Advanced Technology Seminar

Advanced Technology Advanced Technology SeminarSeminar

Cyrus Daftary & Todd KriegerCyrus Daftary & Todd Krieger

January 7, 2008January 7, 2008

Legal Research, Issues& Practice Online and Beyond

January 7, 2008January 7, 2008 22

AgendaAgendaWelcomeWelcomeThe Impact of Technology on the Practice of LawThe Impact of Technology on the Practice of LawUnderstanding the InternetUnderstanding the InternetUsing the Electronic Book and TextUsing the Electronic Book and TextCourse Expectations / PoliciesCourse Expectations / PoliciesQuestions & AnswersQuestions & Answers


I. WelcomeI. Welcome

WelcomeWelcome- Adjunct Professors Daftary & Krieger- Adjunct Professors Daftary & Krieger- Introduction of Classmates- Introduction of ClassmatesGoals of CourseGoals of Course - Become aware of the current legal issues with- Become aware of the current legal issues with technology and the Internet technology and the Internet- Understand the legal issues associated with- Understand the legal issues associated with creating, managing, and sustaining a dot com creating, managing, and sustaining a dot com company company- Improved understanding of technologies - Improved understanding of technologies associated with the Internet associated with the Internet- Have fun- Have fun


II. The Impact of Technology on II. The Impact of Technology on the Practice of Law - the Practice of Law - IntroductionIntroduction

Technology has facilitated numerous opportunities Technology has facilitated numerous opportunities and challenges for the legal profession.and challenges for the legal profession.

• Efficient information access and transmission• Portability

•Wireless access•Palm-top & PDA computing

• Instant communication• Revival of ‘forgotten’ areas of law• New ways of building communities• Novel legal challenges

Opportunities

• Digital crimes• Digital torts• Novel jurisdictions• Heightened regulatory climate

• Privacy• Patriot Act• Online restrictions

• Uncharted territory

Challenges


Some New Advanced Technology Some New Advanced Technology Legal Issues from the Past Year Legal Issues from the Past Year

Worldwide ringtone revenue is Worldwide ringtone revenue is measured in billions.measured in billions.

((http://news.yahoo.com/s/cmp/20071221/tc_cmp/205101348http://news.yahoo.com/s/cmp/20071221/tc_cmp/205101348 /)/)

The $100 per student laptop The $100 per student laptop project is gaining traction. project is gaining traction. http://laptop.org/http://laptop.org/

– Legal concerns over web cams and other Legal concerns over web cams and other features.features.

Presidential candidates are Presidential candidates are using youtube.com as a forum.using youtube.com as a forum.New mobile phones will New mobile phones will combine GPS features with combine GPS features with advertising.advertising.

$100!


Other Pending Technology Battles: Other Pending Technology Battles:

Crossover challengesCrossover challenges– Virtual worlds have created new Virtual worlds have created new

opportunities for IP infringement, opportunities for IP infringement, piracy, and theft.piracy, and theft.

Individuals can buy and sell virtual goods Individuals can buy and sell virtual goods and services with convertible currency on and services with convertible currency on Second Life.Second Life.

– Social networking sites such as Social networking sites such as myspace and facebook also present a myspace and facebook also present a novel forum for legal issues.novel forum for legal issues.


Recognize this location?Recognize this location?

•Any legal concerns with Google Earth?


Imagine a scene not possible a few Imagine a scene not possible a few years ago…years ago…

Client calls you on your PDA or Blackberry while Client calls you on your PDA or Blackberry while you are enjoying a coffee at Starbucks.you are enjoying a coffee at Starbucks.He or she e-mails a picture from his camera He or she e-mails a picture from his camera phone to your PDA of an infringing knockoff phone to your PDA of an infringing knockoff bought on e-Bay.bought on e-Bay.With wireless access, you e-mail an offshore With wireless access, you e-mail an offshore legal service in Mumbai for initial preparation of legal service in Mumbai for initial preparation of the complaint.the complaint.You complete the complaint from your laptop You complete the complaint from your laptop and e-mail it wirelessly to your client for review.and e-mail it wirelessly to your client for review.You investigate the infringer’s background on-You investigate the infringer’s background on-line using Lexis-Nexis.line using Lexis-Nexis.


But…But…

A hacker taps into your wireless e-A hacker taps into your wireless e-mail stream;mail stream;

He or she warns the infringer of the He or she warns the infringer of the pending suit; andpending suit; and

The infringer erases implicating e-The infringer erases implicating e-mail records and destroys physical mail records and destroys physical evidence.evidence.


