INTERNET REGULATION IN THE
Professor Joel R. Reidenberg
Email: < firstname.lastname@example.org
Web page: < http://reidenberg.home.sprynet.com
- Course description
This course will
present an overview of key regulatory challenges that the Internet poses for
the global information economy. The course will emphasize topics that are
the focus of current litigation, legislative initiative or regulatory action.
These include methods of regulating the Internet, issues of territorial jurisdiction,
the protection of intellectual property, the protection of personal data,
and the imposition of civil and criminal liability for Internet activity.
In addition to the pratical elements, the course will explore the unique
intedependence of the emerging legal and technological rules for the regulation
of Internet activities. While the focus of the course will be on law and
policies developed in the United States, there will be an important comparative
examination with European and French law.
- Course Materials
The basic readings for
the course will be made available through this web page as the course progresses.
Supplemental readings will be circulated by email. Students are strongly
encouraged to subscribe to a cyberlaw news list. One excellent
list is Professor Michael Geist's Internet Law News. Registration
for a free subscription is available at http://ecommercecenter.bna.com/.
Juriscom.net also offers a free newsletter (in French) and you can subscribe
by email .
- Class Meetings
Class will meet on Tuesdays from 9:15 am to 12:15pm at Sciences Po in Salle
- Class Participation and Preparation
All students are expected
to prepare in advance for class and to participate in class discussions.
In the event that any of the links to course reading become outdated, students
should either inform the instructor or find an alternate path to the same
Because the Internet
often faces traffic slowdowns and the servers storing class readings may have
occasional problems, students should plan to access course readings well
in advance of class.
- Written Assignments and Grading
Each student will complete
two writing exercises for course credit. For the first exercise, each
student will research the important counterparts in French or European law
for the material assigned for a selected syllabus topic. Students will
choose their topic at the end of the first class. The results must
be presented in an email message (without attachments) that (1) provides a
working URL for each document, (2) gives a summary of the French or European
legal materials and (3) explains the similarities or differences between syllabus
the readings and the research results-- the explanation should include an
analysis of the reasoning behind the legal rules in each legal system.
This report should be the equivalent of 2-4 single spaced single space pages.
This email must be sent no later than 18H on the Thursday before class discussion
of the syllabus topic. Each student's exercise results will be
circulated to the class for their preparation of the topic's discussion.
Students may work collectively on research, but must prepare written submissions
The second exercise will
be a short in-class essay at the end of the semester related to the assigned
Grades will be based on
the written exercises and class participation.
- Virtual Office Hours and Appointments
I am regularly available
by email <email@example.com
> and generally available for appointments, preferably before or after
- Course Readings
This introduction will present
the outline of the course and explore the basic composition of the Internet
and some of the organizations involved in designing the infrastructure.
The subsequent course readings are grouped around three themes: (I) Network
Rule-Making; (II) Information Flows; and (III) E-commerce. Each class
session will address topics within these themes. The readings for each
theme and topic are indicated below. During the course of the
semester, some of the reading assignments may be prospectively modified.
PART I: NETWORK RULE-MAKING
The first part of the course will focus on the sources of rules and rule-making
for network activity. The topics emphasize the technology and the relationship
between technology and rule-making authority.
Topic 1: Sources of Regulation (Nov. 18)
This unit will examine sources and theories of regulation for Internet
White House, Framework for Global
Electronic Commerce (July 1, 1997)
IETF, The TAO of IETF
June 18, 2001
Michael Geist, Cyberlaw
2.0 , B.C. L. Rev. 324 (2003)
Joel R. Reidenberg, Lex Informatica:
The Formulation of Information Policy Rules through Technology, 76 Texas
L. Rev. 553 (1998)
Lawrence Lessig, Foreword: Conference
on Internet Privacy 52 Stanford Law Review 987 (2000)
Lawrence Lessig, Code is Law,
On liberty in Cyberspace , Harvard Magazine, January-February 2000
Joel R. Reidenberg, Governing
Networks and Rule-Making in Cyberspace , 45 Emory L. J. 912 (1996)
Michael Froomkin, The Internet
as a Source of Regulatory Arbitrage in Borders in Cyberspace (Brian Kahin
and Charles Nesson, eds.) (MIT
Topic 2: Jurisdictional Conflicts (Nov. 25)
This unit will review the emerging principles of jurisdiction for activities
on cross-border networks.
The second part of the course will study the regulation of information flows
on the Internet. The readings will focus on the allocation of the rights
to control information access, dissemination and use.
PART II: INFORMATION FLOWS
Topic 1: Intellectual Property (Dec. 2)
v. Arribasoft , 336 F.3d 811 (9th Cir, July 7, 2003)
M Records, Inc. v. Napster, Inc., US Court of Appeals, 9th Cir., Docket
#00-16401 (Feb. 12, 2001) (skip Parts II; VI; VII(A))
In re Aimster
Copyright Litigation , 334 F.3d 643 (7th Cir., 2003)
Gnutella News, What
is Gnutella? (2001) (read entire page)
Jefferson Graham, Privacy
vs. Internet Piracy , USA Today, June 11, 2003
Verizon, RIAA v.
Internet Services-- It's about privacy- not piracy
News Memo Debunking Myths Raised By Verizon In Court
Joel R. Reidenberg, Ecommerce
and Trans-Atlantic Privacy , 38 HOUSTON L. REV. 717 (2001)
Last modified: Jan. 19, 2004
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Topic 4: Intermediary Liability (Jan. 6)
General, Press Release:
Ten Banks End Online Gambling with Credit Cards (Feb. 11, 2003)
PART III: E-COMMERCE
The last part of the course will focus on specific legal issues related
Topic 1: Electronic Contracting (Jan. 13)
Topic 2: Spam (Jan. 20)