Course Information – January Term 2024 

Introduction

This seminar will analyze the legal challenges posed by the Internet to the traditional commercial legal framework. This survey course will cover a wide range of issues including Internet jurisdiction, online contracting, cross-border data transfers, digital copyright, digital trade, and the regulation of Internet platforms. There are no pre-requisites for this course. Technical knowledge or background is not required.

Course Format

The class will meet daily from 13:00 – 15:50.  Our first two classes (January 4th and 5th) will be conducted online. The remaining classes will be held in person. 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.

Classes will typically include some initial group breakout discussions followed by a full group lecture. Some classes will also feature a guest discussant.

While this page includes the course schedule, please consult the University’s Brightspace course website for links to the course lectures and the password and links for the Zoom classes.

Course Evaluation

Students will have a choice of either taking a 100% final take-home exam or writing a 100% paper on a topic related to the course.

Students who plan to write a 100% paper please discuss as soon as possible with Professor Geist given the short, intensive approach during January term.

Course Schedule (subject to change) [last updated: January 9, 2024]

January 4, 2024 – Introduction to Internet Law and Policy

January 10, 2024 – 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 12, 2024 – Digital Trade

• Leblond, Digital Trade: Is RCEP the WTO’s Future?
• Burri, A WTO Agreement on Electronic Commerce

Podcast

• The Law Bytes Podcast, Episode 42, What Does the Canada-US-Mexico Trade Agreement Mean for Digital Policy?

Guest: Michele Austin, Bell

January 15, 2024 – 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:

• The Law Bytes Podcast, Episode 159: Fenwick McKelvey on the Rapid Spread of Government TikTok Bans

Guest: Steve de Eyre, TikTok

January 16, 2024 – Platform Regulation: Competition

Readings:

• Belloso, The EU Digital Markets Act (DMA): A Competition Hand in a Regulatory Glove
• Search Engine Land, U.S. vs. Google antitrust trial: Everything you need to know

Podcasts:

• The Law Bytes Podcast, Episode 153: Jennifer Quaid on the Competition Bureau’s Appeal of the Rogers-Shaw Merger Decision

Guest: Janette Patel, Google/Youtube

January 22, 2024 – Final Take Home Exam/Paper Due