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Stetson University College of Law | |
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Stetson University College of Law | |
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Course Overview and
Syllabus |
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(This Page was Last updated on 05/20/04)
Index
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STUDENT PAPERS
This seminar will examine whether "the law" is keeping pace with the rapid growth of business being conducted over computer networks and the Internet. We will all be exploring these topics together, with your grade based upon a combination of your classroom participation, a brief presentation, and a paper. This will be a collaborative expertise where we will draw upon each others efforts in exploring the topics to be considered. The seminar can and will change as we proceed through the semester.
The Internet has already changed the way business is conducted, and both the volume and types of transactions handled "online" will continue to grow rapidly as the technology, and confidence in the technology, develops further. Accordingly, looking at the issues from the perspective of a merchant interested in pursuing "electronic commerce" rather than the point of view a government seeking to "control" the impact of computer technology, we'll examine topics such as the formation, terms, and enforceability of electronic contracts; the security, privacy, and taxation of online transactions; the commoditization of information; emerging legal exposures for online operations; and the basic problem of determining what law applies to these issues.
E-commerce is an increasingly "hot" topic, and there have been a number of new measures on both the domestic and international level aimed at addressing these issues, such as the UNCITRAL Model Law on Electronic Commerce; NCCUSL's model laws, UCITA (Uniform Computer Information Transactions Act), and UETA (Uniform Electronic Transactions Act); the Digital Millennium Copyright Act; and a variety of foreign initiatives, especially concerning privacy and e-commerce. Thus, there are a number of important new legal developments to consider.
The fundamental unifying question at the core of this seminar, however, is whether traditional legal rules and doctrines are adequate in the age of the Internet, or whether the law needs to develop in new ways to accommodate the impact of computerized communication technologies and the global conduct of business "online"?
There are few settled "answers" to the issues we'll examine, which means that this may be very different from other courses you have taken in law school. Moreover, as a seminar, this will be a collaborative exercise and not a series of lectures intended to impart a discrete body of settled "black letter" law. Your participation in researching and developing the issues will be crucial.
Extensive experience with computers or the Internet, however, is not a prerequisite for the seminar. (See Technical Requirements below.) By the end of the course you should have gained a basic understanding of some of the leading policy debates concerning the conduct of business on the Internet, and how commercial law is being influenced by the continued spread of networked digital technologies.
- Required:
There is no formal required text.
"Handout" materials will be available from the Downloadable Course Materials page, which requires a special password for access. You will need to email me before the first class to get this password. Other materials will be distributed in handouts or gathered from the World Wide Web itself as the semester progresses.
When new materials are added, they will be distributed electronically, provided in class, or placed in the E-Commerce Seminar box in the Faculty Secretaries' Office. You are responsible for picking up the handouts from the Computer Law Seminar box in the Faculty Secretaries Office, and for checking the web sites listed in this Syllabus or distributed by email, in advance of each class. A failure to do so will adversely affect your classroom participation credit.
Information on the Web is identified by an electronic address or Uniform Resource Locator (URL). For example, the electronic address for this page is <http://www.law.stetson.edu/fitz/courses/e-commerce/>.
Only a few "links" to URLs on the Web are listed in the initial Syllabus. Each of you will be responsible for locating additional "links" which are useful or important for each topic on the Syllabus, and recommending their addition to this web page. Thus, the list of readings will grow as the course progresses, based upon the information you find in cyberspace related to the various topics. (See Contributions to Readings, and Links and Readings below for more information.)
Also, please note the reading requirements associated with the Scholarly Writing Series described below.
Recommended Background, and on Reserve in the Library:
David Kosiur, Understanding Electronic Commerce (Microsoft 1997).
T.J. Smedinghoff, Online Law: The SPA's Legal Guide to Doing Business on the Internet (Addison-Wesley 1996).
ALSO RECOMMENDED, just for fun!
Lawrence Lessig, The Future of Ideas: The Fate of the Commons in a Connected World (Random House 2001)
Lawrence Lessig, Code and Other Laws of Cyberspace (Basic Books 1999).
Tom Standage, The Victorian Internet : The Remarkable Story of the Telegraph and the Nineteenth Century's On-Line Pioneers (Berkley 1999).
The course is scheduled to meet from 9:00 am to 10:20 am on Wednesdays and Fridays. In accordance with the College policy, failure to attend 80% of the scheduled classes will result in a loss of all credit for the course. Additionally, please note that repeated tardiness will result in a reduction of your "participation credit" for the course.