Technology may still prevail…Technology may still prevail…

Your digital discovery request Your digital discovery request includes the infringer’s includes the infringer’s physical hard drives.physical hard drives.Your computer forensics Your computer forensics expert uncovers the expert uncovers the implicating deleted e-mail.implicating deleted e-mail.You prepare a winning case You prepare a winning case using digital animation and using digital animation and diagrams to win the case.diagrams to win the case.Let’s start with the primary Let’s start with the primary catalyst to this shift...catalyst to this shift...


III. Understanding the InternetIII. Understanding the Internet

To answer this question, we need to look two To answer this question, we need to look two things:things:

- Examine Recent Trends- Examine Recent Trends

- Paradigm Shift- Paradigm Shift


A. Trends Over the Past 15 YearsA. Trends Over the Past 15 YearsTechnologicalTechnological- Mainframe to PC to PDA based society- Mainframe to PC to PDA based society- Cost of change is lower now- Cost of change is lower now- Brand loyalty is no longer a factor – computers and - Brand loyalty is no longer a factor – computers and hardware are commodities. hardware are commodities.- Cell phones can now be used to surf the web, send e-mail, take photos, listen to MP3s, navigate - Cell phones can now be used to surf the web, send e-mail, take photos, listen to MP3s, navigate with GPS, and other functions.with GPS, and other functions.

SocialSocial - Shift from a National View to Global View- Shift from a National View to Global View– Individuals can access vast social networks Individuals can access vast social networks

EconomicEconomic- Moved from Industrial based economy to an - Moved from Industrial based economy to an Information based economy Information based economy- Moved from buying tangible goods to intangible - Moved from buying tangible goods to intangible services services- Dot com boom to a dot com bomb to hybrid companies and traditional retailers making their niche.- Dot com boom to a dot com bomb to hybrid companies and traditional retailers making their niche.


Trends OnlineTrends OnlineThe wild west of online culture was tamed by new The wild west of online culture was tamed by new laws, tighter enforcement and the absence of cash.laws, tighter enforcement and the absence of cash.

Free for all / Wild West

Dot Com explosion/ protecting their turf

Consumer/ Corporate legal protection

Dot Bomb/ globalization

Aggressive enforcement

Fight for the crumbs

Old wine in new bottles

COPPAACCPA

Active online policing

Yahoo! France battle

<1997 ~1997-98 1999 2000 2001 2002

Privacy Security Brick and Mortar take over the net

2003 2004 2005

Sharing and Building Personal

Spaces

2006

Convergence of portability,

entertainment and communications

2007

TBD

2008?


B. Paradigm ShiftB. Paradigm Shift

Recent trends have changed the way we act Recent trends have changed the way we act and do businessand do business- In the old days, an investor would only invest in a company - In the old days, an investor would only invest in a company that had solid tangible assets/balance sheets. Still, some that had solid tangible assets/balance sheets. Still, some investors were willing to invest big money on knowledge based investors were willing to invest big money on knowledge based companies like companies like YYAHOO!AHOO!, , eeBBaayy and and GGoooogglle e before they were before they were making consistent profits.making consistent profits.

Today’s workforce Today’s workforce - Needs to have diverse and continually evolving skill sets- Needs to have diverse and continually evolving skill sets- Understanding of things versus memorization- Understanding of things versus memorization- Dynamic skills versus procedure (process)- Dynamic skills versus procedure (process)


Result of Paradigm ShiftResult of Paradigm Shift

• Marketing• Selling• Buying of

products and services on the Internet

E-Business• An enterprise designed for success

in the information age• Creating new sources of shareholder

value– Building customer loyalty– Optimizing business process– Creating new products and services– Managing risk and compliance– Reaching new markets– Enhancing human capital– Harnessing technology– Achieving market leadership

E-Commerce

““E-Commerce is what youE-Commerce is what you dodo and E- and E-Business is what you Business is what you areare..””


