This three-credit course will explore the legal issues affected by on-line criminal conduct and electronic evidence.

E-business jurisdiction is global by its very nature. Users almost anywhere in the world may gain access to and transact business with a company owning a Web site. This means a Web merchant has potential global liability exposure, and runs the risk of being sued in any state or country where a plaintiff can prove a legal action based on contract or tort.

This course is designed to provide fundamental skills needed to understand cyberlaw concepts such as trademark, copyright, patents, digital rights, computer crimes, privacy issues, hacking and prosecution etc.

Given the rapid changes in technology, and the corresponding changes in crime and the law, the course will regularly include discussions of current events. There are no prerequisites, and there will be a final examination. 

Of the thirteen sessions which comprise this course, the first two will Cyber Law and jurisdiction to cyber crime. The next six classes will examine conduct criminalized in cyberspace. The next four classes will examine the privacy laws governing law enforcement investigations in cyberspace. The final class will examine the implications of cybercrime upon traditional notions of sovereignty.

Maximum duration to complete this course is 13 weeks.

13 Weeks with 40 hours interaction with the course lecturer.

Assignment 1 -----------      20 marks
Assignment 2 -----------      40 marks
Course Exam ------------     40 marks
Total marks  -------------     100 marks

Cyber Law module

Covers the following topics Introduction, History of the Internet, History of the World Wide Web, How the Internet Works, Internet Addresses, The Language of the Internet, Accessing a Web Site, Transmitting Information, Netiquette, Regulation of Cyberspace, Business and Individual Users, Information Security, Business Uses of Internet Technology, Globalization, Law and Cyberspace.

Jurisdiction

Covers What is jurisdiction?, Jurisdiction and the “home court advantage”, Traditional principles of jurisdiction, State long-arm statutes and personal jurisdiction over a non-resident defendant, Application of the Due Process Clause over a non-resident defendant, Motion to dismiss for lack of personal jurisdiction, Judicial History of Personal Jurisdiction, Constitutional framework for due process under the International Shoe Company case,  Non-resident defendant must “purposely avail itself of the benefits of the state’s economic market” to establish “minimum contacts”, Personal Jurisdiction in Cyberspace, Non-active Web site v. inter-active Web site, Forum selection and choice of law clause, International Jurisdiction in Cyberspace, Who governs the online world? Principles of national enforcement.

Trademarks

Covers What is a trademark? What is a domain name? Where are trademarks and domain names filed? What is the Anti cybersquatting Consumer Protection Act? What is the Uniform Domain Name Dispute Resolution Policy? How are trademarks classified? What is a service mark? What is a trade dress? Trademarks as Distinctive Identifiers of the Product or Service, Trademarks as inherently distinctive, Trademarks that have acquired a secondary meaning, Principal Register and the Supplemental Register in the PTO, Trademarks in Cyberspace: Infringement and Dilution, What is trademark infringement? What is trademark dilution? How does a trademark become “famous”? What is trademark dilution by blurring? What is trademark dilution by tarnishment? Internet Technology and Trademark Infringement, What is “deeplinking”?

Copyrights

Covers Overview of copyright law, The subject matter of a copyright, The objective of an e-business in relation to copyright law, The legal strategy to accomplish that objective Copyright Act of 1976, Review of the Copyright Act, Criteria for copyright protection of a Web page, Copyright as a creative work “fixed” under the Copyright Act, Duration of copyrights — Eldred v. Ashcroft, Statutory Rights of a Copyright Owner, Right to reproduce the work, Right to sell, rent, lease or otherwise distribute copies, Right to prepare derivative works, Right to perform and display publicly the copyright work, Theories of Liability for Copyright Infringement, Direct infringement, Contributory infringement, Vicarious infringement, Limitations on Copyright Owner’s Exclusive Rights, Fair use doctrine, First sale doctrine, Public domain.

Business Methods Patents

Covers Legal Framework of Patents, United States Constitution, Congressional powers, Patent American Inventor’s Protection Act, Agency enforcement of patent laws, Courts, Patent Law as It Relates to Business Practices, Patentable subject matter, Invention or discovery, Types of patents, What claims are covered? irst-to-file v. first-to-invent systems, The Patentability of Software and Business Methods Patents, Software patents, Business methods patents, What may be done with the patent? Patent commercialization and knowledge transfer strategies, Shop rights and ownership of patents, Enforcing Patent Rights: Plaintiff’s Case, Literal infringement,  Doctrine of equivalents.

