CYBERLAW 2002

Professor Susanna Frederick Fischer

Class One: Introduction

August 26, 2002

WELCOME!

Welcome to the study of CyberlawThis is a survey course covering a number of important topics concerning the application of law to new communications technologies, including the InternetCutting edge materialCLI elective but open to all studentsNo technical experience required or expectedBreakfast provided on Monday mornings

STUDENTS

Diverse backgrounds and interests

Introductory Class

Introduction to this Class: Materials, Content, Activities, Policies, Students

Introduction to the problem of “regulability” of cyberspace: Lawrence Lessig Code pp. 3-8

COURSE MATERIALS

Larry Lessig, Code (1999)

Jerry Kang, Communications Law and Policy 2001)

Online Materials

Course Web Pages:

http://faculty.cua.edu/fischer [click on Cyberlaw Fall 2002]

COURSE MATERIALS

Don’t forget to read Kang update for CB assignments. They are online at: http://www1.law.ucla.edu/~kang/commlaw/ [click on update: it’s a pdf file]

COURSE UNITS

1. Introduction to Cyberlaw

2. Regulation and Governance

3. Intellectual Property in Cyberspace

4.Online Speech and Content

5. Privacy in Cyberspace

6. Looking Ahead to the Future of Cyberlaw in a Digital Society

COURSE ACTIVITIES

Course Goals

Class Maven

Qualifying Paper

Drafts and Editing Requirements

Online Version of Paper

COURSE POLICIES

See online Course Outline on class web pagesAttendanceClass ParticipationGradingDeadlinesFormatting for PaperClass MavenTechnology

Symposium: Oct. 9 & 10

The Rule of Law and New Communications Technologies: Reconciling Private Rights and Public InterestOrganizers: Profs. Fischer & WagnerOrganized to coincide with oral argument in U.S. Supreme Court in Eldred v. Reno

Symposium: Oct. 9 & 10

Confirmed speakers include:

Marybeth Peters, Register of Copyrights

Lawrence Lessig, Stanford Law School

Jonathan Zittrain, Harvard Law School

Amitai Etzioni, George Washington

Shira Perlmutter, Associate General Counsel for IP, AOL Time Warner

Lawrence Lessig: Code

Who is Lawrence Lessig?

Lawrence Lessig: Code

Professor of Law at Stanford Law SchoolFormerly taught at Harvard, Chicago, YaleClerked for Judge Posner in the Seventh Circuit and for Justice Scalia

Some interesting links

Lessig blog at:http://cyberlaw.stanford.edu/lessig/blog/

Berkman Center for Internet and Society at: http://cyber.law.harvard.edu/

Code and Other Laws of Cyberspace (1999)

According to Lessig, what’s the similarity between the collapse of communism and the birth of cyberspace?

Issue: “regulability”

To what extent can government regulate cyberspace?

To what extent should government regulate cyberspace?

Which government?

Issue: Control

To what extent can people or entities other than governments control cyberspace?

To what extent should people or entities other than governments control cyberspace?

Lessig on the Invisible Hand

(Code p. 6) “The invisible hand, though commerce, is constructing an architecture that perfects control– an architecture that makes possible highly efficient regulation.”