Cyberspace and Cyberspace and Technology SeminarTechnology Seminar

Cyrus Daftary & Todd KriegerCyrus Daftary & Todd Krieger

January 28, 2013January 28, 2013

Legal Research, Issues& Practice Online and Beyond

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AgendaAgenda

WelcomeWelcome

The Impact of Technology on the Practice of LawThe Impact of Technology on the Practice of Law

Understanding the InternetUnderstanding the Internet

Using the Electronic Book and TextUsing the Electronic Book and Text

Course Expectations / PoliciesCourse Expectations / Policies

Questions & AnswersQuestions & Answers

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I. WelcomeI. Welcome

WelcomeWelcome- Adjunct Professors Daftary & Krieger- Adjunct Professors Daftary & Krieger- Introduction of Classmates- Introduction of Classmates

Goals of Course Goals of Course - Become aware of current legal issues with- Become aware of current legal issues with technology and the Internet technology and the Internet- Understand legal issues associated with- Understand legal issues associated with creating, managing, and sustaining a dot com creating, managing, and sustaining a dot com company company- Improve understanding of technologies - Improve understanding of technologies associated with the Internet associated with the Internet- Have fun- Have fun

We Plan on Covering Many We Plan on Covering Many Relevant TopicsRelevant Topics

Week 2: 02/04/13, Copyright and Technology: Introduction to Intellectual Property, Week 2: 02/04/13, Copyright and Technology: Introduction to Intellectual Property, Copyright Law, DMCA, and other Digital Rights.Copyright Law, DMCA, and other Digital Rights.

Week 3: 02/11/13, Technology Patents, Trademarks, Domain Names and Meta Tags. Week 3: 02/11/13, Technology Patents, Trademarks, Domain Names and Meta Tags.

Week 4: 02/19/13, Employee and Individual Privacy Issues Emerging from New Week 4: 02/19/13, Employee and Individual Privacy Issues Emerging from New Technology, Spyware, Social Networking. Technology, Spyware, Social Networking.

Week 5: 02/25/12, Access to Technology: Americans with Disabilities Act, Week 5: 02/25/12, Access to Technology: Americans with Disabilities Act, Computerized Voting, Open Source licenses, Distributed and Cloud Computing, and Computerized Voting, Open Source licenses, Distributed and Cloud Computing, and Technology TyingTechnology Tying

Week 6: 03/04/13, Doing Business Online - E Commerce.Week 6: 03/04/13, Doing Business Online - E Commerce.

Week 7: 03/18/13, Advertising, Jurisdiction & International.Week 7: 03/18/13, Advertising, Jurisdiction & International.

Week 8: 03/25/13, First Amendment, Blogging, Digital Discovery and Amended Week 8: 03/25/13, First Amendment, Blogging, Digital Discovery and Amended Federal Rules, Data Retention, Digital Security, Encryption. Federal Rules, Data Retention, Digital Security, Encryption.

Week 9: 04/01/13, Tax DiscussionWeek 9: 04/01/13, Tax Discussion

Week 10: 04/08/13, Creating Technology / Online Companies Week 10: 04/08/13, Creating Technology / Online Companies

Week 11: 04/22/13, Student Presentations Week 11: 04/22/13, Student Presentations

Week 12: 04/29/13, Student Presentations Week 12: 04/29/13, Student Presentations

Week 13: 05/01/13, Student Presentations Week 13: 05/01/13, Student Presentations

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II. The Impact of Technology on II. The Impact of Technology on the Practice of Law - Introductionthe Practice of Law - Introduction

Technology has facilitated numerous opportunities and Technology has facilitated numerous opportunities and challenges for the legal profession.challenges for the legal profession.

• Efficient information access and transmission• Portability

•Wireless access•Mobile phones and tablets can substitute for laptops

•Instant communication• Revival of ‘forgotten’ areas of law• New ways of building communities• Novel legal challenges

Opportunities

• Digital crimes• Digital torts• Novel jurisdictions• Heightened regulatory climate

• Privacy• Patriot Act• Online restrictions

• Uncharted territory

Challenges

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Recognize this Location?Recognize this Location?

•Any legal concerns with Google Earth?

Can you fit all of this in your pocket?

Calculator

Watch

Calendar

Alarm clock

Notepad

Flashlight

Music player

Camera

Voice recorder

Photo album

GPS

Video game console

Book

Laptop

The latest iPhone is more powerful than the most powerful Mac Powerbook from 2005.