Reading Activities:

Online Contracting and Licensing Agreements

Covers Online Contracting, History and development, Terms of e-commerce, E-commerce business models, Benefits to consumers, Why is online contracting law important? Fundamental Principles and Requirements of Contract Law, Mutual assent Consideration, Capacity, Legality, Form Warranties, Disclaimers, and Terms of Use, Express and implied warranties Disclaimers, Disputing the terms of use — Comb v. PayPal, Inc. The Developing Uniform E-Commerce Law: UCITA and UETA History and development, UCITA: a controversial measure, UCITA: key provisions, UETA, Electronic Signatures, E-sign, The relationship between e-sign and the UETA.

Sales Tax in E-Commerce

Covers lessons will cover What is tax nexus? State sales and use tax, Internet Tax Freedom Act of 1998, Advisory Commission on Electronic Commerce, Limitations on a state’s taxing authority under the Due Process and the Commerce Clauses of the United States Constitution, Taxation in Cyberspace, What is a sales tax?, What is a use tax?, “Grandfather Clause” under the Internet Tax Freedom Act, Sales tax and the Dormant Commerce Clause Streamlined Sales Tax Project, State Tax Jurisdiction under the United States Constitution, What is a “substantial tax nexus”? What is a mail-order transaction? What is the Commerce Clause test for state tax purposes?

Online Security Offerings

Covers Raising Capital: Online Securities Offerings, What is a security? The securities laws, Exemptions from securities laws registration requirements, The process of conducting a securities offering, Online Transactions in Securities, International Aspects of Online Securities Offerings, Regulation of the international movement of capital, International cooperation and securities law enforcement, International securities fraud, Investments in offshore securities and the Internet: Regulation S, International Internet securities offerings and “blue sky” laws.

Online Security Offerings

Covers What Is the Right to Privacy? Constitutional sources, Federal State, Common Law Torts for Invasion of Privacy, Major Federal Laws that Regulate Privacy in Cyberspace, Bulk E-Mail Solicitations (“Spamming”), Privacy in the Workplace, Global Issues of Privacy in Cyberspace, EU Directive on Privacy Protection The US-EU Safe Harbor Agreement, Other national efforts at regulating Internet data privacy, Australia, Canada, Russia.

Obscenity

Covers First Amendment — Freedom of Speech, Press and Expression, The Miller Test for Obscenity, Proving a case of obscenity, Government Regulation of Cyberporn, Communications Decency Act (CDA) of 1996, Allowable defenses, The CDA attacked, Child Pornography, Federal regulation, Child Pornography Prevention Act (CPPA), 1996.

Defamation

Covers The Common Law Tort of Defamation — Slander and Libel, Applicability to cyberspace, Elements of proof required for defamation, Defenses to defamation, Liability of Service Providers for Defamation, Protection for “Good Samaritan” blocking and screening of offensive material, The applicability of Section 230 of the Communications Decency Act of 1996 to online service, Current status of Section 230, International Regulation of Online Defamation, International efforts to regulate cyber-defamation, United Kingdom, Australia, ISPs and international acts of defamation, Defamation and the international choice of law.

Defamation

Covers The Challenges of Internet and Information Security, The Goals of Internet and Information Security, confidentiality, authenticity and integrity of each communication, Methods and Legal Challenges for Ensuring Enterprise and Communications Security, Firewalls, Transactional security systems, Password systems Certificate authorities (CAs) and digital certificates (DCs), Biometrics, Security tokens/digipasses, Smart Cards Holography, Processor serial numbers, Public Key Infrastructure (PKI) Cryptography: encryption/decryption — Discussion of First, Fourth and Fifth Amendment challenges to this security method.Steganography, International Aspects of Internet and Information Security, Global network and information security Council framework on attacks against information systems, International aspects of encryption and cryptography systems, Cryptography and Liberty Survey, OECD guidelines, Wassenaar Arrangement.

Internet and Computer Crime

Covers  The Nature of Computer Crime What are computer, and Internet crimes? The impact on law enforcement, The elements of a crime, What are the e-commerce risks? The Role of Computers in Crime: Crimes and Perpetrators How are computers used in the commission of crimes? As a target of crime, As a tool in crime, As incidental to crime What crimes are being committed in today’s networked environment? Crimes against persons or businesses Crimes against real and/or intangible property, Crimes against government or its functions, Forensics: Gathering and Preserving Evidence, International Aspects of Cybercrime, Council of Europe Convention on Cybercrime, Criminalization of illegal acts, Mutual assistance and facilitation of cybercrime investigations, European Commission’s Communication on Computer Related Crime, EU Forum on Cybercrime, Other international cybercrime initiatives.