| CODE | ECL5043 | ||||||||||||
| TITLE | EU Information Technology Law | ||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||
| MQF LEVEL | Not Applicable | ||||||||||||
| ECTS CREDITS | 12 | ||||||||||||
| DEPARTMENT | European and Comparative Law | ||||||||||||
| DESCRIPTION | “Cyberspace” “the information superhighway”, “Internet”, … have all become part of our daily vocabulary, with much being said and written on the social, economic and technical efforts thereof. This course focuses upon the legal implications of the development of the information market, with an examination of various initiatives, proposals, recommendations and legal mechanisms proposed or taken at a European and international level. It commences with an overview of Information Law and Access to Information Legislation. Here the student will be encouraged to examine and assess the meaning of information and its regulation in the networked world. The focus will then move to a consideration of the effect of the convergence of technologies in the exchange of information, storage, manipulation and sharing of information. It will include an examination of the concepts of freedom of information, the right to privacy and data protection and freedom of expression. The initial overview on Information Law is followed by an analysis of various topics such as: - electronic commerce: Here the student is introduced to the sources of law regulating electronic transactions. It aims to develop an understanding of the regulatory framework relating to electronic business transactions, starting with the simple formation of a binding electronic contract, and moving to complex issues of data protection, intellectual property rights, electronic liabilities, e-payments and financial transactions, and dispute resolution. At the end of this section, the student is also introduced to intellectual property mechanisms for the protection of computer software and hardware, product liability and tortious liability. A number of important judgements and principles established in these cases (such as the ‘fitness for purpose’ principle) are reviewed here. - computer crime: The aim here is to explore the legal issues surrounding criminal conduct in information technologies. It will examine the evolution of criminal law relative to computer and on-line conduct and how these developments are being extended to new converging technologies. It will include an examination of (a) what conduct is considered criminal and the reasons for the conduct to be considered criminal; (b) the main problems in controlling criminal behaviour on the Internet and other converged environments; (c) the issues (such as concerns on privacy and other fundamental rights) surrounding the collection of evidence and prosecution of criminal behaviour on the Internet; and (d) the implications of cybercrime on traditional notions of state sovereignty. Learning Outcomes: There are at least two sets of learning outcomes for this study unit: generic and topic- specific outcomes. At a generic level, on the successful completion of this study unit, a student will be able to: a. Evaluate the different legal issues in the field of Information Technology law; b. Critically analyse the key statutory European and International regulation in the field; c. Critically assess the effectiveness of the law in these fields; d. Critically examine the effectiveness of self-regulation and other non-statutory regulatory approaches in the field; e. Critically analyse the underlying political, economic or social factors and issues that have influenced legislators, policy makers and judges in the emergence, development and interpretation of the law. At a topic-specific level: At the end of the study unit the student will be able to: (For electronic commerce section) a. Critically evaluate the different legal issues in the field of e-commerce law; b. Critically analyse the European and International regulation in the field; c. Critically assess the effectiveness of the law in these fields; d. Critically analyse the underlying political, economic or social factors and issues that have influenced legislators, policy makers and judges in the emergence, development and interpretation of the law; e. Critically evaluate the relationship of e-commerce legislations and other areas in cyberlaw, such as data protection. (For computer crime section) a. Demonstrate a systematic understanding of how developments in information technology are creating opportunities for harmful behaviour and be able to engage in a critical debate about that impact; b. Exhibit a critical awareness of the different legal issues surround the regulation of cybercrime; c. Critically analyse key statutory international and national regulation in the field and the effectiveness of regulation; d. Critically analyse the underlying political, economic or social factors and issues that have influenced legislators, policy makers and judges in the emergence, development and interpretation of the law. e. Critically evaluate the relationship between criminal law and human rights provisions in the regulation of cybercrime. Reading Material: At the beginning of each section of this study-unit