Uganda Christian University School of Law ICT Law and Policy Course
Uganda Christian University
Faculty of Law
Programme: Bachelor of Laws
Course description
The course “Information and Communication Technology (ICT) Law and Policy” consists of classes, practical assignments and seminars. The course is designed to enable students develop the skills necessary for legal practice and research in the field of ICT law. The course will require active participation by the students through completion of various tasks and submission of researched papers.
Course content
This course provides students with knowledge in the specialized field of ICT Law by examining the legal aspects brought about by the use of information and communications technology. The course will emphasize the relationship between law and ICT within the areas of electronic commerce/transactions, intellectual property rights in the information society, privacy/data protection and cybercrime.
Knowledge
The knowledge attained will be of the relevant laws in Uganda, knowledge of the ways in which ICT influences Law and the ways in which law influences ICT, and knowledge of relevant soft law which includes: guidelines, codes of practice and online dispute resolution.
Skills
Through this course students are expected to attain adequate skills so as to:
- Expound and assess the challenges posed by ICT to law and the effectiveness of law in the digital environment.
- Critically assess the regulatory role played by ICT.
- Interpret and apply legal rules in the field of ICT law.
- Comprehend the ways in which;
(i) ICT affects the application of existing law
(ii) Existing laws affect the use of ICT (iii)ICT functions as a regulatory mechanism
- Correspond legal opinions relating to the field of ICT law.
Target group
Prior computing experience or knowledge is not required for this course.
Course literature
Lilian Edwards & Charlotte Waelde (eds.), Law and the Internet, 3rd Edition, Hart Publishing
(2009)
Peter Wahlgren, “Scandinavian Studies in Law,” Volume 56, Law and ICT (2010)
Lee A. Bygrave, Data Privacy Law: An International Perspective, Oxford University Press,
2014.
Bygrave, LA: “Data Protection Pursuant to the Right to Privacy in Human Rights Treaties,”
International Journal of Law & Information Technology, 1998, Volume 6, pp. 247–284. http://folk.uio.no/lee/oldpage/articles/Human_rights.pdf
Commission on Intellectual Property Rights (U.K.), Integrating Intellectual Property Rights and Development Policy, September 2002, Chapter 5, available at http://www.iprcommission.org/papers/pdfs/final_report/Ch5final.pdf
http://www.scandinavianlaw.se/index.php?page=index-database
Regulatory Instruments
The Electronic Transactions Act, Laws of Uganda The Electronic Signatures Act, Laws of Uganda The Computer misuse Act, Laws of Uganda
UN Guidelines on data protection (1990) – Guidelines Concerning Computerized Personal Data
Files, adopted 14.12.1990; available athttp://www.unhcr.org/refworld/pdfid/3ddcafaac.pdf
OECD Guidelines on Data Protection (1980) – Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, adopted 23.9.1980; available at http://www.oecd.org/internet/interneteconomy/oecdguidelinesontheprotectionofprivacyandtransborderflo wsofpersonaldata.htm
UNCITRAL Model law on electronic commerce.
2001 UNCITRAL Model Law on Electronic Signatures (Resolution adopted by the UN General
Assembly).
2006 UN Convention on the Use of Electronic Communications in International Contracts
Berne Convention for the Protection of Literary and Artistic Works; Paris Act of 24 July 1971, as amended on 28 September 1979 http://www.wipo.int/treaties/en/ip/berne/
WIPO Copyright Treaty, 20 December 1996 http://www.wipo.int/treaties/en/ip/wct/index.htm
TRIPS Agreement: Agreement on Trade-Related Aspects of Intellectual Property Rights, 15
April 1994 http://www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm
Specific internet-based resources will be presented in class.
