Legal Issues & New Mediaweb-app.usc.edu/soc/syllabus/20121/20636.pdf · Dr. Rita M. Lauria Spring 2012 Legal Issues & New Media COMM 422 ... the value of networks, and the theories

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Dr. Rita M. Lauria Spring 2012

Legal Issues & New Media

COMM 422

Ffff Media Interface & Network Design™ (M.I.N.D.) Labs

Legal Issues & New Media Dr. Lauria

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Legal Issues & New Media: Course Description and Objectives

A parallel universe of pure information exists simultaneously with that of mass. This "as if" realm is commonly known as cyberspace. It is a virtual reality. John Walker, who headed Autodesk, Inc., defined cyberspace as "a three-dimensional domain in which cybernetic feedback and control occur (See John Walker, "Through the Looking Glass," in The Art of Human-Computer Interface Design, ed. Brenda Laurel, Addison-Wesley Publishing Company, Inc., 1990, p. 444).

Randy Walser, another cyberspace developer, noted there are two cyberspaces: cyberspace the communications medium, and cyberspace the phenomenon.

Cyberspace the phenomenon is analogous to physical space. Just as physical space is filled with real stuff (so we normally suppose), cyberspace is filled with virtual stuff. Cyberspace, the medium, enables humans to gather in virtual spaces. It is a type of interactive simulation, called a cybernetic simulation, which gives every user a sense that he or she, personally, has a body in virtual space. (See Randy Walser, "Elements of a Cyberspace Playhouse," in Proceedings of National Computer Graphics Association '90 (1990), p. 405).

The course catalogue describes this course as examining the laws and regulatory policies shaping new media, especially the Internet, and the impact of regulation on the development and use of communication technology. We will also look at the foundations and development of the Internet and will examine the phenomenon of cyberspace itself as it is within the context of cyberspace that new media develop and are employed. First, we will take a brief look at the historical development of the Internet and advanced computing. This development allowed for new media communications. Then we will jump ahead, taking a look at some potential legal issues relevant to the future of new media, specifically looking at avatars and virtual environments. In addition, in this introductory curricula component for the legal environment of new media, we will examine the phenomenon of cyberspace, looking at it scale, its mapping, the value of networks, and the theories of governance, or shared principles, norms, rules, decision-making procedures, and programs that shape the evolution and use of the Internet. In the remainder of the course, we will cover specific legal issues, including intellectual property rights, freedom of expression on the Internet, privacy, security, cyber crime, and jurisdiction and zoning as it relates to the Internet. We will examine Ecommerce laws and regulations, learning about structuring and drafting web site terms and conditions, privacy polices, and other important legal considerations and best practices for new media development and use. By the end of the course students should have a good understanding of the basic principles underlying the regulation of new media as well as a deep appreciation for the potential of these new media to drive change in the legal environment.

The goal of this course is primarily to introduce you to a subset of problems lawyers address as these new media develop and cyberspace grows. Another goal is to introduce you to professionals working in areas where law and new media converge.


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We may have guest lecturers who will share their expertise in Trademark Law, Cyber crime, and other topics. Finally, a goal of this class is to give you some practical tools you can use as you develop your own new media communications.

Students will examine legal principals affecting the use and growth of cyberspace with an emphasis on the Internet, including the following:

• Jurisdiction • Copyright • Trademarks and domain names • Patent law • Spam and cyber crimes • Privacy polices/protections • Emerging liability issues in social networking • First Amendment • Contracts

Instructor Information

Instructor: Dr. Rita Lauria

Bio

Rita Lauria, JD, PhD former Associate Professor of Communications Law and New Media at the University of North Carolina currently practices law in Los Angeles while continuing to extend an understanding of mind and media. Rita is Research Associate of the Media Interface and Network Design (M.I.N.D.) Labs (http://www.mindlabs.org), an international consortium of networked researchers who probe the development, design, and effects of advanced new media technologies. The lab’s work involves a focus on technology in the context of human use and cognition, with the design goal of finding human-computer interaction techniques that amplify cognitive processes. These include perception, pattern recognition, creative thought, decision-making, and memory. Lab work proceeds through different areas of research: embodied computing, intelligent environments, networked minds, psychosocial effects, and ecommerce. Rita’s early work with the M.I.N.D. Labs fell within the area of embodied computing, with a research program focused on Virtuality. She looked at Presence in Virtual Environments and worked towards building a conceptual framework for the understanding of Virtuality. Currently, she expands this interest to ecommerce, where she investigates the potential of new media to drive change in communications and intellectual property law.


