LAU34052 Information Technology Law

Learning Outcomes

By the end of this module, students should be able to:

• Identify and analyse independently sources of primary and secondary law of relevance to IT law;
• Understand the way how IT is interwoven with different areas of law and regulation;
• Critically appraise the impact of multiple factors on the relationship between law and information technology;
• Discuss the key theoretical and practical approaches to regulation in IT Law;
• Construct competent, evidence-based arguments relating to IT law;
• Write critically about IT Law.

Module Content

In the space of two decades, information technologies such as computers and the Internet have become part of the fabric of our society. They pervade virtually every field of life and are increasingly embedded in goods and services. Not only does this disrupt the law as we know it, but the fast development of IT also challenges the ability of the law to keep pace with innovation. During the course, we will examine the complex relationship between law and information technology: can the law rule code? What other actors and factors carry legal weight in determining the answer? We will look into how information technologies work and are governed by a range of institutions and laws.

The module will examine the legal ramifications of information technologies and cyberspace in the private and public spheres. For the former, we will look into, for instance, e-commerce and intermediary liability, for the latter, surveillance and data retention. We will also explore the way how digitization has shaped the nature of fundamental rights, with a focus on the protection of personal data and privacy. The module, which is quite technical, will feature high-profile cases as well as present-day topics as they may be relevant, e.g. artificial intelligence. In so doing, we will discuss cross-cutting themes such as business models, globalization, politics, modes of regulation, enforcement and philosophy.

Legal sources will be mainly drawn from the European Union transposed into Irish Law and the Council of Europe. The module will feature 18 hours of lectures.