Links to Full-Text Copies of Memos to Students

January 5, 1998

To: CLS98 Participants

From: Nicholas Johnson

Re: Assignments and Overview

Scope: The purpose of this memo is to provide you some guidance regarding the seminar in general, and assignments/expectations for the first three weeks in particular.

Although the weekly seminar meetings will be held, and what you will be doing during the first two weeks involves precisely (a) the same activities, (b) with the same people, (c) in the same place as if I were here, I will not be available to you during that time.

That is why it is more important than it might otherwise be that you (a) read this now, (b) keep it handy as a manual for future reference, and (c) bring to our first meeting/dinner January 5 any questions it may raise for you.

Cyberspace Law Overview: Every professor believes that his/her course is one of the most important. So you can discount a little what I am about to say. But I really do think there is nothing more (a) timely, (b) fun, (c) rapidly changing, and (d) practical for your legal career -- that is, the next 50 years -- than what we're about to do together.

The Internet embodies two of the most significant changes going on today: (a) telecommunications innovations, convergence, networking and expansion, and (b) the resulting globalization of everything.

The Internet is the fastest growing anything in human history -- and there's nobody in charge. Within the past couple years most major global business firms have created an Internet presence. Ironically, it is the platform for both (a) a rapidly expanding multi-billion-dollar commerce, and the ever-growing political power of global corporations (see, e.g., "Tomorrow Never Dies"), and (b) democratization movements empowering individual citizens and grassroots movements.

As for the legal profession, the Internet (a) impacts on the practice of law, including the legal profession's increasing globalization, (b) is a means of access to legal collections, and (c) is the source of whole new bodies of legal issues, conflicts, confusion and cases.

Historically, legislators, judges and lawyers have not focused on the extent to which "the law" is tethered to a geographical "place." It was so taken for granted that no one even thought about it. The Iowa legislature, Iowa courts, or lawyers licensed to practice in Iowa, all accepted without reflection that, of course, their authority stopped at the Mississippi and Missouri Rivers' edge. Virtually every area of the law made similar, unspoken, geographical assumptions.

Now we have a "new world disorder" called "cyberspace" with neither latitude nor longitude on Planet Earth. Last semesters' CLS seminar papers (which have been posted to the Web) come as quickly to computer screens in Bangkok as in Boston, they are as "local" to Warsaw as to Washington, D.C. (They are, in fact, getting "hits" from all around the world.) To the extent there is going to be a "law of cyberspace," it requires the rethinking of every area of our centuries-old, geographically tethered legal system.

The earlier in your career you can experience the "de-mystification" of the Internet -- what it is and how you can use it, the kinds of legal issues it raises, and the kinds of solutions lawyers can offer -- the better advantaged you will be in dealing with the world you'll face in the 21st Century.

Seminar Overview: My dictionary defines "seminar" as "a group of advanced students studying under a professor with each doing original research and all exchanging results through reports and discussions."

It's not bad as definitions go. You are presumed to be "advanced students" in every sense: (a) above average in ability, (b) well along in your formal education, and (c) fully capable of self-motivation and self-discipline. Given that this is a professional school, (d) you are also presumed to be developing as a "professional."

You will each be "doing original research." That is one of the reasons there is no formal "syllabus" as such. You will be preparing your own list of readings (which is explained more fully below).

Ideally, "original research" means that your topics will be sufficiently narrow that you can both (a) master the entire body of relevant material, and (b) contribute something original (as distinguished from mere description of the law, or summaries of the ideas of others ). (Properly done, this will substantially lessen, rather than increase, the amount of work you'll have to do.)

Because this is a law school, the bulk of your paper should consist of legal analysis -- as distinguished from, say, journalistic or scientific writing. (By "legal analysis" I mean that the paper should demonstrate your skill at such things as (a) synthesis of case holdings, (b) statutory or other textual interpretation, or drafting, or (c) doctrinal formulation or critique -- with, of course, proper citation form.)

Finally, you will be "exchanging results through reports and discussions": preparing individual seminar papers, which will be (1) shared, in some form, with your colleagues, (2) presented orally, (3) revised/rewritten, proof read, polished, and (4) "published" on the Web.

As soon-to-be lawyers you will, of course, want to review the "law and regulations" regarding seminars, found in the Student Handbook. They spell out the requirements regarding revisions, credit hours, writing credits, and so forth.

An additional, group, project will involve little more time and effort on your part than reprocessing the research you will be doing anyway. We will be preparing what we hope will be a genuinely useful, all-purpose, "Cyberspace Law Research Web Page." It, like your papers, will be "published" and available for public use.