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Rita has worked and lived in several countries, living most recently with the indigenous people of Micronesia where she served as Advisor for Communications to the Secretary (Minister) of Transportation, Communication, and Infrastructure of the Federated States of Micronesia (FSM) (http://www.visit-fsm.org/. Her research and work incorporates this experience, looking at how changes in new media technology drive social, political, and legal change by driving changes in the nature of commerce, and therefore in social needs and expectations. Her early Law and Regulation of International Space Communication stands as a foundational reference work. This work looked specifically at the changes in international communications law among nations and the impact upon policy and regulatory regimes brought about by new communications media.

Office/ ASC 323 Office Hours: By appointment. I will be sharing office space with other instructors. Therefore, while students may generally find

me in this shared space immediately prior to class, I advise emailing me to set a firm appointment. I will make every effort to accommodate students prior to class pm. Please feel free to email requesting a time to meet. I will make every effort to make myself available if the need arises.

Home Phone: To be given in class. For emergencies or any other matter of great importance, I am available at my home.

Please respect the use of this number.

Email: [email protected]

Format

We will meet twice a week from 5:00 – 6:20 pm. During this time we will discuss the assigned readings for the day, enjoy the presentations of any guest lecturers, or attend to other business as dictated by the natural flow of the class. My style is to complete coverage of all assigned material. However, I realize flexibility is necessary as unanticipated issues may come up. Therefore, while the pace of our class will be driven by the goal of completing each component topic as listed in the syllabus, I reserve the right to make changes when necessary to the class calendar.

Please note: If an emergency or other relevant life event occurs to interfere with a student’s ability to keep up, please notify me as soon as possible. I will make every effort to accommodate each student should a time of great need arise.


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Class Format

Presentations and discussion lead by Dr. Lauria, guest presenters, or student discussants.

Requirements:

Students should come prepared to discuss the readings assigned for the day and be familiar with the key principles, laws, regulations, theories, and concepts presented in those readings.

Attendance: Mandatory. I will start each class on time. We also may have guest presenters to our class. Therefore, students must be on time and prepared to participate. We may also have unannounced quizzes. No make-ups will be allowed.

Student Information Sheet: All students must complete a student information sheet by the first day of class. This info sheet can be found on Blackboard under “Content.” Please download the sheet, fill it in, either scan and email it me prior to the start of class or bring it with you on the first day of class. The phone number and email address should be accurate and current.

Academic Integrity: Enrollment in this class means that you agree to abide by the expectations of the Annenberg School for Communication and the University of Southern California about academic integrity. Consult the University’s Academic Integrity code as set forth in the Scampus guide. The School of Communication follows the policy of reporting all violations of the code. Avoid cheating, plagiarism, and improper or illegal use of technology. Any questions you have please consult Dr. Lauria. Any such impropriety will result in a failing grade for the class and the student’s expulsion from the Communication major or minor.

Equity Policy: All persons regardless of age, race, religion, gender, physical disability, or sexual orientation shall have equal opportunity without harassment in this class. Any harassment should be reported immediately to either the classroom instructor or to the Department Head.

ADA Compliance Statement

“Any student requesting academic accommodations based on a disability is required to register with Disability Services and Programs (DSP) each semester. A letter of verification for approved accommodations can be obtained from DSP. Please be sure the letter is delivered to me as early in the semester as possible. DSP is located in STU 301 and is open 8:30 a.m. – 5:00 p.m., Monday through Friday. The phone number for DSP is (213) 740-0776.”

