ARCHIVED BLOG.

This blog is now archived, as all materials are made available over the university online platform. The blog will no longer be updated.
The blog remains valuable for those interested in previous editions of my lecture 'International Law of Contemporary Media', which goes back to 2009.
The links, books and other materials made available in the right side bar can also be used in many helpful ways.

session 6. cyber-regulation.

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 !

session 5. internet governance and jurisdiction in cyberspace.

Session 5 looks at the internet, its origin, salient technological features and its legal implications. We shall talk about whether and how the internet should and could be regulated. An essential focus of our analysis will be on the Internet Corporation for Assigned Names and Numbers (ICANN).

Reading materials
On the Nature and Origins of the Internet, excerpts from the US Supreme Court judgment, ACLU v. Reno, 929 F.Supp. 824 (1996)
Goldsmith and Wu, Who Controls the Internet?, chapter 1
Goldsmith and Wu, Who Controls the Internet?, chapter 3
Goldsmith and Wu, Who Controls the Internet?, chapter 4
Goldsmith and Wu, Who Controls the Internet?, chapter 5

Note: While the readings for this session may appear at first sight more than the usual amount, the chapters of Who Controls the Internet? are in fact popular reading, relative concise and easily digestible. They are also a good preparation for the interactive session on cyber-regulation that follows.

Here are some useful links related to ICANN and Internet governance:
http://www.icann.org/
http://www.intgovforum.org/
http://www.internetgovernance.org/

session 4. international telecommunications law.

Session 4 looks at the telecommunications rules at the international level. This entails an analysis of the law and policies of the International Telecommunication Union (ITU), which happens to be the oldest intergovernmental organization. The session includes also an enquiry into the rules related to satellite communications. We will also explore how the communications rules have changed over time and how new regulatory models, which move away from the traditional international co-operation, have emerged. 
We illustrate the new tensions on the governance plane by looking at the case of standard setting and standard wars. The session will conclude with an analysis of current net neutrality rules and initiatives in the US, EU and Switzerland.
  
Reading materials on OLAT: Ian Walden, ch. 16 International Telecommunications Law (without WTO)

Optional  
Palfrey and Gasser, Interop, chapter 1   
Benkler, The Wealth of Networks, chapter 11  
MacKinnon, United Nations and the Internet: It's Complicated, Foreign Policy, August 2012 
US Federal Communication Commission, Open Internet Press Release, 2015 and Restoring Internet Freedom Order, 2018

session 3. freedom of expression online.

In this session, we will take a look at the opportunities and challenges that the medium of the Internet poses on freedom of speech. We will discuss in particular different kinds of digital access barriers and then analyze newer phenomenon, such as profiling, echo chambers and fake news. Finally, more recent cases of clashes of rights will be looked at by analyzing the CJEU decision in the Google Spain case and the practice behind the right to be forgotten.

Readings are made available on OLAT.

Here is a link to a quiz by the NY Times on Facebook's influence on political campaigns: 
Here is a recent video by the Economist on freedom of speech online.

session 2. the international human rights framework of relevance to media. freedom of expression.

It is the objective of session two to present the international human rights framework of pertinence to media. The different dimensions of the freedom of expression will thus be central to our analysis. We will look at the International Covenant on Civil and Political Rights but also discuss the law and practice developed under the European Convention for the Protection of Human Rights and Fundamental Freedoms. This is also a preparation for the next session, which will be specifically dedicated to freedom of expression online - the opportunities and challenges posed by new medium of the internet. 

Reading materials
Jorgensen, Freedom of Expression
Marauhn, Freedom of Expression (ECHR)

Legal texts:
International Covenant on Civil and Political Rights
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
Human Rights Committee, General Comment 34 on art. 19: Freedom of Expression


Optional:
Mira Burri, Immer mehr staatlich verordnete Grenzen im Cyberspace (NZZ, October 2010) 

session 1. introduction to the course and its core topics.