Of course, all of the above requires your familiarity with "the Web."

Internet Familiarity: Every area of the law, every case, requires lawyers to become familiar not only with "the law" but with what is often a new body of factual information. This is but one of many aspects of the study and practice of law that makes it interesting and challenging.

In my own case, of dozens of examples, it has included how automatic transmissions work (patent law), how petroleum reserves move under the earth's surface (oil and gas law), how a state utility commission processes electric rate hikes (administrative law), how steel is made (anti-dumping law), shipyard manufacturing practices (Maritime Administration subsidy programs), or the relationships between independent television producers and the networks (FCC broadcast law).

Think back over the courses you have already had. You may be surprised how much information like this you have already picked up from the court opinions and other material you have read.

All of which is by way of saying that we're about to do it again.

In order to understand, let alone contribute to, "cyberspace law," we need to have some familiarity with the Internet, or Web.

I hasten to add that this does not require we become computer science, or electrical engineering majors -- any more than handling an automobile accident tort case requires a mastery of automotive engineering. But just as the latter requires some familiarity with what automobiles and internal combustion engines are, how they function, and their relationship to highways, so the study of cyberspace law requires some familiarity with the Internet.

There are many ways we will be gaining this familiarity and comfort level. One is reading books. Books about the Internet are available in most general bookstores. You can look through them and find one that speaks to you. Most now sell for $20 to $30. But an alternative, which is (a) free, (b) more fun, and (c) just as (or possibly more) informative is to first find and then get (read, download to disk, or print out) such "books" off of the Internet itself. In fact, during the semester we will be doing a lot of using the Internet to study the Internet.

The Internet will be (a) the subject of our study, (b) the means we use to study that subject, (c) the source of our legal and other references, and (d) the "publishing house" we'll use to present our semester's work to the public.

First Three Weeks: During the first three weeks of the semester your assignment involves (a) the preparation of a document (of which more below), (b) the selection of alternative possible topics for your paper, (c) attendance at two training sessions (the seminar meetings January 14 and 21), (d) finding, and reading, basic information about the Internet (either downloaded from the Internet itself, or in manuals from bookstores), and, in some ways most important, (e) the logging of hours of fun "surfing the Internet."

The reason I say (e) may be the most important is that there is really no substitute for actually doing it. Lectures and readings may get you started. But . . .

• there is nothing like finding out how much information the Internet has about you -- or a friend or family member -- in understanding issues of personal privacy.

• What kind of discussions go on within the thousands of news groups? Check into some and see.

• Whether or not you've had a course in copyright you have some understanding of the law. Think about it as you go from Web site to Web site. What should the protection be in this medium?

• Is national security a problem? What kinds of information are our government agencies making freely available to the world that perhaps should be restricted?

You get the idea. There are dozens of examples of insights, understandings -- and possible paper topics -- not to mention Internet surfing skills, that will only come to you as a result of hours spent in the exploration of the estimated 14 billion Web pages now available.

"Document" Assignment: During these first two or three weeks I want you to begin the process of preparing our "cyberspace law research reference." In other words, keep track of what you find on the Internet as you're surfing about. This is probably something that you would have done anyway.

You will find it useful to devote to this project a floppy disk on which you keep your "bookmarks" as you move from computer to computer, as well as your draft document. (And don't forget to make another disk as your "backup." "The computer destroyed my paper" doesn't work any better now days than "the dog ate my homework" did in my day.)

Then write up brief (a sentence or clause) descriptions of (a) the categories you think most relevant (such as, say, "Mega-Law Sites," "Privacy Law Materials," or whatever), and (b) the Web sites (providing the "URL" (uniform reference locator) address for each; it's what usually begins with "http://www. . . ..") within each category that you find most useful. (Do this in whatever format is now easiest for you: HTML if you already know how to do that, otherwise in the version of WordPerfect or Microsoft Word with which you're the most comfortable.)

You are not only free, you are actually encouraged, to explore and steal from my lists of bookmarks. (See "Web Pages, 800 Useful Sites" on my Web page: http://soli.inav.net/~njohnson)

However, for purposes of this assignment you are to find and report on between five and ten sites (in addition to however many of my sites you want to use) in each of the following categories: (a) mega general research sites, (b) mega legal research sites, (c) sites specializing in cyberspace law issues, and (d) sites limited to a single cyberspace law topic of interest to you.

These are to be turned in (to me, or my assistant, Rita Jansen, Room 421) by 4:00 p.m. January 26th. (Note the discussion of "deadlines" in the "General Information" section at the end of this memo.) Please provide both (a) a hard copy print out (including your name, date, and pagination), and (b) a floppy disk with the file on it.

