Last week, I had the opportunity of assisting in the teaching of a class on “Law and the Internet” as part of the module on “Globalisation and the Law” offered at the TCD School of Law (for the LLM programme). This also meant that I was asked to put together a pack of readings for the class. Here’s a list of what I selected (leaving out some very useful things, but there’s only so much you can expect students to read just before Christmas, especially on an unfamiliar topic). The structure of the lecture was a discussion on jurisdiction and borders (first hour, basically the first three readings), followed by an exploration of governance and regulation issues (hour two, readings 4-10). The chapters from Lessig and Bowrey formed a coda, for those who were interested in situating the jurisdiction and governance issues in a broader context of the role of law/lawyers/legal systems.
Anyway, please feel free to add your comments, or suggestions for replacement texts for the next time around, if there is one!
Shout-out, too, to the good people at the library in Suffolk University, who put together a really good research guide for cyberlaw (and included this very blog on it). If you want a more detailed list of starter-readings, their list is a great place to start.
1. Jack Goldsmith and Tim Wu, Who Controls The Internet? Illusions of a Borderless World (2006) chapters 4 & 5 (publisher information, no online version)
2. Dow Jones & Company Inc. v Gutnick  HCA 56 (10 December 2002)
3. Joel Reidenberg, “Technology and Internet Jurisdiction” 153 U of Penn L Rev 1951 (2005) (link is to SSRN version)
5. Memorandum of Understanding between US Government and ICANN (1998)
7. Peter Yu, “The Never-Ending ccTLD Story” in Erica Schlesinger Wass (ed.), Addressing the World: National Identity and Internet Country Code Domains (2003) (link is to slightly different version)
8. Michael Geist, “Fair.com? An examination of the allegations of systematic unfairness in the ICANN UDRP” 17 Brooklyn J of Int’l L 903 (2002)
9. World Summit on the Information Society (WSIS), “Agenda for the Information Society, Tunis 2005″ (extract on Internet Governance)
10. Informal summary of the Internet Governance Forum, Athens 2006
11. Lawrence Lessig, Code And Other Laws Of Cyberspace (1999) chapters 5 & 7. Note: the new edition, Code version 2.0 was published just after these readings were circulated. All chapters of the new edition can be downloaded from the linked site.
12. Kathy Bowrey, Law and Internet Cultures (2005) chapter 7 (Google Books extracts and links)