Law of Computer Technology

CMU 11-762 Course: Law of Computer Technology

Overview

This course is both a survey of computer law and an examination of how courts and administrative agencies make decisions on issues involving computer technology. The material is divided into these six primary subjects: legal process, evidence, eBusiness law, personal intrusions, intellectual property, government regulation.

This course is taught by Prof. Michael Shamos, ​​Ph.D., J.D.. He is a Distinguished Career Professor in the School of Computer Science and an intellectual property attorney admitted to the Pennsylvania Bar and the Bar of the United States Patent and Trademark Office. He has previously taught courses in Intellectual Capital, eCommerce Legal Environment and Internet Law and Regulation for the Tepper School of Business, as well as courses in the Computer Science, Mathematics and Statistics Departments. He was Director of the MSIT in eBusiness Technology in the Institute for Software Research at Carnegie Mellon from 2004-2008. He is now Director of the M.S. in Artificial Intelligence and Innovation. Dr. Shamos is a frequent expert witness in computer copyright, patent and electronic voting cases. — Course Webstite

In this post, I would include a summary of my key learnings from each one of the six topics or primary subjects.

Topic 1: Legal Process

Courts, Regulatory Law, Interpreting Statutes, Jurisdiction, Internet Jurisdiction

I learned about various aspects of the legal process in relation to computer technology. One important topic covered was the role of courts and regulatory laws in addressing legal issues pertaining to technology. We also explored the challenges of interpreting statutes, including the principle of Ejusdem generis, which involves interpreting words in a statute based on the context of similar terms. While interpretation follows established rules, there are instances where these rules can lead to technologically incorrect outcomes. Additionally, it became evident that words in legal contexts may not always convey their apparent meanings. Another crucial area of study was understanding jurisdiction in the context of the internet. We examined jurisdictional cases and factors such as the parties involved, their locations of operation, and their bases of operation, which play a vital role in determining the appropriate jurisdiction for resolving legal disputes related to the internet.

Topic 2: Evidence

Computer Evidence, Scientific Evidence

I gained an understanding of the importance of evidence in legal proceedings related to computer technology. We explored different types of evidence, including real/tangible evidence, testimonial evidence, documentary evidence, and demonstrative evidence. Real/tangible evidence refers to physical objects involved in the underlying event, such as weapons, blood samples, fingerprints, or other samples. Testimonial evidence is the most common form of evidence, which consists of statements made by witnesses under oath, relying on their interpretation of sensory data and memory. Documentary evidence involves documents that can prove or disprove a fact, such as contracts or birth certificates. Demonstrative evidence, on the other hand, is used to illustrate a material proposition, such as maps, charts, crime scene photos, summaries, or computer simulations. We also learned about the concept of admissibility, where the judge determines whether the evidence is acceptable for consideration in court. Lastly, we studied scientific evidence, which plays a significant role in cases involving computer technology, analyzing its reliability and the criteria for its admissibility in court.

Topic 3: e-Business Law

Software Licenses, Electronic Transactions

I learned that a license grants permission to engage in an activity that would otherwise be illegal. For example, a movie ticket serves as a license to enter the theater. It became clear that when it comes to software, one does not own a copy but rather receives a license with specific terms and conditions. License agreements serve various purposes, including defining the scope of the license, disclaiming warranties, limiting damages, and prohibiting reverse engineering. We also examined the concept of contracts of adhesion, which are often encountered in the context of shrinkwrap, clickwrap, and browsewrap agreements. Electronic transactions and the legal framework surrounding them were explored, including the Uniform Commercial Code, the Statute of Frauds, and concepts like offer and acceptance and unilateral mistake. We also discussed the distinction between digital signatures and electronic signatures, with digital signatures being a hash of a message encrypted with the signer's private key, while an electronic signature, although it can be digital, is not necessarily a digital signature. Additionally, we studied the legal framework provided by the Uniform Electronic Transactions Act (UETA) for automated transactions.

Topic 4: Personal Intrusions

Data Privacy, Defamation, Free Speech and Section 230

I explored the topic of personal intrusions and the legal protections surrounding them. One crucial aspect we studied was data privacy and the need for protection against intrusions into one's personal space. We discussed how the Fourth Amendment provides protection from government intrusion and the importance of safeguarding privacy from telemarketers. We also learned about the importance of transparency in web data collection, where organizations are required to inform individuals about the data being collected and how it will be used. Furthermore, we discussed the legal protections against data disclosures and leaks. We explored the First Amendment's protection of freedom of speech and the role of Congress in limiting it. We discussed the distinctions between protected and unprotected speech, including the concept of clear and present danger and speech that incites imminent lawless action. Examples such as falsely yelling "FIRE" in a crowded theater and hate speech were discussed in relation to fighting words and hate crimes.

Topic 5: Intellectual Property

Trade Secrets, Confidentiality Agreements, Domain Names, Copyright, Copyright Fair Use, Copyright in Computer Programs, Digital Millennium Copyright Act (DMCA), Patents, Software Patents, Anatomy of Patent Cases: Mirror Worlds v. Apple, Apple v. Samsung

We extensively studied intellectual property and its relevance in the digital era. One key aspect we explored was trade secrets, including the importance of confidentiality agreements to protect valuable business information. We also delved into the world of domain names, understanding their significance and the legal aspects surrounding their registration and use. Copyright law was another significant topic covered, with a focus on fair use and its application in the digital world. We specifically examined copyright in computer programs, considering the unique challenges and considerations involved. The Digital Millennium Copyright Act (DMCA) and its implications for digital content protection were thoroughly analyzed. Moving on to patents, we studied their role in protecting inventions, including software patents. We explored notable patent cases, such as Mirror Worlds v. Apple and Apple v. Samsung, to understand the complexities of patent disputes and the impact they can have on the technology industry.

Topic 6: Government Regulation

AI and Robotics Law, Internet Taxation, Technological Antitrust, Net Neutrality and Government Regulation of The Internet, Startups and Venture Capital, Computer Crime

We explored the realm of government regulation and its impact on various aspects of computer technology. One crucial area of study was AI and robotics law, examining the legal and ethical implications surrounding the development and use of artificial intelligence and robotics. We also delved into the complex issue of internet taxation, exploring the challenges and debates surrounding the taxation of online transactions. Technological antitrust was another important topic covered, discussing how the government regulates monopolies and anti-competitive practices in the technology industry. The concept of net neutrality and the government's role in regulating the internet to ensure equal access and non-discriminatory practices were thoroughly examined. We also studied the legal aspects of startups and venture capital, including the legal considerations involved in starting and funding technology-based companies. For computer crime, I got to understand the laws and regulations in place to combat cybercrime and protect against unauthorized access, data breaches, and other digital offenses.

Reflection

This class provided me with a lot of valuable insights into the intersection of law and artificial intelligence (AI). From understanding government regulations to intellectual property and privacy concerns, I gained a comprehensive understanding of legal aspects relevant to AI. This knowledge is crucial in navigating the ethical and legal challenges surrounding AI development, implementation, and usage. It equips me to address issues such as data privacy, algorithmic bias, liability, and intellectual property rights, ensuring responsible and compliant AI deployment in the ever-evolving technological landscape.