INFORMATION TECHNOLOGY AND PRIVACY LAW: Curriculum
Courses offered vary widely in order to stay abreast of new developments in law and technology. Courses include:
- IT 848 Computer Crime, Information Warfare, and Economic Espionage (2)
- IT 803 Computers and the Law (2) *
- IT 820 Contemporary Problems in Computer Law (3)
- IP 406 Copyright Law and Practice (3) *
- IT 880/IT 881 Current Topics in Information Technology Law (1-2)
Past seminar courses have covered:
- IT 808 Cyberspace Law (3) *
- IT 830 Electronic Commerce Law (2)
- Law 270/IT 870 E-Discovery, Computer Forensics and Digital Evidence (2)
- IT 835 Electronic Document Certification
- IT 841 Free Speech in Cyberspace (2)
- IT 865 Governance & Regulation in Cyberspace (2)
- IT 821 Health Information Privacy (2)
- IT 815 High Technology Litigation (2)
- IT 897 Independent Research in Information Technology Law (1-2)
- IT 801 Information Law and Policy (3) *
- LAW 178 Intellectual Property in a Digital Environment (3) *
- IT 855 International Privacy Protections: Transborder Data Flow (2)
- IT 850 International Telecommunications Law (2)
- IT 805 Introduction to Legal Analysis (1) **
- IT 818 Journal of Computer & Information Law (1)
- IT 860 Jurisdiction & Judgments in Cyberspace (2)
- IT 825 Multimedia Licensing and Transactions (2)
- IT 893 Practicum in Information Technology Law (1-2)
- IT 812 The Professional Responsibilities of a Technological Law Practice (2)
- IT 845 Privacy Rights (2)
- IT 800 Substantive Law Overview (2) **
- IT 810 Technology & the Practice of Law (2)
- IT 851 U.S. Telecommunications Law (2)
* = Required Course
** = Required Course in the MS Program
Not all courses are offered every semester. New seminar courses (IT 880/881) not listed here may be added each semester (see current schedule).
REQUIRED COURSES:
*IT 801 - Information Law & Policy (3). We live in the information age - a time in human history that is characterized by the ability of individuals to transfer information freely and have instant access to knowledge that was difficult or impossible to obtain previously. How we think, act and work are being shaped by our increasing reliance on information. This seminar explores how we are adapting to living in the information age focusing on "information privacy." Students examine a wide range of legal, commercial and ethical issues surrounding the collection, use and dissemination of information about individuals by others (including the government). Discussion topics include consumer privacy, protection of personal health and financial information, right of access to information, the free flow and use of information, the value of personal information, commercial uses of personal information such as data mining and other marketing techniques, and the roles of government and the private sector in protecting informational privacy. This is a paper course. [top]
*IT 803 - Computers and the Law (2). This seminar examines how technology has influenced law, policy and practice. Students have an opportunity to examine various disciplines in the law from the perspective of contemporary technology-oriented problems. Subjects include an introduction to computer systems, hardware and software; legal aspects of sale or lease of technology-based goods and services; issues of contract and tort liability relative to the marketing and use of technology; special problems in commercial, intellectual property and information law arising from technology use. This is a paper course that is taught in both accelerated and traditional formats. [top]
*IT808 - Cyberspace Law (3). This seminar provides an overview of Internet law. Students consider such issues as the nature of online services, governance and business structures in the borderless electronic environment of Cyberspace. Subjects will vary as the field develops, but will include such areas as tort liability, freedom of expression, crime and security, privacy, intellectual property rights and protection, regulation, jurisdiction, and standards of ethics and propriety. This is a paper course. [top]
REQUIRED COPYRIGHT COMPONENT:
*LAW 178 - Intellectual Property in a Digital Environment (3). The Internet has had a profound impact on the recognition and protection of intellectual property rights in a digital environment. This course is designed to explore the unique interplay between intellectual property rights and the Internet and other digitized formats, in both the United States and internationally. Among the issues to be explored are the impact of digitization on copyright ownership and use, database protection, cyber squatting and other domain registration and use issues, framing, cyber piracy, Internet business patents, cyber-enforcement, and international regulation of intellectual property rights on the Internet. Exam and short paper. Note: this is one of several courses that fulfill the copyright law requirement. [top]
OR
*IP 406 - Copyright Law & Practice (3). The course explores the statutes and case law defining the scope of U.S. copyright law, including the 1909 Copyright Act, the 1976 Copyright Act, and the 1988 Berne Convention Implementation Act as it affects both domestic and foreign copyrights in the United States. Exam. Note: this is one of several courses that fulfill the copyright law requirement. [top]
ADDITIONAL REQUIRED COURSE FOR MS STUDENTS:
