Course Information – January 2018 (as of January 17, 2018)
Introduction
This course examines the legal and policy issues relating to information technology (IT) from a comparative, global perspective. It covers wide range of issues involving how national governments regulate the technology of internet and how private citizens’ rights relating to internet are protected. Issues to be canvassed include privacy and personal data, internet jurisdiction, regulation of internet marketing, issues in electronic transactions, internet governance, domain name business models and disputes, intellectual property challenges for new business models, legal issues raised by cloud computing, as well as net neutrality and telecom regulation.
Each class will feature lecture and discussion on a specific topic with an emphasis on a comparative, global perspective that analyses legal, policy and regulatory approaches in Asia, North America, and Europe. Students will write a paper examining a related issue and provide the class with a short presentation on their preliminary findings.
Grading
The course grade is comprised of two parts.
1. 25% for a short class presentation on preliminary research on the final paper topic or a presentation on a relevant issue drawn from the student’s professional practice or experience. Presentations will occur during the last two days of the course.
2. 75% for a final paper on a topic related to the course. Paper topics must be approved by the professor in advance. Paper submission deadline is Monday, April 30, 2018 at 17:00.
Class Structure
Each class will begin with a brief mini-case study modelled on the business school case study approach. Students will consider the fact pattern, briefly partner to discuss potential responses, and then engage in a class-wide discussion. The case study will be followed by a seminar/lecture format that will include lectures, discussion, and video presentations. Class powerpoints will be posted after class.
Course Outline and Readings
January 8, 2018, 18:30 – 19:30 – Introduction to course (via video)
January 10, 2018- 18:30 – 21:30 – Jurisdiction – Which Law Applies Online?
Readings
- Geist, Is There a There There?
- Zippo v. Zippo.com
- Bangoura v. Washington Post
- Davydiuk v. Internet Archive Canada
- Equustek Solutions vs. Google
- Dr. Yeung, Sau Shing Albert v. Google Inc.
January 11, 2018- 18:30 – 22:00 – E-commerce Regulation – What Does It Mean When You Click I Agree
Readings
January 12, 2018 – 18:30 – 21:30 – Internet Governance
Readings
- Internet Governance Project, What Jurisdiction Does ICANN Belong To?
- CIGI, Who Runs the Internet? (skim)
- Stop the HK Takeover (scan)
January 13, 2018 – 9:30 – 12:30 – Domain Name Issues
Readings
Readings
- PIPEDA
- Data Protection in Hong Kong: An Overview
- Hong Kong regulator to begin review of data privacy laws
- Recent Developments in Hong Kong Personal Data Privacy Protection
- Law, Privacy and Surveillance in the Post-Snowden Era (read Geist chapter)
- R. v. Spencer
- R. v. Rogers Communications
- R. v. Marakah
- An Ordinance to regulate the conduct of interception of communications and the use of surveillance devices by or on behalf of public officers and to provide for related matters (Hong Kong)
- Surveillance, privacy and the right to know: A delicate imbalance in Hong Kong
January 17, 2018 – 18:30 – 21:30 – Digital Copyright
Readings
- CCH v. LSUC
- Hong Kong copyright bill explained: Why are people so concerned about this?
- Duncan Matthews, The Rise and Fall of the Anti-Counterfeiting Trade Agreement (ACTA): Lessons for the European Union
- Benkler et al, Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate
- Sell, The Global Upward IP Ratchet
January 18, 2018 – 18:30 – 22:00 – Net Neutrality and the TPP
18:30 – 19:30 – Lecture: “Digitizing Trade” – Academic Conference Centre, 11/F
19:30 – 22:00 – class resumes
Readings
- CRTC Internet traffic management decision, October 2009
- India TRAI, Recommendations on Net Neutrality, November 2017
- Lack of Net Neutrality Not Good News for New Territories
- FCC Release, Restoring Internet Freedom, December 2017
- The Year the Open Internet Came Under Siege
- Assessing Effects of the Trans-Pacific Partnership on Telecommunications, IP and Public Interest
January 19, 2018 – 18:30 – 21:30 – Student presentations
18:30 – 19:30 – LL.M. in IP track reception (A-901, 9F)
19:30 – 21:30 – class resumes
Presentations
- David Jeong – Legality of ad block software
- Raymond Fok – Big Data and Privacy
- Robert Edward Rigets – Data localization
- Wu Yan – Proposed legal protection for data in China
- MA Ruixin – HK privacy
- Ruby Chan – Is the Hong Kong data privacy law regime keeping up with technological development
- Eden Ng – Surveillance in Hong Kong
- Vivien Chiu – Internet memes
January 20, 2018 – 9:30 – 13:00 – Student presentations
Presentations
- Charles Wang – Chinese cybersecurity law
- Heyang Hao – Domain name disputes in China
- Tomke Brockmeyer – Concepts of information
- Cyrielle Jeziorny – Facebook case
- Bianca Ho – Fake News and platform responsibility
- Stephen Lee – Right to be forgotten
- Sarah Lung – Parody, satire, and USG
- Ricky Hui – Copyright and freedom of expression
- Celine Dee – Legal Challenges of a Tech Startup
- Group presentation – Disruptive Technology and Finance
- Wilson Yung
- Jacky Liu
- Arthur Chan
- Sea Wai