QUT Study Guide Legal Regulation of the Internet 2000 ... - Reocities

TABLE OF CONTENTS Page Subject Outline 1 Assessment 5 Prescribed Reading 6 Topics Covered 9 Chapter One
An Introduction to Legal Issues relating to the Internet 12 Chapter Two
Jurisdicitional Issues on the World Wide Web 22 Chapter Three
Liability of Online Service Providers 44 Chapter Four
Content Regulation 72 Chapter Five
Privacy.......... 85 Chapter Six
Creation and Operation of a Website 90 Chapter Seven
Introduction to Electronic Commerce: Digital and Electronic Signatures
103 Chapter Eight
Digital and Electronic Cash; Electronic Banking 108 Chapter Nine
Patenting Electronic Commerce 111 Chapter Ten
Domain Names 133 Chapter Eleven
Crime, Spam & Tax 183 Chapter Twelve
Sophisticated Internet Transactions 189 Chapter Thirteen 208
ICANN Dispute Resolution
UNIT OUTLINE
Unit Title: LEGAL REGULATION OF THE INTERNET Credit Points: 12 Unit Code: LWN117 Prerequisite(s): Nil Corequisites(s): Nil
1 Introduction Legal Regulation of the Internet covers the law as it relates to the
Internet and electronic commerce. This unit will examine the
application of the existing legal principles to cyberspace as well as
newly developed cyberlaw principles. A knowledge of cyberlaw is
important in a number of areas of legal practice, such as banking,
litigation and intellectual property. Many law firms have specialist
electronic commerce practices.
This unit will focus on 12 Internet-related legal topics. Recent
legal developments in Australian, United States and other countries
will be discussed.
2. Objectives of this Course On completion of this unit, members of the class should:
. have a detailed understanding of statutory and case law applicable
to the Internet and electronic commerce;
. understand the relevant rules and concepts of cyberlaw;
. be familiar with the laws of other countries, particularly the
United States, relating to the Internet and electronic commerce;
. have knowledge and understanding of the roles of conventions and
industry codes of practice that shape the application of laws in
cyberspace; . be able to critically evaluate and propose solutions to current
cyberlaw issues;
. have developed a methodology which enables them to comprehensively
and critically engage in work in this area;
. have identified the range of strategies required to engage
successfully in professional work in this area; and
. have written a research paper on a contemporary problem involving
an a legal issue relating to the Internet
3 Use of the Study Guide This study guide has been compiled on the basis that students
undertaking the unit will use it as a learning tool. Whilst the study
guide contains numerous references to material required to undertake
the unit, it will be necessary, in some cases, to read further and
engage other materials. The guide should be treated as a means of
establishing the framework within which the material can be studied. Each chapter of the guide represents a separate topic. However, in
the course of undertaking the unit, it will become apparent that, to
properly understand problem solving in this unit, it will be necessary
to transverse the boundaries of a number of areas. For convenience, the text of part or all of some relevant cases and
articles have been included in the study guide.
Each chapter and the materials cited in the chapter must be read
before the class dealing with that topic. Chapters may comprise the following parts: Introduction
This part of the guide gives an introduction the topic to be studied
in the particular chapter. Questions and Exercises
A list of questions and exercises is included. Each student should
formulate answers to the questions and undertake the exercises prior
to the class dealing with that topic. Essential Readings Articles, notes, chapters, materials and webpages that must be read
before class. Cases
A list of cases which must be read before class. Whilst recourse may
be necessary to other cases from time to time, a comprehensive
knowledge of these cases would be sufficient to understand the basic
principles covered by that chapter's topic. As Internet law is
rapidly expanding, cases decided after this study guide was completed
also may need to be read. Statutes
Knowledge of the statutory provisions listed is essential to an
understanding of the subject matter of a chapter. Other Useful Materials
This section sets out other readings, such as from cases, texts and
articles, which provide additional information on the topic. Subject Matter of Course
For some chapters, the subject matter of the course is set out in a
number of sub-headings which provide a brief explanation and outline
of the particular part of the chapter being considered. The outline
is not intended to be an exhaustive exposition of the law on the
subject and will require some enhancement drawn from readings, problem
solving of workshop seminar and other sources given. Appendix to Chapter The appendix to a chapter contains the text of some of the cases and
articles relevant to the topic.
4 Method of Instruction The course will take the form of 13 weekly lectures of two hours
duration. Participation is required. There will be no formal oral
presentations by students in class.
5 Assessment Assessment shall be undertaken by - a) A research paper of approximately 5000 to 6000 words (absolute
maximum) to be delivered by Friday 8 June 2001 (80% of total
assessment) and;
b) Class participation (20% of total assessment). Research Paper This paper must comprise between 5000 to 6000 words and be submitted
by Friday 8 June 2000. Exceeding the prescribed word limit will
attract a penalty.
Students may choose any topic for their research paper provided it
falls within the parameters of the subject, subject to the approval of
the Course Coordinator. All topics must be submitted in writing for
approval to the Course Coordinator by no later than Friday 9 March
2001.
All research papers must be typed.
The research paper should be presented in the format required by the
rules relating to the presentation of assignments in the Law Faculty
Postgraduate Student Information Booklet.
Class Participation Students are expected to consider and study all 13 topics covered by
this unit. This is not a unit where a student can obtain a high grade
simply by focusing on the topic covered by that student's research
paper.
Class participation is an essential component of this unit.
Each student is expected to:
attend each class;
read the relevant sections of this study guide and the cited materials
before class;
formulate answers to the questions in the study guide before class;
perform the general exercises (see Chapter One) before each class; and
perform the exercises set out in the relevant chapter for the appropriate
class;
answer questions during class; and.
engage in class discussions.
It is appreciated that most students are working or have other
commitments. On occasions, a student may be unable to attend or
prepare for class. If a student misses or is unable to prepare for a
small number of classes, the student's marks for class participation
will not be adversely effected.
Course rules state that a student is required to attend a minimum of
80% of lectures.
Should a student miss or not prepare for more than two classes, the
course-coordinator should be advised and appropriate cause for
continued enrolment shown. Failing to attend or prepare for more than
two classes without cause will result in loss of marks for class
participation.
If a student is unable to prepare for a class, the student should
still attend. In this case, the student must notify the course-
coordinator at the beginning of the class that the student has not
prepared for class. This will ensure that being called on during
class to answer questions does not embarrass the student. The student
may still participate in class discussions at the student's option.
The following factors will be taken into account when determining a
student's grade for class participation:
preparation for class;
attendance at class;
answering questions during class; and
engaging in class discussions. In class discussions, the quality of answers rather than the quantity
of talking will be taken into account when determining the student's
grade for class participation. 6 Responsible Teacher in this Unit The course-coordinator is John Swinson. John Swinson is not a full-
time member of QUT's staff and does not have an office at QUT. Any
academic enquires about the unit should be directed to: John Swinson
Partner
Mallesons Stephen Jaques
Telephone : (07) 3244 8050 (direct line)