Readings:

TBD

 

May 11: Platforms and Data

10:30 – 12:30: class at Bocconi University, Room ASR03

  • Montagnani lecture, Algorithmic Enforcement and Content Moderation in the EU

12:30 – 14:00: Lunch break

14:00 – 16:00 class at Bocconi University, Room AS03

  • Session with Justice Brown
  • Marci Surkes, former Chief Policy Advisor to Canadian Prime Minister Justin Trudeau

17:00 – 18:10: Global Digital Encounter 20 on Standard Essential Patents (Optional)

Registration here

19:00: Reception (optional)

Guests:

Lillà Montagnani, Bocconi University

Supreme Court of Canada Justice Russell Brown

Marci Surkes, former Chief Policy Advisor to Canadian Prime Minister Justin Trudeau

Readings:

Lillà Montagnani, Virtues And Perils Of Algorithmic Enforcement And Content Regulation In The EU – A Toolkit For A Balanced Algorithmic Copyright Enforcement

 

May 12: Technology, Innovation and Sustainable Development Goals

10:00 – 13:00, class at Bocconi University, Room 43

  • 10:00 – 12:00 : Seminar on Technology, Innovation and Sustainable Development Goals

Introduction- Eleanor Spaventa and Nicoletta Corrocher, Università Bocconi

The UN Sustainable Development Goals, and Where do we stand in meeting the objectives? Miriam Allena, Università Bocconi

Technology Law as a support and as a threat to the UN Sustainable Development Goals, Laurent Manderieux, Università Bocconi

Recent Patent Classification Efforts for Sustainable Development Goals, Domenico Golzio, Principal Director, the European Patent Office (EPO), the Hague /Munich

Technological Regimes, Patent Growth, and Catching-up in Green Technologies, Nicoletta Corrocher, ICRIOS, Università Bocconi

Conclusion: Laurent Manderieux and Nicoletta Corrocher

  • 12:00 – 13:00 : Zarsky Lecture, Platforms and Security

14:00 – 17:00 : Group excursion (weather permitting)

Readings:

Penney, Jonathon and Schneier, Bruce, Platforms, Encryption, and the CFAA: The Case of WhatsApp v NSO Group (March 7, 2022). Berkeley Technology Law Journal, Vol. 36, No. 101, 2022 (Forthcoming), Available at SSRN: https://ssrn.com/abstract=4052081

pgs. 102-104 107-110 113-114 119-122 127-130 136-138

May 13: Platforms, Business and IP

11:00 – 14:00, class at Bocconi University, Room AS03

  • Ferrazzini Lecture
  • Geist Lecture, Platforms and the Future of Media
  • Group work

Guests:

Audrey Scozzarro Ferrazzini, Senior Director, Qualcomm, Brussels

Readings:

Europe Matters More Than You Think

 

May 17 – Virtual Student Presentations

Start at 8:00 am (Ottawa), 14:00  (Milan) 15:00 (Israel)

Presentation Order

Hour 1: Privacy

Hour 2: IP

Hour 3: Misinformation

Hour 4: Armed Conflict

 

Zoom link

GROUP ONE – Disinformation

Platforms and disinformation, fake news and (unacceptable) attempts to influence: the information flowing through Internet platforms can potentially have an enormous impact on the public’s opinion. Significant concerns arise regarding the ability to assure the quality of the information provided, and the need, ability and legality of moderating or blocking inaccurate and harmful information. Various regulatory measures are being introduced around the world – but are they acceptable? And are some contexts more important than others? How should we strike a balance between disinformation and freedom of expression? Who should have responsibility for determining what content is removed from platforms?

Asulin
Margolis
Belli
Picciotto
Hennessey
Mercer

GROUP TWO – Armed Conflict

Rozenberg
Reut
Amar
Martini
Garg
Omage
Balaganthan

The platforms’ role in armed conflict: the unfolding conflict in Europe has mostly consisted of kinetic warfare. Yet many efforts involve impacting public opinion as well. Platforms have emerged as important battlefields, and the law as a crucial element in dictating the outcome of these events. The discussion on this topic may turn in various directions: should platforms be considered as a form of critical infrastructure, loss of which may compromise the sustainability of a nation in conflict? Should nations pressure or mandate platforms to block content which might undermine their objective, legally do so, or block the platform altogether? Should platforms be held responsible for the unacceptable speech they carry?

GROUP THREE – Privacy

Platforms and privacy/data protection governance: platforms facilitate the collection, analysis and usage of vast amounts of personal information. They also enable the swift movement of such data over borders. Nations strive to regulate privacy concerns with limited success, and the platforms themselves offer policies, rules and technological tools – yet are these sufficient? Should there be limits on data collection? Are consent-based regimes effective? Have platforms grown too large to effectively be regulated on this issue?

Netanel
Shahaf
Zlil
Serio
Huber
Seval
Mintz

GROUP FOUR – IP

Platforms and IP liability. As platforms are central for the distribution of content, they might be enabling various forms of IP infringement, especially in the context of copyright. The same platforms play a key role in creating new opportunities for digital-first creators and remix creativity. Should IP regulation be carried out through platform regulation? What are the cross-border issues here? Should platforms be considered liable for third-party infringements? If so, what are the downsides of such rules? What do the different approaches taken regarding these issues in different legal regimes tell us about the regimes themselves?

Parson
Perez
D’Adda
Rappetti Sabbione
Gadoni Canaan
Bing