The objective of the first session of the course is to get you acquainted with contemporary media as a specific subject matter of regulation. Amongst others, questions to be addressed are: What are the economic and societal justifications for regulating media? Have these rationales been modified over time as the media landscape has profoundly changed? What is international media law? What are its building blocks and how are they reflected in the course's structure?
Organizational sides of the course will also be clarified and the pertinent questions answered.
 
Reading materials: Flew, New Media: An Introduction
Optional: Benkler, The Wealth of Networks, chapter 1 (background text; also useful for subsequent sessions) Burri, New Technologies, New Patterns of Consumer/Business Behaviour and Their Implications for Audiovisual Media Regulation
 
A great interactive presentation on why the Internet matters, by Prof. Jonathan Zittrain, Harvard University can be found here. 

welcome 2018.

This blog is meant to accompany the course 'International Law of Contemporary Media' that I will be teaching in the fall semester 2018 at the University of Lucerne. 
For specific information about the rooms, schedule, etc., please consult the online learning platform (OLAT).

Description
The course provides an introduction to the current issues in the regulation of media at the international level, covering the pertinent human rights norms, the rules of the World Trade Organization, and the relevant topics of international telecommunications, Internet governance and intellectual property law. New digital media build the specific focus of the course.

Structure and participation / Literature

The course is structured into 12 weekly two-hour lectures with two interactive sessions in a debate format. Each student will be asked to participate in an interactive session at least once. This participation will be assessed and constitutes 30% of the final note.

The final exam is oral and 'open-book'. 

There is no particular script or textbook needed for the course. The relevant to each session readings will be provided electronically on OLAT. 

The books listed on the right-hand side of the blog are not necessarily part of the reading list. They are however relevant to the topics dealt with in the course and of potential interest to students eager to know more about digital media and their economic, social, political and cultural implications. All these books are made available under the creative commons licence and can be downloaded for non-commercial use free of charge.

I welcome you and look forward to an interesting course with fruitful discussions.

session 12. challenges and opportunities for contemporary media law.

The changing media landscape, locally and globally, brings with it certain challenges and opportunities for law and for media law in particular. As we could repeatedly see, it is very often the case that the toolbox of media regulation has not been yet adjusted (or not appropriately adjusted) to the changed (and changing) environment of 'old' and digital media, of convergence, of new patterns of business and consumer behaviour and new modes of cultural content production, distribution and access.
There is a host of topics that would qualify as falling under the broad category of challenges and opportunities to media law. We will only be able to tackle a tiny bit of those.
With the purpose of balancing the overall contents of the course and addressing some issues that were not sufficiently discussed until now, we would take up some of the themes in the domain of copyright and at the intersection of intellectual property and media law. We will pay specific attention to the processes of expanding copyright at the national, regional and global levels, and at the so-called copyright wars against the so-called piracy. In this context, we will discuss what the repercussions of expanded copyright may be and whether creativity and innovation as the ultimate goals of intellectual property protection are properly served. We will also look at alternative ways of protecting authors' rights such as the creative commons licence, as well as at initiatives that pursue to set limits to the ever expanding copyright.
A case that could well exemplify the current state of the debates is the Google Book Settlement and we'll make use of it to situate our analysis in the broader framework of media, access to knowledge and media regulation meant to serve the public interest.

session 11. pros and cons of cultural diversity regulation.

The time for the second interactive session has come. We will discuss a topic that we already touched upon in many ways, namely: whether it is justified and in fact doable to regulate for the protection and promotion of cultural diversity? These questions are asked against the background of a globalized media landscape, where we observe the emergence and use of multiple platforms and channels for expression and communication.
Yet, it could be argued that many voices have been marginalized in this environment and local cultures, especially in developing countries, are increasingly lost or (mis)appropriated by powerful globally positioned media companies. On the other hand, one could argue that digital media could make the expression and distribution of such local voices possible and strengthen their cultural value and the identity of the communities and peoples creating them.
It is certain that the picture to be painted is complex and not one of black and white. This makes the discussion particularly interesting and leaves the outcome open. The winning party will be ultimately the one with better structured and presented arguments.

