Instructor(s): Jonathan Daniels, Peter Ruby

For graduate students, the course number is LAW7011HF.

Note: This course is offered in alternate years.

As the telecommunications and Internet fields continue to pass through a period of profound technological and economic change, this seminar will explore the key constitutional, administrative law, regulatory, policy, business and technological aspects of their environment. The course will provide both broad context and focus on issues of current interest in the industry. Topics addressed in the seminar include: To what extent and is a sector specific regulator, such as the CRTC, required to regulate the telecommunications industry? How should new technologies be regulated? How do the CRTC and Competition Bureau interact given that both have jurisdiction over telecommunications? What role should the Government play in setting policy directions and/or overturning specific CRTC decisions? Can a hyperlink be defamatory? What are the particular jurisdictional issues raised by internet “sharing economy” applications and to what extent might the corporate structure of the businesses that run the applications stand in the way of efforts to regulate them? More generally, how do we determine who has jurisdiction over the Internet? What are the implications of Canada’s Anti-Spam legislation? We will also talk about how copyright affects the internet, and vice-versa, including looking at the special internet-specific features of the Copyright Act (e.g., notice and notice and information location), think about some special problems that the internet has caused in copyright law (including the near-mystical Tariff 22) and, time permitting, think about how the internet has spawned a brand new business line: the copyright class action.

Evaluation
A research paper approximately 5000-6250 words (20 to 25 pages) [70%] on a topic agreed on after consultation with the instructors. Two mid-term 250 word (1 page) question and answer assignments [10% each]. Class participation [10%].

At a Glance

First Term
Credits
3
Hours
2

Enrolment

Maximum
25

20 JD
5 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 8:30 - 10:20