Syllabus draft

1. day 1 (leave as it is?)
   1. one idea: facebook = compuserve.. has most impact once we\’ve viewed canonical structure of proprietary & generative -->
      1. guest speaker = zuckerberg?
   2. domain names
   3. point of class is to paint the difference btwn (1) proprietary system and (2) generative system
   4. SJ demo of wikipedia... and tell the story behind the story. there are problems present in our intermediary framework (day 3).
   5. so, different modules:
      1. historical generative devices (can be combined with theory)
   6. resolved: 3 primary topics
      1. Morris worm
      2. DNS
      3. Wikipedia culture & demo
         1. segues into overnight assignment to edit class wiki & edit wikipedia article
2. day 2 ("everything\’s going to hell" day)
   1. chapter 3
   2. Morris worm
      1. persuade Morris to come to class?
      2. point out that not malicious, compared to today
   3. cyber-crime report..
   4. iPhone example
      1. SDK in February 2008.. will Apple have docs available by then?
3. day 3 (intermediary liability)
   1. CDA § 230
      1. roommates.com.. big CDA case of last year
      2. Myspace v. Doe W.D.Tex. case
   2. forcing universities to filter for content... cf. industry principles (UGC Principles.. and Berkman or Stanford "fair use counter-principles)
      1. Great (sensitive) document by China: "proposal to use search engines to administer the Internet"
   3. Jimbo African restaurant wikipedia controversy
4. day 4 (network intermediaries & ©)
   1. first half of class is overview of DMCA & ©. JZ will deal with this, and with Youtube v. Viacom.
   2. case study: university filtering proposal (as points of control Q)
   3. or case study: UGC principles & counter-examples
   4. damages
      1. Jammie Thomas $220k liability
5. day 5 (towards appliancization) (third day of this arc)
   1. again, JZ does doctrinal stuff for first half of class
   2. background in Sony & Grokster takes a long time...
   3. Q = if you make a product, what obligations do you have?
      1. Randy Picker: "Rewinding Sony." Argues that you have to build a tether in your appliances so you transform them into services. Tethered appliances in context of ©.
      2. Once you set up frame of unified service and product, easy to move from there to case studies.
   4. case study = what methods will the Special Master employ in Grokster part 2?
   5. context of course is still the war between sterile & generative. once you understand the world this way, it\’s much easier to make sense of web 2.0 etc.
      1. so point: when you design tech, this is how much you have to anticipate
   6. so in addition to the appliancization Q, we can also talk about the second Q of how to design a tech with legal restrictions in mind
      1. point out that students here are likely to end up in career as product counsel...
   7. other examples
      1. torrents?
         1. ties into problems of proof..
      2. RIAA lawsuit vs. Usenet..
6. day 6 (trusted systems day)
   1. introduction to anti-circumvention provisions.. Q = should people be able to hack?
   2. competing models of DRM.. new model that can count on solid internet connection, and works as a service
   3. OLPC DRM.. security model...
   4. broadcast flag.. is this important?
      1. example of the old appliance-style model of DRM that requires control of all elements of HW and everything that touches it.. everything that records off the TV, for instance, has to know about the DRM.
   5. look at trusted systems (rights management) for code, not just for content
      1. Who is trusted developer, for MS/Apple/etc?
      2. You can either have trusted systems for content, then through law require that every developer writing code touching the content has to go to jail if they don\’t respect the trusted system. This at least gives everyone freedom to code. Or you can forget about the encryption standard and just certify coders, and revoke the keys if you don\’t like it.
   6. trusted systems a way of imposing 4th-level liability..
      1. e.g., ask why hasn\’t Gates been given a subpoena to stop from using Grokster...
   7. so might be able to structure day 6 around iphone and facebook SDKs
   8. Wikipedia, too, is centralized --> as long as code is centralized, the plug can be pulled --> structure around the tether
   9. case study: look at Julie Cohen ("Copyright and the Jurisprudence of Self-Help") piece.. situate i-bricking as latest example of this.
      1. we want a case study that implicates self-help and contract violation.
         1. right to read anonymously? suppose you do have world where you agree to be monitored and controlled; is it all just freedom of contract?
