Achievement requirements
Knowledge
- Good knowledge of the principal ways in which Information and Communication Technology (ICT) functions as a regulatory force (‘lex informatica’).
- Good knowledge of the principal similarities and differences between respectively lex informatica and ordinary law.
- Good knowledge of the negative effects of ICT on the ability to apply and enforce ordinary legal rules, particularly with respect to computer-related crime.
- Knowledge of the pros and cons of electronic forms of alternative dispute resolution (e-ADR).
Skills
- Elucidate the regulatory effects of ICT.
- Elucidate the interaction of ICT and law.
- Critically evaluate the propriety of e-ADR.
General competence
- Understanding of the difficulties in combatting computer-related crime and similar nefarious online activity, and of the possibilities and limits of utilizing technological ‘fixes’ for such difficulties.
- Understanding of various ways in which enforcement of norms may be ‘automated’.
- Understanding of weaknesses and strengths of e-ADR.
- Ability to suggest and assess alternative forms of regulation to traditional law.
Main Literature
The required reading list is comprised of (i) main literature, composed of selected chapters from scholarly books, and a set of journal articles which are all available online, two of which only through the UIO library webpages, and (ii) regulatory instruments, composed of relevant EU directives and international legal instruments which are all available online.
Book chapters
Edwards L. & Waelde, C. (eds.) (2009), Law and the Internet:
- chapter 3, H?rnle, J., “The Jurisdictional Challenge of the Internet”, (38 pages);
- chapter 20, Edwards, L., “Pornography, Censorship and the Internet”;
- chapter 21, Brown, I. et al, “Information Security and Cybercrime” (total 130 pages).
Lessig Code version 2.0, chapters 1, 7 and 17, available as an eBook at http://codev2.cc/ (total 36 pages).
Mahler, T., "Legal Risk Management: Developing and Evaluating Elements of a Method for Proactive Legal Analyses, With a Particular Focus on Contracts ", University of Oslo, 2010: Chapter 1 (Introduction), Chapter 4 (Risk), Chapters 6 (Legal Risk), Chapter 13 (A Legal Risk Management Process), (56 pages).
Reed,Chris Making Laws for Cyberspace, Oxford University Press, 2012 (except 6,7 and 10); 190 pages
Schiavetta, S. (2008), Electronic Alternative Dispute Resolution – Increasing Access to Justice via Procedural Protections, doctoral thesis, Chapter 1, p.23-48 (26 pages).
Articles
The following journal articles and paper are available online:
Reidenberg, J: “Lex Informatica: The Formulation of Information Policy Rules Through Technology”, Texas Law Review, 1998, volume 76, pp. 553–593, available at http://reidenberg.home.sprynet.com/lex_informatica.pdf (40 pages).
Reidenberg “States and Internet Enforcement” (2003–04) 1 University of Ottawa Law & Technology Journal 213-230 (18 pages), available at http://www.uoltj.ca (18 pages).
The following journal articles are available via the UiO library:
The following chapters and articles are available from the University Library by using the "Oria" online system. You may search for journals (printed and e-journals) by using "Oria". For more information, go to the English home page of the Faculty of Law Library
Gilles, L.E., “Addressing the ‘Cyberspace Fallacy’: Targeting the Jurisdiction of an Electronic Consumer Contract, International Journal of Law and Information Technology Vol. 16 No. 3, 2008, p. 242-269, available from the UIO at http://ijlit.oxfordjournals.org (28 pages)
Tang, Z., “The Interrelationship of European Jurisdiction and Choice of Law in Contract”, Journal of Private International Law, April 2008, p. 35-59 available from the UIO from http://www.tandfonline.com/doi/pdf/10.1080/17536235.2008.11424332 (25 pages)
Regulatory Instruments
Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, also available at http://eur-lex.europa.eu
Regulation (EC) No. 864/2007 of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), also available at http://eur-lex.europa.eu
Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I), also available at http://eur-lex.europa.eu
Directive 2008/52/EF of 21 May 2008 on certain aspects of mediation in civil and commercial matters, also available at http://eur-lex.europa.eu
Commission Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes, also available at http://eur-lex.europa.eu
Council Resolution of 25 May 2000 on a Community-wide network of national bodies for the extra-judicial settlement of consumer disputes, OJ C 155 (2000) pages 0001 – 0002, avb. at http://eur-lex.europa.eu
Commission Recommendation of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes, OJ L 109 (2001) pages 0056 – 0061, also available at http://eur-lex.europa.eu
Council of Europe’s Convention on Cybercrime, Budapest, 23.11.2001, also available at http://conventions.coe.int
Convention on the Law Applicable to International Sale of Goods, The Hague 1955, also available at http://www.jus.uio.no
Supplementary Literature
Edwards/Waelde (Law and the Internet): Jones, R., “Cybercrime and Internet Security: A Criminological Introduction” (chapter 19)
Koops, B-J et al (2006), “Should Self-Regulation be the Starting Point?” in Koops et al (eds.) Starting Points for ICT Regulation: Deconstructing Prevalent Policy One-Liners, TMC Asser Press, The Hague, p. 109-149, (40 pages).
Mifsud Bonnici, J.P. (2008), in particular chapters 2, 3, Self-regulation in Cyberspace, TMC Asser Press, The Hague, p.9-32, (24 pages).
Wall, David S. “Cybercrime” (2007), p. 17-19; p. 157-166 (13 pages).
Articles
Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, also available at http://eur-lex.europa.eu
Greenleaf, G: “An Endnote on Regulating Cyberspace: Architecture vs Law?”, University of New South Wales Law Journal, 1998, volume 21, number 2, available at http://www.austlii.edu.au (29 pages)
Rotenberg, M: “Fair Information Practices and the Architecture of Privacy (What Larry Doesn’t Get)”, Stanford Technology Law Review, 2001, available at
Schiavetta, S. (2004), “The Relationship between e-ADR and Article 6 of the European convention of Human Rights pursuant to the case law of the European Court of Human Rights”, Journal of Information, Law and Technology, 2004, No. 1, at http://www2.warwick.ac.uk (35 pages).