Cyberlaw

This subject has the following teaching availabilities in 2016:

This subject has a quota of 60 students. Please refer to the Melbourne Law JD website for further information about subject quotas

168 hours

Successful completion of all the below subjects:

This subject requires students to have completed, or have a concurrent enrolment in, the below subject:

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:

• The ability to attend classes and actively engage in the analysis of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• 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 inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

This subject is concerned with the application of law to 'cyberspace' - i.e. to the virtual environment created by the Internet. It considers two major objectives of laws in cyberspace: regulation and proprietisation. The regulation theme focuses on governance of the Internet's technical architecture, and on public and private control of content on the Internet. The proprietisation theme focuses on the ownership of Internet addressing means, and on the protection of commercial reputation and creative material on the Internet.

The principal topics covered in this subject are:

• Cyberspace and the Internet;
• Jurisdiction in cyberspace;
• Censorship in cyberspace;
• Privacy in cyberspace;
• Trade marks in cyberspace;
• Cybersquatting;
• Copyright in cyberspace;
• Copyright liability of Internet intermediaries; and
• Virtual worlds.

A student who has successfully completed this subject will have an advanced, and integrated, knowledge of the laws, principles and practices of regulation and proprietisation of cyberspace. This includes an ability to critically analyse, evaluate and understand:

• The idealised concept of cyberspace;
• The technological features of the computer network called the Internet;
• The entities that control the various components of the Internet's infrastructure;
• Whether - and, if so, when - national laws apply in cyberspace;
• Non-national systems for resolving disputes concerning the Internet;
• Models for restricting the content of electronic communications;
• National legislative frameworks for censoring Internet content;
• The role of the concept of privacy in cyberspace;
• Whether - and, if so, when - use of a trade mark on a website, and in a search engine, constitutes an infringement of the rights of a trade mark owner;
• The resolution of disputes about the registration and use of a domain name containing someone else's trade mark;
• When transmissions over the Internet constitute an exercise of a copyright owner's exclusive right of communication;
• The peer-to-peer file sharing phenomenon;
• The liability of Internet intermediaries - especially Internet service providers - for copyright infringements by their customers;
• Crime, property and intellectual property in virtual worlds.

Either:

• (a) 2,000 word essay (34%) and 4,000 word take-home examination (66%); or
• (b) 6,000 word take-home examination (100%).

The due date of the above assessment will be available to students via the LMS.

Specialist printed materials will also be made available from the Melbourne Law School.

This subject is not available as a breadth subject.

On successful completion of the subject, students will have developed high-level skills in the following areas:

• Cognitive and technical skills to understand, interpret and apply legislation and case law from Australia, Europe and the United States of America, relevant to the regulation of technical infrastructures and to the grant and enforcement of proprietary rights;
• Cognitive and technical skills to identify, examine and analyse the policy challenges of applying traditional legal principles to actions undertaken in complex technological environments;
• Oral and written communication skills allowing effective communication of complex concepts relating to regulation in cyberspace, and regulation of cyberspace; and
• Cognitive, technical and creative skills to generate effective and appropriate solutions to practical legal problems requiring application of national laws to actions undertaken in multi-jurisdictional environments.