Counsel: please feel free to meet with me to discuss any problems you may encounter with the course or with your assignments, or simply just to talk. Make an appointment to set a time.


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Readings & Resources

Some readings are available online. In some cases there are printed readings, which I will either make available in class or will put in the Annenberg Resource Center – ASC 104.

Fair Use of articles posted on Blackboard from Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (Patricia L. Bellia, Paul Schiff Berman, Brett M. Frischmann, & David G. Post, David, 4th Ed. 2011) will be found on Blackboard, hereinafter “Cyberlaw.”

While I do not require you purchase the Bluebook, you will be required to use the BlueBook for citation style.

THE BLUEBOOK: A UNIFORM SYTEM OF CITATION Edition: 19th ed., 2010 ISBN: 9780615361161

Library Research Guides – Access many electronic research resources here: http://libguides.usc.edu/communication

How to brief a case – See: http://www.lawnerds.com/guide/briefing.html

Some Websites:

Cyberlaw – Cyberspace Law Bibliography http://www.gseis.ucla.edu/iclp/bib/html

The UCLA Online Institute for Cyberspace Law and Policy: http://www.gseis.ucla.edu/iclp/hp.html

Berkman Center for Internet & Society: http://cyber.law.harvard.edu/

Stanford Law School – The Center for Internet and Society: http://cyberlaw.stanford.edu/

Electronic Frontier Foundation: http://www.eff.org/

Creative Commons: http://creativecommons.org/

Social Science Research Network: www.ssrn.com (type in author’s name or title to pull articles)


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Los Angeles County Bar Association, Entertainment Law and Intellectual Property Section, Resource & Materials Page: http://www.lacba.org/showpage.cfm?pageid=11043

Guest Presentations

During the semester we may have different specialists visit our class. These people have freely given of their time to meet with us and to share their expertise. I expect every student to be present on the days specifically scheduled to welcome our guests. Points will be deducted for unexcused absences on these days (See immediately below). If you have an emergency or know that you must be absent on one of the days scheduled for a guest lecturer, please notify me in advance.

Grading & Assignments

Students will be graded on their performance in the following areas, with 100 points maximum.

Participation/Attendance/Quizzes 10% Topic/Project Proposal 10% Quiz 15%

Paper/Project Proposal (Due Midterm) 25% Research Paper/Project /Presentation 40%

Guest Presenters Dates TBD

Note: Depending on the class constituency and size, I reserve the right to modify these assignments as necessary.

Final Presentations will take place and on the scheduled Final Exam Date & Time and if enrollment numbers necessitate, a portion of the last week of scheduled class may also be set aside for student presentations.

Final Exam schedule - http://www.usc.edu/academics/classes/term_20121/finals.html


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Research Project

Departmental requirements for 400-level classes and above require a research and writing component. Your work in COMM 422 will culminate in a final research paper or new media project, incorporating all applicable legal issues you learned about throughout the semester. You are to submit a brief topic or project proposal that describes what you intend to research and to write about or the project you intend to build. You must also submit a more detailed paper or project proposal (See Appendix below).

Written assignment and/or Project Production:

If you choose to write a research paper for your final project, the paper will be based on relevant case law, law review articles, and professional legal publications, whether trade or other refereed journals. You must use a legal methodology when writing about the topic of your choice, whether it be on privacy, copyright, cyber crime, First Amendment issues related to new media, or any other specific issue you find fascinating, disturbing, or just plain fun. You must use and follow the style of The Bluebook: A Uniform System of Citation to cite all references. This Bluebook is available in the law school library, or you may purchase a copy from the bookstore. Consult the most recent edition for proper citation form when citing references in your paper. While you are probably accustomed to using APA, MLA, or other style guides, learn and use The Bluebook method of citation for the required written work in this class.