**IT 800 - Substantive Law Overview (2) and **IT 805 - Introduction to Legal Analysis (1). These two classes are taught in a combined format that introduces non-legally trained students to the workings of the legal system, legal methods (including research and legal writing techniques) and the process of legal education. In addition, they will familiarize students with the basic substantive areas of law. These courses are designed to give MS students the tools to effectively participate in other classes within the IT and Privacy Law degree programs. [top]
ELECTIVE COURSES:
FALL 2009 OFFERINGS:
LAW 270/IT 870 - E-discovery, Digital Evidence and Computer Forensics (2). Recent studies suggest that 98% of all business records today are either created or stored electronically. It is no longer possible to practice law or conduct business without feeling the impact of this fact. This course examines the developing legal issues, practices and rules involving the use of electronically generated information in litigation and general practice. The instructors will unveil the mysteries and hidden traps surrounding the use of computer and electronic records in everyday legal and corporate practice while examining the emerging rules governing electronic discovery and digital evidence. Students will be exposed to how litigators address electronic information (such as corporate email) in the discovery process, including discussion of the Federal Rules changes, the role that computer forensics plays in the investigation and litigation process, and evidentiary considerations with digital evidence. Take-home exam. [top]
IT 830 - Electronic Commerce Law (2). This seminar covers the law and policy applied to doing business in the global digital environment. Topics covered include electronic business models, formation and operation of e-commerce companies, protecting the assets of e-commerce companies, electronic contracts, consumer protection and much more. If you are interested in transactional law, this is an important class for you to consider! [top]
IT 821 - Health Information Privacy (2). This course provides an overview of health information privacy law and policy with special emphasis on the privacy and related security provisions of the Health Insurance Portability and Accountability Act (HIPAA) and implementing rules. Applicable federal and state laws as well as other regulatory mechanisms affecting health information privacy will be addressed. In addition, students will examine the privacy implications of emerging technologies and practices (such as the advancements in electronic health records). This paper course is offered as a traditional "live" course and an online course. [top]
IT 812 - The Professional Responsibilities of a Technological Law Practice (2). This course examines the application of legal ethics to the use of technology in the practice of law. It explores emerging developments in the use of technologies (including virtual worlds and social networking) to facilitate, advance and deliver legal services. Students examine the lawyer's obligations, particularly to the rules of professional responsibility, in today's practice environment. (Recommended prerequisite: Professional Responsibility - Law 176). Note: Participants in this course may receive up to 20 hours of regular Illinois CLE credit and 4 hours of Illinois Ethics CLE credit. [top]
IT 881 - Current Topics in Information Technology Law: Computer Security - What Lawyers and Policy Makers Need to Know (2). This seminar considers the technology and psychology behind information security systems and how these elements drive and affect our national policies and business practices. Beginning with a survey of computer security fundamentals, students will learn the foundation elements necessary for all information security systems. Next, the class will discuss risk assessment and management and the core rational behind some of our national policies. With this framework, students will evaluate the current and past US information security policies for effectiveness and cost, and develop best practices for lawyers and policy makers to follow (such as prior US cryptology export controls and the current FFIEC guidelines for authentication). Time permitting, the class will evaluate additional security policies and their effects for example the newly promulgated Payment Card Industry (PCI) standards and discuss whether government or the private sector should regulate such transactions. [top]
FUTURE COURSE OFFERINGS:
IT 815 - High Technology Litigation (2). This two credit seminar considers both the use of information technology in litigation, and litigation of technology disputes. The course begins with a review of the historical use of technology in litigation, and how it is used most effectively today in the courtroom and in litigation generally. A wide range of examples are discussed, such as video depositions, computer-generated demonstrative exhibits, electronic databases, and search and review of e-mail and other electronic records. The remaining sessions cover discrete examples of litigation over different types of technology under different causes of action, such as software patent disputes, computer hardware defects, downloading copyright claims, antitrust violations involving technology, and other technology disputes. The goal overall is to provide a good overview of how the technology can be utilized to your client's strategic advantage in litigation, and how battles over technology issues are litigated thru trial. [top]
