INFORMATION TECHNOLOGY AND PRIVACY LAW: Curriculum

IP 417 Advertising Law (2)

The course covers advertising litigation under the Lanham Act, private, state and local public remedies for consumer protection against deceptive advertising, Federal Trade Commission regulation of consumer protection, and consumer protection under other federal statutes.

IT 848 Computer Crime, Information Warfare, and Economic Espionage (2)

This course addresses issues of computer crime, information warfare, and economic espionage. The computer crime elements of this course include issues such as computer intrusions, online fraud, "electronic stalking," computer viruses, and theft of service. The information warfare aspects encompass infrastructure security, "hacktivism," and other such issues. Economic espionage includes legal, technical, and social aspects of protecting sensitive and proprietary information.

IT 803 Computers and the Law (2) *

This seminar seeks to bridge the gap between common and statutory law concepts and problems introduced by the digital computer. Students have an opportunity in this seminar to examine various disciplines in the law from the perspective of modern day computer technology-oriented problems. Subjects include an introduction to computer systems, hardware, and software; legal aspects of sale or lease of computer goods and services; issues of contract and tort liability relative to marketing and use of computers; special problems in commercial, intellectual property, and information law arising from computer use.

IT 820 Contemporary Problems in Computer Law (3)

Topics to be covered include introduction to technology, intellectual property overview, recurring and significant contract provisions, integrated system transactions, liability and litigation, computer generated evidence/expert testimony, privacy/security, government contracting issues, bankruptcy and software escrows, taxation, international law and transactions, antitrust, domestic and international distribution and software and database acquisitions.

IP 421 Contemporary Technology & Intellectual Property Law (3)

This course examines problems in intellectual property law caused by new forms of technology. It will study the difficulties faced by the U.S. Patent & Trademark Office and courts in applying existing patent, copyright and trademark law to promote progress on the frontiers of science and will propose solutions. Areas to be considered include: the patentability of life forms, inventions made in space, semiconductor topology, non-traditional property forms, look and feel of computer programs, biotechnology, colorization of movies, moral rights, industrial designs, shrink wrap licenses, states' rights versus preemption and supremacy, and copying for home use.

IP 406 Copyright Law and 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.

IT 880/IT 881 Current Topics in Information Technology Law (1-2)

The Current Topics seminar focuses on a specific area of information technology law, analyzing current developments and attempting to understand them in a broader context.

IT 808 Cyberspace Law (3) *

This seminar considers such questions as what "rules of the road" ought to apply to the borderless electronic environment of Cyberspace. Who can make the rules, how can they be enforced, and what will be the legal and political relationships among and between states, nations and the private sector in cyberspace? Subject areas 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.

IT 830 Electronic Commerce Law (2)

This seminar analyzes the law of electronic transactions, including issues presented by digital cash, micropayments, anonymous and pseudonymous transactions, privacy and accountability, digital signatures and message authentication, fraud, and consumer protection.

IT 835 Electronic Document Certification (2)

The course focuses on the law governing electronic documents and digital signatures. The course examines issues of jurisdiction, privacy concerns, tort liability, statutory interpretation, administrative agency oversight, ethical considerations, criminal responsibility and other topics in the United States and internationally. Students will engage in exercises in document and legislative drafting, ethics considerations and statutory applications.

IT 841 Free Speech in Cyberspace (2)

This seminar explores the legal and policy questions arising from the borderless and relatively open channels of the internet. Content deals with First Amendment interpretations in the digital, electronic environment; media practices in accessing personal or proprietary information on the internet, and in using the internet to supplant or supplement traditional media dissemination procedures; questions of rights and liabilities in connection with harassment, hate mail, pornography, defamation and invasions of privacy. Some attention given to fair use and copyright.

IT 865 Governance & Regulation in Cyberspace (2)

This seminar explores various approaches to rulemaking and dispute resolution in the borderless environment of cyberspace. Attempts by international organizations, individual governments, industry groups, and private enterprises to create legal and regulatory structures will be considered.

IT 815 High Technology Litigation (2)

This seminar considers both the use of information technology in litigation and litigation about high technology. Subject matter includes the electronic filing of pleadings and documents; admissibility of digital electronic records or other evidence; discovery and electronic databases; use of computer-generated models and simulations; recent cases involving scientific or technical evidence; multimedia techniques for securing and presenting the depositions or testimony of distant witnesses; and techniques for presenting and explaining information about complex information and communications technology.

IT 897 Independent Research in Information Technology Law (1-2)

An independent research project must be approved by the director. It requires scholarly research resulting in a quality written product which makes a significant contribution to the field of information technology law. Students may register for either 1 or 2 credit hours of Independent Research within a semester or summer term. Students may receive up to a total of 3 credit hours for Independent Research toward the LL.M. or M.S. degree, and a combined total of 4 credit hours for the Journal of Computer of Computer & Information Law (IT 818) and Independent Research (IT 897).

