JJUA55226U Introduction to Digital Law in the EU and the US - NOTE: THE COURSE IS CANCELLED IN THE SPRING SEMESTER 2018
Digitization has transformed the legal and contractual relationships between undertakings, citizens and governments. As more data is being collected, stored, exchanged and used electronically, business opportunities and concomitant risks and duties arise, with respect to data privacy and security. The digital revolution is changing the concepts of property, liability, commerce, public space, currency and dispute resolution. At the same time it is creating new ethical concerns and requires specifically designed regulations and remedies. The course introduces the students to a wide variety of topics brought by digitization, helps them identifying the digital risk areas and meeting the legal challenges thereof.
The course is case law and research based. The course leader reserves the right to amend the course readings provided more updated or relevent data occurs between the proposal and the implementation of the course.
The course seeks to familiarize students not only with the understanding of black letter law but also to discuss the rationale behind this particular field of law. Thus, it is focused both on theoretical and practical issues, as well as possible solutions, as they appear from legislation and relevant case law.
In terms of knowledge, students will be able to:
- describe and explain concepts as defined by law and developed
- explain various policy considerations (i.e.: need for regulation, for remedial action, for consumer protection)
- gain knowledge of ethical and moral issues concerning various aspect of digitzation and automatization
As a result students will develop the ability to:
- understand general rules and principles of "digital"
law and to apply them in national and cross-border
- identify and understand the different aspects and implications of digital environment and products, as well as the transformation of legal concepts and institutions due to digitization and automatization
- analyze the policy rationales underlying the different regulatory choices and to argue on their strengths and weaknesses
At the end of the course, students will have acquired a number of competences which will enable them to:
- identify abusive practices in the digital environment and
possible remedies for aggrieved consumer in real life
- individually and/or jointly plan, work and handle complex cases, carry out jurisprudential analysis and prepare competent legal advice on practical issues or hypotethicals
- critically reflect on current and future developments in the field in both a Danish and international context.
Digital Privacy/Security – Data protection, identity theft, spoofing, computer hacking (link to Personal Data Law in Danish)
Andrej Savin & Jan Trzaskowski – Research Handbook on EU Internet Law, Edward Elgar, 2014, 'Data protection reform and the Internet: the draft Data Protection Regulation', pp. 543-569 – 26 pages
Maurice Dawson & Marwan Omar – New Threats and Countermeasures in Digital Crime and Cyber Terrorism, IGI Global, 2015, Chapter 6 ‘Legal Issues – Security and Privacy with Mobile Devices’, pp. 95-105 – 10 pages
John A Spanogle et all - Consumer Law. Cases and Materials, 4th edition, West, 2013, 'Online Privacy' pp 530-553 – 23 pages
Total number of pages 59.
Digital contracts – E-terms and conditions, standard terms (link to Information Technology Course in Danish)
Jan Trzaskowski et all – Introduction to EU Internet Law, EX Tuto Publishing, 2015, 'Contracts' pp 265-283 and 'Performance of Contracts: Sales Law & Payment', pp. 285-302 – 35 pages
John A Spanogle et all - Consumer Law. Cases and Materials, 4th edition, West, 2013, ' What are the terms of the deal? – Herein of Shrinkwrap, Clickwrap, Browserwrap and Rolling Contracts' pp. 317-337 – 20 pages
Total number of pages 67
Digital commerce – E-commerce, E-warranty (link to Consumer Protection Law in the EU and the US in English)
Andrej Savin & Jan Trzaskowski – Research Handbook on EU Internet Law, Edward Elgar, 2014, 'E-Commerce in the Single Market context – the invisible framework', pp. 285-312 and 'Commercial communication in social media', pp. 411-431 – 47 pages
Total number of pages 47
Digital justice – E-dispute resolution (link to Consumer Protection Law in the EU and the US in English), E-judicial action
Pablo Cortes – Online Dispute Resolution for Consumers in the European Union, Routledge, 2011, Chapter 2 ‘Online dispute resolution: An emerging option for consumer redress’, pp. 51-93, Chapter 5 ‘A legal framework to develop consumer ODR in the EU’, pp. 181-212.
Sutatip Yuthayotin – Access to Justice in Transnational B2C E-Commerce, Springer Law, 2015, Subchapter 7.3.2. Dispute Settlement Mechanisms, pp. 236-240.
Total number of pages – 77
Digital property – E-property, a new concept
Daniel Martin – Dispersing the Cloud: Reaffirming the Right to Destroy in a New Era of digital Property, 74 Wash. & Lee L. Rev. 467 (2017), pp. 467-
Anusha Wijewickrama – Dixon v R – Property in Digital Information?, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2979863##, 33 pages.
