Students

LAWS5029 – Law and Technology

2022 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor and Lecturer
Niloufer Selvadurai
Contact via Contact via iLearn communications portal
6 First Walk, Room 621
Wednesdays 10-11 am during teaching term
Lecturer
Connor Hogg
Tutor
Suman Podder
Tutor
Vannessa Ho
Credit points Credit points
10
Prerequisites Prerequisites
(130cp in LAW or LAWS units) or (130cp including MMCC2014 or MAS214)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

Digital developments and emerging technologies present the law with a myriad of different challenges. This unit analyses the legal issues raised by networked digital technologies. Topics covered include establishing the country which has jurisdiction to hear a multinational internet dispute, the nature of copyright, patent and trademark protection for technological innovations, the governance of domain names, the protection of digital privacy, internet content control, social media governance, cybercrime and cyber security law. In each case, both existing legal frameworks and evolving law reform discourse are analysed and critiqued.

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:

  • ULO1: Describe the fundamental principles of information technology law and articulate the specific rules of information technology law derived from legislation and case law.
  • ULO2: Critically analyse issues in information technology law and synthesise legal scholarship from both national and international sources
  • ULO3: Analyse and contribute to policy debates and law reform discourse as applied to new and emerging technologies.

General Assessment Information

Class participation

Duration: Tutorials 1-12 

Weighting: 20%

The tutorials are designed to extend the comprehensive and broad overview of technology law principles provided in the lectures by creating an opportunity for the in-depth consideration of selected specific issues. The tutorial discussion will be prompted by the consideration of scholarly articles, relevant cases, reform reports and the solving of hypothetical problem questions.

Tutorial preparation - Students are expected to listen to lectures on Echo on iLearn, complete the required readings (both the prescribed chapter of the textbook and the prescribed journal article reading(s)) and come ready to discuss the questions outlined in the Tutorial Discussion Questions. 

Where can I find the tutorial questions? - The tutorial questions for each tutorial are found in the LAWS 5029 iLearn site, arranged under relevant weeks.

Where can I find the tutorial readings? The Tutorial Readings can be found on Leganto on ilearn, arranged under relevant weeks.

What do I do if I miss a tutorial?

If you miss one tutorial, please do not lodge an online Ask request. Instead, see your tutor at the start or end of class with relevant documentation.Please do not email your tutor or convenor.

If you miss one or more consecutive tutorials, please lodge an Ask Special Consideration application online at ask.mq.edu.au.

Moderation

Class participation will be assessed on both the quality and regularity of participation. Class participation will be assessed on the following criteria:

  • Ability to critically discuss the material  - the student is able to demonstrate reading and engagement with the reading materials and lectures for each week. This will be demonstrated by ability to answer relevant questions, responding to and participating effectively in class debates, and by asking questions to clarify anything not understood.
  • Oral expression - the student is able to verbally express their ideas about the materials in a clear, coherent, and concise manner;
  • Engaging with other students - the student engages with others in the class, displaying respect for others' opinions, active listening, constructive feedback and dialogue;
  • Further detail is provided in the Participation Rubric on the LAWS 5029 ilearn site.

 On successful completion you will be able to:

  • Apply the law to hypothetical fact situations through analogising and distinguishing.
  • Provide legal advice through properly identifying legal issue(s), applying the relevant law to the identified issues, and accurately assessing the likely outcome.
  • Develop skills for designing new laws and for reforming existing laws by examining policy debates and law reform discourse as applied to new or emerging technologies areas.
  • Present, articulate, and defend through oral legal reasoning responses to diverse questions within information technology law.

 

Research Assignment

Due date: Friday 8 April 2022, 5pm (Week 7)

Weighting: 40%

2022 Research Assignment Question and Turnitin Icon

* Please see iLearn website under the banner of 'Assessment'. Then see 'Research Assignment' and then '2022 Research Assignment Question and SubmissionTurnitin icon'.

The Question will be available in Week 1 of semester.

 

Notes

Independent legal research: Please note that responding to this assignment question will require independent legal research that goes beyond the prescribed materials provided in lectures, tutorials and readings.

Word limit = 2,000 words, not including footnotes and bibliography. Footnotes need to be confined to citations. Citations should be in compliance with the Australian Guide to Legal Citation.

