SYLLABUS
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Law and the Internet |
Steven Helle |
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Journalism 199 |
121B Gregory Hall |
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Spring 2002 |
University of Illinois |
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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.
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Scavenger hunt B 5% |
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Paper and presentation on cookies 10% |
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Test I 25% |
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Test II 25% |
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Test III 25% |
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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 instructors 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
Justice Brandeis's opinion in Whitney v. California
Near v. Minnesota
The Business Week case (Proctor & Gamble v. Banker's Trust)
Tuesday, Feb. 12 No class
Thursday, Feb. 14 B Prior restraint in cyberspace
Intel v. Hamidi
Ford Motor Co. v. Lane
Tuesday, Feb. 19 B Obscenity
Stanley v. Georgia
Miller v. California -- What is the test for obscenity?
Paris Adult Theatre I v. Slaton -- How is this case different than Stanley? What are the arguments for regulating obscenity? What are the Court's counterarguments?
Thursday, Feb. 21 B Obscenity (cont.)
47 U.S.C. sec. 230 -- Protection for private blocking and screening of offensive material
United States v. ThomasFree Speech Coalition v. Reno (The "virtual porn" case)
Tuesday, Feb. 26 B Midterm I
Thursday, Feb. 28 Indecency and the concern for children
FCC v. Pacifica, Inc.
Tuesday, March 5 B Indecency on the Internet
Reno
v. ACLU
Thursday, March 7 B Material harmful to minors on the Internet
Ashcroft v. ACLU
Tuesday, March 12 B Blocking software in libraries
Mainstream Loudoun v. Loudoun County library
Child Internet Protection Act
Thursday, March 14 B Copyright
Authority of Congress to establish copyright protection, ( http://caselaw.lp.findlaw.com/data/constitution/article01/), but just Article I, sec. 8, clause 8
Copyright Basics, from the U.S. Copyright Office ( http://www.loc.gov/copyright/circs/circ1.html), but you can skip the material on registration and international treatment of copyright.
Copyright Law of the United States of America, specifically (Note: When making hard copies of these sections, be careful not to hit the "Print" button on your browser, because it will copy the entire chapter of the Copyright Act. Instead, you might block and copy the particular provisions indicated below into a word processing program and then print them out.)
Sec. 102, Subject matter of copyright
Sec. 106, Exclusive rights in copyrighted
works
Sec. 107, Fair use
Sec. 110(5), Exemptions (but just
subsection 5 regarding performances in businesses)
Sec. 201, Ownership
Sec. 202, Distinction from ownership of
object
Sec. 302(a), (b) and (c), Duration of
copyright
Sec. 401, Notice
Sec. 504, Remedies
Sec. 512(a), (c)(1) & (2), (d), Online
limitations
Bitlaw on Technology Law (http://www.bitlaw.com/copyright/index.html)
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
E-mailed lessons (6) from Cyberspace law for non-lawyers
BUT note the provision from the Anti-CyberSquatting Act in reading Lesson #5. Also, check out the database at the website for the U.S. Patent and Trademark Office (http://www.uspto.gov/web/menu/search.html) where you can check for trademarks (go ahead, pick a trademark and search for it) in a development subsequent to Lesson #6
Panavision v. Toeppen
Recommended: http://www.lego.com/info/fairplay.asp (policy on use of LEGO trademarks and rationale for protection.
Thursday, April 11 Meta-tags, framing, and linking
Go to http://www.mcdonalds.com
If using Netscape, click on "View" at the top of the browser and then click on "Page Source." If using Microsoft Internet Explorer, click on "View" at top of the browser and then click on "Source."
In the source page that appears, read through the list of Meta Name keywords and subject -- these are examples of metatags.
FTD v. Originals Florist
Playboy Enterprises, Inc. v. Welles
Bally Total Fitness Holding Corp. v. Faber
For discussion; no readings:
Ticketmaster Corp. v. Tickets.com, Inc.
The Washington Post Co. v. TotalNews, Inc.
Tuesday, April 16 B Seniority in trademarks on the web
Brookfield Communications v. West Coast Entertainment Corp.
Thursday, April 18 Privacy
Smyth v. Pillsbury Co.
Felsher v. University of Evansville
Kids' privacy -- COPPA FAQs
Opt-in vs. opt-out and other privacy issues
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
Tuesday, April 30 Test III