LAW 161/IT 881 - IT Drafting: Information Technology Law/Representing the Technology Client (2). This is an advanced drafting course designed to provide you with an understanding of the unique issues presented by technology clients and give hands-on experience in the research techniques and drafting styles common to an information technology or privacy practice. The course will walk you through the process of creating the documents necessary to represent a client starting a new business. You will draft retainer agreements, licensing agreements, privacy policies and other documents used by practicing attorneys who represent start-up and high tech clients. When you have completed the course, you will have a ready portfolio to use in your practice. Fulfills the LS 3 requirement for joint JD/LLM students. [top]
IT 818 - Journal of Computer and Information Law (1). [top]
IT 820 - Contemporary Problems in IT Law (3). The course will use John Marshall's annual International Competition in Information Technology and Privacy Law as a springboard to identify and examine current issues in IT and privacy law that are likely to face appellate courts in coming years. Students will survey the substantive problems that have been addressed in past competitions, identify potential problems for future competitions, and prepare formal appellate records and bench memoranda for such problems. The course will incorporate both in-person meetings and online interaction and collaboration. Meeting times will be established early in the semester, in an effort to avoid schedule conflicts among those students selected to participate in the course. Students in the Information Technology Law LL.M. program, those in other LL.M. programs with the approval of their program director, and J.D. students with a strong interest in IT and privacy law may apply to register in this course. [top]
IT 825 - Multimedia Licensing (2) [top]
IT 841 - Free Speech in Cyberspace (2). This course examines a variety of First Amendment issues as applied to the Internet and new media technologies through discussions, hypotheticals, student presentations and perhaps a guest lecture or two. Specific topics and materials will be based on current events and may be adjusted according to students' experience with and interests in First Amendment law, privacy, IT and IP. [top]
IT 845 - Privacy Rights (2). This seminar considers the historical foundation and current status of privacy rights in the U.S., in the areas of tort and constitutional law. In the former, the subjects of intrusion into seclusion and publication of private fact are given special emphasis; the relationship between commercial appropriation of name and the new tort, "right of publicity," is also examined, as is the relation between the false light privacy tort and defamation. In the constitutional arena, attention is given to personal autonomy in such matters as procreation, abortion, and choice regarding medical treatment and "death with dignity"; and personal and sexual associations and lifestyle. This is a paper course. [top]
IT 848 - Computer Crime, Information Warfare, and Economic Espionage (2). This course will offer a practitioner's perspective of computer crimes and how the criminal justice system is presently coping with this still relatively new and constantly changing phenomenon. We will discuss how computer crimes are investigated, issues relating to the search and seizure of digital evidence and computer forensics. Additionally, we will focus on particular computer crimes, such as child exploitation and internet fraud, and the impact of the Patriot Act on investigating and prosecuting computer crimes. [top]
IT 850 - International Telecommunications Law (2). This seminar surveys telecommunications laws and regulations worldwide, with particular emphasis on the United States (both federal and state), Europe, and Australia. Also to be addressed are major international agreements and organizations affecting telecommunications. [top]
IT 851 - U.S. Telecommunications Law (2). . This two credit seminar explores the changing communications landscape with a special emphasis on U.S. laws. Emerging audio, video and data communication technologies (including wireless, broadband and voice-over-IP) as well as developing regulatory mechanisms (including such topics as the effectiveness of the "do not call" registry) will be considered. [top]
IT 855 - International Privacy Protections: Transborder Data Flow (2). This seminar explores the global implications of the flow of data across jurisdictional lines; conflicts of laws and culture regarding content or expression in communications; and comparative analysis of U.S., European Community and other laws that regulate privacy and information exchange across national boundaries. Special attention is given to the European Union Directive on Data Protection. [top]
IT 865 - Governance and Regulation in Cyberspace (2). [top]
IT 810 - Technology & the Practice of Law (2). Participants in this workshop-style seminar will learn about a wide range of applications of technology to the practice of law, including legal research and writing, case management software, litigation applications, electronic communication, electronic publishing, and billing and law practice management. [top]
IT 880 & IT 881 - Current Topics in Information Technology and Privacy Law (1 or 2).
