Innovation and Technology Law Curriculum Core Courses FOUNDATIONS OF PRIVACY LAW (FALL 2016) This course explores the principles of privacy law in relation to the affairs of government, non-government organizations, and individuals. Students will examine laws that protect personal privacy, both from a historical perspective and with a more contemporary focus on how these laws change as new technologies emerge. CYBERSPACE LAW IN THE MODERN ERA, AND BEYOND (FALL 2016) In this course students will explore the business and governing law of the Internet. Students will learn the foundations of computers, networks and the Internet. The course then concentrates on surveying the primary Internet business plans, the intellectual property issues that consume those businesses (including patents, trade secrets, copyrights and trademarks), first amendment and social media issues (including free speech, defamation and privacy) and other key Internet business and legal issues (such as online contracting, jurisdiction, tax and gambling). *Note: Steve Tapia is currently teaching a first iteration of this course. DIGITAL COMMERCE AND CONSUMER DATA (SPRING 2017) Digital commerce (also commonly known as e-commerce or e-business, with other more industry-specifically labels, such as e-tail), consists of the buying and selling of products or services over electronic systems such as the Internet and other computer networks. This course will explore the many legal and policy issues that affect businesses and consumers who partake in digital-commerce transactions. Topics covered include digital business models, formation and operation of digital-commerce companies, protecting the assets of digital -commerce companies, digital contracts, consumer protection and much more. LAW, TECHNOLOGY, AND ETHICS IN THE AGE OF BUSINESS INNOVATION (POSSIBLE CAPSTONE COURSE) This course examines how technology has influenced law, policy and practice. Students will explore various legal disciplines from the perspective of contemporary technology-oriented problems. Students will also examine the principal ethical dilemmas facing both attorneys and their clients or employers in relation to business innovation in the Digital Age. Page 1 of 6
Students will, through targeted course selection, have the opportunity to design their LL.M. studies to emphasize the industries and areas of greatest interest to the student. Track 1: Data Privacy and Cybersecurity CYBERSECURITY AND DATA BREACH: LEGAL AND PRACTICAL PREVENTION AND RESPONSE This course explores common cyber-attack scenarios, actions that companies can take to prevent or respond to such attacks, and the potential consequences of a data breach. Business considerations will be explored from the ground up, including an organization s: recognition of which firm data, assets, and services warrant the most protection; prospective identification of the costs and reputational harm that may result from a data breach; evaluation of various risks associated with the transmission, storage, processing, and access to information both internally (e.g., employees) and externally (e.g., customers, third-party vendors); managing risk via appropriate internal controls, vulnerability assessments, best practices, and due diligence; balancing operational needs with business objectives and the cost of protective measures; employee and managerial roles in policy design and implementation; incident response plans for recognizing, containing, and responding to a cyber-attack; and the appropriate invocation of criminal and civil authorities or claims. MANAGING PRIVACY RISKS ACROSS THE BUSINESS ENTERPRISE This course is a discussion-oriented course that employs collaborative learning methodology. Students will explore common pitfalls, risks, and solutions to privacy-related problems. The course anticipates students from three separate disciplines joining one another in groups, with each group completing a culminating, collaborative project. The disciplines include: (1) Law students, who will learn critical aspects of privacyrelated technologies and requirements gathering; (2) Computer Science and/or Engineering students, who will learn relevant aspects of privacy program practices; and (3) Business students, who will learn how to integrate law, engineering and program practices to strategically manage organizational privacy risks. Success in the group project will turn in part on students willingness and ability to effectively communicate with colleagues across the noted disciplines. *Note: Tracy Kosa, Privacy Compliance Director at Microsoft, is currently teaching a first iteration of this course. Page 2 of 6
DATA PRIVACY INTENSIVE STUDY: In addition to the foregoing, Track 1 students will select electives chosen from among the noted courses General Description: Students will examine in-depth the social, legal, technological, and other issues that affect the collection, protection, and dissemination of information in the relevant industry or area. Each CYBER WAR, CYBER ESPIONAGE, AND CYBER CRIMES This class will cover principles of criminal law and national security law as applied to computer crimes, with primary emphasis on the Computer Fraud and Abuse Act. The class will begin with an overview of computer trespass laws and their application to computer hacking, and will also include a brief survey of search and seizure/electronic surveillance laws as applied to computers. Other topics covered include national security surveillance law and international law governing information warfare. Students will also engage in topical discussions of recent state-sponsored computer intrusions. (Some overlap with Surveillance Law, Personal Privacy, and Government) Note that some overlap exists between, e.g., this course and the Surveillance Law, Personal Privacy, and Government Intrusion course, as well as the Cybercrimes, etc. course, both of which are described below. Professors across the curriculum strive to coordinate courses that address overlapping topics so as to avoid duplication and to allocate the appropriate depth of coverage among the related courses. PRIVACY LAW & EDUCATIONAL INSTITUTIONS PRIVACY LAW & THE HEALTHCARE INDUSTRY INFORMATION PRIVACY IN THE GLOBAL MARKETPLACE Comparative law course with a heavy emphasis on EU law. OPEN GOVERNMENT LAW This course examines FOIA and other laws requiring disclosure or public access to information gathered or held by federal and state governments and their respective subdivisions. SURVEILLANCE LAW, PERSONAL PRIVACY, AND GOVERNMENT INTRUSION Page 3 of 6
