Course Information – January Term 2025
Introduction
This seminar will analyze the legal challenges posed by the Internet to the traditional commercial legal framework. Topics include online contracts, digital signatures, intellectual property, taxation, privacy, platform regulation, broadcasting, trade, and the emerging rules on artificial intelligence. This course will adopt a comparative, global perspective with an emphasis on Canadian developments.
The course will feature a mix of lectures, classroom discussion, breakout exercises, and guest lecturers including regulators, politicians, representatives of Internet companies, and civil society advocates. Class materials will be open access and may include readings, podcasts, and other multimedia materials.
See below for more information on course evaluation, including a paper component that would benefit from advance work during the fall term.
Course Format
The class will meet daily from 13:00 – 15:50. In advance of the class, students will be expected to prepare by reading some light readings and listen to an applicable podcast. All materials will be freely available online. There is no text to purchase.
While this page includes the course schedule, please consult the University’s Brightspace course website for links to the course lectures.
Course Evaluation
The [updated] course evaluation includes:
1. 20% participation grade based on submissions of advance questions for guest speakers.
2. 80% paper. Given the short, intensive approach during January term, it is expected that those writing a paper will have conducted some research or other work prior to the start of the January term. Students are advised to reach out to Professor Geist to discuss.
Course Schedule (subject to change) [last updated: January 15, 2025]
January 6, 2025 – Introduction to Internet Law and Policy
Podcast
January 7, 2025 – Jurisdiction – Which Law Applies Online? (and may include some Internet governance discussion)
Readings
Podcast
January 8, 2025 – E-commerce Regulation – What Does It Mean When You Click I Agree
Readings
- UNCITRAL Model Law on Electronic Commerce (just familiarize)
- Douez v. Facebook
- Uber Technologies v. Heller
Podcast
Guest: Jacob Glick, Amazon
January 9, 2025 – Internet Governance
Readings
Podcast
Guest: Michele Austin, Bell
Readings:
- Geist, A Reality Check on the Online News Act: Why Bill C-18 Has Been a Total Policy Disaster
- Geist, Is Meta Offside the Online News Act? The CRTC Wants to Know
Podcasts:
January 13, 2025 – Cross-Border Data Transfers and Data Localization
Readings
- Scassa, Data Ownership
- Office of the Privacy Commissioner of Canada, Appendix 3: Cross-border Data Flows and Transfers for Processing – Jurisdictional Analysis
- Submission of the Office of the Privacy Commissioner of Canada on Bill C-27, the Digital Charter Implementation Act, 2022
January 14, 2025 – Digital Trade and the Digital Services Tax
- Leblond, Digital Trade: Is RCEP the WTO’s Future?
- Joint Statement on Electronic Commerce, July 2024
- Geist, Making Sense of the Digital Tax Debate
Podcast
- The Law Bytes Podcast, Episode 216, Game Changer or More of the Same?: Patrick Leblond on the New Global E-commerce Agreement
- The Law Bytes Podcast, Episode 210, Meredith Lilly on the Trade Risks Behind Canada’s Digital Services Tax and Mandated Streaming Payments
Guest: Senator Paula Simons
January 15, 2025 – Platform Regulation: Content
Readings:
- Keller, Build Your Own Intermediary Liability Law: A Kit for Policy Wonks of All Ages
- Kosseff, A User’s Guide to Section 230, and a Legislator’s Guide to Amending It (Or Not)
- Nunziata, The Digital Services Act and the Brussels Effect on Platform Content Moderation
Podcasts:
Guest: Chantal Bernier, Dentons
January 16, 2025 – Platform Regulation
Podcasts:
Guest: Steve de Eyre, TikTok
Guest: Professor Cintia Rosa Pereira de Lima, Ribeirao Preto Faculty of Law, Sao Paolo, Brazil
January 17, 2025 – Platform Regulation: Streamers
Readings:
- Geist, The Bill C-11 Compromise That Never Came
- Geist, How the Online Streaming Act Misdiagnosed Canada’s Broadcasting Woes
- CRTC Broadcasting Regulatory Policy 2024-121
Podcasts:
- The Law Bytes Podcast, Episode 205, Len St-Aubin on What the CRTC’s Internet Streaming Ruling Means for Creators, Competition and Consumer Costs
- The Law Bytes Podcast, Episode 208, Will Page on Why the CRTC’s Bill C-11 Ruling is Discriminatory and May Ultimately Hurt the Canadian Music Market
Guest: Jeanette Patel, Google
January 21, 2025 – AI Regulation
Readings:
- Scassa, AIDA Evolving: A Consideration of Proposed Amendments to Canada’s Bill to Enact an AI and Data Act
- Wachter, Limitations and Loopholes in the EU AI Act and AI Liability Directives: What This Means for the European Union, the United States, and Beyond
- Craig, AI and Copyright
Podcasts:
- The Law Bytes Podcast, Episode 222, Robert Diab on Canadian Media’s Copyright Lawsuit Against OpenAI
Guest: Morghan Fortier, Skyship Entertainment
January 23, 2025 – Final Paper Due