Legal Challenges in the Digital Community, 15 Credits

Contents

The course highlights areas of law where traditional legal thinking has been challenged by the rise of the digital community. Particular emphasis will be placed on legal analysis and discussion of intellectual property rights, privacy, publicity, issues of jurisdiction, and governance and control of the Internet. The course approaches these issues from an international as well as European and Swedish perspective, analyzing the tension between law and technology as a global phenomenon.

The course will cover five major themes:
(1) Geographic dissolution in a geographically defined legal order

This theme will cover conflicts between the digital community, which is independent of territorial borders, and law, which have a local nature. Issues relating to conflicts of law on the Internet will be one important question within this section

(2) Public and private in the digital community
This theme will cover the relationship between the state, government agencies, private undertakings, and the individual in the digital community. This will cover, inter alia, data privacy questions, and government use of digital tools.

(3) Cyber threats
This theme will cover the dark sides of the Internet, different threats and risks affecting the internet and the legal framework surrounding them.

(4) Ownership and sharing in the Internet age
This theme will cover the relationship between different ideas on ownership and free exchange. This will cover questions such as DRM, software license agreements, open source, creative commons, copyright vs. remix culture, ownership over personal data, etc.

(5) Neutrality and governance
This theme will cover private and public governance of the internet, and questions of neutrality. This will include questions relating to (a) private internet governance; and (b) code as a lawmaker, or code as law.
 

Expected learning outcomes

After completing the course students should have acquired:

- An understanding of the legal issues that may arise in relation to digital networks based on the course themes, especially from the perspective of Swedish, European and international law.
- An ability to analyze and argue current legal issues affecting the digital community, especially within the areas mentioned above.
- An advanced knowledge of national and international law in areas affecting individual legal rights and opportunities in the digital society and a knowledge of the economic, political and cultural issues that affect this.
- Thorough knowledge of a specific problem area and an ability to present an in-depth legal analysis, and argue for solutions, in written and oral form in this area.
 

Form of instruction

Teaching is done through assignments, seminars and lectures. Active participation in discussions at seminars is crucial and students must carefully study all course material before each seminar and submit written assignments where applicable. All instruction and discussion will take place in English.
 

Examination modes

Examination takes place through fulfilment of two parts, partly the compulsory course elements specified in component 1 below, partly writing a research paper specified in component 2 below.

Component 1
Active participation in discussions both in electronic form and at the gatherings.
Fulfillment of written assignments.
Component 2
At the end of the course, students should write an individual research paper.

Grades
A passing grade on the activities under components 1-2 above is required to receive a passing grade for the course as a whole. For component 1 the grades Fail (U) or Pass (G) can be awarded. On the research paper the grades awarded are Fail (U), Pass (B), Pass not without distinction (Ba) and Pass with Distinction (AB).

On the entire course, the grades given are Fail (U), Pass (B), Pass not without distinction (Ba) and Pass with Distinction (AB). The grade for the course as a whole is based on the result of the research paper and awarded after the completion of all compulsory course elements.

The appointed examiner may decide to use other forms of examination if required by particular circumstances. A student who has not received a passing grade on a test will be afforded an opportunity for re-examination. A student who has passed examination may not be re-examined. A student who has taken two tests for a course or segment of a course, without passing, has the right to have another examiner appointed, unless special reasons exist. A written request for change of examiner is submitted to the Director of Undergraduate Education.

Academic credit transfer
Students have the right to apply to have a previous education or experience evaluated for transfer of credits. For more information, see: www.umu.se/utbildning/antagning/tillgodoraknande