If you choose to produce a new media project, substantial theoretical and methodological grounding must subtend the conception and design of the project. Such projects must incorporate sound legal principles and practices as covered in the readings and/or as discussed in class. Examples of such new media projects include student-developed websites, blogs, digital stories, Second Life worlds, ecommerce outlets, professional social networking sites, wikis, digital portfolios that showcase you or another, or other new media works. For instance, if you choose to build a website, you must consider all relevant legal issues we will discuss, e.g., terms of service, privacy notices, DMCA compliance, use of intellectual property, choice of law and forum, data security, and any other legal condition that we cover in class or in the required reading.

The goal is to allow you the opportunity to create a new media project that not only applies the principles of law you have learned in class but that also allows you to build a tangible, creative piece that you can use to illustrate your abilities to potential employers or to others. (Depending upon the breath of concept and development of the project, students may work as a team of developers. All team projects must be proposed as such in early February in the brief Project Proposal and are subject to approval by instructor. This due date ensures early consultation with your instructor and is required).

Whether a paper or a project, you should pick a topic of interest to you and build around this. If you choose to write a research paper, prepare a 20-25 page, double-spaced, paper – due on the day of your presentation. Completion of new media projects will be due also on the day of their presentation.


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Each student will be required to give a 10-15 minute presentation of her/his project or paper. These presentations may begin in the last week of class and conclude on May 3 - the final examination period. Every student will support their classmates by attending all the presentations whether they have presented their paper or project or not. A sign up sheet for presentation day will be available by mid-semester.

Classroom Presentation

The final exam period, and if necessary, a portion of the last day of classes, will be devoted to student presentations of their final projects or research papers. Presenters are expected to prepare a 10-15 minute presentation, informing the class of the legal topic chosen, the thesis argued, and why this particular topic/thesis/argument is of interest and importance. You will brief the class on your findings and conclusions. You may prepare a powerpoint show to accompany your presentation, but are not required to do so. However, proper design and use of visual aids are proven to be effective when conveying knowledge and may result in a higher grade accordingly. New media projects will be visually presented.

Outline of the key topics

Week 1 January 10-12, 2012

Week 1

--------- Foundations – Historical Review & Key Technical Infrastructure: New Media, New Way of Thinking

Discussion:

What makes new media different than ‘old media?’

What is cyberspace? Is it only the Internet?

What policy ensured the implementation of our new media environment?

How do new media empower and/or constrain?

• As our new media evolve, do our rights become at risk with each new media wave?


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Week 2 January 17-19, 2012

Week 2

-------- Governance & Jurisdiction

Readings Jan. 17

REQUIRED: “Internet Basics”: On Blackboard.

Law & Borders -- The Rise of Law in Cyberspace by David R. Johnson and David G. Post – www.temple.edu/lawschool/dpost/Borders.html

REQUIRED: How to brief a case – See: http://www.lawnerds.com/guide/briefing.html

Other Readings as Assigned

Discussion:

What is law? And jurisdiction? …


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Week 3 -4 Jan 24- Feb 2, 2012

Week 3-4

-------- Intellectual Property – Copyright, Digital Millennium Copyright Act

Jan. 24 - No Class

GUEST SPEAKER – Professor of Law Ashley Lipson Professor Lipson teaches copyright, entertainment, video game law, civil procedure, and other courses at the University of La Verne College of Law. Copyright & Trademark

!Topic Proposal Due! – Feb. 2, 2012

Week 5 -6 2/7 - 2/16, 2012

Weeks 5-6

--------- Intellectual Property –Trademark, Patent, Trade Secrets

Other readings as assigned

GUEST SPEAKER – Feb. 9


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Week 7-8 2/21 – 3/1, 2012

Weeks 7 - 8

-------- Cyber crime, CAN-SPAM Act

GUEST SPEAKER – Feb. 23 Jonathan Fairlow, Deputy District Attorney, Los Angeles

County, speaks on cybercrime.