Total number of pages 33
Digital IP rights – Use of file-sharing files, digital piracy (link to Information Technology Course in Danish)
Andrej Savin & Jan Trzaskowski – Research Handbook on EU Internet Law, Edward Elgar, 2014, 'Limitations to copyright in the digital age', pp. 110-143 – 33 pages
Jessica Reyman – The Rhetoric of Intellectual Property, Routledge, 2010, Chapter 1 ‘Copyright, Authorship, and the Internet’, pp 1-25 – 24 pages
Total number of pages 57
Digital Public Space – Use of social networks
Jacquelyn Burkell & all – Facebook: public space, or private space?, Information, Communication and Society Journal, Volume 17, 2014, Issue 8, pp. 974-985,
Jean Camp & Y.T. Chien – The Internet as public space: concepts, issues and implication in public policy, ACM SIGCAS Computers and Society, Volume 30, Issue 3, September 2000, Pp 13-19.
Jan Trzaskowski et all – Introduction to EU Internet Law, EX Tuto Publishing, 2015, ' Freedom of Expression, Content Control and ISP Liability, pp. 43-53 – 10 pages.
Total number of pages 27.
Digital Citizenship – Public digital services – e-tax, e-administration.
Karen Mossberger & all – Digital Citizenship. The Internet, Society and Participation, the MIT Press, 2008, Chapter 1 ‘Defining Digital Citizenship’ pp 1-21, Chapter 6 ‘Broadband and Digital Citizenship’ pp. 123-139.
Andrej Savin & Jan Trzaskowski – Research Handbook on EU Internet Law, Edward Elgar, 2014, 'Legal evidence in a digital context: will signatures disappear?' pp 432-459 – 27 pages
Total number of pages 64.
Digital Regulatory Law
Andrej Savin & Jan Trzaskowski – Research Handbook on EU Internet Law, Edward Elgar, 2014, ' EU Internet policy', pp. 3-37 – 34 pages
Douglas J Whaley – Problems and Materials on Consumer Law, 7th edition, Wolters Kluwer, 2013, 'Consumers in Cyberspace' pp. 747-769 – 22 pages
Total number of pages 56.
Digital Currency and Payment Services – Bitcoin
James Cox – Bitcoin and Digital Currencies. The New World of Money and Freedom, Laissez Faire Books, 2013, Chapter 8 ‘What is Bitcoin?’, Chapter 9 ‘The Bitcoin Economy’, Chapter 15 ‘The Future of Digital Currency and the Death of Bitcoin 1.0’, pp. 38-48, 76-83 – 17 pages.
John A Spanogle et all - Consumer Law. Cases and Materials, 4th edition, West, 2013, 'Internet Payment Services' pp. 635-642, 7 pages
Jan Trzaskowski et all – Introduction to EU Internet Law, EX Tuto Publishing, 2015 'Performance of Contracts: Sales Law & Payment', p 302-307 – 5 pages
Total number of pages – 29.
Digital Media – e-News, fake news, news piracy
Victoria Smith Ekstrand – News Piracy and the Hot News Doctrine. Origins in Law and Implications for the Digital Age, LFB Scholarly Publishing LLC, New York, 2005, Chapter 1 ‘Introduction: The Scope of Piracy’, pp. 6-10; Chapter 5: NBA v Motorola and the New Boundaries of Hot News’ pp. 119-153, - 28 pages
Andrej Savin & Jan Trzaskowski – Research Handbook on EU Internet Law, Edward Elgar, 2014, 'EU Internet law in the era of convergence: the interplay with EU telecoms and media law' – pp 60-81 and 'Hate and harm: the law on hate speech' pp 488-508 – 41 pages
Total number of pages 69.
Digitization and Automatization – Self-Driving Cars, Robots, Drones
Emma Wright – The Legal Challenges for Autonomous Vehicles, https://betanews.com/2016/10/21/legal-challenges-self-driving-cars/, 2 pages
Peter M Asaro – Robots and Responsibility from a Legal Perspective, online source, 5 pages
Chris Holder & all – Robotics and Law: Key Legal and Regulatory Implications of the robotics age, Computer Law & Security Review 32 (2016) pp. 383-402. – 19 pages
Total number of pages 26.
Digital Remedies – Reporting wrongdoings, civil/criminal redress
Chris Reed (ed) – Computer Law, 7th edition, Oxford, 2011, 'Computer Crime and Information Misuse', pp. 681-728 – 47 pages
Total number of pages 47 pages.
TOTAL NUMBER OF PAGES FOR THE COURSE - 658
- reading the assignments for each class in advance,
- deliver presentations and provide feedback to their peers,
- working on assignments (either individually or in groups, as the case may be),
- working out solutions for the cases and hypoteticals distributed,
- engaging in the exchange of ideas throughout the classes and other activities required by the professor.
The course aims to make use of multiple types of feedback in order to ensure, on the one hand, the constant communication between teacher and students, and, on the other hand, that students understand what is expected of them and learn the outcome of their work througout the course.
- 15 ECTS
- Type of assessment
- Written examination, 4 hours under invigilationWritten exam, 4 hours with invigilation
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
May 30, 2018
August 21, 2018