TE PIRINGA FACULTY OF LAW
LAWS435 CyberLaw 2015 Outline
1.
Identification of Paper
Paper: LAWS435-15B
This paper carries [20 points
2.
Staffing
[Name of Lecturer]
(Convenor)
Phone: ext 4169
Room: LAW.G.63
email: wayner@waikato.ac.nz
Please make an appointment via my PA
Joan Reeves jreeves@waiakto.ac.nz
3.
Description and Structure of Paper
(a) An exploration of the impact of various information technologies on current areas of law,
including aspects of both the criminal and civil arenas, with special emphasis on intellectual
property, copyright, and e-business. There will also be a focus on the development of practical
skills, in terms of advanced electronic legal research and exposure to e-education methodologies.
Course work/final examination ratio 1 : 0
Note: Students need basic computer literacy
(b) Structure of the Paper
This is a B semester paper
The teaching component comprises lectures and the compulsory use of the Moodle online
learning environment.
Event
name
Day
Start Time
End Time
Location
Lecture 1
Mon
13:00
15:00
A.G.30
Lecture 2
Thu
12:00
14:00
I.1.09
1
Note the weeks that the online discussion exercises are run there will be no class on th e
Thursday. The online discussions are essential elements of the paper - you must participate in
each discussion in order to complete the paper, failure to do so will result in an IC grade being
awarded.
4.
Learning outcomes
The Internet has quickly become integrated into many aspects of people’s lives. The Internet has
allowed us to do many things with greater ease and speed, and allows people’s virtual actions to
have trans-jurisdictional effect. While the Internet brings new challenges for law, it also puts a
new spin on existing aspects of the legal arena.
This paper aims to evaluate the existing and developing laws governing the Internet, with a
major focus on developments in New Zealand. The paper will survey many facets of the
interface between law and the Internet including governance, content regulation, access,
intellectual property, cybercrime, virtual torts, social networks and virtual worlds.
A student who has completed the course successfully will be able to:

Describe and critically analyse laws regulating the Internet;

Develop critical use of the internet as a research tool;

Understand the issues and concepts behind the ongoing development of internet
regulation;

Develop a deeper understanding in a chosen area relating to information technology and
law;

Participate in an interactive online-learning environment;

