Computer Law Seminar Readings
This list of assigned readings will grow as
the quarter progresses. In particular, look for the appearance of items
(April 18) and
Many of these materials were written for lawyers,
which means they presume some familiarity with legal terms and concepts.
Of course I encourage you to note unfamiliar terms and bring them to class
so I can (try to) clarify them.
The paper-based references will be available
in the ICS grad course materials file (the upper left drawer in the filing
cabinet outside the ICS kitchen). If an entry below doesn't contain
a URL or some other indication of its source, the cabinet is where you'll
The April 29 materials are listed below by topic; they are all collected
together in the filing cabinet, however, for ease of retrieval.
Sources of Law [This section is for
reference; it's not an assignment]
U.S. Constitution: http://www.findlaw.com/casecode/constitution/
Legislation and Statutes
U. S. Code: http://uscode.house.gov/usc.htm
Legislation in progress: http://thomas.loc.gov/
U. S. Supreme Court opinions: http://www.findlaw.com/casecode/supreme.html
U.S. Circuit Courts of Appeal: http://www.findlaw.com/casecode/courts/index.html
Legislation and Statutes: http://www.leginfo.ca.gov/calaw.html
Filed in the last 60 days: http://www.courtinfo.ca.gov/opinions/
Older opinions: http://www.findlaw.com/cacases/
or http://www.westlaw.com/ (fee-based)
A good overview of how lawyers think about
computer law issues can be found in the on-line course, Cyberspace Law for Non-Laywers.
The authors (Larry Lessig, David Post, and Eugene Volokh) give a concise
and well-reasoned overview of many computer law issues from an authoritative
perspective. This is a valuable perspective even though it's over five
yeas old; you just shouldn't rely on it for the precise status of the
law today, since many of the issues have evolved since then.
There are good, short, reasonably current
overviews of many legal topics at http://www.findlaw.com
Ian C. Ballon, "Internet and E-Commerce
Law -- 2002." This is a lengthy outline that gives the recent status
of most computer law issues. I'd suggest referring back to it as we
touch on each new topic (or using it for pointers to your project topic).
Patent sources and references [for reference,
not an assignment]
U. S. Patent and Trademark Office: http://www.uspto.gov/
USPTO Patent Database: http://www.uspto.gov/patft/index.html
Delphion Intellectual Property Network Patent
USPTO examiners' guidelines for computer-related
Alison E. Cantor, "Using the Written
Description and Enablement Requirements to Limit Biotechnology Patents."
Eli A. Loots, "The 2001 USPTO Written
Description Guidelines and Gene Claims." This isn't required;
it's just there for those with an interest in biotechnology.
Tiffany Weeks, "Amazon.com v. BarnesandNoble.com,
Inc." This describes Amazon.com's attempt to use its "one-click"
patent to prevent Barnes andNoble from doing something similar on their
Ian C. Ballon, "Bots, Screen Scraping,
Content Aggregation and the Evolving Doctrine of Database Trespass."
Lisa M. Zepeda, "A&M Records, Inc.
v. Napster, Inc." This describes the case that shut Napster down.
Note, "Felten v. Recording Industry Association
Of America, Inc." This brief note describes the disposition of Edward
Felten's suit to invalidate part of the Digital Millennium Copyright
Act, which wasn't decided on first amendment grounds.
Intellectual Property--Trade Secret and
Trade Secret Home Page
has a variety of trade secret information [for reference, not an assignment]
Jian Xiao, "The First Wave of Cases under
the ACPA." The Anti-Cybersquatting Consumer Protection Act prevents
opportunistic exploitation of trademarked domain names.
Danielle Pasqualone, "GlobeSpan, Inc.
v. O'Neill." The author argues for preserving a trade secret law
doctrine that's is in tension with the public policy decision to favor
Jurisdiction in Cyberspace
Sonal N. Mehta, "Pavlovich v. Superior
Court of Santa Clara County." If you live in California and maintain
there a web site that somehow violates Mississippi law, can Mississippi
prosecute you for it? That's the cyberspace jurisdiction question,
which this article discusses.
Christine Duh, "Yahoo! Inc. v. LICRA."
This article addresses international jurisdiction issues.
Ryan J. Casamiquela, "Contractual Assent
and Enforceability in Cyberspace." This article discusses "click-wrap"
Laura Quilter, "The Continuing Expansion
of Cyberspace Trespass to Chattels." One method of curtailing Email
spam is to apply the law of trespass in cyberspace.
Note, "Kyllo v. United States."
This brief note covers the thermal imaging case (where law enforcement
detected marijuana plants using a device that read unusual heat patterns
from outside the house where the plants were grown).
California Penal Code sec. 502 and 502.01
(the California computer crime law). You'll have to scroll down the
page to find these sections.
David G. Kay,
406B Computer Science
University of California, Irvine
Irvine, CA 92697-3425
-- (949) 824-5072
-- Fax (949) 824-4056
Tuesday, April 29, 2003 -- 9:33 PM