Retail E-Commerce is Still GrowingRetail E-Commerce is Still Growing

Retail online shopping in the US during the Retail online shopping in the US during the 2007 holiday season grew by 19% to $28 2007 holiday season grew by 19% to $28 billion. billion. (Comscore)(Comscore)

Online apparel sales now exceed online Online apparel sales now exceed online computer software & hardware sales.computer software & hardware sales. (http://www.ecommerce-guide.com/news/trends/article.php/3715346)(http://www.ecommerce-guide.com/news/trends/article.php/3715346)

35% of American households now pay their 35% of American households now pay their bills online. bills online. (www.forrester.com)(www.forrester.com)


Industry Impact of the InternetIndustry Impact of the Internet

LogisticsManufacturing

Transportation

GovernmentServices

Home Services

Automotive Mfg.

Telecom Healthcare

Entertainment

Banking

Travel

Advertising

Publishing

Utilities

Stock Trading

Book selling

Office Supplies

Marketing, Sellingand Customer Service

Offering Structure and Delivery Entire Industry

source: Gartner Group

HIGH

LOW

Retail

Every Industry is Affected

Every Industry is Affected


Cyberspace & the InternetCyberspace & the Internet

A. The Origin of CyberspaceA. The Origin of Cyberspace

B. The Evolution of the InternetB. The Evolution of the Internet


A. The Term CyberspaceA. The Term Cyberspace

The term ‘cyberspace’ traces its origin The term ‘cyberspace’ traces its origin back to a science fiction novel written by back to a science fiction novel written by William Gibson entitled William Gibson entitled NeuromancerNeuromancer..

In this book, corporations replaced In this book, corporations replaced governments and computer hackers governments and computer hackers waged a war against secure data. This waged a war against secure data. This chaos was called Cyberspace.chaos was called Cyberspace.


B. The Evolution of the InternetB. The Evolution of the InternetThe Internet was born about 25 years ago out of an effort to The Internet was born about 25 years ago out of an effort to connect U.S. Defense Department networks to various connect U.S. Defense Department networks to various radio and satellite networks.radio and satellite networks.

During the 1970s, many universities and non-governmental During the 1970s, many universities and non-governmental entities linked into the Defense Department net.entities linked into the Defense Department net.

By the late 1980s, many networks were linked together to By the late 1980s, many networks were linked together to create the Internet.create the Internet.

To date, no one entity controls the Internet, but there are To date, no one entity controls the Internet, but there are consortiums that agree on standards.consortiums that agree on standards.


C. Understanding How the C. Understanding How the Internet WorksInternet Works


1. Local Area Network (LAN)1. Local Area Network (LAN)


2. Wide Area Network (WAN)2. Wide Area Network (WAN)


3. The Internet3. The InternetCombination of privately run networks to which Combination of privately run networks to which enterprises connect their LANs & WANs.enterprises connect their LANs & WANs.

These privately run networks span the world creating These privately run networks span the world creating redundancy and stability.redundancy and stability.

Each network(s) is connected by copper and fiber Each network(s) is connected by copper and fiber optic land lines and wireless links.optic land lines and wireless links.

Intelligent devices called “routers” route data over Intelligent devices called “routers” route data over the many networks.the many networks.


a. The Components of the a. The Components of the InternetInternet

Bulletin Board ServicesBulletin Board Services (popular since the 1980s)(popular since the 1980s)- electronic mail, messages, software distribution- electronic mail, messages, software distribution

Commercial On-Line ServicesCommercial On-Line Services- AOL, MSN, etc.- AOL, MSN, etc.

Private SystemsPrivate Systems - Local Area Networks, Intranets meant for small groups- Local Area Networks, Intranets meant for small groups

Computer NetworksComputer Networks - Telnet, File Transfer Protocol, collection of inter-- Telnet, File Transfer Protocol, collection of inter-

connected computer systems that transfer information connected computer systems that transfer information


b. What are People Really Doing b. What are People Really Doing on the Interneton the Internet

E-mailE-mailBloggingBloggingReal Time Chat Discussions – Instant MessagingReal Time Chat Discussions – Instant MessagingSocializingSocializingGames and entertainmentGames and entertainmentElectronic publishingElectronic publishingEducational and research servicesEducational and research servicesCommercial transactionsCommercial transactionsSoftware and content exchangeSoftware and content exchangeListen to music and watch TV – File swappingListen to music and watch TV – File swapping


Electronic PublishingElectronic Publishing

Think of the Internet/World Wide Web as an electronic book in which Think of the Internet/World Wide Web as an electronic book in which text, images, sounds and video can be stored. These electronic text, images, sounds and video can be stored. These electronic books are capable of having footnotes and cross references in the books are capable of having footnotes and cross references in the form of links to themselves or other electronic books.form of links to themselves or other electronic books.

