LAWS492-13T Law and New Technologies

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TE PIRINGA FACULTY OF LAW

Law and New Technologies 2013 Outline

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1. Identification of Paper

Paper: LAWS492-13T

This paper carries 20 points

2. Staffing

Wayne Rumbles

(Convenor)

Phone: 858 5007

Room: Law G25

email: wayner@waikato.ac.nz

Office hours to be notified

3. Description and Structure of Paper

New technologies often present novel problems for regulators and the legislature. This paper will explore selected new technologies through the lens of law, by analysing legal issues and responses to new technologies

(b) Structure of the Paper

This is a B semester paper. The teaching component comprises lecturers and online environment through Moodle ( http://elearn.waikato.ac.nz

)

Lecture 1 Wed 15:00 17:00 LAW.G.02

Lecture 2 Thu

Lecture 3 Fri

12:00

09:00

14:00

11:00

LAW.G.02

LAW.G.02

Lecture 4 Fri 13:00 15:00 LAW.G.02

4. Learning outcomes

This paper aims to provide students with the opportunity to undertake advanced study in current issues in new technologies and their relationship to law and regulation. The paper will enable students to gain insights into current issues, current trends and possible future developments.

A student who has successfully completed this paper will be able to:

 Describe and critically analyse laws regulating to new technologies;

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Consider the legal issues, which arise in light of new technologies and suggest future regulatory requirements in response to these technologies.

 Understand the issues and concepts behind the ongoing development of the regulation of new technologies;

 Apply existing legal knowledge to novel situations.

 Develop a deeper understanding in a chosen area relating to a new technology

5. Workload

Students should expect to spend 200 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading.

Students should allow for periods of more-focused research time in the preparation of assignments.

6. Required and Recommended Reading

All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &

Orpin, New Zealand Law Style Guide, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $18.90.

Materials as distributed in class or online

In addition the Law School requires that students purchase the course materials book for this paper. These are available from Waikato Print.

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the

University of Waikato’s online learning system. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te

Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

7. Online support

Online support for this paper is provided via Moodle.

8. Assessment a) Requirements for assessed work

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School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law

Undergraduate Handbook which is available from http://www.waikato.ac.nz/law/undergraduate .

See also paragraph 11 on referencing guidelines and plagiarism.

Assignment resources are available online at http://www.waikato.ac.nz/law/student/ b) Coursework: Final Examination Ratio: 1:0 c) Assessment Components

1. Collaborative Database exercise: 20% [essential requirement] Due 12 November 4:00 pm

Justification: This assessment is designed to consolidate the web research and evaluation skills.

The information generated from this assignment is combined to create a teaching resource for the whole class.

Specific objectives addressed.

• To further develop critical research skills in an emerging area of the law

• To enable students to participate in an interactive online-learning environment;

• To explicitly give the students an opportunity to be producers of knowledge

2. Research Essay 60% consisting of:

a) Podcast presentation: 20% [essential requirement] must be recorded by 28 November

further instructions and sign up sheet will be given in class.

The presentations will be delivered via Panopto (PowerPoint, video and audio) – details of how to do this will be given in class. A discussion will be associated with each presentation. You must post questions for the other members of your group by 4 December. You are required to respond to the questions posed to you regarding your presentation by midnight 6 December

The presentation should be approximately 15 minutes in length.

Justification: Presentation skills are important for anyone working in a legal profession, whether in court, to clients or to colleagues. This assignment is designed to strengthen those presentation skills, encourage the development of the ideas and arguments that will form the basis of the research project and give an opportunity to gain feedback prior to submission of the final paper.

b) Final research paper: 40% Due date 11 December 4:00 pm

Justification: The research assignment is designed to allow the student to develop a deeper understanding in an area of their interest and apply the research skills developed during the paper.

Specific objectives addressed

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• To enable students to describe and critically analyse laws regulating new technologies;

• To enable students to understand the issues and concepts behind the ongoing development of regulation of new technologies;

• To facilitate the use of electronic media to support presentation of ideas

• To enable students to develop a deeper understanding in a chosen area relating to a new technology;

3 Take Home Test 20% - given out in class on Friday 13 December Due 4:00 pm 17 December

Justification: The test is designed to test understanding of key areas of regulation. d) Handing in, marking time and collection

All assignments must be submitted electronically through Moodle ( http://elearn.waikato.ac.nz

).

See Te Piringa Faculty of Law Undergraduate Handbook, available at http://www.waikato.ac.nz/law/undergraduate . It is the policy of Te Piringa Faculty of Law to return marked work to students within five weeks of submission.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.