IT 801 Information Law and Policy (3) *
In an increasingly complex and computerized society, demands for collection and dissemination of information place growing emphasis on the need to develop a comprehensive rationale for the management and control of information. Issues considered are confidentiality of criminal justice information; bank accounts; medical records and histories; maintaining informational privacy in the "checkless- cashless" environment of electronic funds transfer; the sometimes conflicting demands of fair trial and free press; regulation of national data banks; examination of such U.S. statutes as The Privacy Act of 1974, the Financial Privacy Act of 1978, the Privacy Act of 1980, and the Freedom of Information Act, as well as relevant statutes from other jurisdictions, including the European Union Data Protection Directive; consideration of state, federal, and international trends in information regulation; the role of the private sector in protecting informational privacy.

IP 407 Intellectual Property Licensing (3)
The course covers implied licenses, express licenses, enforcement of license provisions, title interest in intellectual property, and license transfers.

IB 715 International Intellectual Property Law (2)
Organized multinational attempts to establish international norms for intellectual property protection have existed for well over 100 years. Given the intangible nature of the rights sought to be protected, the nature and scope of these rights has been hotly debated. This course will examine the dynamics of international protection as well as some of the most pressing issues faced in continuing efforts to develop international protection standards. Among the topics covered are the underlying theories of international intellectual property protection, the impact of culture and economics on intellectual property rights, the protection of cultural patrimony, neighboring rights, government takings, extraterritoriality and the border problems, and registration, protection and enforcement issues (including international enforcement of rights). In addition, students will study pertinent treaty regimes, including the Berne and Paris Conventions, TRIPS, NAFTA and selected EC directives, harmonization alternatives and the special problems of developing and newly emerging market economies. Prior knowledge of intellectual property is helpful but is not required.

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.

IT 805 Introduction to Legal Analysis (1) *
This course introduces non-legally trained students to the workings of the legal system, legal methods (including research techniques), and the process of legal education.
(Open only to M.S. students. Must be taken concurrently with IT 800.) 

IT 818 Journal of Computer & Information Law (1) 
The John Marshall Journal of Computer & Information Law is an international law review that focuses on the law and policy of software, databases, and information networks. Students in the LL.M. program who are selected to participate in the Journal's candidacy program will write a comment or case note of publishable quality and participate in the Journal's editorial activities. Students may register for Journal credit in two semesters, for a total of 2 semester hours of academic credit. Grading is on a pass-fail basis.
(Open only to LL.M. students; not eligible for joint-degree J.D. credit.)

IT 860 Jurisdiction & Judgments in Cyberspace (2)
This seminar examines issues of jurisdiction and procedure as they are affected by the international and borderless aspects of Cyberspace, including personal and subject matter jurisdiction, conflict of laws, the effect of foreign judgments, the role of international organizations and transnational governments, and alternative methods of dispute resolution.

IP 429A-Z Master Classes on Advanced Topics in Intellectual Property Law (1)
Master classes are offered each semester on advanced topics in intellectual property law. The classes are held either in a one-week session of three-hour evening classes, or in a two full-day format. Recent topics have included Year 2000 Problems and Advanced International Trademark Law.

IT 825 Multimedia Licensing and Transactions (2)
This seminar covers a broad range of legal issues related to the ownership, use, and transfer of multimedia works such as computer software, interactive television, online services, and hypermedia. Copyright and licensing issues will be emphasized, but other intellectual property interests as well as regulatory and tort liability issues will also be explored.

IT 893 Practicum in Information Technology Law (1-2)
The practicum involves substantive work in the field of information technology law performed in a law practice setting under the supervision of attorneys in private, corporate, or governmental practice. Practicum assignments must be approved by the director in advance, and grading is on a pass/fail basis based upon an evaluation of the student's work. Students may register for either 1 or 2 credit hours of Practicum work within a semester or summer term. Students may repeat the Practicum in subsequent semesters for a total of up to 4 credit hours toward the LL.M. degree. (Open only to LL.M. students; not eligible for joint-degree J.D. credit.)

IT 845 Privacy Rights (2)
This seminar considers the historical foundation and current status of privacy rights in America 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.

IP 423 The Rights of Publicity and Privacy (3)
This course examines the origin, creation and protection of publicity and privacy rights in the context of intellectual property issues. Course readings and class discussion are supplemented with guest speakers who have experience in these issues.

IT 800 Substantive Law Overview (2) *
This course introduces non-legally trained students to the basic substantive areas of law. Policy considerations as well as legal issue spotting will be emphasized.
(Open only to M.S. students. Must be taken concurrently with IT 805.)