University of Maine

SIE 525 INFORMATION SYSTEMS LAW

Fall 2008

11:00 - 12:15 Tues & Thurs, Room 326 Boardman Hall

Instructor:  Professor Harlan J. Onsrud

onsrud@spatial.maine.edu

Course Objectives

This course reviews the current status of information systems law in regard to rights of privacy, freedom of information, confidentiality, work product protection, copyright, security, legal liability, and a range of additional legal and information policy topics. We will investigate the legal difficulties that technological innovations are causing in all of these areas. We will focus particularly on these issues in regard to their impact on the use of digital data work products and databases. Legal options for dealing with the conflicts caused by technological change and likely adaptations of the law over time in response to societal changes will be explored.

Course Materials

Note that this is a graduate course in information systems law and ethical issues for non-law students. The typical enrolled student is pursuing a graduate degree in engineering, information systems, or computer science. As such, substantial time is spent on introductory legal concepts. Further, we will focus on overview books for most of the readings rather than use the text of case law or legislation. (For materials appropriate for a law school course, see for instance, Jessica Littman's Index to Cyberlaw Courses. See also the Lecture Archive at Information Technology and Public Policy from the University of Washington and Berkeley.)

Required readings include several books.  The reading assignments are much heavier than experienced normally in engineering or science courses so you should begin them immediately and pace yourself to ensure their completion.  The required books should be available through the university bookstore.  Most are also readily available by ordering them from online sources but if a book has to be back ordered I highly recommend that you acquire it instead at the bookstore so you have it when you need it.

Course lectures will NOT correspond exactly with the readings.  Additional reading materials will be made available and linked from the web syllabus over time.  Geographic data conflict examples are often used in this course to illustrate principles.

Communications

All enrolled students must have a FirstClass mail account.  Delivery of assignments, exams, and written communications among the class as a group will occur through use of this system. All students should read and adhere to the Self Study Lecture Considerations described below. Some of the lectures may need to be viewed using the video technologies described. 

Notes Concerning First Class:  If you prefer using another e-mail address, you can set FirstClass to forward any e-mails arriving on your FirstClass account to your standard e-mail address (or vice versa.) All assignments and exams will be delivered by electronic mail by you to a FirstClass assignment folder. Please note that messages may be sent from anywhere on the Internet to the rest of the class by sending a message to SIE525@umit.maine.edu If spam becomes a problem, this mode of delivery may be eliminated.

Important Disability Notice

Copyright Notice for Materials Accessible through this Website

Introductory materials are available for those students interested in GIS Law issues.

Term Paper Instructions

Book Review Instructions

Office  Hours

I am in the office most days and you are welcome to drop by or call at any time although appointments are sometimes better for longer discussions. E-mail to onsrud@spatial.maine.edu is the simplest way to get a message through and a response. Another way to get help is to post your question to other students in the course in the SIE525 folder on FirstClass.

Approximate Schedule of Lectures

*

Book 1. Cyberlaw Text and Cases

     Ferrera, Lichtenstein, Reder, August and Schiano (2004)
 

Book 2.  Cyberethics: Morality and Law in Cyberspace 

     Richard Spinello (2002)

Book 3.  Bound by Law? Aoki, Boyle and Jenkins (2006)

Class Process and Assignments

1. Post Your Regular Reponses on FirstClass: Each module assignment below requires each student to respond to all of the questions posed and post the responses in the FirstClass Assignment folder by the date and time indicated. That is, posting is required prior to the class period in which the material will be discussed. Label each and every posting with your last name followed by the module number (e.g. Smith – Module A). Within your submission repeat the question before providing your response for each question (e.g. A1, A2, etc.)

Be concise and use complete sentences. A hundred-words in one or two paragraphs as a response to a question will often be adequate. In other instances a half page may be more appropriate. You will be able to see compiled responses from all students posted by the instructor on the morning of the days when we meet.