The rules of the game remain the same.
You have however the advantage that you already heard the presentations of your colleagues during the first interactive session, as well as my comments on them.

The reading materials are few. They encompass basically the texts from the last session.

Those texts may have a slight bias towards arguments against cultural diversity regulation. Nonetheless, the other party arguing for cultural diversity regulation can make a strong case too. The lack of flexibilities within the WTO regime and the total disregard of cultural concerns are certainly the starting point there. The proliferation of mainstream content and homogenization of media outlets possibly another good point to make. Also, the text of the Convention itself and other short documents made available on the thematic page of UNESCO on culture can help you win the case.
Optional reading with some good data is a chapter from the UNESCO World Report on Cultural Diversity .

session 10. introduction to international copyright law.

In this session, we would take up some of the themes in the domain of copyright and at the intersection of intellectual property and media law. We will introduce the international copyright law framework and discuss the basic concepts of copyright law.
We will pay specific attention to the processes of expanding copyright at the national, regional and global levels and the tensions between copyright and new technological advances. In this context, we will discuss what the repercussions of expanded copyright may be and whether creativity and innovation as the ultimate goals of intellectual property protection are properly served. We will also look at alternative ways of protecting authors' rights such as the creative commons licence.

Optional reading:
Neil W. Netanel, Why Has Copyright Expanded? Analysis and Critique
Copyright in the digital age: Highway or dead-end?


For those of you who have attended the international IP law course, this will be a repetition. 

session 9. media globalization and its discontents.

After the hard work done in getting to know the law of the WTO, this session will be more dynamic and less legalistic.
It will explore the effects of globalization on media and how states have reacted upon these. We will look in particular at the tension between trade and culture, and at the concept and regulatory objective of cultural diversity. We will also contemplate whether digital media are differently created, distributed and accessed and if so, what the implications of this may be - in particular for promoting creativity and fostering cultural identities.

Reading materials
Burri, Reconciling Trade and Culture: A Global Law Perspective, JAMLS 41:2 (2011)
Anderson, The Long Tail
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

All readings will be of immediate help for those who will present during the interactive session on cultural diversity. They also give a good intro to the session on the challenges and opportunities for global media law.

sessions 7 + 8. international economic law and its relevance for media.

Sessions 7 and 8 focus on the law and policy of the World Trade Organization (WTO). The purpose of the first session of this pair will be to introduce you to the institution of the WTO and its unique characteristics that set it apart from other international organizations. We will also talk about the basic rationales for free trade, about the sweeping process of economic globalization and the need for state co-operation and global rule-setting. While the topic is complex and it does come along with its own and often specific vocabulary, it is critical to understand that a great deal of our domestic policy- and rule-making (also in the field of media) is dependent upon these developments at the global level.
After having gotten the basic idea of the institutional set-up of the WTO and its functions, session 8 will go into the substance of the WTO law. We will firstly look at the underlying principles of non-discrimination (most-favoured-nation treatment and national treatment obligations) and how they are regulated under the GATT (for goods) and the GATS (for services) respectively. We will then focus on those rules of the WTO that are most relevant to telecom and media products and services or were specifically designed to address them.

Reading materials 

Here are all WTO legal texts.
We will pay particular attention to the Marrakesh Agreement Establishing the WTO (the WTO Agreement), the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS).

Roy, Audiovisual Services in the Doha Round

Optional: 
Van den Bossche, The Law and Policy of the WTO, Chapter 4
(this is an abridged version of the chapter; while it is still too long, it could serve well as a reference text in case more clarification is needed on the non-discrimination principles under GATT and GATS).

Optional 
Here are some additional basic reference texts about the WTO:
Understanding the WTO
10 Things the WTO Can Do


Here are some cases exemplifying the theory of comparative advantage (source: Wikipedia).

session 6. cyber-regulation.

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 !

sessions 4 + 5. internet governance

Sessions 4 and 5 look at the internet, its origin, salient technological features and its legal implications. We shall talk about whether and how the internet should and could be regulated. An essential focus of our analysis will be on the Internet Corporation for Assigned Names and Numbers (ICANN).

