University of Maine

SIE 525 INFORMATION SYSTEMS LAW

Fall 2010

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, computer science or other other domains where a knowledge of cyberlaw issues may be of value. 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.)

Required readings include several books, chapters of books and articles. If links to readings happen to be dead, check the FirstClass folder under Course Info for archived copies of the open access articles. 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 textbook should be available through the university bookstore. Most of the other readings are available openly on the web through open access licenses. They are also often available by ordering them from online sources if you prefer published copies.

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

You must have a FirstClass account for this course. See http://it.umaine.edu/support/firstclass/index.php if you do not yet have an account. You will communicate with other classmates and the instructor through the SIE 525 FirstClass folder and deliver all out-of-class assignments to the FirstClass assignment folder for the course.  I recommend that you download the FirstClass client software to your computer if you have not already done so. You should always be able to deliver your materials and access the materials of others by logging on to the FirstClass website or by using the client software.

Important Disability Notice

Contingency Plans in the Event of a Flue Epidemic

Copyright Notice for Materials Accessible through this Website

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

Term Paper Formatting

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

Wk Day Date
 Topic
Book Reading Assignments*
Extra Assignments
Module
1  T Aug 31  Introductory Materials  [SlidesIntro

  -

  -
-
  TH Sept 2  (continued) Book 1: Ch 1
  -
Module A
2  T Sept 7  Liability [SlidesLiability] Read Liability in Use of GIS
Module B
  TH Sept 9  (continued)
  -
  -
-
3  T Sept 14  Jurisdiction and the Internet  [SlidesJuris]

Book 1: Ch 2 Book 2: Ch 7, 14 &15

  -
Module C
  TH Sept 16  Intellectual Property Basics [SlidesIPBasics] Book 1: Ch 3-5

Intellectual Property: The Basics, by Caseiro (see FirstCls)

Module D
4  T Sept 21  (continued)

Book 1: Ch 4

Book 2: Ch 10

  -
Module E
  TH Sept 23  IP and Copyright
 -
Module F
5  T Sept 28  (continued) 
Book 5: Ch 3
 Moglen Maine Talk
Module G
  TH Sept 30 Database Legislation & Academic Research [SlidesDtbs]
-
 Term Paper Assigned
-
6 T Oct 5  Self-help Technologies: Contracts & Information Commons Concepts  [SlidesCrCommons][SlidesDataCommons]

Book 1: Ch 6

Book 3: Ch 6

Book 4, Ch 3&4

Read Tragedy of Info Commons
Module H
   TH Oct 7   (continued)
Video: What if Web Really Wrkd for Science? I & II
Pollock Value of the Public Domain, Nelson, The Market Economy and Scientific Commons
Module I
7 T Oct 12 Fall Break
  -
-
-
  TH Oct 14  Public Information  [SlidesFOIA] [SlidesBorders]
  -
Read Weiss summary or Pluijmers/Weiss Borders in Cyberspace
Module J
8  T Oct 19  Public Information (con't)
-
Exploiting the Potential of Europe's Public Sector Information
-
  TH Oct 21  Public Information  [SlidesLocalGovt]

-

Read Ten Ways and GITA Whitepaper
Module K
9  T Oct 26 (continued)
  -
-
-
  TH Oct 28  Free Speech  [SlidesFreeSpeech]  Book 1: Ch 10-11

Book 2: Ch 12

-
Module L
10  T Nov 2  (continued)
  -
ACLU Briefing Paper
Module M
  TH Nov 4
Ethics  [SlidesEthics] 
Implementing G I Technologies Ethically
Module N
11  T Nov 9 Privacy [SlidesPrivacy]
Book 1: Ch 9

Book 2: Ch 11

Engaging Privacy & IT: Exec Summary (see First Class) 
Module O
  TH Nov 11 Privacy [SlidesPrivacyGeo] [SlidesPrivacyUbiq]
-
View Cory Doctorow Video 
-
12  T Nov 16
-

-

Term Paper Due
-
  TH Nov 18  Evidentiary Admissibility [SlidesEvid]
 -
Evidence from GIS
-
13 T Nov 23 Security, Encryption, and IP Management Issues [SlidesSecurity]

Book 1: Ch 12-13

Mapping the Risks (Rand), Cybersecurity Today and Tomorrow (free download), Info Technology for Counterterrorism (free summary)
Module P
  TH Nov 25

Thanksgiving Break

-

-
-
14  T Nov 30  (continued)

-

One of:

Next Generation Connectivity,

Open Source Software Business Models,

File-Sharing and Copyright

Module Q
  TH Dec 2  International Law and Trade  Book 1: throughout
Book 3: Chap 6&9
EU Database Directive Debate (Boyle) and Follow-Up, Is Bayh-Dole Good for Developing Countries?
Module R
15  T Dec 7  Developing Nation Perspectives [SlidesDevCntry]
  -
Integrating IP and Development Policy, ICT: What Works (see FirstClass), Online Delivery of Land Titles
Module S
  TH Dec 9  Review

  -
-
    Dec 13 Final Exam Week (Exam on Tuesday 10:30 am -12:30)
  -
Final Exam
-
-
-
-
-
-
-
-

 

*

Book 1. Cyberlaw Text and Cases

Ferrera, Lichtenstein, Reder, August and Schiano (2004)
A primer covering basic cyberlaw issues from traditional or conventional legal perspectives. Purchase at the bookstore or online.