Narrowing your possible options for topics for your seminar paper is one of the most difficult (and significant) aspects of producing a paper. Take your time. I'll work with you. Don't rush into it. But devote a section of your document to whatever tentative thoughts you have about topics after this initial two weeks of surfing and thinking.

Training Sessions: The regular seminar sessions will be held, 6:30 to 8:30 p.m., January 14 and 21. They will, however, not be held in Room 125, where we usually meet.

You will meet with Karla Tonella in the electronic classroom of the "Information Arcade" -- in the north end, on the first floor, of the University's main research library (Madison and Washington Streets). It's about a four minute walk across the Burlington Street bridge from the law school.

Although the facility is usually not open at this time, and Ms. Tonella is usually not available, special arrangements have been made for you to spend this time with her -- a person whom I believe to be among the most talented anywhere in the world with regard to Internet research. (As you'll see from my "Search Engine" links, among her very many accomplishments is the creation of one of the most complete and easy-to-use Internet research resources anywhere on the Web.)

You will find her both extremely well informed and skilled, and also quite patient in explaining the answers to the hundreds of questions Internet research raises for all of us.

Of course, as with any educational experience, no one -- not even Ms. Tonella -- can "teach" you the Internet. You have to teach yourself. She will help you learn how to learn, coach you, give you some tips, answer some questions, direct you -- but the rest is up to you.

So, what are some of the things you should be looking for?

Aspects of Internet Understanding: There are a number of aspects of the Internet you will benefit from understanding.

(1) What is it? How did it get started? Who runs it? How does it work? What does "hypertext" mean? How many countries are "online"? What are the relationships between phone companies, "Internet Service Providers," "browsers," and Web sites? What was the Internet before there was a "Web"? How does AOL fit into all of this? What is a "modem"? What is the difference between logging in from the law school (or other University facilities) and from home? How come sometimes the Internet is so slow; what are all the factors that can affect the speed with which a Web page appears on my screen? How can parents -- or countries -- "block" sites? How can a company "do business" over the Internet? Is anybody making money from their Web site? How can so many people afford to make so much information available for free?

(2) How do I use it? What are the basics of getting an account, and the relative merits (and costs) of a local provider (like Internet Navigator) or a national/global mega-provider (like AOL)? How do I get a "browser," log in, go to a Web page for which I know the address (URL), send and receive e-mail, participate in news groups' discussions? What are these free electronic magazines ("e-zines") and "list servers"? How do I find out what's available, and subscribe?

(3) What are the basics of making the Internet work for me; making 14 billion pages of information genuinely useful? What are "bookmarks" and "search engines"? Why are they so important? How do I find a site I just visited, but failed to note? How can I "save to disk" a page I find useful? How can I print a Web page? What do I have to do to save my bookmarks to a floppy disk in the A: drive rather than to the hard drive of a computer I may be using only temporarily?

(4) What do I need to know about Internet research techniques in general, and Internet legal research techniques in particular? How can I evaluate the accuracy and worth of material on the Internet? Are there special rules of citation form I need to learn ("How do you 'cite' a 'site'?)

We all learned how to use "the library" in high school and college -- the card catalog and the Readers' Guide to Periodical Literature. Once in law school, we learned how to use the books, and then Weslaw and Lexis.

Now we have yet another set of skills to learn. As with legal research generally, this is perhaps the most practical thing you'll get out of law school. If you can do thorough, quality legal research and writing in two hours that takes others one or two days you can either go home earlier every day or charge more per hour. Not every law office will have Westlaw or Lexis; not every client can afford the extra $100-200 an hour they charge. And even if yours does, and can, there is information on the Internet that Westlaw and Lexis don't provide. Mastery of Internet legal research will both save, and make, you money.

(5) Begin building your own "bookmarks." What are some of the more useful mega-sites (Web pages that are organized to get you to as many as thousands of other pages)? Legal collections? Sites more specifically related to this seminar and your possible paper topics?

(6) Because we will be designing our own "mega-page," what design features do you notice that make some Web sites more useful than others? If we are going to be providing "links" to thousands of sites we better have some sense of our ultimate organizational scheme ahead of time.

(7) Are there potential cyberspace law issues that occur to you as you surf around?

