| CODE | ECL4013 | ||||||
| TITLE | EU Technology Law | ||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||
| MQF LEVEL | Not Applicable | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | European and Comparative Law | ||||||
| DESCRIPTION | This study-unit covers a selection of topics in the field of Information Technology Law. It will begin by considering the debate about the nature of the influence of information technology upon the development of new legal doctrine, moving on to consider, through topics such as data protection, computer misuse and computer evidence, copyright and digital rights management, criminal content liability and defamation, both how the law has responded to the challenges of information technologies, and the extent to which legal issues have shaped the development of information society policy. The focus will be on EU law. Throughout the study-unit consideration is given to national, European and international IT law and policy as appropriate. Comparative aspects will be introduced in places, and readings will include materials drawn from, amongst others, UK and US law journals. This study-unit does not require an in-depth understanding of contemporary computer technology – we are primarily interested in the implications of the use of information technology, and the intended and unintended consequences of regulating that use. Study-unit Aims: 1. Encourage a critical understanding of the features of Information Technology law; 2. Offer an opportunity to explore some of the legal and public policy challenges posed by the Internet, and information and communications technology; 3. Examine the fundamental principles of law that impact upon regulation in an information society with particular reference to contract, tort, intellectual property, criminal law, privacy, and data protection; 4. Present a context within which to investigate the inter-action between substantive law and other forms of regulation; 5. Consider how fundamental rights operate in a networked environment. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: • describe the relationship between law and information and communication technology (ICT) in relation to key IT issues (privacy/data protection, intellectual property law, cybercrime and regulation of Internet content); • describe and analyse the relevant law of the European Union (EU); • display understanding of the ways in which ICT challenges the application and enforcement of law on point; • display understanding of relevant soft law (e.g. guidelines, codes of practice); • understand the main ways in which (i) ICT affects the application of existing law, (ii) existing law affects the use of ICT, and (iii) ICT functions as a regulatory mechanism in itself; • critically evaluate ongoing developments in law relating to information technologies; • draw on the analysis and evaluation contained in primary and secondary sources. 2. Skills: By the end of the study-unit the student will be able to: • interpret and apply legal rules in relation to key IT issues (privacy/data protection, intellectual property law, cybercrime and regulation of Internet content); • elucidate and critically assess the challenges posed by ICT to law in relation to key IT issues, including assessment of the efficacy of law in the digital environment; • critically review national, EU, and international IT law and policy; • engage in conceptual debates in key areas of information technology law; • identify potential legal issues related to information technology law; • use key online and offline IT legal resources; • undertake critical analysis of legal material. Main Text/s and any supplementary readings: The current editions of the five best known information technology law textbooks are: Rowland, D., Kohl, U. & Charlesworth A. Information Technology Law, (4th ed.) Routledge, 2011, ISBN: 978-0-415-48237-0 Lloyd, I. Information Technology Law (7th ed.), OUP, 2014, ISBN: 978-0-19-870232-0 Murray, A. Information Technology Law (2nd ed.) OUP, 2013. ISBN: 978-0-19-966151-0 Reed, C. & Angel, J. (eds.) Computer Law (7th ed.) Oxford University Press, 2012, ISBN: 978-0-19-969646-8 Bainbridge, D. Introduction to Information Technology Law, (6th ed.) Longman, 2007, ISBN: 978-1-40-584666-0 The area of Information Technology Law is a fast moving one. As such, it can be difficult to find textbooks which are up-to-date with current developments, as textbooks can often be 12 months behind current developments even at the time of their publication. Journal articles are often the best source of more recent information, and have the added advantage of often being available electronically via the WWW. Primary materials, such as legislation and caselaw, as well as other useful secondary material are also often published on-line and, as a result, learning how to search Internet resources effectively is an increasingly important skill. There are a wide range of websites relevant to the course. As Information technology law is a rapidly developing area, the law is often challenged to respond to the many advances in technology. It is therefore important to keep abreast of developments. Key websites that will assist with this include: European Commission – Digital Agenda Portal http://ec.europa.eu/digital-agenda/ European Commission - Data Protection http://ec.europa.eu/justice/data-protection/index_en.htm |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||
| STUDY-UNIT TYPE | Lecture and Independent Study | ||||||
| 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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