Submission method: All papers have to be submitted via Turnitin on the LAWS 5029 ilearn. Please ensure that you are wholly happy with your paper before submitting. The system does not allow for automatic re-submission.

Marking Rubric for Research Assignment: Please see LAWS 5029 ilearn page.

Moderation: The markers and convenor have a series of meeting to moderate the papers. The markers and convenor then undertake a process of blind marking  of 10% of papers to establish an accurate and equitable marking standard. All Fail papers are double marked by the convenor.

Late Submission Penalty

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – ten (10) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.

Other relevant information

Please note that plagiarism detection software is used in this unit.

 On successful completion you will be able to:

  • Undertake in-depth research of critical issues in information technology law utilising scholarly legal publications from both national and international sources.

 

Final Time-Limited Assessment

Due: Monday 6 June 2022, 10am-5pm (Week 14)

Weighting: 40%

Content

The  Final Time-Limited Assessment will consist of two questions potentially covering all the material covered in the unit. Each question is worth 20%. The assessment will consist of either: (a) one essay question and one problem solving questions; or (b) two essay questions.

Word length

A maximum word length of 1,200 applies to each answer. This amounts to a total of 2,400 words for the two answers.

Duration

7 Hours

Rubric for Final Assessment: The Rubric for the Final Assessment is available on ilearn.

Moderation

The markers and convenor have a series of meeting to moderate the papers. the markers and convenor undertake a process of blind marking  of 10% of papers to establish an accurate and equitable marking standard. The rubric used in marking is available on ilearn. All Fail papers are double marked by the convenor.

Application for an extension

All applications for Special Consideration need to be made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.

Please do not email to request an extension or email to seek the outcome of a lodge application via email. No information can be provide via email, all information will be provided via the Ask system.

The Late Submission Penalty Policy will not apply to this assessment task as this is a timed assessment task.

Other relevant information

All assessments in the unit are to be submitted electronically via the Turnitin link on the iLearn page for this unit. Please note that plagiarism detection software is used in this unit.

On successful completion you will be able to:

  • Demonstrate an understanding of the fundamental principles of information technology law.
  • Articulate the specific rules of information technology law through closely examining legislation and case law.
  • Apply the law to hypothetical fact situations through analogising and distinguishing.
  • Provide legal advice through properly identifying legal issue(s), applying the relevant law to the identified issues, and accurately assessing the likely outcome.
  • Develop skills for designing new laws and for reforming existing laws by examining policy debates and law reform discourse as applied to new or emerging technologies areas.
  • Undertake in-depth research of critical issues in information technology law utilising scholarly legal publications from both national and international sources.

Assessment Tasks

Name Weighting Hurdle Due
Research Assignment 40% No Week 7 - Friday 8 April 2022, 5pm
Final Time Limited Assessment 40% No Week 14 - Monday 6 June, 10am-5pm
Class participation 20% No Weeks 1-12

Research Assignment

Assessment Type 1: Essay
Indicative Time on Task 2: 35 hours
Due: Week 7 - Friday 8 April 2022, 5pm
Weighting: 40%

The Research Assignment task requires students to undertake detailed and comprehensive research on a particular issue in information technology law and construct a sophisticated and analytical argument to addresses the question presented.


On successful completion you will be able to:
  • Describe the fundamental principles of information technology law and articulate the specific rules of information technology law derived from legislation and case law.
  • Critically analyse issues in information technology law and synthesise legal scholarship from both national and international sources
  • Analyse and contribute to policy debates and law reform discourse as applied to new and emerging technologies.

Final Time Limited Assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 7 hours
Due: Week 14 - Monday 6 June, 10am-5pm
Weighting: 40%

The Final Assessment task consists of questions covering all material taught in the unit. These questions may essays and/or problem solving tasks


On successful completion you will be able to:
  • Describe the fundamental principles of information technology law and articulate the specific rules of information technology law derived from legislation and case law.
  • Critically analyse issues in information technology law and synthesise legal scholarship from both national and international sources

Class participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: Weeks 1-12
Weighting: 20%

Students will participate in a variety of in class or online activities including discussions, debates and problem solving tasks based on the unit readings and lecture material