Contribute to the paper as producers of knowledge
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 and
internet based research. Students should allow for periods of more-focused research time in the
preparation for discussions and assignments.
This is a full 20 point 4th year law paper, therefore considerable commitment in time is required
in order to do the background reading and research
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, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
In addition to the texts identified below, the Faculty of Law requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
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 Judge David Harvey internet.law.nz ( Wellington: LexisNexis: 2015) (Fourth edition) [it must
be the Fourth edition] Note that this may not be available until week two of semester.
Further material will 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
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.33 which is
available from http://www.waikato.ac.nz/law/undergraduate.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
[Additional requirements such as length (by pages or by word count) and whether footnotes
and bibliographies are to be included in the word count can be inserted here or in the
assignment handout]
b)
Coursework: Final Examination Ratio: 1:0
c)
Assessment Components
Annotated Bibliography Exercise
Active participation in 4 online discussions and associated exercises
Research project
1-2 Page Proposal – essential but not graded
3000-4000 word essay
Take home test
ANNOTATED BIBLIOGRAPHIC EXERCISE
3
10%
20%
40%
30%
Students will be given topic areas relating to the paper, for which they must source 10
credible websites covering the given topic/issue. Websites are to comply with the criteria
of the online website evaluation tutorial Further instruction will be given in class
The entries from the whole class will be combined and converted into an online portal
which will act as a research resource for the whole class in preparation for their research
paper.
Topics and instructions will be given out in class.
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, illustrating two aspects of the electronic environment: the power of
bringing together distributed knowledge and to illustrate how all can contribute to the
production of that knowledge.
Specific objectives addressed.
 Develop critical use of the internet as a research tool
 Contribute to the paper as producers of knowledge
Bibliographic exercise is due Tuesdays 28 July 4:00pm
ONLINE DISCUSSIONS
Students will be awarded up to 5% for each online discussion. There will be 4 graded
online discussion sessions. These will occur in weeks beginning 3 August, 17 August, &
September and 28th September The discussion will open Monday of each week and will
be open for submission to the following Sunday (specific instructions on timings of
submissions will be given in Moodle).
Justification:
The online discussions are designed around certain tasks to generate discussions on
specific topics. These are designed to encourage deeper learning and sharing of that
knowledge with peers.
Specific objectives addressed.
 To enable students to participate in an interactive online-learning environment;
 To enable students to describe and critically analyse laws regulating the Internet;
 To explicitly give the students an opportunity to be producers of knowledge;
 To facilitate the use of electronic media to support presentation of ideas.
NOTE: This is an essential requirement of the course – without satisfactory
participation in the online discussions you will NOT be able to pass the paper.
RESEARCH PROJECT WILL CONSIST OF TWO PARTS
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Students may choose a topic from any aspect of the paper. If a student wishes to conduct
a research project on a topic that falls outside the paper; the student will need to seek
permission from Wayne prior to commencing the project.
Research Project Proposal
Note: This is ungraded but an essential part of the paper, therefore it is necessary to
complete this in order to pass this paper.
1-2 pages
Structure:
The proposal should identify the topic in the form of a question and include:
A thesis statement paragraph - explaining your thesis question
A list of the core questions that will be addressed in your paper
A skeleton outline of major sections of the paper
Identification of some main sources
Justification:
The proposal is designed to encourage students to choose a research topic early and
begin research. It also allows the lecturer to make sure the topic is suitable given the
material available, criteria and time available, enabling early feedback.
Research Essay Proposal due 4:00pm, Monday 24 August
Research Paper
Word limit ( MAX)
4000 Including Footnotes ( excluding bibliography)
The research paper needs to include the following:
1.
Description of issue or problem – while technical description may well be
necessary you must include the legal issues
2.
The international approach if any, including any legislative approaches. –
jurisdictional comparisons may be helpful depending on topic.
3.
New Zealand approach and/or suggestions/possibilities for addressing the
issue or problem in New Zealand.
Note: it is required that at least half of the sources for the research paper are electronic
sources, eg credible websites, on-line journals or articles, full text electronic databases
etc. All sources need to be properly cited according to the New Zealand Law Style Guide
Justification:
The research assignment is designed to allow the student to develop a deeper
understanding in a area of their interest and apply the research skills developed during
the paper.
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Specific objectives addressed
 To enable students to describe and critically analyse laws regulating the Internet;
 To further develop critical use of the Internet as a research tool;
 To enable students to understand the issues and concepts behind the ongoing
development of internet regulation;
 To enable students to develop a deeper understanding in a chosen area relating to
information technology and law.
Assignments are to be submitted electronically and further instructions will be given in
class.
Research paper due Friday 9 October 4:00pm
TAKE HOME TEST
Page limit 6 pages max
The take home test will consist of number of questions. Students must answer 4
questions. There will be one compulsory question which must be answered by all
students. Three questions must be answered from the remaining questions. The
questions will be drawn from all parts of the paper. Answers must be in narrative form
and properly footnoted (a bibliography is not necessary).
Justification:
The take home test is designed to test understanding of key areas of the paper
Specific Objectives addressed
 Describe and critically analyse laws regulating the Internet;
 Understand the issues and concepts behind the ongoing development of internet
regulation;
Assignments are to be submitted electronically further instructions will be given in class.
Handed out on the last day of class Thursday 15 October due Wednesday 21 October
at 4:00pm
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.
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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.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
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 assessments 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 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.
Applications for extension, on the form obtainable from the Law Reception, 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 intervening 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
nominated 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
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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 2015 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 law reception.
iii)
Appeals (University Calendar 2015, 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 Education Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal tests or exams.
v) If you wish to submit your Internal Assessment in Mãori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Mãori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Mãori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015:
Assessment Regulations 2014
Change of Enrolment Regulations 2012
Student Discipline Regulations 2014
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
[Any pre-requisites are to be stated, but also intellectual linkages can be inserted]
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
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12.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2013.
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 2014 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 (2015 Calendar)
The Te Piringa - Faculty of Law’s policy regarding plagiarism is in the Te Piringa - Faculty of
Law Undergraduate Handbook, available from:
http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Faculty of Law’s Health and Safety representative is TBA. Please report the incident to the
Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
Contact details for the Student Representation Coordinator, Academic Services Division, are as
follows: Jeanie Richards, Student Services, ext. 8221, email: student.reps@waikato.ac.nz.
Further information can be found at the Class Rep google site.
15.
Complaints procedures
The Student Complaints Procedures provides details of the University’s process for handling
concerns and complaints and is published in the University Calendar.
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Week Commencing
Lecture One
Monday 1-3
13 July
Intro to Paper _ requirements The virtual building blocks;
What is the matrix? Internet Access, telecommunications
history and how the internet and Regulation -CyberCulture,
works
20 July
Guest Lecturer
Security
27 July
Internet Governance
3 August
Guest Lecturer – Mr Dot Com No Class
and Extradition
10 August
Cyber Crime
17 August
Cyber Crime – Harassment - No Class
Harmful-digital
Communications
24 August
recess)
(Teaching
31 August
recess)
(Teaching
10
Lecture Two
Thursday 12-2
–
Cyber No Class
Online
Assessment
Online: Research/Web Test Discussion (no grade)
Evaluation Tutorial
Guest Lecturer - Censorship
Bibliographic Assignment is
due 28 July 4:00pm
Online discussion
Cyber Crime
Online discussion
Research Proposal Due 24
August 4:00pm
7 September
Digital Evidence
14 September
IT in Court
21 September
Domain name Disputes
28 September
Virtual
Torts
Conversion
5 October
Online Business
12 October
Digital Shadows and Privacy – Summary Revision and Take
the Next Big Thing
home test
19 October (Study week)
11
No Class
Online Discussion
Download Now: Digital
property and IP rights
Trespass
Virtual torts - spam
No class
Virtual Worlds – Virtual Law
Online Discussion
Research Essay due 4:00pm
9 October
Take Home test given out
in last class Thursday 15
October
Take home test due
October 4:00pm
21