         2. (come back to this)
7. day 7: open code and open platform day
   1. Keep this largely the same?
   2. GPL
   3. law or culture or both? both.
   4. set up debate not just btwn free vs. proprietary.. but btwn generative vs. sterile
      1. So talk about Facebook SDKs here. case study = FB platform.
      2. Maybe contrast with Google open SDK plans..
8. day 8
   1. von Hippel: new book out. use this.
   2. Debra Starr: Ruling the Waves. Tells JZ\’s story of the "generative pattern" but notes that the pattern doesn\’t repeat. Cf. story of radio, TV, etc. Try to contrast this with JZ\’s claim that we can keep the party going indefinitely.
   3. update day 4 to include Viacom v. YT
   4. case study: ???
9. day 9
   1. Talk about technical and legal structures that facilitate free culture. Ask whether there\’s such a thing as a neutral regime: do you have to take a stand on free culture when you\’re designing your © regime?
   2. Tim Wu piece from Salon re remix culture.
   3. Anarchist in the Library?
   4. how to frame the debate?
      1. Cult of the Amateur (find NY Times article)
      2. get Andrew Keen as guest..
   5. Long Tail?
      1. Commercial firms that make money off backs of amateur creators..
      2. bring in David Weinberger to address this point.
      3. Find library scholars.. Christine Madsen (maybe search Lydon\’s radio show archives for ideas)
   6. case study: debate
10. day 10 (privacy)..
    1. We need better readings. Look to Yale Dec 7 Conference re Privacy & Reputation.
    2. How much have consumer/user notions of privacy evolved over past 3 years?
       1. Cf. Argument on Berkman fellows list re social ads.
          1. case study: social ads
       2. Bring in Chris Kelly.
       3. Give people enough readings other than just theory.
    3. larger scale
       1. Look to whether days after week 1 lend themselves to more concrete and singular case studies for each day. Could have a total of \~8-10 groups.
       2. Think of structuring the syllabus as to both readings and to case studies for each day.
11. day 11
    1. Points of control
    2. But also talk about tethered appliances from a regulatory standpoint.
    3. Perhaps Yahoo/China stuff
    4. More of a legislative focus, especially on net neutrality
       1. But can we do jurisdiction, filtering, and neutrality all on the same day?
    5. Jurisdiction
    6. Resolved (have to keep this day pretty disciplined if we\’re going to cover all of this):
       1. first half of class on zoning and filtering
       2. second half of class on net neutrality
    7. Pit academics against one another:
       1. Tim Wu.. timwu.org has a great resources page. Look through this.
          1. A group would be helpful in taking care of this. Assign more academic-type readings for them to cover.
       2. vs. Fishman etc.
    8. Larger issue
       1. Demos --> what do we want to show off each day? Maybe each day lends itself to a demo.
    9. case study: net neutrality (what the hell is the debate about?) (don\’t focus just on Comcast issue)
12. day 12 (netizenship: between the public and the private) (the public spirit in a private organization)
    1. Q = should there be public boundaries in these organizations. Try to find way to connect this to private sheriff.
    2. SBW has two components
       1. Hurdick tool
       2. listing people
          1. real-time black hole list
    3. Neighborhood watch for internet..
    4. readings
       1. Wisdom of Crowds
       2. part 2 of JZ\’s Privacy chapter, which is all about P2P judgments
    5. last year was about opportunities for less autistic online experiences; this year will be about danger of crowds, not just power/wisdom
    6. put Tor on either trusted systems or jurisd day
    7. case study: reputation systems?
       1. e.g., wrapleaf.. a repository for reputation
          1. Aran, who runs Wrapleaf, might be able to come in.
13. day 13
    1. Do we still want to do OLPC?
       1. Work it in as a case study, but don\’t make the whole day about this.
    2. A way of doing "clean slate" without actually having to do that.
    3. Readings
       1. JZ\’s conclusion.. maybe not.
    4. Is this "future of the internet" day? If so, let\’s set up some different visions of the internet\’s future:
       1. OLPC
       2. Internet governance & theocracy
       3. 9/11 and cybersecurity lockdown
       4. "clean slate" program.. let\’s reimagine the internet