Course Syllabus

• Know how to reduce the liability exposure of an e-business;

• Recognize the areas of law on Internet reform as part of the public debate;

• Recognize some of the ethical issues relevant to an online business;

• Develop a competency level of legal issues that's useful in serving in a consulting capacity to an online business.

COURSE CONTENT:

9/11 Introduction/syllabus/course description, Chapters 1 (Technology and Cyberlaw)

9/18 Chapters 1 and 2 (Jurisdiction)

CHAPTER 2 CASES

Bensusan Restaurant Corp. v. King, 937 F. Supp. 296 (S.D.N.Y. 1996)

Beyond Sys, Inc. v. Realtime Gaming Holding Co., 388 Md 1 (2005)

Pavlovich v. Superior Court of Santa Clara Co. & DVD Copy Control Assn Inc.,

58 P.3d 2 (2002).

9/25 Chapters 3 (Trademarks) and 4 (Copyrights), LIBRARY TRIP

CHAPTER 3 CASES

Checkpoint Systems, Inc. v. Checkpoint Software Technologies, Inc., 269 F.3d 270 (3^rd Cir. 2001)

E&J Gallo v. Spiderweb, 129 F. Supp. 2d 1033 (S.D. Tex. 2001), aff’d, 286 F.3d 270 (5^th Cir. 2002)

Playboy Enterprises, Inc. v. Welles, 162 F. 3d 1169 (9^th Cir. 2002)

Julia Roberts v. Russell Boyd, Administrative Panel Decision, Case No. D2000-0210

Toys ‘R’ Us v. Akkaoui, 40 U.S.P.Q. 2d 1836 (N.D. Cal. 1996)

Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992)

CHAPTER 4 CASES

Eldred v. Ashcroft, 123 S. Ct. 769 (2003)

Ellison v. Robertson, 357 F.3d 1072 (9^th Cir. 2004)

MGM Studios, Inc. v. Grokster, Ltd, 380 F.3d 1154 (9^th Cir. 2004)

Religious Technology Center v. Netcom, 907 F. Supp. 1361 (N.D. Cal. 1995)

A&M Records, Inc. et al. v. Napster, Inc., 239 F. 3d 1004 (9^th Cir. 2001)

10/2 Chapters 4 and 6 (Online Contracting)

CHAPTER 6 CASES

Caspi v. Microsoft, 732 A.2d 528, cert denied, 743 A.2d 851 (1999)

Comb v. Paypal, 218 F.Supp. 2d 1165 (N.D. Cal 2002)

ProCD v. Zeidenberg, 86 F.3d 1447 (7^th Cir. 1996)

Specht v. Netscape, 306 F.3d 17 (2^nd Cir. 2002)

Walgreen’s v. Wisconsin Pharmacy Board, 217 Wis.2d 290, 577 N.W.2d 387 (1998)

10/9 Chapters 6 and 7 (Taxation)

CHAPTER 7 CASES

Brand X v. FCC, 345 F.3d 1120 (2003)

National Bella Hess v. Dept. of Revenue (of Ill.) 386 U.S. 753 (1967)

Quill v. N. Dakota, 504 U.S. 298 (1992)

Scripto v. Carson, 362 U.S. 207 (1960)

10/16 Chapter 7 (Taxation) / Midterm review

[FINAL PRJOECT FACT PATTERN DUE]

10/23 MIDTERM EXAMINATION

10/30 Chapters 9 (Privacy) and 10 (Obscenity)

[FINAL PROJECTS ASSIGNED]

CHAPTER 9 CASES

Felsher v. Univ. of Evansville, 755 N.E.2d 589 (2001)

In Re Doubleclick, Inc., 154 F.Supp. 497 (S.D.N.Y. 2001)

Katz v. U.S., 389 U.S. 347 (1967)

Remsburg v. Docusearch, 149 NH 148 (2003)

Smyth v. Pillsbury, 914 F.Supp. 97 (E.D. Pa. 1996)

CHAPTER 10 CASES

American Libraries Association v. Pataki, 969 F.Supp. 160 (1997)

Ashcroft v. ACLU, 535 U.S. 564 (2002)

Miller v. California, 413 U.S. 15 (1973)

Osborne v. Ohio, 495 U.S. 103 (1990)

U.S. v. Thomas, 74 F.3d 701 (6^th Cir.), cert denied 117 S.Ct. 74 (1996)

U.S. v. Playboy Entertainment Group, Inc., 529 U.S. 803 (2000)

11/6 QUIZ #1 (covered chapters 1 thru 10 are fair game)

Presentation of Chapters 10 and 11 (Defamation)

CHAPTER 11 CASES

Blumenthal v. Drudge, 992 F.Supp. 44 (D.D.C. 1998)

Patent Wizard v. Kinkos, 163 F.Supp.2d 1069 (2001)

Stratton Oakmont v. Prodigy, 1995 N.Y. Misc. Lexis 229, 1995 WL 323710 N.Y.