Reading materials
On the Nature and Origins of the Internet, excerpts from the US Supreme Court judgment, ACLU v. Reno, 929 F.Supp. 824 (1996)
Goldsmith and Wu, Who Controls the Internet?, chapter 1
Goldsmith and Wu, Who Controls the Internet?, chapter 3
Goldsmith and Wu, Who Controls the Internet?, chapter 4
Goldsmith and Wu, Who Controls the Internet?, chapter 5

Note: While the readings for this session may appear at first sight more than the usual amount, the chapters of Who Controls the Internet? are in fact popular reading, relative concise and easily digestible. They are also a good preparation for the interactive session on cyber-regulation that follows.

Here are some useful links related to ICANN and Internet governance:
http://www.icann.org/
http://www.intgovforum.org/
http://www.internetgovernance.org/

session 3. international telecommunications law.

Session 3 looks at the telecommunications rules at the international level. This entails an analysis of the law and policies of the International Telecommunication Union (ITU), which happens to be the oldest intergovernmental organization. The session includes also an enquiry into the rules related to satellite communications. We will also explore how the communications rules have changed over time and how new regulatory models, which move away from the traditional inter-national co-operation, have emerged. The session will conclude with an analysis of current net neutrality initiatives.
 
Reading materials Walden, International Telecommunications    

Optional  
Palfrey and Gasser, Interop, chapter 1   
Benkler, The Wealth of Networks, chapter 11  
MacKinnon, United Nations and the Internet: It's Complicated, Foreign Policy, August 2012 
US Federal Communication Commission, Open Internet Press Release, 2015

session 2. international human rights framework. freedom of speech.

It is the objective of session two to present the international human rights framework of pertinence to media. The different dimensions of the freedom of expression will thus be central to our analysis. We will look at the International Covenant on Civil and Political Rights but also discuss the law and practice developed under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Reading materials
Jorgensen, Freedom of Expression
Marauhn, Freedom of Expression (ECHR)

Legal texts:
International Covenant on Civil and Political Rights
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

Case:
Demuth v. Switzerland, ECtHR

Optional:
Mira Burri, Immer mehr staatlich verordnete Grenzen im Cyberspace (NZZ, October 2010) 

session 1. introduction to the course and its core topics.

The objective of the first session of the course is to get you acquainted with contemporary media as a specific subject matter of regulation. Amongst others, questions to be addressed are: What are the economic and societal justifications for regulating media? Have these rationales been modified over time as the media landscape has profoundly changed? What is international media law? What are its building blocks and how are they reflected in the course's structure?
Organizational sides of the course will also be clarified and the pertinent questions answered.
Reading materials: Flew, New Media: An Introduction Sauvé and Steinfatt, Multilateral Rules on Trade and Culture (only pages 326-339; the entire article for session 10)
Optional: Benkler, The Wealth of Networks, chapter 1 (background text; also useful for subsequent sessions) Burri, New Technologies, New Patterns of Consumer/Business Behaviour and Their Implications for Audiovisual Media Regulation
A great interactive presentation on why the Internet matters, by Prof. Jonathan Zittrain, Harvard University can be found here. 

welcome 2017.

This blog is meant to accompany the course 'International Law of Contemporary Media' that I will be teaching in the fall semester 2017 at the University of Lucerne and the University of Bern. 
For specific information about the rooms, schedule, etc., please consult the respective online learning platforms of OLAT and ILIAS.

The information of this blog will be generic and concern both courses. 

Description
The course provides an introduction to the current issues in the regulation of media at the international level, covering the pertinent human rights norms, the rules of the World Trade Organization, and the relevant topics of international telecommunications, Internet governance and intellectual property law. New digital media build the specific focus of the course.

Structure and participation

The course is structured into 13 weekly two-hour lectures with two interactive sessions in a debate format. Each student will be asked to participate in an interactive session at least once. This participation will be assessed and constitutes 30% of the final note.