(8) You will probably find it worthwhile to spend some time exploring the resources on my own Web page:

http://soli.inav.net/~njohnson

(a) It contains links to about 800 Web pages of others (go to "Web Pages, 800 Useful Sites"). (These are my "personal" bookmarks, which I post for anyone to use.) Although some are just for fun, or relate to old special projects of mine over the years, you will not be surprised to discover that many are directly applicable to [1] our seminar in general, [2] the paper topic you ultimately choose, and [3] "the ultimate cyberspace law research resource" we will be building.

(b) More specifically, it is the gateway to the Web postings (memos and student papers) for this and prior semesters of the "Cyberspace Law Seminar."

(c) Finally, for any who may be curious, it also provides access to the full text of all of my writing from the past year or so, selected texts from earlier years (including two entire books), a 300-page bibliography of the rest, a lengthy bio, pictures, and generally more information about the past and present of your professor than, as I characterize it, "even my mother would have wanted to know."

(9) Finally, for those of you who are interested, what resources are available, what skills are necessary, to make your own Web page? What is Hypertext Markup Language (HTML)? How can you make a Web page without learning to write in HTML?

Although most of the time you'll spend exploring such matters will be on your own -- whether from the law school computer lab, home, or the Information Arcade or other University locations -- Ms. Tonella is a valuable resource for you during the brief times you'll have with her.

January 28 Seminar Meeting: We will meet at the "usual" time and place: Room 125, 6:30 p.m. We will discuss your first three weeks of surfing: what you have found and learned, what problems or questions may remain, such suggestions as you may have for the layout of our group Web page of cyberspace law resources, and the categories of issues and possible topics that have occurred to you. We may discuss the reasons for, and process and consequences of, "narrowing" a topic.

Note: Each participant's topic will be unique. (That is, no two students will write on "the same" topic.) In the case of identical requests who gets it will be determined on the basis of "first in time, first in right." You may, at any time, present to Ms. Jansen or me a proposed topic for "date and time stamping." Thus, so long as you have registered your proposed topic, you need not be concerned about losing it as a result of the group discussion January 28th.

Other Available Consultants: In addition to your two sessions with Ms. Tonella, you will have some (minimal) access throughout the semester to two computer professionals who have agreed to answer your questions as their time permits. One is Jim Glasgow [335-6573; BLB 216; James-Glasgow@uiowa.edu] a very talented principal computer support person for the law school. The other is his predecessor in that position, and my son, Gregory Johnson, who operates under the professional name of "PC DOC" (the personal computer doctor) [626-2246; Acts 291@msn.com]. (Both are professionals who are swamped with job-related obligations, but have agreed to lend you a hand, pro bono, when possible.]

General Information:

Nicholas Johnson's Coordinates (after January 25):

Law School Office: 445 BLB; 335-9146 E-mail: 1035393@mcimail.com Voice: 319-337-5555 (with 24-hour answering machine, where all messages should be left) Postal: Box 1876, Iowa City IA 52244-1876 Web page: http://soli.inav.net/~njohnson Assistant: Rita Jansen, Room 421, 335-9055 [Rita-Jansen@uiowa.edu].

[Between January 9 and 25 the best way to reach Nicholas Johnson regarding seminar matters is through Rita Jansen, above.]

Time and Place: Class meets 14 Wednesday evenings, 6:30-8:30 p.m., Room 125 BLB (except for January 14 and 21, as explained above).

Attendance: You are encouraged to make the effort to be prepared for, attend, and participate in, every class. The ABA, AALS and College of Law rules require students to be in "regular attendance." For this course, "regular attendance" will be 75 per cent (11 of the 14 class sessions). Those attending less than that (whether "excused" or "unexcused") may be dropped. Thus, it's to your advantage to save your absences for such emergencies as may arise later in the semester. Obviously, if you are scheduled to present a paper at a seminar session your attendance is compulsory.

Deadlines: Deadlines will be set for (a) topic selection, (b) outlines, (c) first drafts, (d) first revised drafts, and (e) final, publishable drafts. The last time the seminar was offered, students were encouraged to set, and meet, their own deadlines. It didn't work. A number of papers were not revised and finished until six months after the seminar was over. To (a) avoid that problem for us, (b) as a part of preparation for a profession of deadlines, and (c) as a matter of equity and courtesy to other seminar participants, deadlines will be rigidly adhered to. Each instance of a failure to meet them may result in sanctions ranging from a loss of as much as 10 points on the final, semester grade to being dropped from the course.

Note: This Web page contains links to memos related to the Cyberspace Law Seminar taught by former FCC Commissioner Nicholas Johnson in the Spring 1998 semester. It is intended for use by students at the University of Iowa College of Law, Iowa City, Iowa, USA, enrolled in the Cyberspace Law Seminar [Catalog: 91:624].