Summary of weekly schedule
Week one:
Introduction
- ICT Law from a practitioner’s perspective
- How does the Internet work?
http://computer.howstuffworks.com/internet/basics/internet.htm
- Selections from the HowStuffWorks website, such as: http://videos.howstuffworks.com/computer/internet-videos.htm http://computer.howstuffworks.com/
Required reading;
– Peter Wahlgren, “Scandinavian Studies in Law,” Volume 56, Law and ICT (2010) p. 11-
32
Week two:
Fundamentals of Cyberlaw/ICT Law
- Jurisdiction and Internet in Relation to Commercial Law disputes
- The Jurisdictional Challenge of the Internet
Required reading;
– Lilian Edwards & Charlotte Waelde (eds.), Law and the Internet, 3rd Edition, Hart
Publishing (2009) p. 121-158
– Peter Wahlgren, “Scandinavian Studies in Law,” Volume 56, Law and ICT (2010) p.
303-328
– Scandinavian Studies in Law volume 47 – Internationalization and Constant Change, Jon
Bing;
– IT Law in the Framework of Legal Informatics, Peter Seipel
http://www.scandinavianlaw.se/index.php?page=index-database
Week three:
Contracts and Electronic Commerce
- Electronic contract formation
- Consumer protection (notion of consumer and aims of consumer protection law, Consumer protection at pre-contractual and post-contractual stages)
- Group Coursework (Take home written assignment) Required reading;
– The Electronic Transactions Act, Laws of Uganda
Additional Reading;
– “Laws and contracts in an e-commerce environment”, in UNCTAD,
Information Economy Report 2006, p. 299–314 (16 pages)
– Kunz et al., “Browse-Wrap Agreements: Validity of Implied Assent
in Electronic Form Agreements”, The Business Lawyer, 2003, vol.
59, p. 279–312 (34 pages)
– Lilian Edwards & Charlotte Waelde (eds.), Law and the Internet, 3rd Edition, Hart
Publishing (2009) p. 45-119
Week four and five
Intellectual Property Rights in the digital context
- Introduction to Intellectual Property Law
- IP law and search engines
- Main legal issues from the perspectives of copyright, trade mark and patent law
- Free movement of information – the principle and its practical implications
- Protection of computer programs
- Overview of various approaches taken with respect to IP protection of computer
Programs
- Enforcement of IP rights, including Digital Rights Management Systems (DRMS)
Required Reading;
– Lilian Edwards & Charlotte Waelde (eds.), Law and the Internet, 3rd Edition, Hart
Publishing (2009) p. 311-333
– Peter Wahlgren, “Scandinavian Studies in Law,” Volume 56, Law and ICT (2010) p.
329-358
Week six
Privacy and Data protection
- Data protection and privacy – basic concepts in a changing world
- Privacy and data protection in an international perspective
- ICT/Internet and the right to privacy
- Privacy and data protection online
- Individual coursework (Take home individual assignment)
Required Reading;
– Lilian Edwards & Charlotte Waelde (eds.), Law and the Internet, 3rd Edition, Hart
Publishing (2009) p. 441-488
– Peter Wahlgren, “Scandinavian Studies in Law,” Volume 56, Law and ICT (2010) p.
151-207
Week seven
Cybercrime
- Cybercrime and internet security
- Pornography, censorship and the internet
- Combating cybercrime
- Crimes against confidentiality, integrity and accessibility of data and systems
- Computer related crime
Required Reading;
– Computer Misuse Act, Laws of Uganda
– Lilian Edwards & Charlotte Waelde (eds.), Law and the Internet, 3rd Edition, Hart
Publishing (2009) p. 601-669
– Peter Wahlgren, “Scandinavian Studies in Law,” Volume 56, Law and ICT (2010) p.
