Transcript High Technology Seminar Week 1

Cyberspace and
Technology Seminar
Legal Research, Issues
& Practice Online and Beyond
Cyrus Daftary & Todd Krieger
January 26, 2015
Agenda
Welcome
The Impact of Technology on the Practice of Law
Understanding the Internet
Using Course Website
Course Expectations / Policies
Questions & Answers
2
I. Welcome
Welcome
- Adjunct Professors Daftary & Krieger
- Introduction of Classmates
Goals of Course
- Become aware of current legal issues with
technology and the Internet
- Understand some legal issues associated with creating,
managing, and sustaining a tech company
- Improve understanding of technologies
associated with the Internet
- Have fun
3
We Have an Ambitious Agenda
Week 2: 02/02/15, Creating an Identity and Protecting IP (Part 1): Introduction to
Intellectual Property, Virtual Products, Copyright Law, DMCA, and other Digital
Rights.
Week 3: 02/09/15, Creating an Identity and Protecting IP (Part 2): Technology
Patents, Trademarks, Domain Names, Key Words, and Search Terms.
Week 4: 02/17/15 (Tuesday class), Creating an Entity: Counseling and Establishing
Technology / Online Companies.
Week 5: 02/23/15, Access to Technology: Americans with Disabilities Act and
Technology, Computerized Voting, Open Source licenses, Virtual Currency,
Distributed and Cloud Computing, and Technology Tying
Week 6: 03/02/15, The Online Forum: First Amendment, Disclosure, 3-D printing,
Advertising, and Social Media.
Week 7: 03/16/15, Privacy: Employee and Individual Privacy Issues Emerging from
New Technology, Spyware.
Week 8: 03/23/15, Doing Business Online: E Commerce.
Week 9: 03/30/15, Tax Discussion
Week 10: 04/06/15, The Reach of Technology: Jurisdiction & International, Digital
Discovery, Data Retention, Digital Security, Encryption.
Week 11: 04/13/15, Student Presentations
Week 12: 04/22/15 (Wednesday class), Student Presentations
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Week 13: 04/27/15, Student Presentations
II. The Impact of Technology on
the Practice of Law - Introduction
Technology has facilitated numerous
opportunities and challenges for the legal
profession.
Opportunities
Challenges
• Efficient information access and
• Digital crimes
transmission
• Portability
• Instant communication
• New technology
• Revival of ‘forgotten’areas of law
• New ways of building communities
• Novel legal challenges
• Digital torts
• Novel jurisdictions
•New participants
• Heightened regulatory climate
•New technology
• Uncharted territory
5
Recognize this Location?
•Any legal concerns with
Google Earth?
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Remember When This All Wouldn’t
Fit in Your Pocket?
Calculator
Watch
Calendar
Alarm clock
Notepad
Flashlight
Music player
Law Practice mgt.
Camera
Time tracking
Voice recorder
Docketing
Photo album
Invoicing
GPS
Payroll
Video game console
Accounting
Book
Documents mgt.
Laptop
Matter mgt.
The latest iPhone is more powerful than laptops from just a
few years ago.
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Client Theme
Eli and Jason lament that modern devices
lack the cozy, simple pleasures they used
to enjoy with their toys as children.
They decide to explore creating a
company to make an iPhone cover that
combines the tactile glow of Lite-Bright,
the soothing comfort of a Cabbage Patch
doll, and the daring imagination of the pet
rock.
8
Client Theme
(cont.)
The duo start ‘Eli’s Cases’ in the back of
Eli’s shop with a hot glue gun, a pile of old
craft supplies, and a liberal supply of
nostalgic dreams.
Their first offering, the ‘Retro-Cozy Case
Beta’ is a surprising hit on Etsy.
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Client Theme
(cont.)
With the success of their mobile device
case, they decide to develop an app to
satisfy nostalgia fans who miss their old
devices by simulating a rotary phone dialer
for the i-Phone, facilitating calls to friends
by dialing just five digits or using vintage
letter prefixes for phone numbers, and
replacing ‘call waiting’ with a rich and
hearty busy signal, among other features.
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Success Invites Imitation
Etsy customer buys the ‘R-C Case Beta”
Contemplates larger market
3d scans the case, takes digital images
Prints 3d reproduction prototype
Manufactures overseas with CAD file.
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III. Understanding the Internet
To answer this question, we need to look two things:
- Examine Recent Trends
- Paradigm Shift
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A. Trends Over the Past 15 Years
Technological
–
–
–
–
Mainframe to PC to PDA to smartphone and tablet based society
Cost of change is lower now
Brand loyalty is no longer a factor – digital devices are commodities
Mobile phones & tablets are replacing desktop and laptop computers to
surf the web, send e-mail, take photos, listen to music, navigate, & other
functions
Social
– Shift from a National View to Global View
– Individuals can access vast social networks
- Online services allow voice and video communication across the globe
Economic
– Move from Industrial based economy to an Information based economy
– Move from buying tangible goods to intangible services
– After some growing pains, the Internet has become a viable channel.
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Online Timeline Part 1
The Wild West of online culture was tamed by new
laws, tighter enforcement, and the absence of cash.
