Freshman Seminar, Cyberspace in Court: Law of the Internet - Fall 2011
Cyberspace in Court: Law of the Internet
Phillip R. Malone (Harvard Law School)
Half course (fall term) Monday, 3-5
The Internet is at once a constructive and disruptive technology. The migration of more and more of our society, culture, and lives online
offers unprecedented opportunities for everyone to do new and amazing
things. At the same time, that migration creates conflicts and
collisions that no one could have anticipated even a few years ago.
Partisans in these conflicts frequently turn to the courts and/or to the legislative branch for the outcomes they desire.
This seminar will consider how some of the most important and
intriguing collisions of interests in the online space have played out
or are playing out now in lawsuits in the courts or in proposals before
legislatures, both in the U.S. and abroad. These include highly visible
controversies involving Google, Facebook, YouTube, Craigslist,
wikileaks, Anonymous and others.
The seminar’s focus will center on a cluster of topics that includes
copyright and fair use, peer-to-peer file sharing, the Digital
Millennium Copyright Act (DMCA) and the proposed PROTECT IP Act; online
speech, anonymity, and accountability; privacy in the context of social
networking, behavioral targeting, data mining and GPS tracking; hacking
and cybercrime; and citizen journalism, new media and the future of
journalism. We will adjust our precise topics and the attention we give
to each based on students’ interests. The seminar ultimately will
examine broad questions of social and technology policy through the lens of law and legal disputes.
The seminar will stress rigorous analysis and utilize a practical,
problem-solving approach. No technical knowledge is required but
students should be open to experimenting with new information
technologies in a learning environment. Course requirements will include active participation in class discussions and occasional short
exercises, regular reading of a handful of Internet-law blogs, a handful of short blog posts during the semester, and a team-written final paper or equivalent special project due at the end of the semester.