INFORMATION TECHNOLOGY AND PRIVACY LAW: Curriculum

​Courses offered vary widely in order to stay abreast of new developments in law and technology. Courses include:

• ITP 848 Computer Crime, Information Warfare, and Economic Espionage (2)
• ITP 820 Contemporary Problems in IT Law (3)
• IP 406 Copyright Law & Practice (3) *
• ITP 881 - ITP 881 Current Topics in Information Technology Law (1-2)
• ITP 808 Cyberspace Law (3) *
• ITP 830 Electronic Commerce Law (2)
• LAW 270 / ITP 870 E-Discovery, Digital Evidence and Computer Forensics (2)
• ITP 812 Ethics of Practicing Law in a Digital World (2)
• ITP 841 Free Speech in Cyberspace (2)
• ITP 855 Global Privacy Law (2)
• ITP 821 Health Information Privacy (2)
• ITP 815 High Technology Litigation (2)
• ITP 897 Independent Research in Information Technology Law (1-3)
• ITP 801 Information Law, Policy and Privacy (3) *
• LAW 178 / ITP 878 Intellectual Property in a Digital Environment (3) *
• ITP 850 International Telecommunications Law (2)
• ITP 805 Introduction to Legal Analysis (1) **
• LAW 161 / ITP 861 IT Drafting: Information Technology Law/Representing the Technology Client (2)
• ITP 818 Journal of Computer & Information Law (1)
• ITP 893 Practicum in Information Technology and Privacy Law (1-3)
• ITP 845 Privacy Rights (2)
• ITP 822 Regulation of Health Information Privacy (2)
• ITP 800 Substantive Law Overview (2) **
• ITP 803 Technology and the Law (2) *
• ITP 810 Technology & the Practice of Law (2)
• ITP 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:

ITP 801 – Information Law, Policy and Privacy (3). This seminar explores a variety of issues concerning information and information privacy law and policy. Topics will include consumer privacy, protection of personal health and financial information, the right of access to information, the free flow and use of information, the value of personal information, commercial uses of personal information, privacy implications of emerging technologies and the roles of government and the private sector in protecting information privacy. Specific topics and materials may be adjusted according to current events and students' experience with and interests in information privacy. [top]

ITP 803 – Technology 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 emerging technologies, computer systems, hardware and software; legal aspects of sale or lease of technology 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 the development and use of technologies. [top]

ITP 808 – 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/ITP 878 – 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:

ITP 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:

LAW 270/ITP 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]

ITP 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]

ITP 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]

ITP 812 – Ethics of Practicing Law in a Digital World (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). [top]

ITP 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. This is a paper course. [top]

Law 161/ITP 861 – 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]

ITP 818 – Journal of Computer and Information Law (1). The John Marshall Journal of Computer & Information Law is an international law review dedicated to current issues in information technology and privacy law. As one of the first of its kind, the Journal fills a unique niche among legal academic publications, addressing cutting-edge topics with input from scholars around the world. 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 who successfully complete the candidacy program may choose to serve as a staff editor and receive an additional hour of academic credit. Grading is on a pass/fail basis. (Open only to LL.M. students; not available to M.S. students) [top]

ITP 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]

ITP 821- Health Information Privacy (2). This course provides an overview of health information privacy law and policy with special emphasis on emerging issues such as the privacy implications of electronic health records, medical identity theft, pandemics, medical research and genetic information. Students will examine technology advancements in health care and where and how those can be leveraged to deliver reasonable expectations of privacy of health information. This paper course is offered as a traditional "live" course and an online course. [top]

ITP 822 – Regulation of Health Information Privacy (2). This course examines the privacy and related security provisions of the Health Insurance Portability and Accountability Act (HIPAA) and implementing rules, as well as the supplemental legislation in the American Recovery and Reinvestment Act of 2009 ("ARRA"), specifically the provisions in the Health Information Technology for Economic and Clinical Health Act ("HITECH Act"). Applicable federal and state laws as well as other regulatory mechanisms affecting health information privacy will be addressed. Students will explore compliance issues and gain practice in drafting applicable documents such as privacy policies. This paper course is offered as a traditional "live" course and an online course. [top]

ITP 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]

ITP 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]

ITP 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]

ITP 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]

ITP 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]

ITP 855 – Global Privacy Law (2). This seminar explores the global implications of the flow of information across jurisdictional lines and the conflicts of laws and culture regarding the protection of information and information privacy especially in the context of content or expression in communications. Students will examine and compare international laws and other mechanisms that regulate privacy and information exchange across national boundaries. Special attention is given to European Union, Asia/Pacific and Canadian privacy directives and their impact on global commerce. [top]

ITP 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]

ITP 881 - ITP 880 – Current Topics in Information Technology Law (1-2). The current topics seminar focuses on a specific area of technology & privacy law. Students will examine current controversies and technological developments as they relate to the traditional legal framework. Offerings have included Internet Fraud, Workplace Privacy, Computer Security, Gateways and Barriers to Marketing Through Technology, Corporate Privacy and Medical Identity theft. [top]

ITP 893 – Practicum in Information Technology and Privacy Law (1-3). The practicum involves substantive work in field of information technology law performed in a law practice setting under the supervision of attorneys in private, corporate or governmental practice. The director must approve practicum assignments in advance, and grading is on a pass/fail basis. 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 available to Joint J.D./LL.M students or M.S. students). [top]

ITP 897 – Independent Research in Information Technology and Privacy Law (1- 3). An Independent research project must be approved by the director. It requires scholarly research resulting in a quality written product that makes a significant contribution to the field of information technology or privacy law. Student may register for either 1 or 2 credit hours of independent research toward the LL.M or MS degree, and a combined total of 4 credit hours for the Journal of Computer and Information Law (ITP 818) Independent Research in Information Technology and Privacy Law (ITP 897). [top]

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