Legal Issues of the 21st Century

Syllabus (Preliminary)

 

The main text for the course is the draft of my Future Imperfect, available on the web and as a hardcopy. Chapter references refer to it. Lee Silver's Remaking Eden provides information for one topic. There will also be additional readings.

1/9: How to think about legal issues raised by new technologies. Chapters I, II

Part I: Privacy

How technologies of surveilance, interception, etc. reduce the possibility of privacy, how encryption and related technologies increase it.

1/11: "Strong Privacy" [networking, encryption] Chapter III

1/18: The Transparent Society ch 1-3 [surveillance tech and its implications; one chapter is webbed, the book is on reserve.] Chapter V.

 

Part II: Doing Business Online

1/25: ECash Chapter VII

2/1: Contracts in Cyberspace Chapter VIII , From China to Cyberspace

2/8: Technological protection Chapter IX
"
Copyright and the Jurisprudence of Self-Help"
"
In Defense of Private Orderings"

2/15: Open Source Software, Virtual firms and gift economies: Chapter X
The Cathedral and the Bazaar, Homesteading the Noosphere

2/20: (Administrative Monday)

Part III: Crime and Crime Prevention

2/22: Making Trouble Online: The Caltech (fake?) harassment case, Cornell case, et. al.

Chapters XI, XII, High Tech law Enforcement Chapter XIII

Intel v Randal Schwartz (webbed)
Chaos Club v Microsoft (webbed)
"
An Appraisal of Technologies of Political Control" (webbed)

Part IV: Biotech

3/1: Human Reproductive Technology: Chapter XIV
Remaking Eden by Lee Silver

3/5-10: Spring break

3/15: Life Extension and Cryonic Suspension (see links) Ch XVII

3/22: Other biotech issues, Ch XV

3/29: Mind drugs: Ch XVI

Part V: The Real Science Fiction: Things that Might Not Happen

Important technologies that may (or may not) develop during the first half of the next century.

4/5:Nanotechnology. Ch XVIII

4/12:Artificial Intelligence (Readings from The Age of Spirititual Machines by Kurzweil) Ch XIX and Deep VR Ch XX

4/19: Space Ch XXI

4/24: Ch XXII

Reading List

Brin, David, The Transparent Society (selected chapters)
Cohen, Julie, "
Copyright and the Jurisprudence of Self-Help," Berkeley Technology Law Journal
Friedman, David, "
In Defense of Private Orderings," Berkeley Technology Law Journal.
Friedman, David "
A World of Strong Privacy," Philosophy and Public Policy
Friedman, David "From China to Cyberspace," Journal of Law, Economics, and Policy
Kurzweil, Ray The Age of Spiritual Machines (selected chapters)
Radin, Margaret, "Market-Inalienability", 100 Harv. L.Rev.1849 (1987)
Silver, Lee M. Remaking Eden : How Genetic Engineering and Cloning Will Transform the American Family
Silver, Lee M. and Susan Remis Silver, "Confused Heritage and the Absurdity of Genetic "Ownership"," Harvard Journal of Law and Technology, 11,3 (Summer 1998).
"
An Appraisal of Technologies of Political Control: Consultation version of working document prepared for European Parliament by its Directorate General for Research Scientific and Technological Options Assessment (STOA)" (available online)
Robertson, JA. "Human cloning and the challenge of regulation." N Engl. J Med 1998; 339: 119 - 121.
[Additional readings may be added]

Optional Readings

Diffie, Whitfield and Landau, Susan, Privacy on the Line
Drexler, Eric, Engines of Creation
L. Lessig, "Reading the Constitution in Cyberspace."
Macintosh, Kerry,
Illegal Beings: Human Clones and the Law
Maranto, Gina, The Quest for Perfection
Sterling, Bruce,
The Hacker Crackdown [more fun than the others]


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