Advanced Technology Seminar Cyrus Daftary & Todd Krieger January 7, 2008 Legal Research, Issues & Practice Online and Beyond

Agenda Welcome The Impact of Technology on the Practice of Law Understanding the Internet Using the Electronic Book and Text Course Expectations / Policies Questions & Answers January 7, 2008

Welcome

The Impact of Technology on the Practice of Law

Understanding the Internet

Using the Electronic Book and Text

Course Expectations / Policies

Questions & Answers

I. Welcome Welcome - Adjunct Professors Daftary & Krieger - Introduction of Classmates Goals of Course - Become aware of the current legal issues with technology and the Internet - Understand the legal issues associated with creating, managing, and sustaining a dot com company - Improved understanding of technologies associated with the Internet - Have fun January 7, 2008

Welcome - Adjunct Professors Daftary & Krieger - Introduction of Classmates

Goals of Course - Become aware of the current legal issues with technology and the Internet

- Understand the legal issues associated with creating, managing, and sustaining a dot com company - Improved understanding of technologies associated with the Internet - Have fun

II. The Impact of Technology on the Practice of Law - Introduction Technology has facilitated numerous opportunities and challenges for the legal profession. January 7, 2008 Efficient information access and transmission Portability Wireless access Palm-top & PDA computing 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

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

Efficient information access and transmission

Portability

Wireless access

Palm-top & PDA computing

Instant communication

Revival of ‘forgotten’ areas of law

New ways of building communities

Novel legal challenges

Digital crimes

Digital torts

Novel jurisdictions

Heightened regulatory climate

Privacy

Patriot Act

Online restrictions

Uncharted territory

Some New Advanced Technology Legal Issues from the Past Year Worldwide ringtone revenue is measured in billions. ( http://news.yahoo.com/s/cmp/20071221/tc_cmp/205101348 / ) The $100 per student laptop project is gaining traction. http://laptop.org/ Legal concerns over web cams and other features. Presidential candidates are using youtube.com as a forum. New mobile phones will combine GPS features with advertising. January 7, 2008 $100!

Worldwide ringtone revenue is measured in billions.

( http://news.yahoo.com/s/cmp/20071221/tc_cmp/205101348 / )

The $100 per student laptop project is gaining traction. http://laptop.org/

Legal concerns over web cams and other features.

Presidential candidates are using youtube.com as a forum.

New mobile phones will combine GPS features with advertising.

Other Pending Technology Battles: Crossover challenges Virtual worlds have created new opportunities for IP infringement, piracy, and theft. Individuals can buy and sell virtual goods and services with convertible currency on Second Life. Social networking sites such as myspace and facebook also present a novel forum for legal issues. January 7, 2008

Crossover challenges

Virtual worlds have created new opportunities for IP infringement, piracy, and theft.

Individuals can buy and sell virtual goods and services with convertible currency on Second Life.

Social networking sites such as myspace and facebook also present a novel forum for legal issues.

Recognize this location? January 7, 2008 Any legal concerns with Google Earth?

Any legal concerns with Google Earth?

Imagine a scene not possible a few years ago… Client calls you on your PDA or Blackberry while you are enjoying a coffee at Starbucks. He or she e-mails a picture from his camera phone to your PDA of an infringing knockoff bought on e-Bay. With wireless access, you e-mail an offshore legal service in Mumbai for initial preparation of the complaint. You complete the complaint from your laptop and e-mail it wirelessly to your client for review. You investigate the infringer’s background on-line using Lexis-Nexis. January 7, 2008

Client calls you on your PDA or Blackberry while you are enjoying a coffee at Starbucks.

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

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

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

You investigate the infringer’s background on-line using Lexis-Nexis.

But… A hacker taps into your wireless e-mail stream; He or she warns the infringer of the pending suit; and The infringer erases implicating e-mail records and destroys physical evidence. January 7, 2008

A hacker taps into your wireless e-mail stream;

He or she warns the infringer of the pending suit; and

The infringer erases implicating e-mail records and destroys physical evidence.

Technology may still prevail… Your digital discovery request includes the infringer’s physical hard drives. Your computer forensics expert uncovers the implicating deleted e-mail. You prepare a winning case using digital animation and diagrams to win the case. Let’s start with the primary catalyst to this shift... January 7, 2008

Your digital discovery request includes the infringer’s physical hard drives.

Your computer forensics expert uncovers the implicating deleted e-mail.

You prepare a winning case using digital animation and diagrams to win the case.

Let’s start with the primary catalyst to this shift...