247-284
Week eight
Online Aspects of internet governance
- Domain Name System and ICANN
- Domain Name Dispute Resolution – UDRP, Trade Marks
- Group assignment presentation
Required Reading;
– A. Michael Froomkin, “Almost Free: An Analysis of ICANN’s ‘Affirmation of Commitments’”, Journal of Telecommunications and High Technology Law, Vol. 9, 2011 (47 pages). http://ssrn.com/abstract=1744086
– ICANN, “gTLD Applicant Guidebook” (30 May 2011), Module 1, Module 3 (excluding attachments) and “Registry agreement” (attachment to Module 5), (approx. 95 pages). The text can be downloaded from http://www.icann.org/en/topics/new-gtld-program.htm)
Week nine
Online Dispute Resolution
- Jurisdiction and arbitration clauses
- Consumer protection issues
- Internet enforcement
Required Reading;
– Hörnle, “The Jurisdictional Challenge of the Internet”, in Edwards & Waelde (eds.), Law
and the Internet, 2009, Chapter 3 (38 pages),
– Reidenberg, “States and Internet Enforcement”, University of Ottawa Law & Technology
Journal, 2003–04, vol. 1, pp. 213–230 (18 pages)
Information Security
- Legal aspects of information security
- Internet management and security – the view from Uganda
- Cloud computing – legal aspects
Required Reading;
– Giles Hogben (ed), ‘Security Issues and Recommendations for Online Social Networks’ (ENISA Position Paper No 1, October 2001) http://www.enisa.europa.eu/act/it/past– work-areas/social-networks/security-issues-and-recommendations-for-online-social– networks
– Dormann, Will & Rafail, Jason. Securing Your Web Browser. http://www.cert.org/tech_tips/securing_browser/
– Lewis, Grace. Basics About Cloud Computing. http://www.sei.cmu.edu/library/abstracts/whitepapers/cloudcomputingbasics.cfm (2010).
Week ten
Electronic Signatures, Uganda’s Perspective
- PKI and digital signatures
- Legal aspects of electronic signatures
- Group presentations
Required Reading;
– The Electronic Signatures Act, Laws of Uganda
– Berman, Andrew B. “International Divergence: The ‘Keys’ To Signing on the Digital Line—The Cross-Border Recognition of Electronic Contracts and Digital Signatures” in Syracuse Journal of International Law and Commerce, (2001): 28, 125.
– Blythe, E. Stephen. “Digital Signature Law of the United Nations, European Union, United Kingdom and United States: Promotion of Growth in E-Commerce with Enhanced Security.” in Richmond Journal of Law & Technology 11/2 (2005)
Week eleven
Electronic Government System; Uganda’s Perspective
- Overview of electronic Government (e-Government) in Uganda.
- Legal aspects of electronic Government
- Group presentation
Required reading;
– Provisions of the Electronic Transactions Act, Laws of Uganda
Additional Reading;
– Final Draft National Information Technology Policy for Uganda, September 2011.
– Final Draft Information and Communications Technology Policy, September 2011
– Ciborra, C. “Interpreting eGovernment and Development Efficiency, Transparency or
Governance at a Distance?” in Information Technology and People 18/3 (2005): 269-279.
– Coleman, S. S. African e-Governance – Opportunities and Challenges. Oxford: Oxford
University Press, 2006.
– E-government: A Developing Country Perspective.” in JOAAG, 1/1 (2006): 88-90.
Week twelve
- Review Week
Teaching and Learning Methods
Students are expected to attend lectures, tutorials, and seminars.
Teaching will be given as lectures. The lectures are supplemented by a series of tutorials, debates and seminars that consist of student-led presentations and discussions. Students are expected to participate in class discussions and are encouraged to ask questions and share opinions.
Course Tutorials
The tutorials will be in form of supervised peer teaching and guided discussions. Every student is expected to actively participate in the peer teaching and the discussions. Students will randomly be divided into groups. Every topic covered will be assigned to a particular group. Each group will carry out peer teaching of the topic assigned to it in addition to the class discussions.
Forms of Examination and Assessment
Students will be assessed on the basis of individual assignments, group assignments and a written examination.
| Assessment Criteria | |
| Coursework (Individual assignments and group assignments) | 30% |
| Written Examination | 70% |
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