Sup.Ct. (1995)

11/13 QUIZ #2 (covered chapters 1 thru 11 are fair game)

Presentation of chapters 11 and 12 (Internet and Information Security)

CHAPTER 12 CASES

Karn v. Dept. of State, 925 F.Supp 1 (D.D.C. 1996)

Kyllo v. U.S., 533 U.S. 27 (2001)

Universal Studios, et al. v. Corley, 273 F.3d 429 (2^nd Cir. 2002)

U.S. v. Scarfo, 180 F.Supp. 2d 572 (D.N.J. 2001)

11/20 QUIZ #3 (covered chapters 1 through 12 are fair game)

Presentation of chapters 12 and 13 (Internet and Computer Crime)

CHAPTER 13 CASES

U.S. v. Morris, 928 F.2d 504 (2^nd Cir.), cert denied, 502 U.S. 817 (1991)

U.S. v. Czubinski, 106 F.3d 1069 (1^st Cir. 1997)

U.S. v. Hilton, 167 F.3d 61 (1^st Cir) cert denied, 120 S.Ct. 115 (1990)

U.S. v. Sample, 213 F.3d 1029 (8^th Cir. 2000)

U.S. v. Rothberg, 222 F.Supp.2d 1009 (N.D. Ill. 2002)

11/27 QUIZ #4 (covered chapters 1 through 12 are fair game)

Presentation of Chapter 13

12/4 QUIZ #5

FINAL PROJECTS DUE

******************************************************************************

GRADING: The final grade for this course will be based upon one midterm examination (30%), five quizzes (6% each; 30% total), course participation (15% +/-*) and a Final Project (basically, a paper) (25%). There is no final exam in this course.

*COURSE PARTICIPATION GRADE. Your actual course participation grade may vary from about 7% to 13% of your total grade, give or take a percentage point or so. It consists of three components which are not necessarily considered equally: your attendance, your “in class” contributions (including any briefs that you may be required to turn in), and your “out of class” contributions. Your “out of class” contributions consist primarily of what I call “bonus point opportunities” (BPOs). Unless extreme circumstances are present, no student will receive more than 3 BPOs. BPOs are awared to students in general ways.

I. INTERNET BPOs are awarded to students who send me Internet links that meet ALL THREE of these criteria: (a) they are new and previously unknown to me, (b) I find them useful, interesting, or otherwise compelling, AND EITHER (c)(1) they are substantively related to the course material for ANY course that I teach at Hopkins OR (c)(2) I can somehow draw on the content in them to make me a better instructor.

II. IN-CLASS BPOs are awarded to students who, during class, say, point out or do something I find to be particularly useful or compelling; and,

III. CHALLENGE BPOs are occasionally awarded to students who respond to a competitive intellectual BPO challenge I pose during class.

Other grading issues: In addition to any other sanctions, any student who misses 3 or more classes will receive an automatic reduction of AT LEAST one full letter grade. Class participation grades will be based, in part, on the submission of case briefs which will be assigned to particular students from time to time. For the Case Review paper, each student will be assigned a legal case or issue to research. In a maximum five-page paper, the student will summarize that case in “Brief” format, and will research and summarize the subsequent cases which have cited to or amended the Case Review case.

You should presume that NO MAKE-UP midterm exam will be given. If a student fails to participate in the scheduled midterm, s/he will be presumed to receive ZERO (0) points for that test. In the event of illness or emergency properly documented by the student, the instructor MAY permit the preparation of a paper, in accordance with the specifications set by the instructor at his sole discretion, to supplement the exam. The topic for the paper would be chosen by the instructor (or by the student with the approval of the instructor).

Note well: a paper may not be done in lieu of the final exam!!!

FORMAT: This course utilizes lectures, case studies and problems. Students are required to

read the assigned materials in advance of the class period in which the materials will be discussed. Students are advised to be familiar with the problems at the end of the chapter, as these may be discussed in class, and possibly appear on an examination. Students will be expected to participate in class discussions of the materials. Briefing cases and outlining the chapters will greatly assist in learning of materials.

CHEATING: Students found cheating on an exam will fail the course and will be reported

to the appropriate authority.

HONOR: The strength of the University depends on academic and personal integrity. In this course, you must be honest and truthful. Ethical violations include cheating on exams, plagiarism, reuse of assignments, improper use of the Internet and electronic devices, unauthorized collaboration, alteration of graded assignments, forgery and falsification, lying, facilitating academic dishonesty and unfair competition.

For example, Students are on their HONOR to neither give nor receive unauthorized aid in the completion of case study or courtroom observation assignments. This means that each student MUST acknowledge any outside sources, with appropriate documentation. This also means that each student is expected to do his or her own work.

Report any violations you witness to the instructor. You may consult the associate dean of student affairs and/or the chairman of the Ethics Board beforehand. See the guide on “Academic Ethics for Undergraduates” and the Ethics Board website (http://ethics.jhu.edu) for more information.

ATTENDANCE: Students are expected to attend all class sessions except in cases of emergency (E.g., illness, death in family), the advent of religious holidays (the observance of which requires restriction of daily activity), or when participating in official University functions (e.g., field trips or athletic events). In the case of absence for special personal reasons other than those mentioned above, it is the responsibility of the student to confer with the instructor about whether the absence is to be considered as excused. When determining whether to excuse the absence, the instructor—at his sole discretion—may require documentary evidence.

On this point, due to abuses in the recent past, please note that attendance at “official” JHU activities is no longer considered an excused absence. This means that if you wish to attend sporting events, sports practices, fraternity or sorority events, or anything else other than my class, you run the risk of being given an unexcused absence. (Such to my approval, an exception MAY be made for events of which you apprise me BEFORE the second night of class).

GRADING STANDARDS:

93-100 Superior A

90-92 Excellent A-

87-89 Commendable B+

84-86 Good B

80-83 Conscientious B-

77-79 Satisfactory C+

73-76 Average C

70-72 Mediocre C-

67-69 Poor D+

63-66 Very Poor D

60-62 Most Poor D-

00-59 Unacceptable F