Law Practice mgt.

Time tracking

Docketing

Invoicing

Payroll

Accounting

Documents mgt.

Matter mgt.

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Imagine a Scene not Possible a Imagine a Scene not Possible a Few Years Ago…Few Years Ago…

Client calls your iPhone while you are enjoying a coffee Client calls your iPhone while you are enjoying a coffee at Starbucks.at Starbucks.

He e-mails a picture from his camera phone to your He e-mails a picture from his camera phone to your iPhone of an infringing knockoff bought on e-Bay.iPhone of an infringing knockoff bought on e-Bay.

With wireless access on your iPad, you e-mail an With wireless access on your iPad, you e-mail an offshore legal service in Mumbai for initial preparation of offshore legal service in Mumbai for initial preparation of the complaint.the complaint.

You complete the complaint from your laptop and e-mail You complete the complaint from your laptop and e-mail it wirelessly to your client for review.it wirelessly to your client for review.

You investigate the infringerYou investigate the infringer’’s background on-line using s background on-line using LexisNexisLexisNexis®®..

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But…But…

A hacker taps into your wireless e-mail stream;A hacker taps into your wireless e-mail stream;

He warns the infringer of the pending suit; andHe warns the infringer of the pending suit; and

The infringer erases implicating e-mail records and The infringer erases implicating e-mail records and

destroys physical evidence.destroys physical evidence.

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Technology May Still Prevail…Technology May Still Prevail…

Your digital discovery request Your digital discovery request includes the infringerincludes the infringer’’s s physical hard drives.physical hard drives.Your computer forensics Your computer forensics expert uncovers the expert uncovers the implicating deleted e-mail.implicating deleted e-mail.You prepare a winning case You prepare a winning case using digital animation and using digital animation and diagrams to win the case.diagrams to win the case.LetLet’’s start with the primary s start with the primary catalyst to this shift...catalyst to this shift...

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III. Understanding the InternetIII. Understanding the Internet

To answer this question, we need to look two things:To answer this question, we need to look two things:

- Examine Recent Trends- Examine Recent Trends

- Paradigm Shift- Paradigm Shift

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A. Trends Over the Past 15 YearsA. Trends Over the Past 15 YearsTechnologicalTechnological- Mainframe to PC to PDA to smartphone and tablet based society- Mainframe to PC to PDA to smartphone and tablet based society- Cost of change is lower now- Cost of change is lower now- Brand loyalty is no longer a factor – computers and - Brand loyalty is no longer a factor – computers and hardware are commodities hardware are commodities- Mobile phones and tablets can now be used to surf the web, send e-mail, take- Mobile phones and tablets can now be used to surf the web, send e-mail, take photos, listen to MP3s, navigate with GPS, and other functions photos, listen to MP3s, navigate with GPS, and other functions

SocialSocial– Shift from a National View to Global ViewShift from a National View to Global View

– Individuals can access vast social networks Individuals can access vast social networks - Online services allow voice and video conferences across the globe- Online services allow voice and video conferences across the globe

EconomicEconomic- Move from Industrial based economy to an - Move from Industrial based economy to an Information based economy Information based economy- Move from buying tangible goods to intangible - Move from buying tangible goods to intangible services services- Dot com boom to a dot com bomb to hybrid companies and- Dot com boom to a dot com bomb to hybrid companies and traditional retailers making their niche. traditional retailers making their niche.

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Online Timeline Part 1Online Timeline Part 1The Wild West of online culture was tamed by new The Wild West of online culture was tamed by new laws, tighter enforcement, and the absence of cash.laws, tighter enforcement, and the absence of cash.

Free for all / Wild West

Dot Com explosion/ protecting their turf

Consumer/ Corporate legal protection

Dot Bomb/ globalization

Aggressive enforcement

Fight for the crumbs

Old wine in new bottles

COPPAACCPA

Active online policing

Yahoo! France battle

<1997 ~1997-98 1999 2000 2001 2002

Privacy Security Brick and Mortar take over the net

2003 2004 2005

Sharing and Building Personal Spaces

2006

Convergence of portability,

entertainment and communications

2007

Social and BusinessNetworking

2008

Online Timeline Part 2

Open Platforms and

ArchitectureTransparency

2009 2010

What is next & how do we prepare as

lawyers?