There will be no class on January 16, April 5, 2002. In lieu of make-up sessions you are strongly encouraged to attend two presentations which will be conducted as part of the 23rd Annual National Conference on Law and Higher Education in Clearwater, Florida. They are, "Cyberspace Law Update Part 1:Student Issues" on Monday, February 18th from 1:30 to 3:30 pm; and "Cyberspace Law Update Part 2: Academic Issues" on Tuesday, February 19th, from 8:30 a.m. to 10:30 a.m. Although not specifically aimed at e-commerce, these panels should address many issues of interest. Registration (at no charge) in advance with the Stetson Continuing Legal Education Office is required to attend these presentations, and further program details are also available on the CLE Office web page.
Additionally, there will be no class on April 12, and April 24, 2002. Make-up sessions for these classes will be held on Monday April 8th 8:30 am to 9:50 am in Courtroom 203; and Wednesday, April 10th, 8:00 am to 8:50 am in Seminar Room 202. Please note that we will then continue with our regularly scheduled class on April 10th from 9:00 am to 10:30 am in Classroom G, and will have the ability to run as late as 10:50 am if the time is needed.
You are required to attend the Scholarly Writing Series presentations, which should help you better understand what a scholarly paper is and what the research, writing, and attribution expectations are for the research paper required for the seminar.
In order to get the most out of this Series, you are expected to read Elizabeth Fajans and Mary Falk, Scholarly Writing for Law Students (2d. Edition, West, 2000), available at the bookstore; and Eugene Volokh, Writing a Student Article, 48 Journal of Legal Education 247 (1998), which is also available online and on Westlaw.
The Series consist of the following sessions:
Class 1: Thursday, January 24, 2002, 12:00-12:50 pm.
Selecting a topic and thesis and beginning to research a scholarly paper. This includes where to look for a topic, how to evaluate a topic, scope of coverage, thesis originality, and preemption.
Class 2: Thursday, February 7, 2002, 12:00-12:50 pm.
Organizing and formatting a scholarly paper. This class will cover the parts of the paper and other options, such as using hypotheticals. It will also address how to refine the thesis.
Class 3: Thursday, February 28, 2002, 12:00-1:15 pm.
Attribution, plagiarism, and citation. This class will cover basic citation form for footnotes or endnotes, types of information that must and can be included in footnotes or endnotes, and what constitutes palgiarism.
Room assignments for this Series will be distributed later.
The E-Commerce Seminar will not meet on Wednesday, January 16, 2002.
Please come by whenever you have questions. I am usually in my office Monday through Friday from 9:00 to 5:00, except Wednesday mornings and when I am in class (10:00 am - 11:20 am and 3:30 pm - 4:50 pm, Tuesday and Thursday). Additionally, feel free to call or use e-mail if you are unable to come by in person. Questions of general interest can also be posted to the E-COMMERCELAW e-mail discussion list.
Your grade in this course will be based upon three elements: your overall participation in the discussion of the issues, a classroom presentation, and on a research paper. There will be no examination.
Active participation in the classroom and online discussions is required. In accordance with the seminar's emphasis on the collaborative study of the issues arising out of e-commerce, your participation will be evaluated based upon three distinct, but related, elements; consisting of your contributions to the class discussions, contributions to the readings, and your critical evaluation of the material presented.
Contribution to Class Discussion
You are expected to read and be familiar with the appropriate materials for each topic before each class, and you are strongly encouraged to engage in active discussion of the various issues both in class and on the E-COMMERCELAW electronic mailing list outside of class.
One of the most difficult tasks in any rapidly evolving area of study is finding good primary and secondary materials explaining the developments which have occurred and assessing what is likely to occur in the future. The materials provided in the various hardcopy handouts and links in the Syllabus are only a beginning. In order to productively contribute to the classroom discussions, you are expected to supplement those readings with background material of your own choosing. You are particularly encouraged to "surf the web" yourself to find additional material, and to inform the class via the E-COMMERCELAW mailing list of new links which you believe are worthwhile. This applies to all the various topics we are examining, separate and apart from your obligation to provide links and readings which are related to your classroom presentation described below.
Critical Evaluation of Material
Additionally, you are expected to evaluate the material being used to present the various issues, on an ongoing basis, and you will also be required to formally evaluate each other's classroom presentations. That is, entirely apart from learning about the various issues, you must also assess whether or not the materials being used, and your fellow students' presentations, correctly and adequately explain the topic(s) being considered. You will be required to offer some positive substantive criticism for each of your classmates presentations. A failure to do so will count against you in evaluating this element of your "participation credit."