III. Understanding the Internet To answer this question, we need to look two things: - Examine Recent Trends - Paradigm Shift January 7, 2008

To answer this question, we need to look two things: - Examine Recent Trends - Paradigm Shift

A. Trends Over the Past 15 Years Technological - Mainframe to PC to PDA based society - Cost of change is lower now - Brand loyalty is no longer a factor – computers and hardware are commodities. - Cell phones can now be used to surf the web, send e-mail, take photos, listen to MP3s, navigate with GPS, and other functions. Social - Shift from a National View to Global View Individuals can access vast social networks Economic - Moved from Industrial based economy to an Information based economy - Moved from buying tangible goods to intangible services - Dot com boom to a dot com bomb to hybrid companies and traditional retailers making their niche. January 7, 2008

Technological - Mainframe to PC to PDA based society - Cost of change is lower now - Brand loyalty is no longer a factor – computers and hardware are commodities. - Cell phones can now be used to surf the web, send e-mail, take photos, listen to MP3s, navigate with GPS, and other functions.

Social - Shift from a National View to Global View

Individuals can access vast social networks

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

Trends Online The wild west of online culture was tamed by new laws, tighter enforcement and the absence of cash. January 7, 2008 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 COPPA ACCPA 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 TBD 2008?

The wild west of online culture was tamed by new laws, tighter enforcement and the absence of cash.

B. Paradigm Shift Recent trends have changed the way we act and do business - In the old days, an investor would only invest in a company that had solid tangible assets/balance sheets. Still, some investors were willing to invest big money on knowledge based companies like Y AHOO! , e B a y and G o o g l e before they were making consistent profits. Today’s workforce - Needs to have diverse and continually evolving skill sets - Understanding of things versus memorization - Dynamic skills versus procedure (process) January 7, 2008

Recent trends have changed the way we act and do business - In the old days, an investor would only invest in a company that had solid tangible assets/balance sheets. Still, some investors were willing to invest big money on knowledge based companies like Y AHOO! , e B a y and G o o g l e before they were making consistent profits.

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

Result of Paradigm Shift January 7, 2008 Marketing Selling Buying of products and services on the Internet E-Business An enterprise designed for success in the information age Creating 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 you do and E-Business is what you are . ”

Marketing

Selling

Buying of products and services on the Internet

E-Business

An enterprise designed for success in the information age

Creating 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

Retail E-Commerce is Still Growing Retail online shopping in the US during the 2007 holiday season grew by 19% to $28 billion. (Comscore) Online apparel sales now exceed online computer software & hardware sales. ( http://www.ecommerce-guide.com/news/trends/article.php/3715346 ) 35% of American households now pay their bills online. ( www.forrester.com ) January 7, 2008

Retail online shopping in the US during the 2007 holiday season grew by 19% to $28 billion. (Comscore)

Online apparel sales now exceed online computer software & hardware sales. ( http://www.ecommerce-guide.com/news/trends/article.php/3715346 )

35% of American households now pay their bills online. ( www.forrester.com )

January 7, 2008 Industry Impact of the Internet Logistics Manufacturing Transportation Government Services Home Services Automotive Mfg. Telecom Healthcare Entertainment Banking Travel Advertising Publishing Utilities Stock Trading Book selling Office Supplies Marketing, Selling and Customer Service Offering Structure and Delivery Entire Industry source: Gartner Group HIGH LOW Retail Every Industry is Affected

Cyberspace & the Internet A. The Origin of Cyberspace B. The Evolution of the Internet January 7, 2008

A. The Origin of Cyberspace

B. The Evolution of the Internet

A. The Term Cyberspace The term ‘cyberspace’ traces its origin back to a science fiction novel written by William Gibson entitled Neuromancer . In this book, corporations replaced governments and computer hackers waged a war against secure data. This chaos was called Cyberspace. January 7, 2008

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

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

B. The Evolution of the Internet The Internet was born about 25 years ago out of an effort to connect U.S. Defense Department networks to various radio and satellite networks. During the 1970s, many universities and non-governmental entities linked into the Defense Department net. By the late 1980s, many networks were linked together to create the Internet. To date, no one entity controls the Internet, but there are consortiums that agree on standards. January 7, 2008

The Internet was born about 25 years ago out of an effort to connect U.S. Defense Department networks to various radio and satellite networks.

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

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

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

C. Understanding How the Internet Works January 7, 2008

1. Local Area Network (LAN) January 7, 2008

2. Wide Area Network (WAN) January 7, 2008

3. The Internet Combination of privately run networks to which enterprises connect their LANs & WANs. These privately run networks span the world creating redundancy and stability. Each network(s) is connected by copper and fiber optic land lines and wireless links. Intelligent devices called “routers” route data over the many networks. January 7, 2008

Combination of privately run networks to which enterprises connect their LANs & WANs.

