Shibolet & Co. Colloquium on
Law & Information Technology
1011044141
Fall 2015
Prof. Michael Birnhack & Prof. Assaf Jacob
Digital networks and cyber systems have an almost infinite number of speech opportunities,
communications, commerce and more, but also pose substantial challenges of copyright
infringement, privacy violations, harm to one’s reputation, terrorist activity, scams and more.
What is the relationship between law and information technologies? This is the topic of the
workshop. We will discuss these issues by way of critically reading several yet-unpublished
works in progress on cutting-edge topics, written by leading scholars in Israel and abroad,
and discussions the papers with the authors.
This is an advanced seminar and assumes prior familiarity with the general themes of law
and technology (please see pre-requisites). The workshop invites Israeli and foreign scholars
to present their current work from law and other relevant disciplines. Students will be
required to read papers in advance, comment in writing, participate in classes, and comment
in the workshop itself.
General Information
Classes will take place on Wednesday, 04:15-05:45 pm, at room 017 at the Zvi Meitar Center
for Advanced Legal Studies. A detailed program is available below. The Workshop is of 3
credits. Israeli LL.B students may take the workshop as an ‘English Course’, if written
comments (see below) are all submitted in English.
Contact
Prof. Jacob
ajacov@idc.ac.il
Office Hours by appointment
Prof. Birnhack
birnhack@post.tau.ac.il
Office hours: Monday, 1:240-13:00
Room 9:3
Prerequisite
TAU LL.B students: Students should have already taken at least one course of the
following: IP, Information Law, Cyberlaw, Privacy Law, or by approaching Prof.
Birnhack prior to registration.
International LL.M / exchange students: Students in the Law & Technology track of the
International LL.M program may take the course. Exchange and other foreign students
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should meet the prerequisite of having studied at least one course on internet law /
cyberlaw / intellectual property / digital privacy. In case of doubt, please contact Prof.
Birnhack prior to registration.
Format
In most classes we will host an Israeli or foreign scholar who will present his or her work
in progress, on a topic related to law & IT. At least a week before the meeting, and when
possible even earlier, students will have access to the draft of the paper that will be
discussed, via Moodle. Students are required to read the paper, asses its arguments and
methodology, and prepare a written comment for a total of 7 papers.
During the first 15 minutes of each class, the guest will recap the major arguments and
contextualize the paper within his or her broader work. Thereafter we will have one or
two designated commentators, according to a list that will be determined in advance, each
with no more than 5 minutes to comment. We will then open the floor for free discussion
with the guest. Additional guests may join us, from the Faculty or elsewhere.
Assignments
The grade is composed of three components: one oral comment 10%; active participation
– 20%; seven written comments – 70%.
i. Oral Comment: The designated comment should be thoughtful and critical (and
polite…), on the main argument of the paper. The comment should be based on a
close reading of the paper, and to the extent relevant, on researching related material,
for example, if the paper discusses a major case, or a technological enterprise, it is a
good idea to read the case and figure out the technology at stake. Insights from other
disciplines are more than welcome. Examples that may strengthen the arguments – or
perhaps refute it – are welcome. Avoid technical, style, grammar, or citation
comments.
ii. General Discussion: Reading all papers and participating in all classes is required.
The grade in this component will be based on the quality of questions and comments
during classes. We expect these to reflect the thorough and critical reading of the
papers. It is a good idea to prepare some notes in advance.
iii. Written Comments. Each student should submit 7 written comments during the
semester. The choice is yours, according to your personal interests. Comments should
be original and written independently, and meet academic ethical standards. Each
comment shall not exceed 400 words. You should email the comments to both
instructors no later than Sunday, 12:00 pm, before the class in which the paper will be
discussed. The comments should focus on one major argument in the paper, present it
very briefly and spend the vast majority of the space to criticize the argument, suggest
counter-arguments, or take the argument one step further and support it.
We might ask for additional reading for some of the meetings. Some of our guests are
not lawyers. There is no need to teach them law! The idea is to try to understand their
perspective, and supplement or criticize it while appreciating the natural discourse gaps
between different disciplines. Before each class, it might be a good idea to visit the
guest’s homepage.
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Classes
[There might be changes during the term]
21.10.15
Introduction: Law & Information Technology
# optional reading: LAWRENCE LESSIG, CODE
CYBERSPACE (1999)
AND
OTHER LAWS
OF
28.10.15
Exercise:
Jack M. Balkin The Path of Robotics Law, 6 CAL L. REV. CIR. 45 (2015)
04.11.15
Dr. Orna Rabinovich Einy Haifa Law
Digital Justice: Dispute Resolution and Prevention in the Internet Age
11.11.15
Dr. Elad Segev, TAU Media Studies
Temporal Patterns of Scientific Information-Seeking on Google and Wikipedia
18.11.15
Prof. Peter Menell, Berkeley Law
Adapting Copyright for the Mashup Generation
25.11.15
Prof. Ronald Leenes, Tilburg Institute for Law, Technology, and Society
Facepalm. Why Does Technology Regulation (Seem to) Fail (More Often)?
02.12.15
Prof. Séverine Dussolier, Sciences Po, Ecole de Droit
Degrees of Exclusivity and Inclusivity in Intellectual Property
** 06.12.15
evening: S. Horowitz Institute for IP in memory of Amnon Goldenberg –
Launch event
** 7-8.12.15 Workshop: OUP Handbook on IP Law
09.12.15
Prof. Rochelle Dreyfuss, NYU Law
(with Orly Lobel) Economic Espionage as Reality or Rhetoric: Prosperity as a
Component of National Security
16.12.15
Prof. Karen Eltis, Ottawa Law
A Purposive Interpretation of the Open Court Principle in the Digital Age:
Privacy, Access to Justice and Online Posting of Court Documents
23.12.15
Dr. Erez Shmueli, TAU Engineering
Are You Your Friends’ Friend? Poor Perceptions of Friendship Ties Limits
the Ability to Persuade Others
30.12.15
Prof. Dotan Oliar, U. Virginia School of Law
Copyright Registration
06.01.16
Prof. Ronen Avraham, TAU Law
End-User’s Liability
13.01.16
Dr. Tami Kricheli-Katz (TAU Law), Dr. Tali Regev (IDC Economy)
Women and Men in Online Product Markets - Evidence from eBay
End of term: 17.1.16
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