UNSW Handbook Course - Electronic Commerce Law

Electronic Commerce Law - LAWS8044


	Faculty: Faculty of Law
	School: Faculty of Law
	Course Outline: See below
	Campus: Kensington Campus
	Career: Postgraduate
	Units of Credit: 6
	EFTSL: 0.12500 (more info)
	Indicative Contact Hours per Week: 2
	Enrolment Requirements:
	Academic Program must be either 9200, 9210, 5740, 9230, 9231 or 5231
	Excluded: JURD7344, LEGT5421
	CSS Contribution Charge:Band 3 (more info)
	Tuition Fee:See Tuition Fee Schedule
	Further Information: See Class Timetable

Description

This course examines how and to what extent law (and other sources of regulation) controls the mechanisms which facilitate electronic commerce. The course considers the regulation of electronic commerce from the point of view of a relatively broad range of legal topic areas, from concepts of private international law in the assumption of jurisdiction over online transactions, to the regulatory and contractual framework for electronic commerce, to issues such as domain name regulation, online consumer protection, payment systems, e-security and cybercrime. Throughout the course, various themes recur, such as: the role of technology in facilitating electronic transactions and shaping appropriate laws; self-regulatory and co-regulatory models; the emergence of international standards; and problems of jurisdiction and regulatory ‘arbitrage’.

LLM Specialisations

Corporate and Commercial Law
Corporate, Commercial and Taxation Law
Media and Technology Law

Recommended Prior Knowledge

None

Course Objectives

To examine the role of technology in facilitating electronic transactions and shaping appropriate laws
To consider the value of self-regulatory and co-regulatory models in regulating electronic commerce
To examine the emergence of international standards in ecommerce law
To consider problems of jurisdiction and regulatory "arbitrage" in electronic commerce law

Main Topics

Electronic Commerce regulatory structure and sources of law
Electronic Commerce Jurisdiction 1 - The Hague Convention and other International agreements
Electronic Commerce Jurisdiction 2 - Case law
Online contract formation 1 - the Electronic Transactions Act
Online contract formation 2 - common law and international instruments
Electronic authentication of individuals, organisations and objects (and their attributes)
International case study - Ecommerce legal infrastructure in ASEAN
Online dispute resolution
Online business conduct - Codes of conduct and regulations
Cyber-crime
Online payment systems and transactions
Security and the determination of liability for unauthorised access and transactions

Assessment

Class participation		10%
Briefing note	2,500 words	20%
Research essay	5,000 words	70%

Course Texts

Prescribed
None

Recommended
Recommended textbooks and resources:
•Akindemowo, O, Information Technology Law in Australia (LBC, 2001 (2nd ed))
•Fitzgerald, A et al, CyberLaw (Butterworths, 2002)
•Fitzgerald, A et al (eds), Going Digital 2000: Legal Issues for Electronic Commerce, Software and the Internet (Prospect Publishing, 2000)
•Fitzgerald, B et al, Internet and e-Commerce Law - Technology, Law and Policy (Thomson, 2007)
•Lawrence, A, The Law of Ecommerce (LexisNexis, 2003 (looseleaf))
•Lim, YF, Cyberspace Law: Commentaries and Materials (OUP, 2007 (2nd ed))
•Smith, G, Internet Law and Regulation (Sweet & Maxwell, 2002 (3rd ed))
•Online course materials

Resources

Please refer to course outline.