Law, Regulation, and Technology

Studiepoeng, omfang

10 ECTS

Studienivå (studiesyklus)

Master level

Undervisningssemester

Autumn

Undervisningsstad

Bergen Law Faculty

Mål og innhald

This course considers contemporary issues at the interface of Law, Regulation, and Technology. Its starting point is the traditional idea of Law as the primary means by which social and political life are regulated, and of the State as the primary regulatory actor. Through a series of case studies involving intellectual property, privacy and data protection, and intermediary liability, we ask how this conception sits with the reality of regulation in the current advanced technological age. The objective is to introduce students to some of the most important and pressing legal issues of today, and to enable them to engage in contemporary debates regarding Technology as a source of regulatory opportunities and challenges for States.

Læringsutbyte

After successful completion of this course, students will have:

• A good understanding of key debates in the field of contemporary Law, Regulation, and Technology scholarship;
• A general understanding of the regulatory opportunities and challenges created for Law and the State by advanced (digital and bio) technologies;
• The ability to engage critically and reflectively with contemporary (doctrinal and theoretical) debates regarding biotech patenting, copyright in cyberspace, data protection, and intermediary liability;
• The ability to write reasoned answers to legal and policy questions in the fields covered by the course.

Krav til forkunnskapar

Three years of university studies.

Good level of English

Tilrådde forkunnskapar

Three years of law studies

Studiepoengsreduksjon

No academic overlapping with courses at the Faculty of Law in Bergen.

Krav til studierett

The course is available for students:

• Admitted to the integrated master programme in law;
• Admitted to the two-year master programme in law;
• Granted admission to elective courses at the Faculty of Law;
• Granted additional right to study following completed Masters degree in Law at UiB;
• Exchange students at the Faculty of Law.

The pre-requirements may still limit certain students' access to the course.

Arbeids- og undervisningsformer

Schedule of Classes

The course will be taught in 10 seminars (total = 15 hours) during the first semester, following this schedule:

Class 1: Law, Regulation, and Technology

• The nature of Law, Regulation, and Technology
• Technology as a regulatory tool, and Technology providers as regulatory actors
• Comparing (e.g., European and US) approaches to Law, Regulation, and Technology

Classes 2 and 3: Patent Systems and Modern Biotech

• Patents as regulatory system
• Biotech¿s `disruption¿ of patent law
• Genetic material and essential medicines: nature v. invention; the public interest and morality exclusion; compulsory licensing

Classes 4 and 5: Copyright in Cyberspace

• Copyright as regulatory system
• The internet¿s `disruption¿ of copyright law
• Web-based media monitoring services and hyperlinking: original works; the communication to the public right; the quotation exception

Classes 6 and 7: Privacy/Data Protection and Data Analytics

• Privacy as regulatory system
• Data analytics¿ `disruption¿ of privacy law
• Competing European v. US approaches to privacy: the Schrems decisions
• The right to be forgotten, surveillance capitalism, and state surveillance: conceptions of `privacy¿ and `harm¿; balancing fundamental rights and interests; whistleblowers as regulatory actors

Classes 8 and 9: Intermediary Liability

• The nature and purpose of legal liability for wrongdoing
• Primary and secondary liability in the internet age: net neutrality; safe harbour immunities
• The `value gap¿ and `online harms¿: comparative (EU, Australian, UK, US) reform proposals and initiatives

Class 10: Wrap-up

• Review of course themes
• Current and future developments

Schedule of Classes

All students are expected to prepare in advance for class and to participate in class discussions. Homework assignments are posted on the course page on Mitt UiB.

Obligatorisk undervisningsaktivitet

Students are required to submit a paper of between 1,800 and 2,000 words (not including footnotes or appendices) on a designated topic. The paper must be approved by the seminar leader. Only students who have had their paper approved will obtain the right to sit the exam.

Vurderingsformer

Three-hour digital school exam.

Information about digital examination can be found at http://www.uib.no/en/education/87471/digital-examination.

Exam language:

• Question paper: English
• Answer paper: English

Hjelpemiddel til eksamen

Support materials allowed during school exam

See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.

Special regulations about dictionaries

• According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary;
• Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition);
• Dictionaries as described above cannot be combined with any other types of dictionaries;
• Any kind of combination which makes up more than two physical volumes is forbidden;
• In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the usual regulations (Section 3-5) about examination support materials.

Karakterskala

A - E for passed, F for failed

Vurderingssemester

Autumn

Litteraturliste

The reading list will be ready 1 july for the autumn semester.

Emneevaluering

According to administrative arrangements for evaluating courses at the Law Faculty.

Programansvarleg

Studieutvalget ved Det Juridiske fakultet

Emneansvarleg

Professor Justine Pila

Administrativt ansvarleg

Studieseksjonen ved det juridiske fakultet