!Research Proposal Due! March 1, 2012

Week 9 3/6 - 3/8, 2012

Week 9 -------

GUEST SPEAKER – March 6 - Kevin Gilliger, Deputy City Attorney & colleague. Kevin heads up the counterfeit section and his colleague heads up our Project TOUGH - Gang and Drug abatements. The City Attorneyʼs Offices sees more gangsters and organized crime


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involved in counterfeit now. Therefore, both attorneys will present. Colleagueʼs name to be announced …

**QUIZ** MARCH 8, 2012

Week 10 3/12 – 3/16, 2012

Week 10

Spring Recess – No Class

Week 11 -12 3/12 – 3/16, 2012

Weeks 11 - 12

------- Privacy

Readings:


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The Right to Privacy by Warren and Brandeis –

http://groups.csail.mit.edu/mac/classes/6.805/articles/privacy/Privacy_brand_warr2.html

Other readings as Assigned

Weeks 13 - 14 April 3 - 12, 2012

Weeks 13 -14

First Amendment – Free Speech, Defamation, Communications Decency Act, Obscenity & Pornography, Hate Speech

Readings as Assigned

Week 15 April 17- 19, 2012

Week 15

--------- Contracts – Web Site Terms & Conditions & Web 2. And Beyond

Readings as Assigned

Week 16 April 24 - 26, 2012

Week 16

------------- Wrapping Up


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Appendices

Appendix 1: Topic/Project Proposal

A brief Topic/Project Proposal defining your project or paper topic and the resources you will need and will use to develop your topic/project will be due the first week of February.

What is a Topic/Project Proposal? Basically a topic proposal is a tentative sketch that elaborates what your proposed paper or project will be about. The purpose of this initial proposal is to start you thinking about your research paper or project and how you will present it or build it. The intent is to help you to clarify what you will be researching, writing about (or producing), who you are writing to (i.e., who is your audience?), and what motivates you. Each of these specifics must be in your proposal. The intent is to stimulate early thinking and preliminary work on your topic or your project as well as to help guide you towards your objective (2-page double-spaced maximum).

Appendix 2. The Research Paper/Project Proposal

Paper/Project Proposal Guidelines The paper or project proposal will consist of an introduction to the paper or project, including the thesis statement, a literature or case review, a justification and/or methodology section, an elaboration of the issue(s) you will address, and a preliminary bibliography. It will be due the first week of March. After completing this Proposal you should have more than one-half of your final paper/project complete, if you plan efficiently and accordingly. Therefore, as you write this Proposal think in terms of it being the preliminary draft of your final paper/project requirement.

Research papers will be evaluated according to standards established by national conventions at which such types of papers are presented. These standards include:

1) originality and importance of the topic;

2) conceptualization and literature/case review;

3) clarity of argument and focus;


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4) research methods and use of original, primary sources;

5) evidence supporting the paper's stated purpose, focus, and conclusions;

6) quality of writing, organization, and presentation; and

7) degree to which this work contributes to our understanding of new media law.

[For a succinct essay on how to do good legal writing, see Good Legal Writing: of Orwell and Window Panes by Pamela Samuelson, 46 University of Pittsburgh Law Review 149 (Fall 1984)]. Available: http://people.ischool.berkeley.edu/~pam/papers/goodwriting.html#fn9

Introduction. A brief overview of the problem, or in the case of a project, the opportunity, to be addressed -- even to the point of saying: "The purpose of this paper (or project) is …. Several ways exist to introduce your issue/problem/opportunity, including, but not limited to saying: Part I focuses on …. Part II presents … etc.

Research question(s). In the introduction of the proposal, you provided a brief statement of the issue or purpose of the project. Here you elaborate, listing, and if necessary, explaining the specific issues you will address, including background information the reader needs in order to understand the issue. Remember that you must prove your argument in the course of your work. With regards to a project, you must provide the conceptual design that will allow you to pull off your objective.

