Lecturer(s)
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Bureš Pavel, JUDr. Ph.D.
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Gábriš Tomáš, prof. JUDr. Ph.D., LL.M.
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Kerikmäe Tanel, prof. Ing. Ph.D., LL.M.
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Course content
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- Cyber law, information technology law, computer law, lex informatica - concept and scope; sources of law - technological norms, technological normative acts, technological internal instructions; online platforms as new regulators, contractual terms. - Subjects of law - natural persons (humans, animals, nature) and artificial persons (legal persons, technological subjects - artificial intelligence as a legal subject); virtual identity, authentication, verification, security. - Objects (objects) of law - virtual property, virtual objects, property in cyberspace, intellectual property; issues of ubiquity and jurisdiction; spatial and temporal legal aspects of cyberspace. - Electronic legal transactions, electronic contracting, remote transactions, new contracts, smart contracts, importance of consent in the digital environment. - Liability - copyright infringement, ISPs and their liability, social media platforms and content moderation. - Electronic process: sanctions - digital sanctions; online dispute resolution mechanisms; digital evidence
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The compulsory course Legal Theory of IT 1, taught in English, places digital technologies in the context of legal theory, which is a generalization of the challenges posed by modern technologies to the law. The main areas of focus in relation to the theoretical problems of law in cyberspace are: 1. Cyber law, information technology law, computer law, lex informatica - concept and scope; sources of law - technological norms, technological normative acts, technological internal instructions; online platforms as new regulators, contractual terms. 2. Subjects of law - natural persons (humans, animals, nature) and artificial persons (legal persons, technological subjects - artificial intelligence as a legal subject); virtual identity, authentication, verification, security. 3. Objects (objects) of law - virtual property, virtual objects, property in cyberspace, intellectual property; issues of ubiquity and jurisdiction; spatial and temporal legal aspects of cyberspace. 4. Electronic legal transactions, electronic contracting, remote transactions, new contracts, smart contracts, importance of consent in the digital environment. 5. Liability - copyright infringement, ISPs and their liability, social media platforms and content moderation. 6. Electronic process: sanctions - digital sanctions; online dispute resolution mechanisms; digital evidence. By completing this course, students will gain knowledge of general issues in legal theory that are facing re-evaluation in light of developments in modern technology. By completing the course, students should gain a basic understanding of the changes that law and legal theory have undergone in recent decades. This course is thus intended to establish a broad foundation for the completion of selected modules in the field of study. In the course of the course, students work with a selection of theoretical articles, learning to search them for relevant information in relation to specific digital innovations and their relevance to legal theory.
By completing the course, students will gain knowledge of general issues in legal theory that are facing re-evaluation in light of developments in modern technology. By completing the course, students should gain a basic understanding of the changes that law and legal theory have undergone in recent decades. This course is thus intended to establish a broad foundation for the completion of selected modules in the field of study. In the course of the course, students work with a selection of theoretical articles, learning to search them for relevant information in relation to specific digital innovations and their relevance to legal theory.
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Prerequisites
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Completion of this course is not conditional on completion of other courses
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Assessment methods and criteria
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Student performance
A full-time student is required to attend 80% of the course lectures. A combined form student is required to attend at least 30% of the lectures and one tutorial with the lecturer.
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Recommended literature
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BELLIA, L. P., BERMAN, S. B.; FRISCHMANN, M. B., POST, D. G. (2018). Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (American Casebook Series) (5th edition).. West Academic Publishing.
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BLANCO DE MORAIS, C., FERREIRA MENDES, G., VESTING, T. (2022). The Rule of Law in Cyberspace.. Springer.
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GRABOWSKI, M., ROBINSON, P., E. (2021). Cyber Law and Ethics: Regulation of the Connected World. Routledge.
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MURRAY, A. (2016). Information Technology Law. Oxford University Press.
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REED, C., MURRAY, A. (2018). Rethinking the Jurisprudence of Cyberspace. Edward Elgar Publishing.
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VESTING, T. (2018). Legal Theory and the Media of Law. Edward Elgar Publishing.
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WATT, E. (2021). State Sponsored Cyber Surveillance: The Right to Privacy of Communications and International Law.. Edward Elgar Publishing.
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WILSON, A. (2014). Jurisprudence of Cyber Law. Koros Press Ltd.
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