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Table of Contents

Syllabus

University of California at Berkeley, Spring 2014
LAW 276.1 and INFO 235 Cyberlaw
Days and Time Thursday 3:30 p.m. - 6:30 p.m. (3 units)
Location South Hall 210

Instructor: Brian W. Carver (bcarver at ischool dot berkeley dot edu)
207C South Hall
510.643.1469

Office Hours: Thursday 2:30 p.m. - 3:30 p.m. (Sign up at wejoinin)

Course Websites:

Grade and Attendance:

  • Final Paper: 45%
  • Wikipedia Project (40% total)
    • Initial Article(s) (15%)
    • First Peer Review (10%)
    • Second Peer Review (15%)
  • Participation: 15%
Each student will be required to write a paper, due at the end of the term, of approximately 20-35 pages (5,000-8,750 words), on a topic related to those covered during the semester. Each student will also be required to submit an outline of their proposed final paper at least one month prior to the paper due date. The outline will not be separately graded . See schedule below for exact due dates. Everyone should ensure that their paper's format conforms to that described in the Paper Template handout.

Note: JD students (but not LLM students) must write a paper that exceeds 7500 words or 30 pages. This enables the course to receive the "Seminar" designation under the Law School's Grading Rules and Policies which then enables me to award a greater number of HH or H grades than would be permitted under the usual grading rules and policies. Law Students that wish to use this paper for their Writing Requirement must meet additional deadlines that are merely "suggested" for others and which are detailed on the "Paper Schedule" handout.

In recent years an increasing number of law students enrolled in LAW 276.1 have begun requesting to delay completing the requirements for this course, particularly the paper, requesting that they be assigned an IP or "In Progress" grade. I will not assign "IP" grades in this course without confirmation from the Registrar that an unexpected medical or similar situation made completing this course's work on schedule impossible. Even in such cases, the IP grade must be resolved by June 30, 2015.

I encourage you to discuss paper ideas with me. You may also gain some insight into choosing an appropriate topic or how to approach a seminar paper from the following:

News articles, legal opinions, and scholarly articles related to the course topics can also be found on Brian's Wiki. Students may find ideas for paper topics or relevant resources on Brian's Wiki.

Each student will also, alone or in a small group, identify a topic/case/statute/etc. related to those covered during the semester and will edit or create its respective Wikipedia entry so as to improve Wikipedia's coverage of Cyberlaw topics. Topic proposals and, for group projects, an explanation of each group member's responsibilities will be submitted and approved in advance. See schedule below for exact due dates. Each student will also sign up to review and edit the Wikipedia pages edited by two fellow students.

While participation from all students is encouraged in each class meeting, 6-8 students will be "on call" each session and bear primary responsibility for moving the discussion forward in each class meeting. Attendance is expected. If you need to miss all or a portion of a class, I will assume you have a good reason, so you need not detail it for me. If you like, you can simply send me an email letting me know you need to miss, but it is not necessary.

Textbook: Lemley, Menell, Merges, Samuelson, & Carver, Software and Internet Law ("SAIL") (4th ed. 2011); additional readings available online. (This textbook is also used for INFO 237 IP Law for the Information Industries, typically offered each Fall.)

Prerequisites: None; Students from all levels (graduate/undergraduate) and schools on campus are welcome. However, this is a graduate-level course, so interested undergraduates are encouraged to meet with me before enrolling (or before the drop deadline). Undergraduates must meet additional paper deadlines that are merely "suggested" for others and which are detailed on the "Paper Schedule" handout.

Course Description (from the Course Catalog): The emergence of global digital networks, such as the Internet, and digital technologies that enhance human abilities to access, store, manipulate, and transmit vast amounts of information has brought with it a host of new legal issues that lawyers preparing to practice in the 21st century will need to understand and address. Although many are trying to "map" existing legal concepts onto problems arising in cyberspace, it is becoming increasingly evident that this strategy sometimes doesn't work. In some cases, it is necessary to go back to first principles to understand how to accomplish the purposes of existing law in digital networked environments. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, privacy, content control, and the bounds of jurisdiction. Students with familiarity with the Internet and its resources or with backgrounds in some of the substantive fields explored in this course are especially welcome, but there are no formal prerequisites. Grades for the course will be based either on a series of short papers or on a supervised term paper.

