LAW5162

Cyberlaw ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2006 (Day)

Synopsis: This unit will provide an introduction to the new legal and social issues which have arisen due to the now extensive use of the internet for commerce, education and entertainment. The unit will cover issues such as jurisdiction, electronic contracting, electronic security, content regulation, intellectual property, privacy and will provide sufficient flexibility to examine any new issues as they arise.

Objectives: Students successfully completing this unit should have satisfied the following: (a) To equip the students with a solid understanding of the architecture of the internet and the manner in which it functions. This knowledge will be used as the basis to understanding the difficulties of internet governance and regulation. Students will be introduced to the key bodies that make rules with respect to the structure and use of the internet. Students will also consider the nature of the evolving 'information society' including a consideration of issues related to equity and access; (b) Students will acquire an understanding of the issues related to jurisdiction which affect the resolution of disputes arising out of internet transactions; (c) Students will consider the problems that arise with respect to, and apply the laws relating to, electronic contracting, including consumer protection issues; (d) Students will consider issues arising in respect of electronic security, such as hacking and spam. Legal responses to these problems will be discussed and analysed; (e) Students will acquire knowledge of the basic intellectual property issues that arise in the internet context, including conyright issues and domain names; (f) Students will consider and apply the variety of national and international laws that have been enacted and proposed to deal with issues of online privacy; (g) Students will consider the ethical background to the formation of laws in this area; (h) Students will improve thier skills of legal research and analysis through completion of the research assignment; (i) Students will improve their skills of legal analysis and argument through the completion of the examination; (j) Students will improve their legal analysis, application and argument skills through completion of the weekly reading and participation in class discussion; and (k) Students will acquire an understanding of the international context of these issues and will acquire skills in identifying and analyzing relevant international legal materials.

Assessment: Optional research assignment (32300 words): 40% + Examination (2 hours writing time plus 30 minutes reading and noting time): 60% OR Examination (3 hours plus 30 minutes reading and noting time): 100%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW2200 or LAW2201 and LAW2202; LAW3400 or LAW3401 and LAW3402

Prohibitions: LAW7213