The problem in teaching Internet law is choosing what to cover. There is no such thing as “Internet Law,” not in the sense of an integrated body of legal principles such as contract law, tort law, or constitutional law. “Internet Law” might better be described as “The Legal System’s Response to Problems Arising from Use of the Internet and Digital Technology for Commercial and Other Transactions.” That’s a title certain to scare away prospective students, and still probably incomplete.
When Internet Law, or Cyber Law, entered the legal consciousness about eight years ago textbook publishers rushed a number of Internet law texts to market. I looked at all of them, tried out a few, and now don’t use any. One problem they shared was the lack of clear vision as to what they should cover. They spent time on topics like non-disclosure agreements for employees of tech companies or forms of business organization for Internet start-ups. These are interesting topics in an employment law or entrepreneurship course, but pose no issues unique to the Internet. Teaching this course requires guidelines to determine what topics are in and what are out. Two Internet law professors might use different guidelines and disagree about whether to include a particular topic. For instance, I don’t discuss patent law in my Internet law course. Patent law raises vitally important issues these days, such as the patentability of methods of doing business and the Patent Office’s need to vet prior art thoroughly, but in my view these cutting-edge issues do not turn on unique Internet characteristics.
Fortunately the news abounds with issues of Internet law. These are some of the stories that came across my desktop yesterday:
Darren Waters, Warnings over ‘broken up” Internet, BBC News, Oct-11-06 (reporting on concerns that countries such as China will tailor Internet architecture to their specific needs, resulting in “island of connectivity that have no inter-connectivity between them”)
Jonathan Bick, E-Communications Policy: Getting It Right, E-Commerce Law & Strategy (Law.com), Oct-12-06 (recommendations about employer policies governing employee use of “Internet, computer, and electronic assets” that recognize the ubiquity inherent insecurity of current methods of electronic communication)
Jack M. Germain, The False Promise of Browser Security, E-Commerce Times, Oct-11-06 (“Vulnerabilities are so embedded in any browser that surfing the Web is no safer than driving a tank through a mine field while blindfolded.”)
Does YouTube Make Google a Big Target for Copyright Suits?, The Wall Street Journal, Oct-11-06 (Discussion between John Palfrey, Harvard law professor and Director of the Berkman Center for Internet and Society and Stan Liebovitz, University of Texas economics professor and Director of the Center for Analysis of Property Rights and Innovation)
Susanna Hamer, Google’s big bet, CNNMoney.com, Oct-12-06 (Advertisers will use databases of personally-identifable information, tracking cookies, geo-location software, and other devices to deliver personally-customized video ads to Internet users)
Like I said, the problem in teaching Internet law is choosing what to cover. There is too much.