S. Law in the Age of Digital Platforms

Overview


This 2 credit seminar provides an overview of contemporary law in the context of current trends in digital technology. It differs from other offerings by adding a sense of how platforms are designed and function from the perspective of architecture and algorithms as well as user generated content and social impact. The first few classes give an overview of how contemporary digital platforms emerged in this Century and the basic technical concepts, so the class is appropriate for people with and without a tech background. Particular attention is given to how social media and personal data are changing traditional concepts of privacy, ownership and social discourse; with profound impact upon the law, business decisions, democratic norms and civil rights. Through critical analysis of the assigned material, presentations and discussion, seminar members will develop a sense of the inner workings of technology platforms in the context of relevant legal and business issues. Seminar students will explore specific legal parameters used in social media, such as sharing personal information, agreeing to software updates, participating in comments, groups and communities as well as how lawyers and business people balance between private profit and public interest. Finally, the seminar will explore how things can be improved to ensure technology continues to develop and thrive without compromising society in the pursuit of profits. The seminar will have a unique perspective based on the instructor’s pioneering experience designing and building landmark websites, applications and digital content such as online games, animation and communities over the past quarter century since founding one of the first digital design companies in New York a few years after graduating Columbia Law School.


By the end of the semester, each student can expect to (1) have a greater understanding of how digital technology and platforms they use on a day to day basis operate in a legal and social context, (2) learn more about how current technology is designed in terms of software, data and user experiences and (3) develop the skill set required to advise clients in the field.


Requirements


Class Attendance, Participation and Weekly Question and Comment Submission:

You are expected to read the assigned materials carefully prior to each meeting, and to actively participate in seminar discussion on the issues raised in the assigned texts. Student contributions to seminar discussion should demonstrate an understanding of the assigned material as well as the ability to reflect critically on the ideas presented in the material, and to respond in a thoughtful and respectful manner to the ideas and arguments of other seminar participants. To that end, before each seminar session, beginning the third week of the semester, one student will present an argument based on the week’s topic (or two students who take opposite sides of the issue, if possible based on the size of the number of seminar participants.) Seminar attendance, participation and the presentation will form the basis for 40% of your final seminar grade.


Final Investigative Report on Contemporary Technology issues from a legal perspective:

Seminar members will be required to complete a final investigative report between 10 and 15 pages in length (not including bibliography). The final investigative report should identify a contemporary problem related to digital technology and the law, outline a strategy for confronting this problem, include a discussion of the relevant case law or applicable statutes, observe any deficiencies with current case law or statutes, present a discussion about the remedial framework that could help resolve the problem, and note the ways in which your approach offers a novel but viable solution to the issue at hand. The reports will challenge you to place yourselves in the shoes of either a corporate lawyer or business person advising a technology company or a lawyer advocating or protecting the rights of individuals. Your report must draw a connection to one or two of the core topics covered during the course of the semester. You will be required to submit a two or three page synopsis of your topic for instructor approval on or before the fifth seminar meeting. The final investigative report will be due no later than the end of the term. The investigative report will constitute 60% of a student’s seminar grade.