The final exam is oral and 'open-book'.

Target audience
The books listed on the right-hand side of the blog are not necessarily part of the reading list. They are however relevant to the topics dealt with in the course and of potential interest to students eager to know more about digital media and their economic, social, political and cultural implications. All these books are made available under the creative commons licence and can be downloaded for non-commercial use free of charge.
I welcome you and look forward to an interesting course with fruitful discussions. 

The course is primarily directed at students of law at the master level. It is however also particularly suitable for media and communications studies or political science students, who would like to learn more about the international regulation of media, or who share a special interest in new media and their policy and legal implications.

Literature
There is no particular script or textbook needed for the course. The relevant to each session readings will be provided electronically. All links will be made available here on this blog, as well as on ILIAS and OLAT.

final notes.

We have reached the end of the course on international law of contemporary media. It has been a long journey, sometimes smooth, sometimes rough. I warmly thank all the participants and wish you best of luck for the forthcoming exam and for all other future endeavours.
The next edition of the course will be in fall semester 2017.

session 12. challenges and opportunities for contemporary media law.

The changing media landscape, locally and globally, brings with it certain challenges and opportunities for law and for media law in particular. As we could repeatedly see, it is very often the case that the toolbox of media regulation has not been yet adjusted (or not appropriately adjusted) to the changed (and changing) environment of 'old' and digital media, of convergence, of new patterns of business and consumer behaviour and new modes of cultural content production, distribution and access.
There is a host of topics that would qualify as falling under the broad category of challenges and opportunities to media law. We will only be able to tackle a tiny bit of those.
With the purpose of balancing the overall contents of the course and addressing some issues that were not sufficiently discussed until now, we would take up some of the themes in the domain of copyright and at the intersection of intellectual property and media law. We will pay specific attention to the processes of expanding copyright at the national, regional and global levels, and at the so-called copyright wars against the so-called piracy. In this context, we will discuss what the repercussions of expanded copyright may be and whether creativity and innovation as the ultimate goals of intellectual property protection are properly served. We will also look at alternative ways of protecting authors' rights such as the creative commons licence, as well as at initiatives that pursue to set limits to the ever expanding copyright.
A case that could well exemplify the current state of the debates is the Google Book Settlement and we'll make use of it to situate our analysis in the broader framework of media, access to knowledge and media regulation meant to serve the public interest.

Optional reading:
Neil W. Netanel, Why Has Copyright Expanded? Analysis and Critique

session 10. regulation for cultural diversity? pros and cons.

The time for the second interactive session has come. We will discuss a topic that we already touched upon in many ways, namely: whether it is justified and in fact doable to regulate for the protection and promotion of cultural diversity? These questions are asked against the background of a globalized media landscape, where we observe the emergence and use of multiple platforms and channels for expression and communication.
Yet, it could be argued that many voices have been marginalized in this environment and local cultures, especially in developing countries, are increasingly lost or (mis)appropriated by powerful globally positioned media companies. On the other hand, one could argue that digital media could make the expression and distribution of such local voices possible and strengthen their cultural value and the identity of the communities and peoples creating them.
It is certain that the picture to be painted is complex and not one of black and white. This makes the discussion particularly interesting and leaves the outcome open. The winning party will be ultimately the one with better structured and presented arguments.

The rules of the game remain the same.
You have however the advantage that you already heard the presentations of your colleagues during the first interactive session, as well as my comments on them.

The reading materials are few. They encompass basically the texts from the last session.

Those texts may have a slight bias towards arguments against cultural diversity regulation. Nonetheless, the other party arguing for cultural diversity regulation can make a strong case too. The lack of flexibilities within the WTO regime and the total disregard of cultural concerns are certainly the starting point there. The proliferation of mainstream content and homogenization of media outlets possibly another good point to make. Also, the text of the Convention itself and other short documents made available on the thematic page of UNESCO on culture can help you win the case.
Optional reading with some good data is a chapter from the UNESCO World Report.