The content of these books are published in HTML (Hypertext The content of these books are published in HTML (Hypertext Markup Language)Markup Language)

HTML is interpreted via web browser (Internet Explorer, Firefox, etc.)HTML is interpreted via web browser (Internet Explorer, Firefox, etc.)


c. c. What are Lawyers Doing on What are Lawyers Doing on the Internet?the Internet?

MarketingMarketingWriting and BloggingWriting and BloggingResearchResearchBillingBillingCompiling MaterialsCompiling MaterialsMaking Practice FormsMaking Practice FormsReplacing Paper Libraries with Virtual Replacing Paper Libraries with Virtual LibrariesLibrariesCommunicationCommunication


Challenges to the Legal Challenges to the Legal ProfessionProfession

Who is the buyer?Who is the buyer? Who is the seller?Who is the seller? Where is the buyer?Where is the buyer? Where is the seller?Where is the seller? What laws apply?What laws apply? Can parties choose another law?Can parties choose another law? Are electronic agreements enforceable?Are electronic agreements enforceable? How do I protect my copyright / tradename?How do I protect my copyright / tradename? Am I liable for the content of others?Am I liable for the content of others? Do consumers have special protection?Do consumers have special protection? When must I pay VAT?When must I pay VAT? When must I pay income tax?When must I pay income tax? Will the US give me a foreign tax credit?Will the US give me a foreign tax credit?


E-mailE-mail

Think of e-mail the same way you do writing a letter. Think of e-mail the same way you do writing a letter. Imagine yourself addressing a message and placing it Imagine yourself addressing a message and placing it into a US Postal box or fax machine.into a US Postal box or fax machine.

Once the post office has it, it gets sorted and forwarded Once the post office has it, it gets sorted and forwarded to another place.to another place.

Note - e-mail is a form of electronic publishing.Note - e-mail is a form of electronic publishing.

Hundreds of millions of e-mail messages traverse Hundreds of millions of e-mail messages traverse cyberspace each day (many of them are spam!).cyberspace each day (many of them are spam!).

E-mail messages are faster and cheaper than mailing E-mail messages are faster and cheaper than mailing letters/sending faxes.letters/sending faxes.

E-mail is Analogous to…


E-mail TipsE-mail Tips

Never commit anything to e-mail that you Never commit anything to e-mail that you would not want to be public knowledge.would not want to be public knowledge.

Be sure e-mail notes are politically correct. Be sure e-mail notes are politically correct. (Do not send abusive, harassing, (Do not send abusive, harassing, threatening or bigoted messages)threatening or bigoted messages)

Avoid sarcasmAvoid sarcasm


IV. Using the E-Book and IV. Using the E-Book and Accompanying TextAccompanying Text

Materials on the webMaterials on the web- you can access via the Suffolk Web Site @- you can access via the Suffolk Web Site @www.mycyberlawclass.comwww.mycyberlawclass.com

““E-Business Legal Handbook” E-Business Legal Handbook” (3(3rdrd Edition) Edition) by Rustad & Daftary.by Rustad & Daftary.

Pay attention to instructions on the website Pay attention to instructions on the website regarding the reading assignments – many regarding the reading assignments – many assignments are not as long as they seem!assignments are not as long as they seem!


V. Course ExpectationsV. Course Expectations

Grading PolicyGrading Policy

Reading AssignmentsReading Assignments

Class ScheduleClass Schedule

Class InteractionClass Interaction


Final Project & PaperFinal Project & PaperProject and papers are based on scenarios on the course Project and papers are based on scenarios on the course web site.web site.Final project:Final project:– ½ hour presentation related to legal scenario with group of 2-3½ hour presentation related to legal scenario with group of 2-3– Group creates business plan related to scenario and associated web Group creates business plan related to scenario and associated web

site.site.2 students take opposing sides to discuss legal presentation2 students take opposing sides to discuss legal presentation1 student takes role of CEO and presents the business plan and web 1 student takes role of CEO and presents the business plan and web sitesite

Final paper:Final paper:– 10+ pages based on scenarios 10+ pages based on scenarios

Answer questions in the hypoAnswer questions in the hypoWell researched with citesWell researched with citesFocus is on analysisFocus is on analysis


VI. Questions & AnswersVI. Questions & Answers

Advanced Technology Seminar

Technology

Transcript of Advanced Technology Seminar