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OII Law and the Internet

OII Law and the Internet

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Published by Agyeeta Pasaribu

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Published by: Agyeeta Pasaribu on Oct 07, 2013
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10/07/2013

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Teaching Arrangements
The course will be taught during Hilary term in eight weekly classes, each consisting of a shortlecture, class discussions, and occasional group exercises. All classes will take place in the seminar room at 1 St Giles.
 Assessment
For the purposes of formal assessment all students will be required to produce one 5000 words essaywhich must be submitted to the Examinations School by 12 noon of Monday of Week 1 of TrinityTerm. The essay topics will be agreed with the course tutor and relate closely to the topics covered.There will be no final examination.
Submission of Assignments
 All coursework should be submitted in person to the Examinations School by the stated deadline. Allcoursework should be put in an envelope and must be addressed to ‘The Chairman of Examiners for the MSc in Social Science of the Internet C/o The Clerk of Examination Schools, High Street.Students should also ensure they add the OII coversheet at the top of the coursework and that
two
 copies of the coursework are submitted. An electronic copy will also need to be submitted to thedepartment. Please note that all coursework will be marked anonymously and therefore only your candidate number is required on the coversheet.Please note that work submitted after the deadline will be processed in the standard manner and, inaddition, the late submission will be reported to the Proctors' Office. If a student is concerned that theywill not meet the deadline they must contact their college office or examinations school for advice. For further information on submission of assessments to the examinations school please refer tohttp://www.admin.ox.ac.uk/schools/oxonly/submissions/index.shtml. For details on the regulations for late and non-submissions please refer to the Proctors website athttp://www.admin.ox.ac.uk/proctors/info/pam/section9.shtml. Any student failing this assessment will need to follow the rules set out in the OII
ExaminingConventions
regarding re-submitting failed work.
Formative Assessment
Students will be required to write one short (advised length: 3000 words) essay on any of the 8 topicscovered. This essay will provide a means for students to obtain feedback on the progress they haveachieved.
Topics
1. Law and the Internet How Cyberspace Challenges the Legal System2. Rights Challenge: Intellectual Property in Cyberspace3. Rights Challenge: Information Privacy4. Rights Challenge: Information Control beyond Rights?5. Process Challenge: A Wave of Transactions / Welcome Mr Coase!6. Process Challenge: Dispute Resolution, the Courts and Access to Justice7. Structural Challenge: Who Governs How?8. Structural Challenge: Is Code Law?
Key to Readings
 
 A reading list is given below for each class. Those items marked with an asterisk (*) are essentialreading and MUST be read by all students in preparation for the class. Items that are not marked withan asterisk are additional readings that need only be consulted in the preparation for essays.
 
Week 1: Law and the Internet – How Cyberspace Challenges the Legal System
In the late 1990s, legal academics had a passionate debate about whether a "law of the Internet"made any more sense than a "law of the horse." Others argued as to whether conventional laws wereinapplicable or irrelevant in cyberspace or whether this was a further fallacy. More than a decadelater, many of these early questions remain fundamentally unanswered, despite the fact that theInternet has pervaded many areas of our lives, transforming (to a greater or lesser extent) social andeconomic practices from e-commerce and copyright to online dating, democracy and the practice of law. This first session will give an overview of the course and the field and shed light on thefundamental question of this course: how does the Internet challenge the existing legal system?* Mayer-Schönberger,Viktor Donahue, J. D. and Nye, J. D. (Eds). 2001.
Governance amid Bigger,Better Markets
. Washington, DC: Brookings.
 
Information Law amid Bigger, Better Markets,
pp. 266* Easterbrook, Frank H. “Cyberspace and the Law of the Horse.” 1996.
University of Chicago LegalForum
: 207.* Johnson, David R.Post, David G.“The Rise of Law in Cyberspace.” 1996.
Stanford Law Review
, 48: 1367.
Week 2: Rights Challenge: Intellectual Property in Cyberspace
Intellectual property has been a major battleground in Internet law. This is hardly surprising given therise in importance (and commercial value) of information through global digital networks, as well asthe potential of digital tools to acquire, process, store, and disseminate digital information quickly andcheaply. In this session we take a hard look at the law and economics of copyright, how copyright lawhas been shaping the Internet landscape, and how the recent development of copyright law itself hasbeen influenced by the digital revolution.* Landes, William M.Posner, Richard A.
The Economic Structure of Intellectual Property Law
. 2003. Cambridge,MA: Harvard University Press.
 
pp. 37-70
* Mayer-Schönberger,Viktor “In Search of the Story: Narratives of Intellectual Property.” 2005.
VirginiaJournal of Law and Technology
, 10(11): 1-19.
Week 3: Rights Challenge: Information Privacy
Since Scott McNealy, then CEO of Sun Microsystems, declared in 1999: “You have zero privacyanyway. Get over it!”, there has been a huge increase in levels of interest in this subject not just onthe part of regulators but also by ordinary Internet users concerned at how their personal informationmight be used by businesses and governments. Notwithstanding the apparent readiness of hundredsof millions of people to share often quite intimate information in online environments (for example, onsocial networking sites), privacy concerns, and specific issues such as data breaches and identitytheft, are rarely out of the news.

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