On successful completion you will be able to:
  • Describe the fundamental principles of information technology law and articulate the specific rules of information technology law derived from legislation and case law.
  • Critically analyse issues in information technology law and synthesise legal scholarship from both national and international sources
  • Analyse and contribute to policy debates and law reform discourse as applied to new and emerging technologies.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

Prescribed textbook

Legal Issues in Information Technology Law, M Perry, A Roy, M de Zwart, M Adams, N Selvadurai, H Forrest, M Cormier & S McKenzie, 2022, First edition

ISBN: 9780455245140 $99.00

Due: End of Feb 2022

Where to purchase

Also -

Booktopia: https://www.booktopia.com.au/

Amazon: https://www.amazon.com.au/

Zookal: https://www.zookal.com/

Further optional reading (more detailed but old) 

  • B Fitzgerald, A Fitzgerald, et al, Internet and E-Commerce Law: Technology, Law and Policy, Thomson Lawbook Co, 2nd edition, 2011. (Whilst old, this is a very detailed and comprehensive textbook on Australian IT law.)

Tutorial readings

  • In addition to the prescribed text book, it is necessary to read the materials cited in the Tutorial Questions.
  • The Tutorial Questions are found on the iLearn site.
  • The Tutorial Readings are accessed via Leganto on iLearn. Additional optional readings are also provided at this location.

Useful Journals

Legislation:

All Commonwealth and State statutes and regulations can be found at http://www.austlii.edu.au.

Ensure reference is made, wherever possible, to consolidated legislation.

Case Law:

For reported case law, use the Macquarie University library to access the:

Lawbookonline database (e.g. CLR, FCR, FLR, NSWLR);

Lexisnexis (Aus) database (e.g. ALR, IPR).

For unreported case law, use: http://www.austlii.edu.au.

Websites

See links to useful websites provided on the iLearn page.

Unit Schedule

 

 

Week commencing

 

Lecture

(Uploaded on Echo)

 

Tutorial

 

 

Reading for Lecture

 

Reading for Tutorial

 

1

 

 

 

 

Lecture 1: Introduction and Theoretical Frameworks

 

Tutorial 1

 

Reading prescribed under

Week 1 on ilearn

2

 

 

Lecture 2: Internet Jurisdiction

 

Tutorial 2

 

Reading prescribed under

Week 2 on ilearn

 

3

 

 

Lecture 3: The Regulation of New and Emerging Technologies

 

Tutorial 3

 

 

Reading prescribed under

Week 3 on ilearn

 

4

 

 

 

 

Lecture 4: Electronic Contracts and Smart Contracts Law

 

 

 

 

Tutorial 4

 

 

Reading prescribed under

Week 4 on ilearn

 

5

 

 

 

Lecture 5: Data Privacy Law

 

 

 

 

Tutorial 5

 

 

Reading prescribed under

Week 5 on ilearn

 

6

 

 

 

Lecture 6:

Trade Marks and Domain Names Law

 

Tutorial 6

 

 

 

Reading prescribed under

Week 6 on ilearn

 

7

 

RESEARCH ASSIGNMENT IS DUE - Friday 8 April 2022, 5pm

 

 

 

 

RECESS 

 

Lecture 7: Online Content and Social Media Regulation

 

Tutorial 7

 

 

Reading prescribed under

Week 7 on ilearn

 8

 

 Lecture 8: Digital Copyright Law

 Tutorial 8

 

 

 

Reading prescribed under

Week 8 on ilearn

 

9

 

 

 

Lecture 9: Digital Patents Law

 

Tutorial 9

 

 

Reading prescribed under

Week 9 on ilearn

 

10

 

 

 

 

Lecture 10: Cybercrime Law

 

Tutorial 10

 

 

Reading prescribed under

Week 10 on ilearn

 

11

 

 

 

 

 

Lecture 11: Digital Competition and Consumer Law

 

 

Tutorial 11

 

 

Reading prescribed under

Week 11 on ilearn

 

12

 

 

 

 

Lecture 12: The Future and International Perspectives

 

 

 

Tutorial 12

 

Reading prescribed under

Week 12 on ilearn

 

 

FINAL TIMED ASSESSMENT - Monday 6 June 2022,  10am-5pm via Turnitin

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Changes from Previous Offering

There is a new 2022 textbook. 

Changes since First Published

Date Description
02/02/2022 Only change - removal of references to the intensive

Unit information based on version 2022.02 of the Handbook