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Required Courses:
Computers and the Law (2) IT 803
This course is designed to give students an awareness of the legal issues surrounding the development and use of computer and other technologies. Subjects include an introduction to computer systems and other applicable technologies; legal aspects of the sale or lease of technology and technology based services; and special problems in contract, tort, intellectual property, and information law arising from the use of computer and other technology.
Copyright Law and Practice (3) IP 406
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. (Equivalent course may be substituted with Center Director’s permission).
Cyberspace Law (3) IT 808
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.
Information Law and Policy (3) IT 801
This seminar considers the historical foundation and current status of information law and policies. Students examine a variety of issues concerning informational privacy: the gathering, use, manipulation, dissemination, and protection of information about individuals and organizations held by third parties. Topics include the right of access to information, the free flow and use of information, the creation and value of an individual’s “digital persona,” and the roles of government and the private sector in protecting informational privacy. Specific materials may focus on consumer data privacy, confidentiality of financial and medical information, access to criminal history records, protection of personal information held by the government, workplace privacy issues, and much more.
Elective Courses:
Computer Crime, Information Warfare, and Economic Espionage (2) IT 848
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.
Contemporary Problems in Computer Law (3) IT 820
Topics discussed in this seminar may include technological developments, recurring and significant issues in electronic contracting, 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.
Current Topics in Information Technology Law (1, 2) IT 880, IT 881
The Current Topics seminar focuses on a specific area of information technology or 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, the Microsoft Antitrust Litigation, Regulatory Compliance Regarding Health and Financial Information, Protecting Children Online, Unsolicited Commercial E-mail Marketing (SPAM), and Online Access to Legal Services.
Electronic Commerce Law (2) IT 830
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.
Electronic Document Certification (2) IT 835
The course focuses on the law governing electronic contracting, 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.
Free Speech in Cyberspace (2) IT 841
This seminar considers the legal and policy questions arising from the borderless and relatively open communication channels of the Internet. Course content includes First Amendment interpretations in the digital, electronic environment; media practices in accessing personal or proprietary information in cyberspace, using the Internet to supplant or supplement traditional media dissemination and the tension between free speech and intellectual property rights. Students will explore questions of rights and liabilities in connection with obscenity, pornography, commercial speech, harassment, hate speech, defamation and invasions of privacy.
Governance and Regulation in Cyberspace (2) IT 865
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.
High Technology Litigation (2) IT 815
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.
Independent Research in Information Technology Law (1-2) IT 897
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 and Information Law (IT 818), and Independent Research (IT 897).
International Privacy Protection: Transborder Data Flow (2) IT 855
This seminar explores the global privacy implications of the flow of information across jurisdictional lines; conflicts of laws and culture regarding content or expression in communications; and comparative analysis of U.S., European Union and other laws that regulate privacy and information exchange across national boundaries. Special attention is given to the European Union Directive on Data Protection.
International Telecommunications Law (2) IT 850
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.
Journal of Computer and Information Law (1) IT 818
The John Marshall Journal of Computer & Information Law is an international law review that focuses on the latest developments in computer technologies, information policies and privacy rights. 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 joint J.D./LL.M. or M.S. Students.)
Jurisdiction and Judgments in Cyberspace (2) IT 860
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.
Lawyering Skills Specialty Drafting: Information Technology (2) Law 161
This is an advanced drafting course designed to provide students 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 students through the process of creating the documents necessary to represent a client starting a new business including retainer agreements, licensing agreements, privacy policies, and other documents such as those common in dispute resolution used by practicing attorneys who represent start-up and high-tech clients.
Master’s Thesis in Information Technology Law (3) IT 899
The master’s thesis option involves the writing of a scholarly thesis suitable for publication, and its presentation and defense before a panel of faculty and students. The topic must be approved by the director, and the thesis must be written under the supervision of a full-time faculty member. The option is available to LL.M. and M.S. degree candidates who have completed at least 10 semester hours toward the degree.
Multimedia Licensing and Transactions (2) IT 825
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.
Practicum in Information Technology Law (1-2) IT 893
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 available to Joint J.D./LL.M. or M.S. students.)
Privacy Rights (2) IT 845
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.
The Professional Responsibilities of a Technological Law Practice (2) IT 812
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 the Internet) to facilitate, advance and deliver legal services. Students examine the lawyer’s obligations, particularly to the rules of professional responsibility, in a technological or cyber-based practice.
Prerequisite: Professional Responsibility (Law 176)
Protection of Intellectual Property in a Global/Digital Environment (3) Law 178
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.
Technology in the Practice of Law (2) IT 810
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, litigation applications, electronic communication, electronic publishing, and billing and law practice management.
U.S. Telecommunications Law (2) IT 851
This seminar addresses the scope and effect of the federal Telecommunications Act of 1996, Illinois regulation of the telecommunications industry, and the relationship between state and federal telecommunication regulations and the industry.
Note: With the approval of the Center Director, up to six credit hours of advanced elective course work offered by other programs may be counted toward the LL.M. in Information Technology and Privacy Law.
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