CYBERLAW 2002 Professor Susanna Frederick Fischer Class One: Introduction August 26, 2002

WELCOME! Welcome to the study of Cyberlaw This is a survey course covering a number of important topics concerning the application of law to new communications technologies, including the Internet Cutting edge material CLI elective but open to all students No technical experience required or expected Breakfast provided on Monday mornings

STUDENTS Diverse backgrounds and interests

Introductory Class Introduction to this Class: Materials, Content, Activities, Policies, Students Introduction to the problem of “regulability” of cyberspace: Lawrence Lessig Code pp. 3-8

COURSE MATERIALS Larry Lessig, Code (1999) Jerry Kang, Communications Law and Policy 2001) Online Materials Course Web Pages: [click on Cyberlaw Fall 2002]

COURSE MATERIALS Don’t forget to read Kang update for CB assignments. They are online at: aw/ [click on update: it’s a pdf file] aw/

COURSE UNITS 1. Introduction to Cyberlaw 2. Regulation and Governance 3. Intellectual Property in Cyberspace 4.Online Speech and Content 5. Privacy in Cyberspace 6. Looking Ahead to the Future of Cyberlaw in a Digital Society

COURSE ACTIVITIES Course Goals Class Maven Qualifying Paper Drafts and Editing Requirements Online Version of Paper

COURSE POLICIES See online Course Outline on class web pages Attendance Class Participation Grading Deadlines Formatting for Paper Class Maven Technology

Symposium: Oct. 9 & 10 The Rule of Law and New Communications Technologies: Reconciling Private Rights and Public Interest Organizers: Profs. Fischer & Wagner Organized to coincide with oral argument in U.S. Supreme Court in Eldred v. Reno

Symposium: Oct. 9 & 10 Confirmed speakers include: Marybeth Peters, Register of Copyrights Lawrence Lessig, Stanford Law School Jonathan Zittrain, Harvard Law School Amitai Etzioni, George Washington Shira Perlmutter, Associate General Counsel for IP, AOL Time Warner

Lawrence Lessig: Code Who is Lawrence Lessig?

Lawrence Lessig: Code Professor of Law at Stanford Law School Formerly taught at Harvard, Chicago, Yale Clerked for Judge Posner in the Seventh Circuit and for Justice Scalia

Some interesting links Lessig blog at: g/ Berkman Center for Internet and Society at:

Code and Other Laws of Cyberspace (1999) According to Lessig, what’s the similarity between the collapse of communism and the birth of cyberspace?

Issue: “regulability” To what extent can government regulate cyberspace? To what extent should government regulate cyberspace? Which government?

Issue: Control To what extent can people or entities other than governments control cyberspace? To what extent should people or entities other than governments control cyberspace?

Lessig on the Invisible Hand (Code p. 6) “The invisible hand, though commerce, is constructing an architecture that perfects control– an architecture that makes possible highly efficient regulation.”