Tech Law Labs
Project-based learning has
been a central feature of the IILP for years, and this year is no
different. Techlaw Labs allow students to work with faculty members on
real-world topics and real-world clients. Below is a list of our current
Tech Law labs.
Supervising
faculty member: Prof. Carole Post
Social media is
powerful, but with great power comes great responsibility. The use of
social media and the internet ecosystem have opened a vast array of
privacy and appropriate use issues – legal, technical, social,
ethical - even moral. These matters are currently the subject of much
debate. Individuals, organizations, corporations, governments and all
manner of entities are dealing with how to use social media to its fullest
– to increase traffic to a business, bring attention to a social
issue, improve one’s popularity, or influence an election –
while avoiding its pitfalls. This project will explore how social media is
changing the landscape of communications and how regulators and corporate
communication types can keep pace to provide guidance to their
clients.
The project will explore the use of
the most common social media tools, gather insight into the emerging field
of social media law, provide guidance on navigating the complex social
media landscape, identify legal and ethical challenges a client might face
in today’s electronically connected society, examine how social media
is being used in academic institutions across the country, and develop a
plan for a client to assess exposure and legal
risk.
Issues and matters that may be explored
include:
· Social media technology trends and their legal
impact
· The existing legal framework governing social
media and current efforts to regulate it
· Best practices
for social media use by an academic institution
·
Expectation of privacy or confidentiality by an organization whenusing
social media
· How to draft and implement an effective
social media policy
Supervising faculty member: Prof. Zvi
Rosen
Recently, there has been increased attention
given to the anomalous treatment of sound recordings published prior to
1972 under the copyright laws, where they are excluded from federal
copyright law. It is generally asserted that state law protects these
recordings, although the exact contours of this protection remain somewhat
unclear. The U.S. Copyright Office has produced a report asserting that
these sound recordings should be given federal protection, and several
reports by the National Recording Preservation Board (NRPB) have explored
the terrain of the current law with a focus on libraries and archives,
including a study of the copyright laws for sound recordings in 10
states.
This project seeks to produce the
definitive study of state copyright laws regarding pre-1972 sound
recordings in all 50 states, a resource that will be great legal
significance. The project will also examine a range of other aspects of
pre-1972 sound recording, and will examine how a shift to a federal regime
would impact both rights holders and
consumers.
Supervising faculty
member:Prof. Molly Land
This project will research the
scope of the right to science protected in international treaties as well
as the implications for such a right on modern debates about intellectual
property and the regulation of information. The United Nations Committee
on Economic, Social and Cultural Rights is planning to draft an
interpretive statement, called a General Comment, on the right to science
protected under the International Covenant on Economic, Social and
Cultural Rights. Students will prepare a series of short papers discussing
both historical and policy perspectives on the scope and application of the
right to science. A right to science could have enormous potential for
providing normative leverage against increasing restrictions on access to
knowledge across a variety of areas, ranging from genetic testing to the
Internet and the digital divide, including in terms of additional support
for efforts to increase the availability of exceptions and limitations to
copyright and patent law. If it can be arranged, the students will submit
one or more papers containing their research and recommendations to the
United Nations institutions and experts involved in drafting the General
Comment. The team will meet once or twice in the fall at a time to be
agreed (including potentially to meet with U.N. officials) but the work
will otherwise take place during the spring semester of 2013. Subject to
negotiation in individual cases, students will earn both credits during
the spring semester.
Supervising faculty members:
Prof. David Johnson and Prof. Nicholas Diamand
It is now
possible to build online systems that interview users and offer situation
specific guidance regarding the legal issues they face. Last year, eight
students worked with Neota Logic to design such systems. That opportunity
is available again this year. Profs Johnson and Diamand will work (online
and by phone) to coach you through the process of selecting an
appropriately targeted legal issue and potential users. You can pick any
area of law you want to learn more about. You will have the opportunity to
think through the circumstances facing clients. And you will work on
developing clear questions and clearly stated guidance that can vary,
according to the rules you specify, depending on the circumstances. You
won't be at risk of being replaced by a robot if you are the one building
the robot! And being the author of a legal expert system is a great
conversation starter for your resume'. No technical expertise is required
-- Neota Logic was specifically designed to allow expert systems to be
built by lawyers, not engineers. This project has no set time for meeting,
and students can negotiate with the supervisors over meeting times that
suit them.
Supervising faculty members: Prof. Charles
Davidson & Michael Santorelli
Broadband Expanded
(BBE) is a Web portal dedicated to assessing the benefits of and
identifying the legal, regulatory, policy, and other barriers to more
robust broadband adoption by senior citizens and people with disabilities
and stakeholders across the healthcare and education sectors. There are
three main components to BBE:
(1) a consumer-oriented section
that includes a comprehensive listing of resources regarding the
availability of programs and organizations that provide broadband training
and other related services;
(2) a section that provides federal
and state policymakers with comprehensive research materials aimed at
informing public policies that seek to eliminate barriers to broadband
adoption and promote more meaningful uses of this technology in key
demographics and sectors; and
(3) a blog that allows for
real-time commentary and analysis of recent developments in the broadband
space.
Students participating in this project
will have the opportunity to contribute to the continued development of
this unique platform. In particular, each student will “own” a
particular user group (seniors, people with disabilities,
healthcare/telemedicine, or education) and be responsible for conducting
research to update relevant content and drafting blog posts and
commentaries. Students will be attributed authorship credit, as
appropriate, for their work. For more information, please visit
www.broadbandexpanded.com.
Supervising faculty
member: Prof. Michael Botein
This Techlaw Lab project
involves working with the Media Center at NYLS, which offers information,
analysis, and hands-on experience with electronic media and
telecommunications (“media-telecom”), as well as their
ownership relationships to print journalism. On a day-to-day basis, this
involves regulation by federal agencies such as the Federal Communications
Commission (“FCC”), the Federal Trade Commission, and National
Telecommunications and Information Administration. Because the governing
regulatory concepts are embedded in both legislative and constitutional
law, however, they consistently spin off a range of other
questions—for example, the recent peripatetic first amendment ping
pong match among the FCC, circuit courts, and Supreme Court as to the
status of indecent broadcast speech. Other examples of statutory issues
include whether the Internet is a telecommunications medium and whether
cable is a common carrier. The Media Center exposes students to a broad
range of breaking legal issues and intellectual disciplines. Although it
emphasizes the essential core requirements of research, writing, and
editing, it also encourages students to update their skill sets
continually—not just in law, but also in other disciplines. For this
reason, the Center’s mission requires an ability to understand a
variety of intellectual concepts and factual issues, as well as to express
them in readable and as persuasive English. The project may involve a
variety of projects, courses, and other activities, as agreed between the
student and the supervisor. These and related opportunities include: 1.
Participation in researching, writing, editing, and publishing the Media
Center’s publication, Media Law & Policy Journal
(“MLP”), now in its 20th year. Students are encouraged to
produce their own written product, for publication in MLP; 2. Internships
in government, corporate, or law firm environments arranged by the Media
Center. Paid summer placements may be available on a work-study basis,
generally in Washington, DC or New York City; 3. Auditing of or
participating for credit (2 credits, P/F) in the Media Law & Policy
Seminar during the spring semester. This focuses on research, writing, and
editing of articles on media, telecommunications, IP, and Internet
law.