Contemporary, emerging or counter perspectives. We will read and discuss chapters out of the following books. Acquire the following books by purchase or download for free at the links shown:

Book 2. Code Version 2.0
Lawrence Lessig (2008)
http://codev2.cc/

Book 3. Remix: Making art and commerce thrive in the hybrid economy
Lawrence Lessig (2008)
http://www.bloomsburyacademic.com/remix.htm or see FirstClass Course Info Folder

Book 4. The Wealth of Networks
Benkler, Yochai (2006)
full book pdf: http://www.benkler.org/Benkler_Wealth_Of_Networks.pdf
chapter pdfs: http://www.benkler.org/wonchapters.html

Book 5. The Public Domain: Enclosing the Commons of the Mind
James Boyle (2008)
http://www.thepublicdomain.org/download/



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 day 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 list 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 75 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 all other members of class to the extent possible in a discussion of their responses and affiliated issues raised in the readings. In some instances you may have time to call on only two or three classmates to discuss their responses but certainly your goal should be to egage as many classmates as possible. 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 (no 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 in the face-to-face discussions. 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 8 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 personal 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 8 and should be posted as follows: <your last name> - SIE 525 COURSE JOURNAL

Module Assignments

Module A – Introduction
Moderator/Editor: Harlan 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 Raise and reflect on one or more questions or issues related to the readings that you most like to 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: Bratcher, Amber
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 Raise and reflect on one or more questions or issues related to the readings that you most like to 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: Doore, Stacy
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 in Chapter 7 of Book 2, what are the core methods for regulating the Internet? Spinello argues that morals should be used additionally to guide and control the net. Are there core ethical principles that are or should be universal and applicable across all jurisdictions?
C-3 Raise and reflect on one or more questions or issues related to the readings that you most like to 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 D – Intellectual Property Basics (Trademarks and Tradesecrets)
Moderator/Editor: Emerson, Raymond
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: Lewis, Joshua
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 Raise and reflect on one or more questions or issues related to the readings that you most like to 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 F – Future of Film
Moderator/Editor: Lombard, David
The critical questions for Module G are:
F-1 Numerous graphics and photos were used in the comic book book titled Bound by Law? by Aoki, Boyle and Jenkins (2006) found at http://www.law.duke.edu/cspd/comics/digital.php. This material was used without asking permission of authors or publishers of the original works. Is this legal? Why? Is this ethical? Why?
F-2 What was the most interesting or surprising thing you learned from the comic book?
F-3 For some community attempts at defining "fair use" in relation to classes of media see http://www.centerforsocialmedia.org/fair-use/best-practices/documentary Are these community attempts at setting standards likely to be considered seriously by the courts?
All students respond to these questions on FirstClass before 8:00 PM on the evening before class

Module G – Future of Music
Moderator/Editor: Maynard, Ben

G-1 Is the use of film and music at http://www.vsocial.com/video/?d=39532 (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? Similar: One song in entirety and clips from 40 different movies. http://www.youtube.com/watch?v=ZYL3j27sSH8 Is this legal without obtaining permissions from all 41 sources? If not, should it be?
G-2 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 ). What arguments do you find most convincing? Why? Least convincing? Why? (If curious, see also his video titled Open at at http://lessig.org/content/av/ for his changing perspective.)

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

Module H – Contracts and Commons
Moderator/Editor: O'Shaughnessy, Brendan
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: Ogden, Eric
The critical questions for Module I are:
I-1 View the video by James Boyle on What if the Web Really Worked for Science? (Note: Question and answer covers the last quarter of the video which you may skip.). List three key ppoints from his presentation that you think are interesting or important.

I-2 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: Wallace, Martin
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: Weinstein, Stephen
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: Whittier, John
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: Bratcher, Amber
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: Doore, Stacy
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: Emerson, Raymond
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 Raise and reflect on one or more questions or issues related to the readings that you most would like to 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: Lewis, Joshua
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 Raise and reflect on one or more questions or issues related to the readings that you most like to 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 – Emerging Intellectual Property and Technology Access Issues
Moderator/Editor: Lombard, David

Read the executive summary, introduction and conclusion of one of the following articles and skim additional portions.

Next Generation Connectivity: A review of broadband Internet transitions and policy from around the world

Inventory and Analysis of Open Source Software Business Models

File-Sharing and Copyright

The critical questions for Module Q are:
Q-1 What are the major points made by the article or conclusions arrived?
Q-2 Raise and reflect on one or more questions or issues related to the readings that you most would like to 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 R – International IP Policy
Moderator/Editor: Maynard, Ben
The critical questions for Module R are:
R-1 Which side of the debate in the Financial Times is more convincing? Why?
R-2 Chapter 6 in Book 3 compares commercial versus sharing economies and suggests parallel economies are possible. What are your insights regarding this reading?
R-3 Raise and reflect on one or more questions or issues related to the Bahy-Dole reading that you most would like to 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 S – Developing Nation Perspectives on ICT
Moderator/Editor: O'Shaughnessy, Brendan
The critical questions for Module S are:
S-1 Raise and reflect on one or more questions or issues related to the readings that you most like to 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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