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.
-
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."
See, in this regard, "So
You Want to Be a Lawyer: A Play in Four Acts."
-
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 topic will be sufficiently
narrow that you can both (a) master the entire body of relevant material,
and (b) contribute something original (as distinguished from a 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) legal research, (b) synthesis of case holdings,
(c) statutory or other textual interpretation, or drafting, or (d) 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.
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 . . .
-
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 military
and other 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 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.)
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:
(a) It contains links to about 1000 Web pages of others (go to "Web Pages,
1000 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 couple years, 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?
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
Voice: 319-337-5555 (with 24-hour answering machine, where all phone messages
should be left)
Postal: Box 1876, Iowa City IA 52244-1876
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.
# # #
[19981208]
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
[19981208]