You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008. e) Measurement of Achievement

Achievement in examinations and tests will be measured primarily in terms of levels of understanding and knowledge gained. Achievement in assignments will be measured also in terms of fluency and accuracy of expression and referencing. f) Management of assessment deadlines, process for requesting extensions and special consideration, and for appeals

(i) Extensions

Students are required to complete and submit all internal assessment by specified dates. The meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the due in date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate Programmes Manual available from the School of

Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/ ). Failure to comply with requirements as to the time deadlines for internal assessment without having successfully

applied either for an extension or special consideration with supporting evidence before the due

date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a week may result in the work not being marked. No deadlines may be extended beyond two weeks after the last teaching day of the semester(s) in which the paper is taught as final grades must go to the Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may refuse to accept a piece of work which is submitted after the specified date, and automatically award it no mark, or may lower the mark as a penalty for lateness.

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Applications for extension, on the form obtainable from the Resource Room, must be submitted to the Chief Examiner or nominee. Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of communication.

Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal assessment before the supervening event occurred. It will be important to consider if the grant of the extension will give the student in question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the relevant paper.

When the Chief Examiner or nominee has made a decision on the application for extension, the

Resource Room Administrative Assistant will advise the student of the decision by email.

Following this, the extension form will be given to the relevant lecturer who will retain it until after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s application for extension is declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration. ii) Special Consideration

The Assessment Regulations 2005 as set out in the University Calendar 2012 list in detail the university-wide policies and procedures, which apply concerning missed examinations, impaired performance or impaired preparation time for an examination, and missed or impaired course work. Students are responsible for ensuring that they comply with these regulations. Application forms for special consideration for internal assessment are available from the Resource Room. iii) Appeals (University Calendar 2012, Assessment Regulations 2005, Reg. 24)

A student may appeal against any decision taken under these regulations.

An appeal, comprising a written statement of the circumstances of the appeal, together with supporting evidence if available, must be submitted by the student in writing to the Head of

Student & Academic Services not more than seven days after the date on which notification of the relevant decision is received.

Appeals under this section are considered and decided by the Deputy Vice-Chancellor by delegated authority of the Academic Programmes Committee.

A decision by the Deputy Vice-Chancellor is notified in writing, and is final.

9. University Calendar Regulations and Policies

Your attention is drawn to the following regulations and policies, which are published in the

University Calendar 2012:

Assessment Regulations 2005

Student Discipline Regulations 2008

Computer Systems Regulations 2005

Policy on the Use of Māori for Assessment

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Student Research Regulations 2008

Ethical Conduct in Human Research and Related Activities Regulations 2008.

10. Links to other papers

This paper complements LAWS468 Intellectual Property and LAWS435 CyberLaw

11. Fees

Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html

.

12. Referencing guidelines and caution against plagiarism

(a) Referencing must be in accordance with the New Zealand Law Style Guide.

(b) All written work submitted for the purposes of assessment must be your own work.

Copying or paraphrasing all or part of another person’s work, be it published or unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt with under the disciplinary procedures of the University as outlined in the Student

Discipline Regulations 2008 in the University Calendar.

“Plagiarism means presenting as one’s own work the work of another, and includes the copying or paraphrasing of another person’s work in an assessment item without acknowledging it as the other person’s work through full and accurate referencing; it applies to assessment presented through a written, spoken, electronic, broadcasting, visual, performance or other medium.” See section 3, Assessment Regulations (2012

Calendar)

(c) The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa

Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate

Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/ .

13. Health and safety

The Law School’s Health and Safety representative is Ms Alison Saunders who is in Room Law G44 at ext 4167.

14. Class representation

See p 68 Te Piringa Faculty of Law Undergraduate Handbook available from http://www.waikato.ac.nz/law/undergraduate/ . Contact details for the Student Representation

Coordinator, Academic Services Division, are as follows: Samantha Whittle, Student Services, ext.

6264, CHSSG.25 email: student.reps@waikato.ac.nz

.

15. Complaints procedures

The brochure Student Concerns and Complaints Policy provides details of the University’s process for handling concerns and complaints and is available from Faculty and School Offices, The

Gateway and Student Services Division and is contained in the Calendar 2012. See also the document Student Support Structure at Te Piringa Faculty of Law, available from the Resource

Room.

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Lecture Schedule B semester (Note: Given the dynamic nature of new technologies this schedule is subject to change)

Week Commencing Programme of lecture topics

4 November (B Semester begins) Introduction

Environmental Protection Authority - process and coverage

BioTechnology – Non Human

BioTechnology – Non Human/Human

11 November Biotechnology Human

Collaborative Database exercise: 20% [essential

requirement] Due 12 November 4:00pm

18 November

Cybernetics- Human Enhancements

Nanotechnology

Digital Presentations - process to be notified

25 November Robotics and Artificial Intelligence

Podcast presentation: 20% [essential requirement]

28 November

Functional MRI and Criminal Law

2 December Forensic Technology – DNA & DNA databases

Response to discussion due Midnight 6 December Forensic Technology -

Privacy and Technology -- Location

Technologies – GPS and data matching

9 December

Final research paper: 40% Due date 11 December

4:00

Take Home Test 20% - given out in class on Friday

13 December Due 4:00 pm 17 December

Overview - Take Home Test handed out in class

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