<1997
Free for all /
Wild West
~1997-98
Dot Com
explosion/
protecting
their turf
Privacy
Consumer/
Corporate
legal
protection
COPPA
ACCPA
Old wine in
new bottles
2003
1999
2004
Security
2005
Brick and
Mortar
take over
the net
2000
2001
Dot Bomb/
globalization
Fight
for the
crumbs
Sharing
and
Building
Personal
Spaces
Aggressive
enforcement
Active online
policing
Yahoo! France
battle
2006
2002
2007
Convergence
of portability,
entertainment
and
communications
2008
Social and
Business
Networking
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Online Timeline Part 2
2009
2010
Open
Platforms and
Architecture
Transparency
2014
Digital
Warfare –
State v.
Corporation
2011
Technology
/ Social
Media Fuel
the
Revolution
2012
IPOs and
Reality
2013
Integration of
technology
What is
next & how
do we
prepare as
lawyers?
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B. Paradigm Shift
Recent trends have changed the way we act
and do business
– Investors were willing to invest big money on knowledge
based companies like Yahoo, eBay, and Google before they
were making consistent profits.
– Previously, investor wanted to see solid tangible
assets/balance sheets.
– Alibaba.com’s $25 Billion IPO in 2014.
– Would you invest in the Box IPO? +$120 million loss through 10/14.
Today’s workforce
- Needs to have diverse and continually evolving skill sets
- Understanding of things versus memorization
- Should be versed in conceptualization
- Dynamic skills versus procedure (process)
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Result of Paradigm Shift
“E-Commerce is what you do and EBusiness is what you are.”
E-Commerce
E-Business
• An enterprise designed for success
• Marketing
in the information age
• Selling
• New sources of shareholder value
• Buying of products
– Building customer loyalty
and services on the
– Optimizing business process
Internet
– Creating new products and services
– Managing risk and compliance
– Reaching new markets
– Enhancing human capital
– Harnessing technology
– Achieving market leadership
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Cyberspace & the Internet
A. The Origin of Cyberspace
B. The Evolution of the Internet
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A. The Term Cyberspace
The term ‘cyberspace’ traces its origin back to a
science fiction novel written by William Gibson entitled
Neuromancer.
In this book corporations replaced governments, and
computer hackers waged a war against secure data.
This chaos was called Cyberspace.
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B. The Evolution of the Internet
The Internet was born over 40 years ago as a result of
an effort to connect U.S. Defense Department
networks to various radio and satellite networks.
During the 1970s, many universities and nongovernmental entities linked into the Defense
Department net.
By the late 1980s, many networks were linked
redundant to create the Internet.
No one entity controls the Internet, and there are
consortia agreeing on standards.
The Internet will continue to evolve
– Erosion of net neutrality
– Use of web as channel for conflict
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C. Understanding How the
Internet Works
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1. Local Area Network (LAN)
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2. Wide Area Network (WAN)
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3. The Internet
Combination of privately run networks to which
enterprises connect their LANs & WANs.
These privately run networks span the world
creating redundancy and stability.
Each network(s) is connected by copper and
fiber optic land lines and wireless links.
Intelligent devices called “routers” route data
over the many networks.
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a. The Components of the
Internet
Bulletin Board Services (popular since the 1980s)
- electronic mail, messages, software distribution
Commercial On-Line Services
- AOL, MSN, etc.
Private Systems
- Local Area Networks, Intranets meant for small groups
Computer Networks
- Telnet, File Transfer Protocol, collection of interconnected computer systems that transfer information
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How do People Use the Net?
Entertainment
• Games
• Electronic
publishing
• Listening to
music
• Reading
• Watching TV
and video
content
Communication:
• E-mail
• IM
• Socializing
• Publishing
• Exchanging
content
• Skype / video
chat
Learning
• Remote
classes
• Research
• Exchange
ideas and
information
Commerce:
Working
Buying
Selling
Research
Advertising
Commercial
Transactions
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c. What are Lawyers Doing on
the Internet?
Marketing
Writing and Blogging
Research
Billing
Compiling Materials
Making Practice Forms
Replacing Paper Libraries with Virtual Libraries
Communication
Looking for the ‘Smoking Gun.’
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d. Challenges the Internet
Creates for the Legal Profession
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Who is the buyer?
Who is the seller?
Where is the buyer?
Where is the seller?
What laws apply?
Can parties choose another law?
Are electronic agreements enforceable?
How do I protect my copyright / tradename?
Am I liable for the content of others?
Do consumers have special protection?
When must I pay VAT?
When must I pay income tax?
Will the U.S. give me a foreign tax credit?
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IV. Using the Class Website
Materials on the web
- Access via the Suffolk Web Site @
www.mycyberlawclass.com
Pay attention to instructions on the website regarding the
reading assignments. Many assignments are not as
long as they seem!
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V. Course Expectations
Grading Policy
Reading Assignments
Class Schedule
Class Interaction
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Final Project & Paper
Project and papers are based on scenarios on the course
web site.
Final project:
– ½ hour presentation (hopefully) related to legal scenario with group
of 2-3
– Group creates business plan related to scenario and associated web
site.
1 student takes role of CEO and presents the business plan
1 student presents the website
1 student presents the legal risks and solutions with the business.
Final paper:
– 10+ pages based on scenarios
Answer questions in the hypo
Well researched with cites
Focus is on analysis
Individually written (no group papers)
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VI. Questions & Answers
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