Technology / Social Media Fuel the

Revolution

2011

IPOs and Reality

2012

Top 2012 Tech IPOsTop 2012 Tech IPOs

Facebook: $6.8 billion

Workday: $637 million

Splunk: $212 million

Palo Alto Networks: $196 million

Service Now: $162 million

ExactTarget: $161 million

Lifelock: $139 million

Millennial Media: $119 million

Guidewire Software: $115 million

Bazaarvoice: $108 million

http://vator.tv/news/2013-01-02-2012-ipos-see-most-money-raised-since-2000

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B. Paradigm ShiftB. Paradigm Shift

Recent trends have changed the way we act and Recent trends have changed the way we act and do businessdo business- In the old days, an investor would only invest in a company - In the old days, an investor would only invest in a company having solid tangible assets/balance sheets. Still some investors having solid tangible assets/balance sheets. Still some investors were willing to invest big money on knowledge based companies were willing to invest big money on knowledge based companies like like YYAHOO!AHOO!, , eeBBaayy, and , and GGoooogglle e before they were making before they were making consistent profitsconsistent profits

TodayToday’’s workforce s workforce - Needs to have diverse and continually evolving skill sets- Needs to have diverse and continually evolving skill sets- Understanding of things versus memorization- Understanding of things versus memorization- Dynamic skills versus procedure (process)- Dynamic skills versus procedure (process)

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Result of Paradigm ShiftResult of Paradigm Shift

• Marketing• Selling• Buying of

products and services on the Internet

E-Business• An enterprise designed for success

in the information age• New sources of shareholder value

– Building customer loyalty– Optimizing business process– Creating new products and services– Managing risk and compliance– Reaching new markets– Enhancing human capital– Harnessing technology– Achieving market leadership

E-Commerce

““E-Commerce is what youE-Commerce is what you dodo and E- and E-Business is what you Business is what you areare..””

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Industry Impact of the InternetIndustry Impact of the Internet

LogisticsManufacturing

Transportation

GovernmentServices

Home Services

Automotive Mfg.

Telecom Healthcare

Entertainment

Banking

Travel

Advertising

Publishing

Utilities

Stock Trading

Book Selling

Office Supplies

Marketing, Sellingand Customer Service

Offering Structure and Delivery Entire Industry

source: Gartner Group

HIGH

LOW

Retail

Every Industry is Affected

Every Industry is Affected

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Cyberspace & the InternetCyberspace & the Internet

A. The Origin of CyberspaceA. The Origin of Cyberspace

B. The Evolution of the InternetB. The Evolution of the Internet

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A. The Term CyberspaceA. The Term Cyberspace

The term The term ‘‘cyberspacecyberspace’’ traces its origin back to a traces its origin back to a science fiction novel written by William Gibson entitled science fiction novel written by William Gibson entitled NeuromancerNeuromancer..

In this book corporations replaced governments, and In this book corporations replaced governments, and computer hackers waged a war against secure data. computer hackers waged a war against secure data. This chaos was called Cyberspace.This chaos was called Cyberspace.

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B. The Evolution of the InternetB. The Evolution of the InternetThe Internet was born over 30 years ago as a result of an The Internet was born over 30 years ago as a result of an effort to connect U.S. Defense Department networks to effort to connect U.S. Defense Department networks to various radio and satellite networks.various radio and satellite networks.

During the 1970s, many universities and non-governmental During the 1970s, many universities and non-governmental entities linked into the Defense Department net.entities linked into the Defense Department net.

By the late 1980s, many networks were linked redundant to By the late 1980s, many networks were linked redundant to create the Internet.create the Internet.

To date no one entity controls the Internet, but there are To date no one entity controls the Internet, but there are consortiums agreeing on standards.consortiums agreeing on standards.

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C. Understanding How the C. Understanding How the Internet WorksInternet Works

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1. Local Area Network (LAN)1. Local Area Network (LAN)

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2. Wide Area Network (WAN)2. Wide Area Network (WAN)

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3. The Internet3. The InternetCombination of privately run networks to which Combination of privately run networks to which enterprises connect their LANs & WANs.enterprises connect their LANs & WANs.

These privately run networks span the world creating These privately run networks span the world creating redundancy and stability.redundancy and stability.

