European Information Technology Law

Course Leader: Dr Sadaf Shariat

Home Institution: University of South Wales, United Kingdom

Course pre-requisites: None

Course Overview
The module provides a wide-ranging examination of the legal aspects of Information Technology. The module aims to enable students to develop:
1) A detailed understanding of the technical aspects of the information technology, as well as of the social, cultural and economic aspects of the information society
2) A critical understanding of the legal issues brought about by the rise of the information technology
3) A detailed knowledge of the applicable case law, statutes and regulations, in a national and international perspective, including the ability to critically evaluate their coherence and effectiveness
4) The ability to critically analyse the key differences between traditional law and cyberlaw, identifying potential legal solutions to outstanding IT-related issues
5) The ability to critically evaluate the challenges related to the possible emergence of a global cyberlaw, from the perspectives of constitutional and international law

Learning Outcomes

By the end of this course students should be able to:
1-Demonstrate a detailed understanding of the legal challenges brought about by the rise of the information technology.
2-Critically analyse and apply the theories, case law, statutes and regulations related to the different aspects of the information technology, in a national and international perspective.
3- Develop an awareness of the outstanding legal issues created by new IT-related phenomena, critically discussing possible solutions and approaches.

Course Content
The course covers a wide range of IT-related legal issues including the rise of the information technology and the progressive development of the information society, including social, cultural and economic aspects (e.g. digital goods, ecommerce, etc.).
The nature of cyberlaw, the theoretical approaches to it, the constitutional aspects of the information society, and the possible emergence of a global cyberlaw, from the perspectives of European, and international law. The freedom of expression and its
peculiarities in the context of the information technology: the regulation of hate speech and the admissible restrictions to the freedom of speech. We will review examples of different approaches to these issues (e.g. in the EU, US and other countries) and the difficulty of identifying a harmonized definition of freedom of expression.

Digital defamation (including the issues of publication and republication, jurisdictional matters, the issuing of super injunctions, the liability of online intermediaries, the peculiarities of defamation in the context of user generated content and social media),
harassment, cyberstalking, obscenity and pornography. The protection of personal information and the progressive creation of a new tort of privacy. The data protection rules applicable in the UK and EU context (including the new EU-wide data protection
regime), the use of contractual privacy policies by online intermediaries (including social media platforms), the regulation of specific, IT-related, Issues (e.g. cookies, spam, phishing). The creation and protection of multiple online identities: anonymity, discrimination, and the rights to be remembered and forgotten. Cybercrime and its regulation (hacking, viruses, cracking, denial of service, etc.).

The protection of IT-related intellectual property, including patent and copyright protection for software, and · the regulation of domain names in relation to trade mark law. The protection of intellectual property in the digital environment: copyright (orphan works, hyperlinking, deep linking, browsing and caching, digital goods and copyright, peer-to-peer and file sharing, liability of online intermediaries) and trade mark (brand value, use of trade marks online, advertising, sponsored links, liability of online intermediaries).

Instructional Method
Lecture 21 hours
Seminar 21 hours (including group projects, etc.)
Total 42 hours
Students may need additional reading hours:
Independent Study 80 hours
Directed Study 72 hours

Required Course Materials
Required Learning Materials including PPT slides and further reading materials (journal articles, etc.) will be provided by the lecturer.
Recommended reading:
Websites
http://blog.ericgoldman.org/ (Information Technology Law blog)
http://inforrm.wordpress.com/ (Media Law blog)
http://laurencekaye.typepad.com/laurence_kayes_blog/ (Digital Media Law blog)
https://cyberlaw.stanford.edu/blog (Center for Internet and Society at Stanford)
http://blogs.oii.ox.ac.uk/policy/ (The Policy and Internet blog at Oxford)
http://www.ipkat.com (Intellectual Property Law)
http://cyberlawmonitor.com/ (US)http://privacylawblog.fieldfisher.com/ (US)
http://www.canadiantechnologyiplaw.com/ (Canada)
http://www.iltb.net/ (India)http://germanitlaw.com/ (Germany)
Textbook
Lloyd, Information Technology Law, Oxford University Press
Murray, Information Technology Law, Oxford University Press
Rogers, The Internet and the Law, Palgrave Macmillan Reference textbooks
Bainbridge, Introduction to Information Technology Law, Pearson Education
Bainbridge, Information Technology and Intellectual Property Law, Bloomsbury Professional
Edwards, Law and the Internet, Hart Publishing
Edwards and Waelde (eds.), Law and the Internet, Hart Publishing
Reed, Computer Law, Oxford University Press
Rowland and Kohl, Information Technology Law, Routledge
Savin, EU Internet Law, Edward Elgar
Journals
European Journal of Law and Technology
Journal of Information Law and Technology
Harvard Journal of Law and Technology
Berkeley Technology Law Journal
International Journal of Law and Information Technology

Assessment
1. Oral presentation (Weight: 50%) (Duration: 15 minutes)
2. Essay 50% word count (Weight: 50%) (Word count: 2400 word)