Cyberspace Law Seminar 1999

January 6, 1999

To: CLS99 Participants

From: Nicholas Johnson

Re: Assignments and Overview

Scope: The purpose of this memo is to provide you some guidance and overview regarding the Cyberspace Law Seminar ("CLS").  Please read it now and download, copy, print or bookmark it for future reference.  It is substantive as well as procedural/administrative.

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, 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 collections of legal materials, 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 jurisdiction and 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. Students' CLS seminar papers (which are 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. (And 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.

We will also -- especially during the early weeks of the seminar -- be reading and discussing some basic background material about the Internet in general, and the cases that are beginning to build a body of "cyberspace law" in particular.

As soon-to-be lawyers you will, of course, want to review the "law and regulations" regarding seminars, found in University of Iowa College of Law, Student Handbook (latest edition). 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, involving 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 a training sessions (the seminar meeting January 20), (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 . . .

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 billions 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" (especially if your research requires that you move from one computer to another), as well as your draft document. (And don't forget to make another disk as your "backup" -- of anything you can't afford to lose.  Mistakes happen.  But "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 of Web sites 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 or other word processing software 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, 1000 Useful Sites" on my Web page: https://www.nicholasjohnson.org [Previously 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 29th. (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., in Room 125 of the Boyd Law Building.  The training session, January 20th, will meet at the same time, but a different place -- probably the law school computer cluster, but possibly the "Information Arcade" in the Main Library.  The place will be announced at the January 13th session.

Of course, as with any educational experience, no one can "teach" you the Internet. You have to teach yourself. We will help you learn how to learn, coach you, give you some tips, answer some questions, direct you, and be available (in person and by phone and e-mail throughout the semester) -- 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.  Here are a number of the questions for which you will want to find the answers.

(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 any business making money from its 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 billions of 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 skills will both save, and make, you money.

(5) Begin building your own "bookmarks." What are some of the more useful mega-sites (Web sites that are organized to get you to as many as thousands of other sites)? 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:

https://www.nicholasjohnson.org [Previously http://soli.inav.net/~njohnson ]

(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?

January 27 Seminar Meeting: We will meet at the "usual" time and place: Room 125, 6:30 p.m. In addition to our reading assignment we will discuss your first two 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 topic assignments 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 me, 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; mailbox@resourcesforlife.com]. (Both are professionals who are swamped with job-related obligations, but have agreed to lend you a hand, pro bono, when possible.]

Nicholas Johnson's Coordinates:

Law School Office: 445 BLB; 335-9146

E-mail: mailbox@nicholasjohnson.org

Voice: 319-337-5555 (with 24-hour answering machine, where all phone messages should be left)

Postal: Box 1876, Iowa City IA 52244-1876

Web page: https://www.nicholasjohnson.org [Previously http://soli.inav.net/~njohnson ]

Assistant: Rita Jansen, Room 421, 335-9055 [Rita-Jansen@uiowa.edu].

Time and Place: Class meets 14 Wednesday evenings, 6:30-8:30 p.m., Room 125 BLB (except for January 20th, 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. Once when 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.

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Note: This Web page 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] during the spring 1999 semester.

If you are not enrolled in this seminar, although you are not forbidden to examine this page and its links, you are requested to maintain the privacy of those who are enrolled. You will find the pages primarily to be administrative in nature, rather than providing many useful links to substantive material (which can be found, however, on the pages headed "Cyberlaw Research Resource Sites" and, from Nicholas Johnson's Home Page the link to Web Pages, 1000 Useful Sites).

-- N.J.

Nicholas Johnson's e-mail address is:  mailbox@nicholasjohnson.org


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