Note: These are the course policies for the undergraduate level of Cyberlaw.
I. COURSE OBJECTIVES
This course is designed to examine a variety of legal issues that have arisen in the new world of cyberspace. The digital evolution raises fundamental questions about how existing law may apply, if at all, to problems of the new technologies. The course will therefore explore legal problems that arise such as issues of jurisdiction, ownership and protection of intellectual property, business and finance issues, e.g., on-line contracting and taxation, regulation of privacy, security, and on-line speech, computer crime and international issues created by cyberspace.
Business Law 3305 or permission of the instructor.
III. CLASS POLICIES
1. Tests are to be taken on the dates scheduled. There are no excused absences from tests except for illness which requires a physician's note, or death in the immediate family. If you fail to take a test when scheduled for either of these reasons, you must notify me before the test. No makeup tests will be given, but the next scheduled exam score will count double in order to replace the excused, missed test. If the final is used as the makeup test, the missed test will count as only 20% of the grade instead of 24%. Unless three tests or finals are scheduled on the same day, students must take their examinations on the scheduled day and time. Students who have a learning disability may have thirty extra minutes to take a test or final examination. This extension is only permitted by those students having a certification from Shelia Houser, Director of the Office of Access and Learning Accommodation who may be contacted at 710-3605. This extension will be taken after the regular testing period has been completed and at a time agreed upon by the student and me.
2. No test is recorded until it has been reviewed in class and returned at the end of the class period. If a student fails to return a test before he/she leaves the classroom, a zero will automatically be given for that test. A student who returns a test with a page or pages missing will also receive an automatic zero.
3. Finals will not be posted and absolutely no phone calls shall be made to my office to inquire about the final grade. A student may, however, give me a self-addressed, stamped envelope and I will mail it to the student with the final grade included as soon as possible. Because of security issues I will not e-mail any grades to students.
4. Changes for inadequate eraser marks on exams must be brought to my attention immediately after class on the day exams are returned to you.
IV. CLASS PARTICIPATION AND PRESENTATIONS
1. Attendance - University policy requires that you attend at least 75% of the classes to receive credit in the course. Attendance will be recorded at the beginning of class. If a student misses no more than three class periods, he/she will earn 1% that will be added to the final grade. If a student is not prepared for an assigned problem or case he/she will have 1% deducted from class participation. If a student misses class after being assigned a case or problem and it is unexcused, he/she will also have 1% deducted from class participation.
2. Promptness - A student who is late to class should check with the instructor immediately after class in order not be recorded as absent. Two tardy appearances will count as one absence.
3. Preparation and participation - Students are expected to read the chapter shown on the syllabus, complete the problems assigned from the chapter, answer questions in class, and participate in class discussions. Supplementary material will be furnished or assigned from the Internet, and it will be essential that you bring this material and your textbook to class.
4. Presentations -
A. Website Design Contract
1. The class will be divided into groups by me, and each group will work as a team to present its typewritten version of a website design contract. A Power Point Presentation will also be required to summarize salient points. I will assign each group a particular type of client who has hired them to create the agreement. Each presentation shall last no more that 15 minutes and be at least four pages but no more than ten pages long. A moderator may be chosen to present the contract but each member is expected to give oral input when called upon.
2. The contract shall include the following but it is not limited to these provisions:
a. what specific services will be provided and what the finished website will include;
c. ownership of and clearance of intellectual property rights for the completed website as well as all underlying programming and/or content;
d. adequate warranties and representations;
e. liability and indemnification clauses;
f. confidentiality and non-compete clauses;
g. modification clause;
h. termination provisions; and
i. choice of law and forum provisions.
3. The presentation and work product must be ready at the time specified in the syllabus.
4. If a member of the group cannot be present this student must make arrangements with me to present the contract at another time. I must be notified, if possible, before the presentation is due.
B. Cyberlaw Issue Presentations
1. Students will present their cyberlaw issue on the two class periods shown in the syllabus. The issue presented may be on any topic created by the emergence of cyberlaw. Topics must be approved by me by the first week in March, and approval may be sought at any time before this date. Regular office hours shall be used when seeking topic approval. Bring two potential topics to discuss in case another student has already selected the same topic. I will pass out all the assignments and presentation times as soon as all students have selected their topics.
2. Presentations shall discuss how the issue will be dealt with under existing law, whether the law is adequately adapted to solve the problem, and are there viable alternatives, considering both legal and market/technological solutions.
3. Presentations shall also last no more than 10 minutes, and each presenter will be responsible for allowing time for questions and answers at the end of the talk.
4. Presentations shall not be less than 10 pages, be typewritten, have at least 15 sources, 70% of which can be taken directly from the Internet, and include all sources in endnotes for the bibliography.
5. These presentations and work product will be graded on how well the student presents the topic, the excellence of the analysis, and the proficiency of the research and writing.
6. The presentations and papers are to be presented at the time assigned unless other arrangements have been made with me before the designated time.
C. Business attire, coat and tire for men, dress suits or pant suits for women, will be required for the student’s presentation.
V. GENERAL RESOURCES.
The following materials and websites are not required but may be used for students’ research projects.
Miller and Hollowell: Online Legal Research
Miller and Cross: The Legal and E-Commerce Environment Today
Bick: 101 Things You Need to Know About Internet Law
Maggs, Soma, Sprowl: Internet and Computer Law
Burgunder: Legal Aspects of Managing Technology
Lessig: Code and Other Laws of Cyberspace
Beatty and Samuelson: Business Law and the Legal Environment for a New Century
Halburt and Ingullé: Cyber Ethics
Find Law: http://cyber.1p.findlaw.com
Cyberspace Law for Non Lawyers: http://www.ssrn.com/update/lsn/cyberspace/csl_lessons.html
John Marshall School of Law: http://www.jmls.edu/cyber/index/index.html
Cyber Law Encyclopedia: http://www.gahton.com/cyberlaw/
U.C.L.A. Online Institute for Cyberspace Law & Policy: http://www.gseis.ucla.edu/iclp/hp.html
Learning Cyberlaw in Cyberspace:
Ivan Hoffman, B.A, J.D.:
Lexis-Nexis Academic Universe //web.lexis-nexis.com/universe
Cyberspace Law Abstracts: <http://www.ssrn.com/link/cyberspace-law.html>
GigaLaw Com: <http://www.gigalaw.com>
The Cyberlaw Informer: <http://cyberlawinformer.com>
This syllabus is a guide to class coverage. I reserve the right to change the schedule if circumstances make it necessary.
VII. OFFICE HOURS
Office hours must be strictly observed and these hours will be posted on the directory in the waiting area of the Accounting and Business Law Department. An appointment may be scheduled, however, if a student cannot come during these hours. Calls may be made at any time to my office telephone and my voice mail will record the message if I am not available. I will return your call as soon as possible.
VIII. LEGAL ADVICE
I am unable to give students legal advice since I am not bonded. A studenty may, however, contact Linda Cates, the free attorney for Baylor students, at (254) 710-3586, and obtain advice from her.
Email me at:
Blume Wing, Accounting Suite 120, Room 135