Course Goals: We will survey internet and technology law. Students will, for the most part, be introduced to these topics through reading of judicial opinions, law review articles, in-class lectures, and discussions. Students will illustrate their understanding of the material through discussions, writing assignments, and the final paper.

Add/Drop Policy: The university determines the last day to drop without a "W". Check with the Registrar.

Academic Honesty: U.C. Berkeley's Code of Student Conduct prohibits all forms of academic misconduct including but not limited to cheating, fabrication, plagiarism, or facilitating academic dishonesty. See Policy 102.01 at http://www.ucop.edu/ucophome/coordrev/ucpolicies/aos/uc100.html and http://students.berkeley.edu/uga/conductiii-vii.asp#V It is my policy to pursue the discipline of such misconduct, including, but not limited to, the entering of a grade of F in the course and a notation (or equivalent) on the student's transcript of the reason for same.

Resources: http://dictionary.law.com/ Judges and professors use a lot of legal jargon. Here's a way to look it up.

Students with disabilities: Students with disabilities who may need accommodations for any sort of disability are invited to make an appointment to see me.

Special Thanks: to those who previously taught this course, Jason Schultz, Aaron Perzanowski, Fred von Lohmann, and Pamela Samuelson, upon whose work this syllabus is based.


SCHEDULE:

Note: This is a cross-listed course. Unfortunately, the Law School's Academic Calendar does not align with the Academic Calendar of main campus. Law instruction begins Monday January 12th, but instruction begins on main campus on Tuesday, January 20th. Law instruction ends on Tuesday April 28th, but main campus instruction ends Friday, May 8th. This problem of calendar mis-alignment has existed for several years.

We will address this by having everyone enrolled in LAW 276.1 attend a first class meeting on Thursday, January 15th, and everyone enrolled in INFO 235 a final session on Tuesday, April 28th. We will discuss the same material in these two sessions, just at different times. I also welcome LAW 276.1 students to attend the final regularly-scheduled meeting time with the INFO 235 students (for those who do not have conflicting exams).

Jan. 15, Thu. : Online Anonymous Speech and the First Amendment - LAW 276.1 CLASS ONLY


Jan. 22, Thu.: Introduction & Personal Jurisdiction for Online Activities and International Jurisdiction

Introduction

Wikipedia Assignment

Personal Jurisdiction for Online Activities and International Jurisdiction


Jan. 29, Thu.: Personal Jurisdiction for Online Activities and International Jurisdiction

Wikipedia Assignment

Personal Jurisdiction for Online Activities and International Jurisdiction

Optional Readings: Personal Jurisdiction for Online Activities and International Jurisdiction


Feb. 5, Thu.: Indecent Speech and Censorship on the Internet & Immunity for Internet Intermediaries

Wikipedia Assignment

  • Wikipedia Project Proposals Due: Sign up for an initial article on our course page.
  • Begin compiling a bibliography and studying the sources for your Wikipedia article. (Consider using your Wikipedia userspace to compile this list.)

Indecent Speech and Censorship on the Internet

Indecent Speech and Censorship on the Internet

  • Nitke v. Gonzales, 413 F. Supp. 2d 262 (S.D.N.Y. 2005). SAIL 735-741.
  • United States v. Kilbride, Nos. 07-10528 & 07-10534 (9th Cir. Oct. 28, 2009) (read only up to section II. B, i.e., pages 1-23). SAIL 741-751.

Feb. 12, Thu.: Immunity for Internet Intermediaries & Liability for Distributing Information Obtained by Others

Wikipedia & Paper Assignment

  • Wikipedia article bibliography due.
  • Paper bibliography due for undergraduates and Law School Writing Requirement.