students will be given an updated list of printed and electronic materials. The study unit leaders will make extensive use of the University of Malta’s e-learning space. The following is an indicative list of reading material: Books - Bainbridge, David I. (2004) Introduction to computer law, 5th edition, Harlow: Pearson/Longman - Benkler, Yonchai (2006) The wealth of Networks: How social production transforms markets and freedom, New Haven, Connecticut: Yale University Press - Campbell, Lynn (Editor) (2005) Legal Issues in Electronic Commerce, 2nd Edition, Canada: Captus Press - Edwards, Lilian (Editor) (2005) The new legal framework for e-commerce in Europe. London: Hart Publishing - Johnson, Thomas A. (ed) (2006) Forensic computer crime investigation Boca Raton, Fla: CRC - Lessig, Lawrence (2006) Code: Version 2.0. New York: Basic Books - Lloyd, Ian J. (2004) Information technology law, 4th edition, Oxford: Oxford University Press - Lodder, Arno and H. Kaspersen (Editors) (2002) eDirectives: Guide to European Union Law on E-commerce, The Hague: Kluwer Law International - Reed, Chris (2004) Internet law: text and materials, 2nd edition, Cambridge: Cambridge University Press - Reed, Chris and John Angel (2007) Computer law: The law and regulation of information technology, 6th edition, Oxford: Oxford University Press - Rowland, Diane (2005) Information technology law, 3rd edition, London: Cavendish - Smith, Graham J.H. (ed.) (2000) Internet law and regulation, 3rd edition, London: Sweet & Maxwell - Stokes S. and R. Carolins (Editors) (2004) Encyclopedia of E-commerce Law, London: Sweet & Maxwell - Stoll, Cliff (1989) The cuckoo's egg, London: The Bodley Head - Todd, Paul (2005) E-commerce law. London: Cavendish Publishing - Wall, David S. (ed.) (2001) Crime and the internet New York: Routledge Journal Articles - Balkin, Jack M. (2004) Digital Speech and Democratic Culture: a theory of freedom of expression for the information society, New York University Law Review, Vol. 79, No, 1, p1 - Brenner, Susan W. (2004) Cybercrime metrics: old wine, new bottles? Virginia Journal of Law & Technology Vol. 9 p13 - Brenner, Susan W. and Bert-Jaap Koops (2004) Approaches to cybercrime jurisdiction. Journal of High Technology Law Vol. 4 p1 - Froomkin, A Michael (1996) Flood Control on the Information Ocean: Living With Anonymity, Digital Cash, and Distributed Databases, University of Pittsburgh Journal of Law and Commerce Vol.15 p395 - Gillette, Clayton P. (2002) Reputation and Intermediaries in Electronic Commerce Louisiana State University Law Review, Vol. 63 - Guadamuz, Andres (2003) eBay Law: The Legal Implications of the C2C Electronic Commerce Model Computer Law & Security Report, Vol. 19, No. 6, pp.468-473 - Goldstone, David and Betty Shave (1999) International Dimensions of Crimes in Cyberspace. Fordham International law Journal Vol. 22 p1924 - Goodman, Marc D and Susan W Brenner (2002) The emerging consensus on criminal conduct in cyberspace. International Journal of Law and Information Technology Vol. 10 p139 - Hörnle Julia, (2003) Online Dispute Resolution: the Emperor's New Clothes, International Review of Law, Computers & Technology, Vol. 17 Issue 1 pp.27-37 - Hörnle Julia, (2005) Country of Origin Regulation in Cross-Border Media: One Step Beyond the Freedom to Provide Services? International Comparative Law Quarterly Vol. 54 pp89-126 - Katyal, Neal Kumar (2003) Digital Architecture as crime control. Yale Law Journal Vol. 112 p2261 - Kobayashi, Ichiro (2005) Private Contracting and Business Models of Electronic Commerce University of Miami Business Law Review, Vol. 13, No. 2 - Lodder, Arno R., "European Union E-Commerce Directive - Article by Article Comments" . Guide to European Union Law on E-Commerce, Vol. 4 Available at SSRN: http://ssrn.com/abstract=1009945 - Maggs, Gregory E. (2002) Regulating Electronic Commerce American Journal of Comparative Law, Vol. 50, p. 665 - O’Neill, M.E. (2000) ‘Old crimes in new bottles: sanctioning cybercrime’ George Mason Law Review Vol. 9 p237 - Reidenberg, Joel & Lorrie Cranor (2002) Can User Agents accurately represent privacy policies? Available at SSRN: http://ssrn.com/abstract=328860 - Reidenberg, Joel (2001) The yahoo case and the International Democratization of the Internet, Fordham Law & economics Research Paper No 11 - Reidenberg, Joel (2003) Privacy Wrongs in Search of remedies, Hastings Law journal Vol. 54 p877 - Sutter, Gavin (2002) Don’t shoot the Messenger? The evolution of liability for third party provided content in the UK. Bileta Conference April 2002 - Swire, Peter P. (2003) Trustwrap: The Importance of Legal Rules to Electronic Commerce and Internet Privacy Hastings Law Journal, Vol. 54 - Wall, David, S. (1998) Catching Cybercriminals: Policing the internet. International Review of Law Computers and Technology Vol.12 p201 - Zittrain, Jonathan (2003) Internet Points of Control, British Colombia Law Review 653-688 |
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| STUDY-UNIT TYPE | Lecture | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Mireille-Martine Caruana |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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