Each network(s) is connected by copper and fiber Each network(s) is connected by copper and fiber optic land lines and wireless links.optic land lines and wireless links.

Intelligent devices called Intelligent devices called ““routersrouters”” route data over route data over the many networks.the many networks.

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a. The Components of the a. The Components of the InternetInternet

Bulletin Board ServicesBulletin Board Services (popular since the 1980s)(popular since the 1980s)- electronic mail, messages, software distribution- electronic mail, messages, software distribution

Commercial On-Line ServicesCommercial On-Line Services- AOL, MSN, etc.- AOL, MSN, etc.

Private SystemsPrivate Systems - Local Area Networks, Intranets meant for small groups- Local Area Networks, Intranets meant for small groups

Computer NetworksComputer Networks - Telnet, File Transfer Protocol, collection of inter-- Telnet, File Transfer Protocol, collection of inter- connected computer systems that transfer information connected computer systems that transfer information

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b. What People Really b. What People Really Do on the InternetDo on the Internet

E-mailE-mailBloggingBloggingInstant MessagingInstant MessagingSocializingSocializingGames and entertainmentGames and entertainmentElectronic publishingElectronic publishingEducational and research servicesEducational and research servicesCommercial transactionsCommercial transactionsSoftware and content exchange and file sharingSoftware and content exchange and file sharingListen to music and watch TV.Listen to music and watch TV.

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c. c. What are Lawyers Doing on What are Lawyers Doing on the Internet?the Internet?

MarketingMarketingWriting and BloggingWriting and BloggingResearchResearchBillingBillingCompiling MaterialsCompiling MaterialsMaking Practice FormsMaking Practice FormsReplacing Paper Libraries with Virtual LibrariesReplacing Paper Libraries with Virtual LibrariesCommunicationCommunicationLooking for the Looking for the ‘‘Smoking Gun.Smoking Gun.’’

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d. Challenges the Internet d. Challenges the Internet Creates for the Legal ProfessionCreates for the Legal Profession

Who is the buyer?Who is the buyer? Who is the seller?Who is the seller? Where is the buyer?Where is the buyer? Where is the seller?Where is the seller? What laws apply?What laws apply? Can parties choose another law?Can parties choose another law? Are electronic agreements enforceable?Are electronic agreements enforceable? How do I protect my copyright / tradename?How do I protect my copyright / tradename? Am I liable for the content of others?Am I liable for the content of others? Do consumers have special protection?Do consumers have special protection? When must I pay VAT?When must I pay VAT? When must I pay income tax?When must I pay income tax? Will the U.S. give me a foreign tax credit?Will the U.S. give me a foreign tax credit?

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IV. Using the E-Book and IV. Using the E-Book and Accompanying TextAccompanying Text

Materials on the webMaterials on the web- Access via the Suffolk Web Site @- Access via the Suffolk Web Site @www.mycyberlawclass.com

““E-Business Legal HandbookE-Business Legal Handbook”” (3 (3rdrd Edition) Edition) by Rustad & Daftary. Optional reading available at the by Rustad & Daftary. Optional reading available at the library.library.

Pay attention to instructions on the website regarding the Pay attention to instructions on the website regarding the reading assignments. Many assignments are not as reading assignments. Many assignments are not as long as they seem!long as they seem!

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V. Course ExpectationsV. Course Expectations

Grading PolicyGrading Policy

Reading AssignmentsReading Assignments

Class ScheduleClass Schedule

Class InteractionClass Interaction

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Final Project & PaperFinal Project & PaperProject and papers are based on scenarios on the course Project and papers are based on scenarios on the course web site.web site.Final project:Final project:– ½ hour presentation related to legal scenario with group of 2-3½ hour presentation related to legal scenario with group of 2-3– Group creates business plan related to scenario and associated web Group creates business plan related to scenario and associated web

site.site.2 students take opposing sides to discuss legal presentation2 students take opposing sides to discuss legal presentation1 student takes role of CEO and presents the business plan and web 1 student takes role of CEO and presents the business plan and web sitesite

Final paper:Final paper:– 10+ pages based on scenarios 10+ pages based on scenarios

Answer questions in the hypoAnswer questions in the hypoWell researched with citesWell researched with citesFocus is on analysisFocus is on analysisIndividually written (no group papers)Individually written (no group papers)

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VI. Questions & AnswersVI. Questions & Answers