Literature/Case Review. THIS PORTION OF THE PROPOSAL IS ABSOLUTELY ESSENTIAL. The literature/case review is designed to:

1) familiarize the reader (and you) with what legal decisions have already been rendered on your topic;

2) demonstrate that your research bears originality, and

3) show where this work fits into the general literature in the field, that is, what gap it will fill in the relevant body of knowledge.

A literature/case review is not an annotated bibliography. A literature/case review should not be just a series of disjointed paragraphs summarizing each case or article. The literature and cases must be READ, summarized, discussed and


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analyzed, not just listed. It will probably be necessary for you to categorize the literature and cases you survey to make sense of it for yourself and for your reader. **See http://www.writing.utoronto.ca/advice/specific-types-of-writing/literature-review

The literature review should cover the cases and/or scholarly literature you intend to use to make your point -- books and articles found in scholarly or academic journals. For some topics, articles in trade journals or more popular publications may be useful. Keep in mind that computerized searching finds only a small percentage of the relevant materials. In searching for pertinent materials, do not forget to read the footnotes in what you do find. The same is true for checking bibliographies of books that are appropriate to your subject or project concept. If we do not have articles or books relevant to your subject in our libraries, Inter-Library Loan can obtain this information for you, but there is a time lag involved after placing such requests. If you need to use Inter-Library Loan make sure to allow yourself enough time to obtain the material. If you are building a new media project, you will engage in a similar type of research review as this research will serve as the foundation of your concept design.

Justification. The literature/case review is the lead-in to the next section of the proposal in which you justify the importance of and the need for your research/project. Why is this work/project worth doing? Why is this problem/project important? What remains to be done in the area? Have there been new developments in the area? Is there a current conflict about the subject that your research might help to settle? Would your work help to fill in the gaps in our understanding of a particular issue/opportunity?

Method. The methodology section is the place to define your relevant terms. You might also want to explain the limitations of your study here -- what exactly will you not include in your study/argument/project that a reader/viewer might expect to find, and why are you excluding it? What resources are not available that might be relevant? Legal scholars treat methodological discussions differently from those presented in most other disciplines. Much of the detailed discussion of your approach to your subject is left to footnotes. You must, however, explain your method of research in some place. That place is here or for specific legal definitions, in the footnotes of your paper.

Preliminary bibliography. Divide this into primary and secondary sources. Primary sources would include court decisions and briefs congressional debates and hearings, contemporaneous newspaper and magazine articles and editorials, collections of letters, and archival materials. Secondary sources would include books and articles commenting on your topic.


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The proposal should also include your plan and timeframe for:

1. The Research Stage.

• Use research databases and bibliographies as guides to find credible sources for your literature/case/concept review. You may incorporate trade sources as well as academic sources.

• Read the sources and take notes in outline form.

• Set up any interviews, conduct any surveys, or observe any event(s) that are pertinent to your work.

2. The Writing/Production Stage.

• Work from your outline to organize your first writing or concept draft.

• Craft your thesis/issue/project proposal, citing the issues, challenges, and opportunities presented. This statement should state your central claim, the main point, or what questions your paper/project aims to answer/present.

• Write the body of the first draft paper or draft the concept map, supporting each section with source material (content), and citing each source. Use the appropriate Bluebook style.

3. The Revision/Revamping Stage

• Read or review the entire draft or concept plan and fill in any gaps in support of its design.

• If possible get an outside reader or critic to review the draft work and to critique it.

• Improve the clarity of the draft or project concept.

• Reread the entire draft and improve on style or mount the project for review and test of functionality.

4. The Proofreading Stage. Project cohesiveness and functionality.


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• Proofread entire document for grammatical, punctuation, mechanical, spelling, and typographical errors. For projects, test all aspects for proper flow and functionality.

• Print two copies of the final draft. Submit one and keep one. For the new media project, if on disk, make a backup disk. Keep one copy and turn in one copy.

Legal Issues & New Mediaweb-app.usc.edu/soc/syllabus/20121/20636.pdf · Dr. Rita M. Lauria Spring 2012 Legal Issues & New Media COMM 422 ... the value of networks, and the theories

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