CYBERSPACE LAW
Law 391Z -- Fall Semester, 2000
Professor Camille Chin
INTRODUCTION:
The Cyberspace Law course will introduce students to the challenges faced by law makers seeking to apply existing legal frameworks to the Internet. This course will explore the diverse legal issues evoked by topics such as: Cyberspace Governance; Encryption and Security; The First Amendment; Electronic Commerce; Copyright Infringement, Cyber Crimes; Intellectual Property; The Digital Divide; and the impact of the Internet on the practice of law.
COURSE MATERIALS:
Course materials will be posted on the course website, and reserved in the copy center if you wish to purchase them.
GENERAL INFORMATION:
You can contact me at 293-6838. If you get my voice mail, leave a number, state the reason for the call, and the best time to return your call. You can also send e-mail messages to me at mailto:cchin@wvu.edu
My website address is - http://www.wvu.edu/~lawfac/cchin
Class announcements and other relevant information about the course will be posted on the website, on the bulletin board or on the board outside Room #210. My secretary, Tara George-Jones, is located in Room #210; her phone number is 293-7776.
Don't hesitate to make an appointment with me to discuss questions or comments about the course. However, I suggest that you schedule office appointments in advance to avoid scheduling conflicts with other students.
I cannot stress strongly enough how important it is to come and see me early in the semester if you think you need help understanding something. If you are doing the reading but still feel lost or confused, please do not wait until the last three weeks of class. I can help. But not at the last minute
----------SEATING CHART:
You will have the opportunity to choose your seat for the rest of the semester during the second class session when the seating chart will be distributed for your signatures. It may take some time for me to learn all of your names so it is important that you sit in the seat you have chosen on the seating chart.
ATTENDANCE AND LATENESS:
Attendance is mandatory, and will be taken daily. It is your responsibility to sign the class roster when it is circulated at the beginning of each class. Please remember that the Code of Conduct is in effect when you sign the class roster and represent that you are present for class. Absences, latenesses, and early departures/mid-session departures will be dealt with on a case-by-case basis. It's rude and distracting for students to leave the room (i.e., for a break, etc.) during class. Each lateness or mid-session exit will count as half an absence. Excessive absences, latenesses, mid-session exits or any undue conduct in the classroom may result in administrative removal of the offending student from the course or in a reduction of his/her grade.
Lateness is unprofessional, disruptive, and most of all, distracting, both to other students and the professor. You should be in your seat and ready to begin work when class starts. However, I am willing to be flexible about allowing late arrival or early departure for good cause, such as a doctor's appointment, childcare problem or job interview, provided the good cause is brought to my attention beforehand. So, if you will be unavoidably detained for legitimate reasons, please let me know ahead of time, and take your assigned seat when you come in or if you are unavoidably detained because of an emergency (e.g., a traffic accident), you may also take your assigned seat and inform me after class. It is your responsibility to be aware of any communications from me – announcements, e-mails, website/bulletin board postings, or handouts; if you are absent from class or late, check with your classmates for any communications or assignments that you may have missed.
You will be ineligible to take the final exam and will be dropped from the class if you miss more than four (4) classes without legitimate excuses (e.g., emergency, personal illness or family member's illness). The four absences can be any combination of actual absences, latenesses or mid-session exits. It is also your responsibility to keep track of your absences, latenesses, and mid-session exits during the semester.
CLASS PARTICIPATION:
Class time is the only time that we have to work together on the course material, so it is extremely important that you be prepared for class on a consistent basis. Class works best and is far more enjoyable when as many people as possible get involved and participate on any particular day, especially when we discuss the Practice Exercises and Review Problems assigned below. I would do you a great disservice if I did not challenge you to think in class; therefore, if no one volunteers to answer a question, I will call upon students at random.
Minimum Participation (20% of the overall grade). Each student will be required to participate in class discussion in order to meet minimum participation requirements. Each student must sign up at least three (3) times. Minimum class participation requires that you sign-up to participate in the discussion during an upcoming class, using forms that I will bring to class every week; up to nine volunteers will be chosen for each class session. Signing up should be done during the entire semester. Students may not sign up more than once every three weeks. The advantages of this system are that you know you are "on call," you will know the material that we will be covering, and it only happens a few times during the semester. Students who sign-up, are called upon, and answer correctly/prepare adequately, will get a participation credit; if they are unprepared, they will suffer an automatic deduction. You may raise your hand and offer to answer questions at any time, and, if you get them right, you will receive a credit for class participation. Outrageously bad class participation (i.e., disrupting class by talking or other disruptive behavior, or disturbing the class by acting in an offensive manner) can lower your course grade.
Quality of Participation. I will consider the quality of student participation and conduct to further adjust final grades, as I deem appropriate. As long as you show that you have read the material and have made a good faith effort to understand it, you have satisfied the preparedness requirement for each class. In general, it will be to your advantage to volunteer, and not to your advantage to pretend to be prepared when you are called on. If you found the material difficult to understand, or think that you will have trouble answering questions about it, say so, and we will try to work through the material together. I urge you to participate in every class and to share any relevant insights regarding the material, so do not hesitate to ask for clarification in class. Good questions and comments generate better class discussions.
COVERAGE OF MATERIAL:
Assignments will be organized by topic, rather than by class session. It is possible that we may move more slowly in the beginning of the semester or at various times during the semester depending on the learning curve of the class. We may discuss several topics in a single session, or a complicated subject may be discussed over several sessions. The course outline is subject to change, as needed, during the course of this semester; I may edit and perhaps even skip a few topics.
GRADING:
- Class participation will count for 20% of the overall grade, as outlined above;
- The final examination for this course will be a group project. Details will be discussed in class.
EDUCATIONAL EQUITY:
West Virginia University is committed to educational equity. WVU does not discriminate based on race, sex, age, disability, veteran status, religion, sexual orientation, color or national origin. I concur with this commitment and expect to maintain a positive learning environment based upon open communication, mutual respect, and non-discrimination.
SYLLABUS:
A general course outline is attached; specific reading assignments will be announced in class and posted on the course website.
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CYBERSPACE COURSE OUTLINE
- Introduction: What is the Internet?
- History
- Technical Underpinnings
- Cyber Culture
- The Digital Divide
- Cyberspace Governance, Jurisdiction and Conflicts of Law
- Privacy and the First Amendment vs. Cyber Crimes and Law Enforcement
- Identity: (Anonymity and Pseudonymity), Anonymous Re-mailers
- Electronic Communications Privacy Act
- Digital Signatures
- Cookies
- Free Speech and Censorship: Political Speech, Hate Speech, Harmful / Illegal Speech
- Obscenity and Communications Decency Act (CDA)
- Defamation Liability
- Encryption and Security: Personal Security vs. National Security
- Electronic Evidence (Carnivore / DIRT)
- Money Laundering and Anonymous Payment Systems
- Viruses or Automated Attack Programs (i.e., Melissa and "I Love You" Bug)
- Hacking
- Property in Cyberspace: Trademark Law and Copyright Law
- Copyright Law: Infringement, Fair Use and Privacy (Napster)
- Domain Names and Trademarks
- Linking, Caching and Framing
- Trespassing in the Digital Age
- Electronic Commerce
- Electronic Commerce and the Dormant Commerce Clause
- Digital Cash / Payment Systems
- Cyber Shopping and Consumer Privacy
- Internet Gambling
- Lawyering and the Internet
- The Impact of the Internet on Law Practice
- Attorney-Client Privilege and E-mail
- Malpractice