Of course, as this is a collaborative effort in which we all will be on the receiving end of these critiques at some point, this "critical evaluation" needs to be done in a constructive fashion, after reading all the appropriate material, identifying what works, and what doesn't work, and why. The idea is to explain what you would do differently if you were called upon to brief a major client (e.g. "startup.com") regarding one of these issues or topics.
Your overall participation will be graded as a "check," "check+," or "check-." Strong, high quality, sustained participation in the classroom and online discussions will receive a "check+," and raise the final grade by one quarter of one point (e.g. raising a 3.0 to 3.25). Please note that "high quality" participation is not necessarily the same as "high quantity" participation. A failure to meaningfully contribute to the discussions, readings, and evaluations, will receive a "check-," and lower the final grade by one quarter of one point (e.g. lowering a 3.0 to 2.75). Average participation will receive a "check" and neither raise nor lower the final grade.
The classroom presentation will also be evaluated on a "check," "check+," or "check-" basis, potentially raising or lowering the final grade by an additional one quarter of one point, in a similar fashion to the credit earned for classroom and online participation. The "presentation credit" will be based upon both the "links to readings" you provide and the actual "presentation" itself.
No later than the beginning of the class before your scheduled presentation, you must provide the class with a list of "links" on the web, or hardcopies of the materials, which relate to your presentation. In doing so, please distinguish between those materials you think are especially valuable or "required readings", and others which may only be "suggested" or "recommended readings." This list of links should include both the name of the site or page, and its proper URL, and should be e-mailed to the class via the E-COMMERCELAW list. As soon as is practicable after your list is received, the links will be added to the Syllabus entry on this web page as well.
Your classroom presentation should consist of an overview of the issues and problems being addressed in your research paper, or some other topic from the Syllabus, for approximately 45 minutes. Subject to the time available to us at the end of the semester, longer presentations may be accommodated. There is no required format for the presentation and you may lecture, use role playing, overhead foils, or the computer projector, as you wish. If you do plan on using any audio-visual or computer equipment, however, please let me know in advance to ensure its availability.
Strong, high quality, well prepared classroom presentations which promote and encourage further discussion of the issues will receive a "check+," and raise the final grade by one quarter of one point (e.g. raising a 3.0 to 3.25). An unusually weak classroom presentation will receive a "check-," and lower the final grade by one quarter of one point (e.g. lowering a 3.0 to 2.75). An average presentation will receive a "check" and neither raise nor lower the final grade. The quality (not the quantity) of the suggested readings for the topic will also be considered in determining the presentation credit to be awarded.
Thus, the combined participation and classroom presentation credit can result in an increase or decrease in the final grade of as much as one half of one point (e.g. potentially raising a 3.0 to 3.5, or lowering it to a 2.5).
While it is suggested that the classroom presentation and paper topics (see Research Paper below) should be on the same or related subjects, they may be on different topics if you choose.
The research paper should be an original work of high quality on a subject related to or expanding upon those being covered in class. Your paper should be a full 20 pages long, excluding endnotes, double spaced, with standard 1" margins and 12 point type fonts. The papers will be graded in accordance with the usual (0.0 to 4.0) grading scale based upon the strength of the analysis of relevant legal rules, trends, and doctrines; the quality or the research; and the clarity, organization, persuasiveness, and originality of the paper. Please also provide copies of the sources you rely upon when you turn in your final paper.
You should also include an honor code statement that the paper is original and that appropriate credit is given where the works of others are used or relied upon. Plagiarism, or copyright infringement, will not be tolerated. See Matthew Miro, Plagiarism: A Workshop for Law Students, or the general materials posted on the Dartmouth College site, for a brief review of basic quotation and citation practices, if necessary.
You may select your paper topics from any of the subjects we are considering in the Syllabus, or any area of "cyberlaw" related to online commerce. A list of possible paper topics is available by clicking here. You will also find a wealth of possible issues by "surfing" various legal sites on the the internet. For example, John Marshall Law School has a "Subject Index to Cyberspace Law;" or you might also use "electronic commerce" or "e-commerce" as a search term in any of the general search engines to see what sorts of issues concern those trying to start online businesses.
Paper topics should be discussed with me in advance, submitted in writing, and approved no later than the end of class Friday February 15, 2002. A three to five page detailed outline, accompanied by a separate bibliography is due by 5 p.m. Wednesday, March 13th. The final papers will be due no later than 4 p.m. on Wednesday, April 24, 2002, with no extensions. A failure to meet any of these deadlines will result in a 0.25 point initial reduction in the grade for your paper, and a further 0.5 point reduction for every subsequent 24 hour period.
