This is a specialisation course. It depends upon the number of participants whether the course will take place
This course offers an orientation to the TILT research group and to the main themes of research in the field of technology and the law. We will do this by discussing several themes covering multiple fields of law. These themes are:
a) Dilemmas of information Information needs to be spread and protected at the same time. How to value the
free flow of information-principle with regard to concerns of privacy and copyright?
b). Dilemmas of enforcement ICT regulation shows us new dimensions, such as the ongoing internationalisation of ICT, which makes enforcement all the more difficult. However, technology could offer solutions for enforcement as well. The question rises to what extent technological enforcement is desirable in the light of the risk of breach of other interests, such as freedom of choice and transparency.
c). Dilemmas of responsibility ICT often involves a variety of actors: parties committing legal acts, intermediaries such as internet service providers and information brokers. Especially the role of intermediaries is heavily debated: should they bear responsibility for the contents of communication or the validity of information? If so, to what extent are they to be held liable?
d). Dilemmas of regulation In regulating ICT, several simple starting points are often stated, such as
what holds off-line should hold on-line’ andregulation should be technology-neutral’. But the simplicity of these starting points is deceiving: in what cases is
on-line comparable to
off-line, and does regulation that is technology-neutral offer a sufficient amount of legal certainty?
By the end of the course, the student should be able to:
I. Acquiring knowledge and understanding of:
• the importance of law and legal practice for professionals from various disciplines to questions about care and responsibility in the information
• a method (legal requirements engineering, continued: LRE) for legal issues in IT projects to identify and treat.
II. Being able to design and implement:
• LRE an ex ante analysis for a procurement project.
• LRE an ex post analysis of an ICT contract problem.
Theme 1 Fix (Schmidt)
• Legal challenges of the Information Society
• Procurement, projects, subcontracting, outsourcing
• LRE: an introduction
• Prejudice and flexibility
• Lock-in situations and remedies
• Is a Second Life bank robbery in a bank robbery in the information?
Theme 2 Contracts, conformity, conscientiousness, responsibility (Van der Klaauw-Koops)
• Public borders
• Principles of Civil Law in the Information Society
• SMART contracts
• Service levels
• The meaning of administration and archiving in order to proof problems
• Some procedural principles
Theme 3 availability, confidentiality and security: duties of care (Schmidt)
• Intellectual Property in the Information Society (DRM)
• Privacy in the Information Society (DRM)
• Privacy in the Information Society (DRM)
Theme 4 multidisciplinary cooperation (Schmidt)
• LRE: Institutional Analysis
• Metajuridica: the morality of ICT services, conditional intent, fault
• The practice: when will (or consult us) what lawyers?
The schedule is tailor-made and will be defined by mutual agreement. A detailed table of contents is published in ELO.
Mode of instruction
The course combines lectures, case studies, interactive discussions, assignments, research and a final paper. Students are required to fill in expected study efforts (SBUs) by co-operating, self-study and to explore literature on available resouces such as libraries, internet, etc. There is a preparatory assignment before the first meeting.
• Presentations and discussion required reading
• presentation and discussion of a European procurement project (2 meetings)
• Presentation and discussion of issue of ICT in the practical realm of law students
• Making a case about making a contract.
• Writing an LRE analysis based on an independent study conducted.
• Performances during lectures (20%)
• Individual presentation and analysis of a procurement project (20%)
• Individual presentation and analysis of a legal issue from the practice of the student (20%)
• LRE analysis based on an independent study conducted (40%)
Mandatory and supposedly known literature – C.J. Loonstra Others Orientation Law, Wolters-Noordhoff, ISBN 90 01 60436 3 – Articles distributed during the master class (via the electronic environment)
Teachers will provid a reader.
Preparatory mission to be carried out before the first meeting:
- You read the book by Orientation Law (ISBN 987 90 01 60436 3, 6th edition) – You identify the problem you encounter when reading the contents. In the first meeting there in detail. – You provide an A4, what your expectation is how the knowledge in ICT & Law intends to enforce in your strategic research theme. – You provide a current CV and a description of your chosen strategic research theme.
For more information, please contact Programme Co-ordinator ms. Judith Havelaar LL.M