2. Moderator Responsibilities: Each student or pair of students is assigned to moderate the class discussion for one or more modules. You should read all of your peers’ responses prior to class and be familiar with them. You may be given anywhere from 0 minutes to 90 minutes to discuss the questions depending on other ground to be covered during the class period. As moderator your role is not to give a lecture on what you or other people have stated in their written responses but to engage the class in a discussion of their responses and affiliated issues raised in the readings. You may have time to call on two or three classmates to discuss their responses but certainly not all others. Be ready to ask further questions of your peers on the material if the discussion lags. Editor Responsibilities: After your moderator session you will summarize in writing the discussion of the module. Each editor will publish a short summary (n o more than one page or 500 words per question, whichever is shorter) that describes the essence of our class findings and conclusions for each question. This summary should address issues raised in the initial student written responses as well as the in-class discussion. I highly recommend that you prepare this summary immediately after the session you moderate. If you have a co-editor you may work together or split up the questions. The summaries are due on December 9 so that these summaries may be used to review the course during our last class session. Post your class summary as follows: <your last name> - SUMMARY OF MODULE X.

3. Submitting Your Journal: Your journal consists of the compilation of all your module assignment responses prepared and submitted throughout the semester. I suggest that you keep a running Word, rtf, or similar document adding on your submissions as we proceed through the semester. Responses to all modules must be included in the Journal even if you miss responding on time for a specific class due to illness or otherwise. You may want to review and edit your journal entries prior to final submission but no module response should exceed 500 words or a single page, whichever is shorter. The journal is due on December 9 and should be posted as follows: <your last name> - SIE 525 COURSE JOURNAL

Module Assignments

Module A – Introduction
Moderator/Editor: Onsrud
The critical questions for Module A are:
A-1 After reviewing the syllabus and considering your own career aspirations, which information systems law issue do you think is most critical for you to understand thoroughly by the end of the course?
A-2 Which question or issue related to the readings or discussions so far would you most like to raise and discuss with the rest of the class?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module B – Liability
Moderator/Editor: Onsrud
The critical questions for Module B are:
B-1 Considering the article on Liability in the Use of GIS, how can you best minimize your liability exposure in the future in your delivery of information software, products and services to others?
B-2 Under what circumstances should you be held responsible for damages to others if they are led astray by inaccurate or incomplete digital information that you provided?

B-3 Which question or issue related to the readings would you most like to raise and discuss with the rest of the class?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module C – Jurisdiction
Moderator/Editor: Onsrud
The critical questions for Module C are:
C-1 Considering all the Jurisdiction readings, what is the approach that the legal system should support for gaining jurisdiction over those who may have harmed you from a distance over the Internet?
C-2 According to Lessig, what are the core methods for regulating the Internet? What does Spinello argue that should be additionally used to guide and control the net?
C-3 Which question or issue related to the readings would you most like to raise and discuss with the rest of the class? What do you suggest for resolving the question or issue?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module D – Intellectual Property Basics (Trademarks and Tradesecrets)
Moderator/Editor: James Galipeau
Read Chapters 3 and 5 of Book 1. As a review and another perspective, view the six-minute video on Intellectual Property Explained found at http://www.redhat.com/magazine/007may05/features/ip/ This video briefly explains the primary differences between the protections offered by trademark, copyright, patent and trade secret. Similarly read "Intellectual Property: The Basics" by Chris Caseiro.
The critical questions for Module D are:
D-1 Discuss one or more things you learned or thought was interesting.
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module E – Copyright
Moderator/Editor: Dara McIntire
Consider Book 1 Chapter 4, and Book 2 Chapter 4 which both address the issue of copyright.
The critical questions for Module E are:
E-1 What ownership assumptions should one make when copying material off of the Internet? Do the assumptions of the law comport with what studies show or what you think are efficient for the economy and the well being of society generally?
E-2 Which question or issue related to the readings would you most like to raise and discuss with the rest of the class? Your perspective in responding to this issue?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module F – Future of Film
Moderator/Editor: Kate Cuddy
The critical questions for Module G are:
G-1 Numerous graphics and photos were used in this comic book without asking permission of authors or publishers of the original works. Is this legal? Is this ethical?
G-2 What was the most interesting or surprising thing you learned from the comic book?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module G – Future of Music
Moderator/Editor: Kaitlyn Allen
Search for the following titles on YouTube if the links have changed <http://www.youtube.com>. View the case for the traditional model by RIAA at http://www.campusdownloading.com/dvd.htm, the case for music as a service rather than a product at MC Lars' "Download This Song" http://www.mclars.com/v2/media.html#VIDWIN, and Weird Al’s "Don't Download This Song" perspective at http://www.dontdownloadthissong.com/. (Basis for assignment from Michael Carroll at Villanova Law School)
The critical questions for Module X are:
F-1 Briefly summarize the position that each party is taking. With which of these positions do you most closely empathize? Which positions are more convincing from long term economic and legal policy perspectives? Why?
F-2 Is the use of film and music at http://www.vsocial.com/video/?d=39532 or http://www.youtube.com/watch?v=8Elrh9vTNFs (You’re So Vain) allowed under copyright law? Under what theory? Should this use be allowed without permission? Would the video remixer/masher ever obtain permission from the rights holders?
F3 View the four 8-minute Lessig videos on Free Culture < http://www.youtube.com/watch?v=JWR6eiiBhf8, http://www.youtube.com/watch?v=LDG4O6Vk9E8, http://www.youtube.com/watch?v=kozx-7tobr4, http://www.youtube.com/watch?v=fipyzsfX2Hw> (transript without slides at http://lessig.org/content/av/). What arguments do you find most convincing? Why? Least convincing? Why?