This course considers the government s obligation to protect personal privacy, as well as limitations on the government s ability to surveil or collect personal information on its citizenry. Topics include an in-depth study of surveillance law, including the Electronic Communications Privacy Act, the Stored Communications Act, the Foreign Intelligence Surveillance Act, the Privacy Act of 1974, and Fourth Amendment principles and cases in this area. Some overlap with Cybercrime, Cyberespionage, and Cyberwar. PRIVACY LITIGATION This course examines the civil litigation and regulatory actions that often accompany allegations of a data privacy violation. Students will explore the nuances of litigation involving individual plaintiffs, class actions, government agencies (often concerned with consumer protection), or disputes among corporations. These issues will be considered in various settings, including allegations, investigations, formal and informal discussions, and appeals. PRIVACY CONSIDERATIONS IN THE SOFTWARE AND INFORMATION TECHNOLOGY INDUSTRIES Track 2: Digital Commerce and Financial Technology FROM BARTER TO BITCOIN: MODERN PAYMENT SYSTEMS This course examines the competing paradigms of payment systems suggested by both historical antecedents and new developments at the intersection of finance and technology, including a study of Articles 3, 4 & 4A of the Uniform Commercial Code and the Electronic Fund Transfer Act. Students may also explore the concepts of money and payment, including distinguishing between socially organic forms of money and governmentally mandated concepts such as currency and legal tender, and the current paradigm of negotiability as a means of providing trust in the marketplace. *Note: Ryan Strauss, an attorney practicing in the Seattle office of Riddell Williams, is currently teaching a first iteration of this course. NON-DEPOSITORY FINANCIAL INSTITUTIONS AND NONTRADITIONAL PROVIDERS OF FINANCIAL SERVICES This course surveys the principal examples of non-depositary financial institutions and other non-traditional financial services providers operating in today s domestic and global marketplace, coupled with an examination of the current and emerging approaches to regulation of Page 4 of 6
these entities. This course includes an in-depth look at money transmission as a principal focus of present state and federal regulation. DIGITAL COMMERCE/FINTECH INTENSIVE STUDY: In addition to the foregoing, Track 2 students will select electives from among the noted courses: PRINCIPLES OF FINANCIAL REGULATION An in-depth examination of the history of financial regulation and the principles upon which such regulation are based, with a particular emphasis on the evolution of standards in the chartering, licensing, and regulation of depositary institutions, independent non-depositary companies (including money services providers), financial holding companies, and non-depositary affiliates. The course will primarily focus on the United States financial regulatory system but will also involve some comparative study of the evolution of other financial regulatory systems (especially Europe and Asia), as well as international regulatory initiatives between nations (e.g., the Financial Action Task Force and the Basel Accord). DATA PRIVACY INTENSIVE STUDY: CONSUMER INFORMATION AND DIGITAL COMMERCE/FINANCE (Several Intensive Study electives have relevance to students pursuing either track) CYBER AND WHITE COLLAR CRIMES A thorough examination of United States and international laws and regulations (including inter-nation cooperative agreements) concerning financial crime, including identity theft and money laundering. This is a specialized criminal law course with some emphasis given to criminal justice policy as it relates to financial innovation. PRACTICUM (EXPERIENTIAL LEARNING COURSE) TOPICAL AREAS MAY INCLUDE INCIDENT RESPONSE, REGULATORY RELATIONS, LAWYERING WITHIN AN ORGANIZATION, ETC. An inter-disciplinary and practical (case-method) examination of strategies for representing government or business in the area of emerging technologies, including lobbying legislatures and agencies, involvement in investigations and examinations, adversarial administrative actions, prosecutions, and mediations. Courses Under Consideration: ELECTRONIC DISCOVERY, DIGITAL EVIDENCE, AND CYBER-FORENSICS o This course examines the developing legal issues, practices and rules involving the use of electronically generated information in litigation and general practice. The instructors will unveil the mysteries and Page 5 of 6
hidden traps surrounding the use of computer and electronic records in everyday legal and corporate practice while examining the emerging rules governing electronic discovery and digital evidence. Students will be exposed to how litigators address electronic information (such as corporate email) in the discovery process, including discussion of the Federal Rules changes, the role that computer forensics plays in the investigation and litigation process, and evidentiary considerations with digital evidence. IP-SPECIFIC DRAFTING LAB A possible variation developed from our Drafting Labs in Business Law, Real Estate, etc., as well as our IP Licensing and other IP Labs. AREA-SPECIFIC EXTERNSHIPS OR PRACTICUMS o A practicum involves substantive work in the field of privacy law, financial technology, or e-commerce. The work is performed in a law practice setting under the supervision of attorneys in private, corporate or governmental practice. Practicums are vetted and approved by the Law School s Externship Director, in consultation with the Director of the Law School s Advanced Degree Program. Grading is on a pass/fail basis. Students may register either for 1 or 2 credit hours of practicum work within a semester or summer term. Students may repeat the practicum placement in a subsequent semester for a total of up to 4 credit hours toward tech LL.M degree. (Open only to LL.M students). Page 6 of 6