SYLLABUS

 

Law and the Internet

Steven Helle

Journalism 199

121B Gregory Hall

Spring 2002

University of Illinois

 

s-helle@uiuc.edu

 

Goals: Become familiar with First Amendment and statutory law relating to regulation of speech on the Internet.

Texts: The text is available at Dup-It Copy Shop, 808 S. Sixth Street, Champaign, although some assigned or recommended readings are available only from websites.  Assigned readings from websites on the Internet are specified in the syllabus. Please check the syllabus well enough in advance that you know when you will need access to the Internet to complete an assignment.  All readings should be brought to class to facilitate class discussion and review for examinations.

 

Grading:

An AA,@ as specified in the Code of Policies and Regulations Applying to All Students, is meant to indicate Aexcellent@ work. An AA@ in this class will only be awarded to work of the highest caliber. The best students pay attention to detail. Errors in spelling or grammar indicate a lack of precision in thought and can quickly reduce the grade to AB@ or lower. Any violation of academic integrity (it is assumed that you have read rule 33 of the Code and the Comments; if you haven=t, please do so) will be penalized with a failing grade on the assignment or a failing grade in the course. All work is assumed to be original, unless there is appropriate citation. Work passed off as original that is not constitutes plagiarism (see rule 33). Collaboration in test-taking or in producing the content for assignments is also considered a violation of academic integrity, unless the assignment specifies joint work. Late assignments will be penalized one letter grade immediately after the deadline, and one letter grade for each day late thereafter.

 

Scavenger hunt B 5%

 

Paper and presentation on cookies – 10%

 

Test I – 25%

 

Test II – 25%

 

Test III – 25%

 

Class discussion (quality, not quantity) B 10%

Agenda: (note that assignments are listed on the day due or to be discussed)

Tuesday, Jan. 15 B Introductions, search engine overview

Thursday, Jan. 17 B Open class; meet with instructor in office during classtime if problems with upcoming assignment.

Complete e-mail survey and scavenger hunt and e-mail to instructor by 8:30 a.m. today.

Tuesday, Jan. 22 B Presentations on “cookies” (the kind placed on a computer hard drive while web surfing, not the kind upon which one munches – they have no bad side)

            Assignment: Cookies – Good or Bad?

            Each student will be assigned to take the pro or con position in an oral presentation.

By 5 p.m. today, all students should place a position paper of at least 500 words in the instructor’s mailbox in the College office, 119 Gregory Hall.  This paper is to present the position opposite the one presented orally.  Hand in a hard copy of the posted position by 5 p.m. today whether you are presenting today or not.

Students will be paired with another student to present the position they were assigned in a five-minute presentation.  Only the presenting students and the instructor will be present, although students who have already presented may attend any subsequent oral presentations if they wish. At the end of each presentation, the student taking the contrary position should ask a question isolating what he or she considers a weakness in the argument, and that student has the option of asking a related follow-up question.

 

Thursday, Jan. 24 –  Cookie presentations continued

 

Tuesday, Jan. 29 –  Cookie presentations concluded

 

Thursday, Jan. 30 – Why a First Amendment?             

http://caselaw.lp.findlaw.com/data/constitution/amendment01/  and, particularly, http://caselaw.lp.findlaw.com/data/constitution/amendment01/07.html

Regardless of Frontiers: Protecting the Human Right to Freedom of Expression on the Global Internet B Excerpts from a report sponsored by the Global Internet Liberty Campaign (1998).  (The full report is available on the Web at http://www.cdt.org/gilc/report.html )

Tuesday, Feb. 5 B First Amendment as applied

Adoption and the common-law background at http://caselaw.lp.findlaw.com/data/constitution/amendment01/06.html (need only read last  paragraph (text accompanying footnotes 16 to Supp. 19)) and 14th Amendment, section 1 at http://caselaw.lp.findlaw.com/data/constitution/amendment14/

Turner v. FCC I (note the two different tests that the Justices discuss: strict scrutiny and the intermediate O'Brien test)

Thursday, Feb. 7 B First Amendment doctrine regarding prior restraint

Tuesday, Feb. 12 – No class

 

Thursday, Feb. 14 B Prior restraint in cyberspace

Tuesday, Feb. 19 B Obscenity

Thursday, Feb. 21 B Obscenity (cont.)

Tuesday, Feb. 26 B Midterm I

Thursday, Feb. 28 – Indecency and the concern for children

Tuesday, March 5 B Indecency on the Internet

Thursday, March 7 B Material harmful to minors on the Internet

Tuesday, March 12 B Blocking software in libraries

Thursday, March 14 B Copyright

March 16-March 24 – No class; spring break.

Tuesday, March 26 B Copyright cont.

Sony Corp. v. Universal City Studios, Inc., the Betamax case

            Playboy Enterprises, Inc. v. Frena

            Intellectual Reserve, Inc. v. Utah Lighthouse Ministry

Thursday, March 28 B Downloading music

            A&M Records v. Napster, Inc., the decision of the Court of Appeals for the Ninth Circuit

Napster Plays Dodgeball with Music Biz (http://www.zdnet.com/zdnn/stories/news/0,4586,2314760,00.html)

Recording industry sues music start-up, cites black market

(http://news.cnet.com/news/0-1005-200-1485841.html?tag=st.ne.1002.)

David Boies: The Wired Interview (http://www.wired.com/wired/archive/8.10/boies.html)

Tuesday, April 2 B More DMCA: DeCSS

Universal City Studios v. Corley

"If code that can be directly compiled and executed may be suppressed under the DMCA, as Judge Kaplan asserts in his preliminary ruling, but a textual description of the same algorithm may not be suppressed, then where exactly should the line be drawn?  This web site was created to explore this issue, and point out the absurdity of Judge Kaplan's position that source code can be legally differentiated from other forms of written expression."   http://www-2.cs.cmu.edu/~dst/DeCSS/Gallery/

Thursday, April 4 B Test II

Tuesday, April 9 B Trademarks on the Web

 

Thursday, April 11 – Meta-tags, framing, and linking

Tuesday, April 16 B Seniority in trademarks on the web

            Brookfield Communications v. West Coast Entertainment Corp.

Thursday, April 18 – Privacy

 

Tuesday, April 23 B Anonymity and torts on the web

            Talley v. California

            Dendrite v. John Does

            Immunomedics v. Jean Doe

            Schneider v. Amazon.com

 

Thursday, April 25 – Advertising on the web

Federal Trade Commission General Advertising Policies

FTC Rules of the Road for the Internet

FTC Dot Com Disclosures

Tuesday, April 30 – Test III