You will need a computer and access to the Internet, and a web browser such as Netscape or Internet Explorer, for this course. If you do not have your own computer or network access, you will be able to work with the machines in the Library or in the Computer Labs.
YOU DO NOT NEED TO HAVE SOPHISTICATED COMPUTER SKILLS OR EXPERIENCE
FOR
THIS SEMINAR!
We will primarily use e-mail and the World Wide Web. Please let me know if you are unfamiliar with these tools or would like assistance. Additionally, those who are net wo computers or the Internet may find one or more of the following sites useful:
Netscape's
New to the 'NetNewbieNet's
Newbie Pages
CNET's
E-Business How -To PageAOL's
Net HelpZDNet
Help ChannelPLEASE BE SURE TO ACTIVATE YOUR STETSON, OR SOME OTHER, E-MAIL ACCOUNT PRIOR TO THE START OF CLASS.
Note, for those of you who maintain other e-mail accounts, the Stetson account can be configured to forward mail addressed to your Stetson ID to your preferred e-mail address. You can also access your Stetson account remotely via the "E-mail Services" link on the Stetson College of Law Home Page. Please contact Information Technology for further information on using the College's computers, or for technical problems concerning your Stetson e-mail account.
Each of you is expected to subscribe to, and participate in, the E-COMMERCELAW e-mail discussion group (a "listserv") which was created for this seminar, and those in similar courses at other law schools, and any others who might be interested in the legal issues associated with electronic commerce.
E-mail messages sent to the E-COMMERCELAW discussion list will automatically be sent to the e-mail accounts of all subscribers, and will also appear on the web page archives associated with the list. It is also possible to post a message to the list from the web page on which the threaded archive appears. Thus, you can read/send messages to the list from either your e-mail account or from your web browser, whichever you prefer. Try both methods to determine which one you are most comfortable using. New listserv users, in particular, may find reading and posting message from the web page is easier than just using their e-mail software.
Please be sure to read the list guidelines before subscribing or posting messages to the list, and observe proper "nettiquette."
TO JOIN the list, you may EITHER:
(1) send an e-mail to listserv@home.ease.lsoft.com, with the body of the message reading as follows:
subscribe e-commercelaw firstname lastname
(replacing "firstname" and "lastname" with your own name)OR
(2) follow the instructions on the "Join or Leave the E-COMMERCELAW List" web page
TO LEAVE the list, or "unsubscribe",
(1) either e-mail this message to listserv@home.ease.lsoft.com:
signoff e-commercelaw
(2) or again follow the instructions on the "Join or Leave the E-COMMERCELAW List" web page
TO POST A MESSAGE to the list,
(1) use your email software and address the message to E-COMMERCELAW@HOME.EASE.LSOFT.COM
OR
(2) use the web based forms available on the list web page archive, and click on the "post to the list" link. Note that to use this option you will also need to create a password to use with the web based pages to ensure that only you are posting message over your name. There is a separate link on the "post to the list" web page which permits you to create this listserv password.
A Users Manual is available on the web if you have questions about the E-COMMERCELAW listserv.
In addition to being a forum for discussion of the issues raised during the course, this list will also be used for administrative notices, changes in reading assignments, cancellations, etc.
YOU ARE DEEMED TO BE FULLY "ON NOTICE" OF ANY ADMINISTRATIVE MESSAGES POSTED TO THE E-COMMERCELAW DISCUSSION LIST, SO BE SURE TO CHECK YOUR E-MAIL OR THE LIST FREQUENTLY!
For additional information regarding other law-related electronic mailing lists, and the commands which are recognized by the major software programs used by many of these lists, click here. One other law student listserv, which you may also want to consider joining, is the CYBERSPACELAW list established by Professor David Sorkin at the John Marshall Law School for a general discussion of computer related legal questions. The CYBERSPACELAW list is open to anyone, anywhere, interested in these types of issues.
This Syllabus outlines the basic topics to be examined as the semester progresses, and some preliminary "links" to information on the World Wide Web concerning those topics. We may not actually cover all of the listed topics.
The Syllabus will be modified,
reordered, and expanded
as we progress through the
topics,
based largely upon whatever additional "links" you determine to be
worthwhile.
