Students
LAW 868 – Technology and E-Commerce Law
2015 – S2 External
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Niloufer Selvadurai
Contact via Email
W3A 621
Mondays 11-12
Lecturer
Julian Dight
Contact via Email
Consultation will be online via email.
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| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
Admission to LLM or MIntTrdeComLaw or PGDipIntTrdeComLaw or PGCertIntTrdeComLaw or MIntRelMIntTrdeComLaw or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS units at 800 level)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit examines the law underlying the use of the internet and electronic commerce. The cross border nature of the internet has opened up global markets for goods and services, meaning that the unique nature of such transactions calls for a framework to promote legal certainty. The unrestricted flow of electronic information through cyberspace has meant that the relevant laws by necessity cannot be limited to national laws only, Instead, the internationalisation of law is essential to deal with this new medium. Topics to be studied include jurisdictional analysis of business transactions, Australian and international approaches, online consumer protection and internet gambling.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- 1. Explain and critique specific legal principles relevant to e-commerce law.
- 2. Identify legal issues relevant to ecommerce law and provide legal advice on e-commerce problems or disputes, including an accurate assessment of the likely outcome.
- 3. Examine policy debates and law reform discourse in key areas involving the development of laws to new and emerging technologies and propose law reforms where appropriate.
- 4. Demonstrate effective communications skill through intensive class participation and discussion.
- 5. Describe and analyse the fundamental principles of e-commerce law.
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Case Analysis | 30% | 11 September 2015 |
| Participation | 30% | On campus session |
| Research essay | 40% | 6 November 2015 |
Case Analysis
Due: 11 September 2015
Weighting: 30%
Due Date: 11 September 2015
Weight: 30%
The task is to write a case note on Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 (7 April 2015).
What are the implications for enforcement of copyright law in Australia?
Word limit: 2,500 words.(Not including footnotes. Footnotes must be confined to references.)
Submission: Submission is via Turnitin. A Turnitin icon will appear under the Assessment tab on ilearn.
On successful completion you will be able to:
- 1. Explain and critique specific legal principles relevant to e-commerce law.
- 4. Demonstrate effective communications skill through intensive class participation and discussion.
- 5. Describe and analyse the fundamental principles of e-commerce law.
Participation
Due: On campus session
Weighting: 30%
The class participation mark will be based on your contribution to discussions at the On Campus Session. One of the aims of the On Campus Sessions is to develop your competence and skills in argument and discussion with others on the problems we consider. A complete marking rubric pertaining to the assessment of participation will be made available on iLearn.
On successful completion you will be able to:
- 1. Explain and critique specific legal principles relevant to e-commerce law.
- 2. Identify legal issues relevant to ecommerce law and provide legal advice on e-commerce problems or disputes, including an accurate assessment of the likely outcome.
- 4. Demonstrate effective communications skill through intensive class participation and discussion.
Research essay
Due: 6 November 2015
Weighting: 40%
A research essay addressing the following question:
Is the present legal governance of cloud computing effective? Discuss the merits of present laws governing cloud computing. In your answer you may consider options for future reform.
Word limit: 3,000 words. (Not including footnotes. Footnotes must be confined to references.)
Submission: Submission is via Turnitin. A Turnitin icon will appear under the Assessment tab on ilearn.
On successful completion you will be able to:
- 1. Explain and critique specific legal principles relevant to e-commerce law.
- 2. Identify legal issues relevant to ecommerce law and provide legal advice on e-commerce problems or disputes, including an accurate assessment of the likely outcome.
- 3. Examine policy debates and law reform discourse in key areas involving the development of laws to new and emerging technologies and propose law reforms where appropriate.
- 4. Demonstrate effective communications skill through intensive class participation and discussion.
- 5. Describe and analyse the fundamental principles of e-commerce law.
Delivery and Resources
DELIVERY
All 12 lectures will be delivered through digital audio recordings - To access the recordings, please go to the LAW 868 iLearn site and click on the "Echo" sound recordings button.
Tutorials
The 12 tutorials will be delivered at a 3 day Intensive On Campus Session. Attendance on all three days is compulsory. Day 1 of the Intensive will consider the material presented in lectures 1-4 and involve a discussion of tutorial questions assigned for these weeks. Day 2 of the Intensive will consider the material presented 5-8 and involve a discussion of tutorial questions assigned for these weeks. Day 3 of the Intensive will consider the material covered in lectures 9-12 and involve a discussion of tutorial questions assigned for these weeks.
RESOURCES
The lecture slides, readings and tutorial questions are on the ilearn site for LAW 868. The ilearn site provides students with reading lists comprising textbooks, journals, websites and other relevant reading materials
Students will be required to critically read in order to further develop concepts and ideas referred to in this unit.
In addition to the readings, student will be expected to reflect on the application of the concepts to their careers.
Reflective activities assist students in integrating the course content and in developing the ability to transfer knowledge and skills from the learning environment into the workplace. Reflective activities facilitate the development of communication skills and an orientation to lifelong learning.
Students have access to the lecturer for one-on-one assistance/consultation when they have particular queries relating to unit content. This consultation may be in the form of a face-to-face meeting, phone call, chat session or via the discussion forum.
This unit uses research from external sources and provides you practice in applying research findings in assignments.
This unit gives you opportunities to conduct your own research.
Technologies
PC and Internet access are required. Basic computer skills (e.g., internet browsing) and skills in word processing are
also a requirement.
Please consult teaching staff for any further, more specific requirements.
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- 2. Identify legal issues relevant to ecommerce law and provide legal advice on e-commerce problems or disputes, including an accurate assessment of the likely outcome.
- 3. Examine policy debates and law reform discourse in key areas involving the development of laws to new and emerging technologies and propose law reforms where appropriate.
Assessment task
- Research essay
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- 1. Explain and critique specific legal principles relevant to e-commerce law.
- 5. Describe and analyse the fundamental principles of e-commerce law.
Assessment tasks
- Case Analysis
- Research essay
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- 2. Identify legal issues relevant to ecommerce law and provide legal advice on e-commerce problems or disputes, including an accurate assessment of the likely outcome.
- 3. Examine policy debates and law reform discourse in key areas involving the development of laws to new and emerging technologies and propose law reforms where appropriate.
Assessment tasks
- Case Analysis
- Research essay
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcome
- 3. Examine policy debates and law reform discourse in key areas involving the development of laws to new and emerging technologies and propose law reforms where appropriate.
Assessment tasks
- Participation
- Research essay
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcomes
- 2. Identify legal issues relevant to ecommerce law and provide legal advice on e-commerce problems or disputes, including an accurate assessment of the likely outcome.
- 4. Demonstrate effective communications skill through intensive class participation and discussion.
Assessment task
- Participation