All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module H – Contracts and Commons
Moderator/Editor: Kathleen Nelligan
The critical questions for Module H are:
H-1 Considering Book 1 Chapter 6, what are the greatest challenges to ensuring the validity of on-line contracts? Under what circumstances, if any, are “click wrap” licenses enforceable legally?
H-2 What is meant by “commons” in the context of the Internet?
H-3 Considering the Tragedy of the Commons article, how can there be a “tragedy” if electronic data and products are not consumed in their use?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module I – Value of the Public Domain and Science Commons
Moderator/Editor: Avinash Rude
The critical questions for Module I are:
I-1 Read the article by Pollock or the article by Nelson. List three key points, ideas or concepts from one of these works that you think are interesting or important.
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module J – FOIA
Moderator/Editor: Megan Tylka
Read the Introduction, Chapter 1 and the final sections of Borders in Cyberspace. The report arrives at conclusions and recommendations regarding government public access policies. Assess these results and recommendations.
The critical questions for Module J are:
J-1 To what extent are the “conclusions” supportable by the evidence? Do they make sense?
J-2 Are the “recommendations” supportable in terms of good public policy? Why?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module K – Access to Government Records
Moderator/Editor: Ben Weber
The critical questions for Module K are:
K-1 To what extent should the laws governing access to and use of federal agency digital records also apply to state and local government digital records? Why?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module L – Free Speech
Moderator/Editor: Melinda Diehl
The critical questions for Module L are:
L-1 If we allow great deference to free speech on the Internet, what are the best means for controlling bad behavior (e.g. spam, obscene material, defamation, scams)?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module M – Free Speech
Moderator/Editor: Kaitlyn Allen
The critical questions for Module M are:
M-1 From the ACLU Briefing Paper, list three key ideas or points relative to free speech on the Internet that you think are important.
M-2 Briefly discuss your perspectives or reactions to these concepts.
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module N – Ethics
Moderator/Editor: Kate Cuddy
The critical questions for Module N are:
N-1 Reflect on differences between legal and ethical conduct within the context of the use and creation of digital data, products and services. Alternatively, provide examples where the two are not synonymous.
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module O – Privacy
Moderator/Editor: Melinda Diehl/James Galipeau
The critical questions for Module O are:
O-1 What rights in privacy did you assume or believe you had before reading the material? After?
O-2 Which question or issue related to the readings would you most like to raise and discuss with the rest of the class?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module P – Cybersecurity
Moderator/Editor: Dara McIntire/Kethleen Nelligan
The critical questions for Module P are:
P-1 Has the widespread availability of U.S. government records including geographic data made the nation more or less safe? Justify your response.
P-2 Which question or issue related to the readings would you most like to raise and discuss with the rest of the class?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module Q – Intellectual Property Management
Moderator/Editor: Avinash Rude
The critical questions for Module Q are:
Q-1 List and explain/discuss two significant benefits of managing access to intellectual property through technological methods.
Q-2 List and explain/discuss two significant drawbacks of managing access to intellectual property through technological methods.
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module R – International IP Policy
Moderator/Editor: Megan Tylka
The critical questions for Module R are:
R-1 Which side of the debate in the Financial Times is more convincing? Why?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module S – Developing Nation Perspectives on ICT
Moderator/Editor: Ben Weber
The critical questions for Module S are:
S-1 Which question or issue related to the readings would you most like to raise and discuss with the rest of the class?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class
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[Primary Research Interests] [Selected Publications] [Courses]

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