OAFP 4850 - Law and New technology

This course is an opportunity for students to acquire solid knowledge addressing current legal issues related to new technologies, with a legal approach. If the French legal system will be studied, it will also be expected from student to use their own background to challenge or question the existing legislation. Designed for non-lawyers (students with legal background are also welcome), this course will focus on the main questions raised by digital technologies such as cyber-crime, data protection, or the rise of GAFA, which are of increasing importance for senior executives, in both the public and the private sector. The first part of the course will focus on acquiring the fundamental legal concepts – always using current examples – necessary for understanding key legal issues. Students will then be offered the necessary background to discuss matters relating to new technologies with a specific focus on civil liberties, as well as economic issues. The topics covered will include: how to protect individuals from the collection of data by the State, companies or their employer? How should civil liberties on the Internet be protected in a context of terror? What are the legal means available to companies to protect their business? How should the legal system evolve in a context of a technology environment in constant progress?

Carlyne SEVESTRE,Clément WIERRE

Enseignement électif

English

Few readings will have to be made before the class by every student. When required to do a presentation, students may face an important workload.

This course is designed for non-lawyers but students with a legal background are also welcome.     

Autumn 2023-2024

A short paper (min. 4 pages) should be submitted by each student at the end of the semester on a topic of their choice related to the course. Teachers will help students, if requested, to find their subject An oral presentation on a topic related to a specific session. The subjects are designed by teachers. Oral participation will also be assessed through a press review and a moot court. The class is designed to be very interactive and general participation during the class is very much appreciated by the professors.

      Usually the session will progress as follows: - Short press review at the beginning of the course and debate with students - Presentation of the topic of the day (presentation made by the teacher, usually using Ppt material) - One or two specific topics are addressed by students during the course (10 minutes presentation) + debate with students Part I – Law and new technologies: players and processes Session 1: Layout of the French legal system and the place of new technologies  French judicial system; Civil law vs Criminal law.  Brief overview of the main issues raised by new technologies under French law. Session 2: Main players  Identifying the main Internet players from a legal perspective: Internet service provider, website host, content supplier.  Government agencies: ANSSI, CERTA. Cyber law enforcement. Session 3: Inquiries on offences / infringements related to new technologies  Criminal inquiries: search and seizure of computer data; judicial requisition, communication screening. Comparison with the limited efficiency of civil inquiries led by private parties.  Electronic evidence : specificities and recent legal evolutions. Session 4: Pioneering law on new technologies, Godfrain's law and its evolution  How a piece of legislation adopted in 1988, dedicated to new technologies, has evolved to adapt to the technology. Overview of this crucial law (on automated data system) and its evolution through case law. Other incriminations related to cyber investigations : fraud, swindling, breach of trust, extorsion. Lastest evolution: white hats and identification of security failures, the “Bluetouff” case. Session 5: International cooperation  Overview of jurisdiction matters regarding new technologies.  Cross-border cooperation: how to request cooperation from US companies. Legal means (EU, Budapest convention) and pragmatic approach (direct relationship with US telecom operator). Problems related to data retention. Part II – Civil rights and liberties Session 6: The challenge posed by terrorism  Fighting terrorism: investigation tools, getting access to secured information (encryption). Intelligence versus judiciary police investigations.  Prosecution for viewing websites promoting or provoking terrorism. Session 7: Defamation and press offences on the Internet  Main press offences and how they are applied to new technologies: discussion forums, social networks, blogs.  Incriminations related to personal rights : blackmailing, revenge porn, happy slapping. Freedom of expression and e-reputation. Session 8: Protecting personal data  The rise of collecting, transferring and processing personal data; role of the CNIL, French and European legislation on personal data (health data, connection data, cookies).  The right to be forgotten. Session 9: Workplace cyber-surveillance  Transparency and proportionality principles.  Access to correspondence; biometric access control; geo-tracking. Part III – Economic issues Session 10: Protecting companies' identity  Overview of legal protection available related to domain name, counterfeit and e-reputation; Cybersquatting and cybergriping.  Current legislation protecting intellectual property rights and its efficiency; Hadopi. Session 11: How to regulate Gafa?  Should Gafa be regulated and how? Session 12: New businesses and prospective law  How laws should adapt to innovation; Artificial intelligence and liability; drones; blockchain. Occasionally, some sessions may be organised differently: moot court or external participant