|Semester 1, 2013 External Toowoomba|
|Faculty or Section :||Faculty of Business and Law|
|School or Department :||School of Law|
|Version produced :||21 July 2014|
Examiner: Jasmine Thomas
Moderator: Caroline Hart
Pre-requisite: (Students must be enrolled in one of the following Programs: BLAW or BALW or BBLA or BCLA & Co-requisite: LAW1201) or (Students must be enrolled in Program: DJUR & Co-requisite: LAW5501) or (All other Students: Pre-requisite LAW1101)
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
This course provides law students, and business and commerce students with the regulatory environment that governs the internet. Increasingly, the internet is a major source of business development and marketing. It is important that students have knowledge of the regulatory laws.
This course introduces students to the law as it relates to the Internet and in particular e-commerce. It examines key legal areas that are relevant to the establishment or use of a website. The areas covered include regulatory models, jurisdiction, consumer protection, copyright, domain name disputes, patents, privacy, content regulation (for example, censorship) and also electronic crime. In each area the application of existing legal principles to e-commerce as well as the newly developed 'cyberlaw' principles will be examined. In some of these areas of law the growth in e-commerce has outstripped the growth in the law. In these areas we will identify the legal issues and look at any proposed laws that seek to clarify these new issues. Students must have access to the Internet to complete this course. This course is particularly useful to students who are involved in developing websites or dealing with websites either from a legal, marketing, or information technology point of view.
On successful completion of this course, students will have:
(i) fundamental knowledge of the Australian regulatory regime including the following areas – jurisdiction; formation of online contracts and consumer protection; intellectual property (in particular: patents, copyright, and trade marks); domain names; privacy; content regulation; and electronic crime
(ii) knowledge of international approaches to regulation of the internet
(iii) knowledge of the broader contexts within which regulation occurs including parliamentary reports
thinking skills, including;
(i) the ability to identify and articulate legal, policy, and technical issues associated with the internet apply legal reasoning and research to develop mechanisms to ensure compliance with the regulatory regime by websites
(ii) engage in critical analysis and make a reasoned choice amongst alternatives
(iii) think creatively in approaching legal issues and generating appropriate responses
- communication skills, including the ability to write a detailed and analytical report based upon the relevant law and authoritative secondary sources
- statutory interpretation skills, including the ability to interpret complex legislation and apply it appropriately to facts situations and features found in e-commerce
- research skills, namely the intellectual and practical skills needed to research sources of law and secondary sources in an ethical manner and to evaluate and synthesise relevant factual, legal and policy issues.
|1.||Introduction and regulation of the Internet||10.00|
|5.||Domain name disputes||10.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2013&sem=01&subject1=LAW2301)
Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)
Fitzgerald, B, Fitzgerald, A, Clark, E, Middleton, G & Lim, YF 2011, Internet and e-commerce law, business and policy, 2nd edn, LawBook Co, Pyrmont, New South Wales.
Banks, C & Douglas, H 2006, Law on the Internet, 3rd edn, The Federation Press, Annandale, New South Wales.
Brien, C & Brien, J 2004, NetLaw, LexisNexis Butterworths, Chatswood, New South Wales.
Fitzgerald, AM, Fitzgerald, B, Cifuentes, C & Cook, P (eds) 2000, Going digital 2000: legal issues for e-commerce, software and the Internet, 2nd edn, Prospect Media, St Leonards, New South Wales.
Fitzgerald, B & Fitzgerald, A (eds) 2002, Cyberlaw: cases and materials on the Internet, digital intellectual property and electronic commerce, LexisNexis Butterworths, Chatswood, New South Wales.
Lim, YF 2007, Cyberspace law: commentaries and materials, 2nd edn, Oxford University Press, South Melbourne, Victoria.
Student workload requirements
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|ONLINE TEST 1||10||10||22 Mar 2013||(see note 1)|
|ONLINE TEST 2||10||10||10 May 2013||(see note 2)|
|ONLINE TEST 3||20||20||31 May 2013||(see note 3)|
|RESEARCH PAPER||60||60||07 Jun 2013||(see note 4)|
- Online test 1 will cover modules 1 and 2 of the course content.
- Online test 2 will cover modules 3, 4 and 5 of the course content.
- Online test 3 will cover modules 6, 7 and 8 of the course content, with particular emphasis on modules 7 and 8.
- The assignment will cover modules 2 - 6 of the course content.
Important assessment information
If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
There is no examination in this course.
Examination period when Deferred/Supplementary examinations will be held:
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
(i) The due date for an assignment is the date by which a student must despatch the assignment to the USQ. The onus is on the student to provide proof of the despatch date, if requested by the examiner.
(ii) Students must retain a copy of each item submitted for assessment. This must be produced within 24 hours if required by the examiner.
(iii) In accordance with university policy, the examiner may grant an extension of the due date of an assignment in extenuating circumstances.
(iv) Assignments are to be submitted in the appropriate assignment folders.
(v) The examiner will normally only accept assessments that have been submitted via EASE. The examiner will not accept submission of assignments by facsimile.
(vi) In the event that a due date for an assignment falls on a local public holiday in their area, such as a show holiday, the due date for the assignment will be the next day.
Course weightings: Course weightings of topics should not be interpreted as applying to the number of marks allocated to assessment.
Referencing in assignments: Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.
Deferred work: Students who, for medical, family/personal, or employment-related reasons, are unable to complete an assignment at the scheduled time may apply to defer an assessment in a course. Such a request must be accompanied by appropriate supporting documentation. The temporary grade of IDM (Incomplete Deferred Make-up) may be awarded.
Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
It is essential that in the first week of semester, students access the StudyDesk and make themselves familiar with this resource. Communication throughout the semester for this course relies upon students accessing the News (located on the StudyDesk). Weekly emails will be sent to students to assist with progression through the course materials and the assessment.