The Current Topics seminar focuses on a specific area of information technology or privacy law. Topics vary from semester to semester and are based on emerging problems, current controversies, technological developments and other emerging issues affecting law, policy and business. [top]
IT 880 - Current Topics in IT Law: Gateways and Barriers to Marketing Through Technology (1). This course examines technological methods used by lawyers to seek and maintain clients and looks at the full array of client development methodologies, ranging from simple online directories to cutting edge concepts. Methodologies are examined within the context of constitutional permissibility, state ethics regulation and professionalism within cultural norms. Students will scrutinize the balance of interests between client development and the policies that govern it. At the conclusion of the course, students will be able to design a strategic marketing plan maximizing the use of technology for their practices, within ethical restraints and consistent with ideals of professionalism. [top]
IT 880 - Current topics in IT Law: Interactive Advertising (1). This seminar will focus on legal issues arising from current interactive advertising methods. Companies that engage in one-on-one marketing with consumers are able to collect increasing amounts of personal information. From email marketing and text message campaigns to online promotions and sweepstakes, there are multiple privacy issues that must be addressed when engaging in this practice. This class will examine some of the laws that apply to the business practice of interactive advertising, including CAN-SPAM, TCPA, and the Deceptive Trade Practices Act. We will look at special legal issues for sending email messages, text messages, and will conclude with an examination of behavioral advertising, currently under scrutiny by the FTC. [top]
IT 880 - Current Topics in IT Law: Technology, Marketing and Law Practice Management (1). This course looks at the full array of methods to market legal services through technology, ranging from online directories to social networking. Issues include the potential effectiveness of various techniques as they are applied to different practice settings, the constitutional permissibility of legal services promotions, the application of state ethics rules and the influence of professionalism within cultural norms. Students will be able to design a strategic marketing plan that maximizes the use of technology for specific practice settings, within ethical parameters and consistent with ideals of professionalism. [top]
IT 881 - Current Topics in IT Law: Workplace Privacy (2). This seminar considers the historical foundation, regulatory mechanisms and current status of privacy rights in the workplace. We will examine a variety of issues concerning the gathering, use, dissemination and protection of information about employees and employers. Topics include: the use of personal information in hiring, promoting and firing employees; the use of personal information in awarding employee benefits; employee and applicant investigations and testing; employee monitoring and surveillance; confidentiality and access to personnel records; and much more. [top]
IT 881 - Current Topics in IT Law: Online Access to Justice (2). This course examines the sources, resources and methods that are using technology to provide legal information, advice and services to meet the needs of individuals, particularly those in low and moderate-income populations. This is a paper course. [top]
IT 893 - Practicum in Information Technology and Privacy Law (1-3) [top]
IT 897 - Independent Research in Information Technology and Privacy Law (1- 3) [top]
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