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

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

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

a. The Components of the Internet Bulletin Board Services (popular since the 1980s) - electronic mail, messages, software distribution Commercial On-Line Services - AOL, MSN, etc. Private Systems - Local Area Networks, Intranets meant for small groups Computer Networks - Telnet, File Transfer Protocol, collection of inter- connected computer systems that transfer information January 7, 2008

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

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

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

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

b. What are People Really Doing on the Internet E-mail Blogging Real Time Chat Discussions – Instant Messaging Socializing Games and entertainment Electronic publishing Educational and research services Commercial transactions Software and content exchange Listen to music and watch TV – File swapping January 7, 2008

E-mail

Blogging

Real Time Chat Discussions – Instant Messaging

Socializing

Games and entertainment

Electronic publishing

Educational and research services

Commercial transactions

Software and content exchange

Listen to music and watch TV – File swapping

Electronic Publishing Think of the Internet/World Wide Web as an electronic book in which text, images, sounds and video can be stored. These electronic books are capable of having footnotes and cross references in the form of links to themselves or other electronic books. The content of these books are published in HTML (Hypertext Markup Language) HTML is interpreted via web browser (Internet Explorer, Firefox, etc.) January 7, 2008

Think of the Internet/World Wide Web as an electronic book in which text, images, sounds and video can be stored. These electronic books are capable of having footnotes and cross references in the form of links to themselves or other electronic books.

The content of these books are published in HTML (Hypertext Markup Language)

HTML is interpreted via web browser (Internet Explorer, Firefox, etc.)

c. What are Lawyers Doing on the Internet? Marketing Writing and Blogging Research Billing Compiling Materials Making Practice Forms Replacing Paper Libraries with Virtual Libraries Communication January 7, 2008

Marketing

Writing and Blogging

Research

Billing

Compiling Materials

Making Practice Forms

Replacing Paper Libraries with Virtual Libraries

Communication

Challenges to the Legal Profession January 7, 2008 Who is the buyer? Who is the seller? Where is the buyer? Where is the seller? What laws apply? Can parties choose another law? Are electronic agreements enforceable? How do I protect my copyright / tradename? Am I liable for the content of others? Do consumers have special protection? When must I pay VAT? When must I pay income tax? Will the US give me a foreign tax credit?

Who is the buyer?

Who is the seller?

Where is the buyer?

Where is the seller?

What laws apply?

Can parties choose another law?

Are electronic agreements enforceable?

How do I protect my copyright / tradename?

Am I liable for the content of others?

Do consumers have special protection?

When must I pay VAT?

When must I pay income tax?

Will the US give me a foreign tax credit?

E-mail Think of e-mail the same way you do writing a letter. Imagine yourself addressing a message and placing it into a US Postal box or fax machine. Once the post office has it, it gets sorted and forwarded to another place. Note - e-mail is a form of electronic publishing. Hundreds of millions of e-mail messages traverse cyberspace each day (many of them are spam!). E-mail messages are faster and cheaper than mailing letters/sending faxes. January 7, 2008 E-mail is Analogous to…

Think of e-mail the same way you do writing a letter. Imagine yourself addressing a message and placing it into a US Postal box or fax machine.

Once the post office has it, it gets sorted and forwarded to another place.

Note - e-mail is a form of electronic publishing.

Hundreds of millions of e-mail messages traverse cyberspace each day (many of them are spam!).

E-mail messages are faster and cheaper than mailing letters/sending faxes.

E-mail Tips Never commit anything to e-mail that you would not want to be public knowledge. Be sure e-mail notes are politically correct. (Do not send abusive, harassing, threatening or bigoted messages) Avoid sarcasm January 7, 2008

Never commit anything to e-mail that you would not want to be public knowledge.

Be sure e-mail notes are politically correct. (Do not send abusive, harassing, threatening or bigoted messages)

Avoid sarcasm

IV. Using the E-Book and Accompanying Text Materials on the web - you can access via the Suffolk Web Site @ www.mycyberlawclass.com “ E-Business Legal Handbook” (3 rd Edition) by Rustad & Daftary. Pay attention to instructions on the website regarding the reading assignments – many assignments are not as long as they seem! January 7, 2008

Materials on the web - you can access via the Suffolk Web Site @ www.mycyberlawclass.com

“ E-Business Legal Handbook” (3 rd Edition) by Rustad & Daftary.

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

V. Course Expectations Grading Policy Reading Assignments Class Schedule Class Interaction January 7, 2008

Grading Policy

Reading Assignments

Class Schedule

Class Interaction

Final Project & Paper Project and papers are based on scenarios on the course web site. Final project: ½ hour presentation related to legal scenario with group of 2-3 Group creates business plan related to scenario and associated web site. 2 students take opposing sides to discuss legal presentation 1 student takes role of CEO and presents the business plan and web site Final paper: 10+ pages based on scenarios Answer questions in the hypo Well researched with cites Focus is on analysis January 7, 2008

Project and papers are based on scenarios on the course web site.

Final project:

½ hour presentation related to legal scenario with group of 2-3

Group creates business plan related to scenario and associated web site.

2 students take opposing sides to discuss legal presentation

1 student takes role of CEO and presents the business plan and web site

Final paper:

10+ pages based on scenarios

Answer questions in the hypo

Well researched with cites

Focus is on analysis

VI. Questions & Answers January 7, 2008