This session is going to diverge from the classic ex cathedra lecture and offer a platform for some debate. The core question that will be discussed is that of whether cyberspace should and can be regulated?
Is cyberspace something profoundly different that does not allow
conventional modes of state regulation, or is it just another medium
where state sovereignty is asserted? Answers to these and more questions
will be given during the interactive session, which is structured as a
'moot court' and invites verbal fight.
The interactive session will be organized in the following way:
We will have two parties arguing against each other.
Each group will have 15 minutes to present its arguments. Each group will then have 5 minutes to criticize the arguments of the other party. 5 subsequent minutes will
be given for a rebuttal. You can decide among yourselves who will be
the speaker(s) of the group. One idea will be that each person presents
one or two arguments so that the burden is equally distributed.
In
order to provide the opportunity for the other party to prepare its
counter-arguments, it would be necessary that you send me a short list
of your main points (no more than than a single page; key word mode) at
the latest on Tuesday. I will forward this to the other team.
The
persons not participating in the session will form a jury and will in
the end of the debate judge who the 'winning' party is. I would
intervene in matters of procedure and when necessary to spur the
discussion.
As
announced at the outset of the course, this participation will be
assessed and constitutes 30% of your final grade. Criteria for the
assessment will be the use and structure of the arguments, their
relevance to the particular question asked and to the defending
position. Reference to topics we already discussed or original ideas
will be additionally rewarded.
Here
is the initial package to prepare. It combines pro and counter
arguments, which will also help you anticipate the argumentation of the
opposing party. We have already discussed some additional arguments
during the final two sessions.
cyberlaw 1
cyberlaw 2
cyberlaw 3
These materials are abridged versions of the articles. The full versions of David G. Post can be found here and some of those of Jack L. Goldsmith here (these are however by no means compulsory reading).
You may use some of the reasoning and examples given in chapters of Who Controls the Internet?, which formed part of your reading materials last week.
Good luck for the preparations !
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