Cyberlaw

This subject has the following teaching availabilities in 2011:

LAWS50023 Legal Method and Reasoning; LAWS50025 Torts; LAWS50026 Obligations; LAWS50027 Dispute Resolution; LAWS50030 Property; LAWS50029 Contracts.

The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student’s participation in the School’s programs.

The inherent academic requirements for the study in the Melbourne Law School are:

1. The ability to attend classes and actively engage in the analysis of complex materials and debate;
2. The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
3. The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
4. The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
5. The ability to work independently and as a part of a group;
6. The ability to present orally and in writing legal analysis to a professional standard.

Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.

Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: http://www.services.unimelb.edu.au/disability/.

Cyberspace is the online world of computer networks, especially the Internet. This subject examines two major points of connection between the law and cyberspace: how communications in cyberspace are regulated; and how (intellectual) property rights in cyberspace are enforced.

Specific topics include:

• Governing the Internet;
• Jurisdiction and dispute resolution in cyberspace;
• Online censorship;
• Electronic privacy;
• Cybersquatting;
• Digital copyright;
• Virtual worlds.

This subject uses the seminar format, which requires students to read significant amounts of material before class and to discuss in detail that material in class. There are no lectures. Students who desire lecturing or who are unwilling to participate in class discussion are advised to not take this subject.

On completion of this subject, students should:

• Understand the basic architectural and technical features of the Internet;
• Recognise how dispute resolution, censorship, and privacy are regulated in cyberspace;
• Know how the law protects trade marks and copyright material in cyberspace.

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the capacity to:

• Appreciate the policy challenges of applying traditional legal principles to actions undertaken in complex technological environments;
• Solve practical legal problems requiring application of national laws to actions undertaken in multi-jurisdictional environments.