Immunity for Internet Intermediaries

Immunity for Internet Intermediaries & Liability


Feb. 19, Thu.: Liability for Distributing Information Obtained by Others

Wikipedia Assignment

  • Wikipedia article outline due.
  • Everyone should have signed up to Review others' Wikipedia Projects by now.

Liability for Distributing Information Obtained by Others

Liability for Distributing Information Obtained by Others


Feb. 26, Thu.: Liability for Distributing Information Obtained by Others & Copyright Liability for Internet Intermediaries

Wikipedia & Paper Assignment

  • Continue revising and improving Wikipedia article.
  • Paper outline due for undergraduates and Law School Writing Requirement

Liability for Distributing Information Obtained by Others

Copyright Liability for Internet Intermediaries


Mar. 5, Thu.: Copyright Liability for Internet Intermediaries & Digital Rights Management and Anti-circumvention

Wikipedia Assignment

  • Wikipedia Articles Due

Copyright Liability for Internet Intermediaries

Digital Rights Management and Anti-circumvention

Optional free event after class


Mar. 12, Thu.: Fourth Amendment as Applied to Digital Privacy

Wikipedia Assignment

  • Wikipedia First Reviews and DYK Nomination Complete - Use this "survey" to report on your work as a first reviewer.

Fourth Amendment as Applied to Digital Privacy


Mar. 18, Wed.: CANCELED: OPTIONAL Class Field Trip to the Ninth Circuit

  • NOTE: The 9th Circuit has canceled this argument, moving it to Pasadena in April.
  • 2:30pm Oral Argument in rehearing of Jane Doe #14 v. Internet Brands, dba Modelmayhem.com
    • 95 7th St, San Francisco, CA 94103 (exit Civic Center BART)
    • Must bring picture ID and go through security to enter federal courthouse.

Mar. 19, Thu.: Network Neutrality

Wikipedia Assignment

  • Continue working on Wikipedia Project Second Reviews

Net Neutrality


Mar. 26, Thu.: NO CLASS Spring Break

  • SPRING BREAK NO CLASS

Apr. 2, Thu.: Fifth Amendment and Encryption & Statutory and Common Law Claims to Protect Online Privacy

Wikipedia Assignment

  • Wikipedia Project Second Reviews and Edits Due
  • When you complete your second review, please add the article you worked on as a second reviewer to Brian's Wikipedia User page in the appropriate chart and increment the relevant counters that count the number of articles.

Fifth Amendment and Encryption

Statutory and Common Law Claims to Protect Online Privacy


Apr. 9, Thu.: Statutory and Common Law Claims to Protect Online Privacy & Civil and Criminal Hacking (The Computer Fraud and Abuse Act)

Civil and Criminal Hacking (The Computer Fraud and Abuse Act)


Apr. 16, Thu.: Civil and Criminal Hacking (The Computer Fraud and Abuse Act) & Privacy, National Security, and Global Surveillance

Paper Assignment

  • Paper Outlines Due
  • Paper Draft for Comments Due for undergraduates and Law School Writing Requirement
  • LAW 276.1 students please do online course evaluations

Civil and Criminal Hacking (The Computer Fraud and Abuse Act)

Optional Video: Video of En Banc Oral Argument in United States v. Nosal

Privacy, National Security, and Global Surveillance


Apr. 23, Thu.: Privacy, National Security, and Global Surveillance & Virtual Property

Virtual Property


Apr. 28, Tue. : Online Anonymous Speech and the First Amendment (ONLY INFO 235 meets; Room 205)


Apr. 30, Thu. : No Class


May 7, Thu. : RRR Week (NO CLASS)

  • NO CLASS
  • Brian will be available during regularly-scheduled class time to meet individually with students that would like to discuss their paper.

May 14, Thu. : LAW 276.1 PAPERS DUE (NO CLASS)

LAW 276.1 Papers due by 11:59:59 p.m.


May 15, Fri.: INFO 235 PAPERS DUE

INFO 235 Papers due by 11:59:59 p.m.