As you identify new links, either related to your presentation topic or simply for general interest, they should be posted to the E-COMMERCELAW list, and they will be incorporated in this Syllabus as soon thereafter as practicable. Thus, the the class will collaborate in expanding this Syllabus over the course of the semester. As noted under Grading above, a portion of your class participation grade will be influenced by the quality (not the quantity) of the links you select for inclusion in the Syllabus.
Note that the World Wide Web (WWW) mirrors or republishes a great deal of the same information at different addresses (Uniform Resource Locators or "URLs"). Generally, only a single URL will be provided to the online material referenced in this Syllabus, but the information may be available at many other locations, which you can find by using any of the various WWW search engines. One such search engine is found at http://www.metacrawler.com . (For others, see here) Moreover, many WWW sites change frequently and while the URLs provided below were operational at the time they were placed in this Syllabus they may change without notice requiring you to locate the information elsewhere. Of course, the decisions in most cases and many of the articles cited may be found on Lexis or Westlaw in addition to the usual case reporters or URLs.
1. INTRODUCTION TO THE INTERNET AND E-COMMERCE
Basic overview and discussion of how online commerce compares with traditional methods of conducting transactions. Distinctions between "business-to business" and "business-to-consumer" models.Read:
Browse:
Internet Society's "All About the Internet" Web Pages
CyberGeography's "An Atlas of Cyberspaces"
CommerceNet's "eCommerce Resources" Web Pages
International Chamber of Commerce's "Electronic Commerce" Web Pages
ABA Science & Technology Section, Electronic Commerce Division Web Pages
U.S. Government E-Commerce Policy Web Pages
APEC, Electronic Commerce Steering Group Web Pages
European Commission's "Electronic Commerce and the European Union" Web Pages
UNCITRAL "Working Group on Electronic Commerce" Web Pages
World Trade Organization "Electronic Commerce" Web Pages
2. DOING BUSINESS ELECTRONICALLY
Issues concerning the coordination of industry practices, codes, and legislation. Trading partner agreements and model "default" legal rules.
Read:
Browse:
UNCITRAL, Model Law on Electronic Commerce (1996) with Art 5 bis (1998)
UNCITRAL, Draft Uniform Rules on Electronic Signatures (A/CN.9/WG.IV/WP.82/29June99)
NCCUSL Uniform Electronic Transactions Act (Aug. 4, 1999)
3. CONTRACT FORMATION IN CYBERSPACE: WRITINGS & SIGNATURES
Comparison of national and international model legislation concerning signed writings, authentication, and attribution. Issues associated with ascertaining the identity of the person sending a message, and the integrity of the content of the message. Digital signatures and third party certification authorities.
Read:
4. CONTRACT FORMATION IN CYBERSPACE:"CLICKWRAP" AGREEMENTS; CHOICE OF LAW & FORUM
Comparison of different national and international approaches to standard form contract terms, end-user protections versus upholding the "contractual bargain." Issues associated with choice of law, choice of forum, and arbitration clauses for online businesses, under different legal regimes.
Read:
Browse (sites suggested by JRS):
http://linuxtoday.com/news_story.php3?ltsn=2000-02-06-001-05-NW-LF
http://old.law.columbia.edu/my_pubs/anarchism.html
http://www.infoworld.com/ucita
This one has letters from attorneys general opposing UCITA:
Also:
5. TERMS IN ELECTRONIC CONTRACTS: WARRANTIES AND CONSUMER PROTECTION
Continuation of discussion of "mass market" transactions and introduction to consumer protection issues.
Read:
6. ESTABLISHING AN ELECTRONIC BUSINESS: INTELLECTUAL PROPERTY ISSUES
Introduction to the issues associated with working with third parties to create an online business, and with "doing business" online in a global environment.
Read:
7. ESTABLISHING THE PAYMENT MECHANISM
Read:
Read:
9. REGULATING E-COMMERCE ACTIVITIES
Read:
10. DISPUTE RESOLUTION IN CYBERSPACE
Read:
11. JURISDICTION TO SUE OVER ACTIVITIES IN CYBERSPACE
Read:
Wednesday April 3, 2002 S.B. Kelley Monday April 8, 2002 A. Kjorrefjord Wednesday (#1) April 10, 2002 D. A. Farrugia Wednesday (#2) April 10, 2002 S.C. Vargosko Wednesday April 17, 2002 J. R. Shanholtzer Friday April 19, 2002 M. C. Blanes
Stetson University College of Law
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Gulfport, FL 33707-3299
Phone: 727-562-7800
URL: http://www.law.stetson.edu
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This page was last updated on 05/20/04.
