John Jay Sec 213 Cyberlaw
Fall 2024
Weekly topics and reading
Based on the forthcoming book: "Cyberlaw: Law for Digital Spaces and Information Systems", by John Bandler (expected December 2024).
Introduction
Since my book is not yet published, it is not ready for Fall 2024. But I already have extensive online resources to supplement the book, and upon which I based the book. So that is what we will use for Fall 2024.
The weekly reading links are laid out below. Do the reading before class meets so you can participate, share, and learn more. The syllabus and LMS are your main course resources for course instructions and requirements. This page is provided as a convenience.
Menu (jump links)
- Week 0 and course resources
- Week 1 - Course introduction - Cyberlaw learning mindset
- Week 2 - Introducing law (and our paper project)
- Week 3 - Introducing criminal and civil law plus discussing two important amendments
- Week 4 - How we got to cyberlaw
- Week 5 - Criminal cyberlaw 1
- Week 6 - Virtual currency, money laundering and cybercrime
- Week 7 - Civil cyber law introduced
- Week 8 - Contract, cyber insurance, sector specific laws
- Week 9 - Intellectual property law
- Week 10 - Data law 1: Data breach and cybersecurity
- Week 11 - Data law 2: Privacy, AI, some data laws to review
- Week 12 - Cyber conflict between nations
- Week 13 - Speech and expression in cyberspace
- Week 14 - Organization management and compliance, including with cyber
- Bottom
Week 0 and throughout - Course Materials
Important course materials and resources include:
- The learning management system (LMS) which includes
- Syllabus
- Welcome & orientation video
- Announcements
- Assignments
- Discussion
- Course Resources
- Final paper project
- Everything (search my site)
- John Jay Library
- John Jay Student Resources
- Factual nuggets and quiz study material: Start at Things to know and navigate to intro to law, cyberlaw, etc.
Week 1 - Course introduction - Cyberlaw learning mindset
Topics track future Cyberlaw book chapters 1-4
Topics
- Cyberlaw learning mindset
- Why cyberlaw
- Cyberlaw introduced
- Rules
- Course introduction and overview
- Syllabus review
- Tips on learning and studying
Reading (read before class)
- Syllabus
- Cyberlaw, https://johnbandler.com/cyberlaw/
- Rules, https://johnbandler.com/rules/
- Writing, https://johnbandler.com/writing/
- Email Basics, https://johnbandler.com/email-basics/
- How to Write a Paper, https://johnbandler.com/how-to-write-paper/
- How to Learn and Study, https://johnbandler.com/how-to-learn-and-study/
- How to Take an Exam, https://johnbandler.com/how-to-take-an-exam
- Cyberlaw book resources, https://johnbandler.com/cyberlawbook-resources
- Cyberlaw book, https://johnbandler.com/cyberlawbook
- Artificial Intelligence and Human Writing and Thinking, https://johnbandler.com/artificial-intelligence-writing-thinking/
- AI's promise and problem for law and learning, https://johnbandler.com/ai-promise-and-problem/
- A guide to citations and references, https://johnbandler.com/guide-citations-references/
- Helpful Legal Resources and Links, https://johnbandler.com/helpful-legal-links/
Weekly reminders (details for every week)
- First discussion post due by Tuesday at 11:59pm, preferably earlier by class time
- Discussion replies due Friday at 1159pm.
- Note that this week you reply to all of your classmates
- Assignment due Friday at 11:59pm
- Prepare for class so you can participate
- After you have finished the assigned reading, feel free to further your learning by researching reliable sources
Week 2 - Introducing law (and our paper project)
Topics track these future Cyberlaw book chapters: (4) 5-7
Topics
- Introducing law and our legal system
- Rules (recap)
- Law
- U.S. Constitution and Amendments
- Introduction to final paper, discuss paper topics
- Tips on writing a paper
Reading (read before class)
- Rules, https://johnbandler.com/rules/ (recap)
- Ethics, https://johnbandler.com/ethics/
- Law, https://johnbandler.com/law/
- Law in the United States Introduced, https://johnbandler.com/law-in-united-states-introduced/
- U.S. Constitution and Amendments, https://johnbandler.com/us-constitution/
- Video, U.S. Constitution and Bill of Rights, https://youtu.be/u8FG-ED4qeY
- Introduction to law things to know, https://johnbandler.com/things-to-know-introduction-to-law/
- How to Write a Paper, https://johnbandler.com/how-to-write-paper/
- Final Paper Project, https://johnbandler.com/final-paper-project/
- Paper Topic Ideas and Areas, https://johnbandler.com/paper-topic-ideas/
- Paper Topic Assignment, https://johnbandler.com/paper-topic-assignment/
- Writing, https://johnbandler.com/writing/ (recap)
- Email Basics, https://johnbandler.com/email-basics/ (recap)
- Artificial Intelligence and Human Writing and Thinking, https://johnbandler.com/artificial-intelligence-writing-thinking/ (recap)
Supplemental reading and research (time permitting)
- See references within materials
Weekly reminders
- Discussion
- Assignment
- Work on your paper project
Week 3 - Introducing criminal and civil law plus discussing two important amendments
Topics track these future Cyberlaw book chapters: 8-11
Topics
- Crime and criminal law introduced
- Civil law introduced
- The First Amendment
- The Fourth Amendment
Reading (read before class)
- Criminal Law, https://johnbandler.com/criminal-law/
- Civil Law, https://johnbandler.com/civil-law/
- First Amendment things to know, https://johnbandler.com/things-to-know-first-amendment/
- Fourth Amendment and cases things to know, https://johnbandler.com/things-to-know-fourth-amendment-cases/
- Cornell LII, U.S. Constitution, First Amendment, https://www.law.cornell.edu/constitution/first_amendment
- Cornell LII, U.S. Constitution, Fourth Amendment, https://www.law.cornell.edu/constitution/fourth_amendment
- Recap, Introduction to law things to know, https://johnbandler.com/things-to-know-introduction-to-law/
Supplemental reading and research (time permitting)
- N/A
Weekly reminders
- Discussion
- Assignment
- Work on your paper project
Week 4 - How we got to cyberlaw
Topics track these future Cyberlaw book chapters: 12-16
Topics
- Getting to cyber law
- Cybercrime
- Identity theft
- Other markets for your data
- Introducing technology
- Introducing cybersecurity and cybercrime prevention
- Assessing and applying law to the digital domain
- Paper topic assignment (recap)
Reading (read before class)
- FORTHCOMING, Technology today vs. 40 years ago
- Cybercrime, https://johnbandler.com/cybercrime/
- Identity Theft, https://johnbandler.com/identity-theft/
- The Three Priority Cybercrime Threats, https://johnbandler.com/priority-cybercrime-threats/
- Data breach, https://johnbandler.com/data-breach/
- Ransomware, https://johnbandler.com/ransomware/
- Email based funds transfer frauds, https://johnbandler.com/email-based-funds-transfer-frauds/
- Technology basics, https://johnbandler.com/technology-basics/
- Cybersecurity, https://johnbandler.com/cybersecurity/
- Information security, https://johnbandler.com/information-security/
- Introduction to Cybersecurity and Information Security, https://johnbandler.com/introduction-cybersecurity-information-security/
- Cybersecurity things to know, https://johnbandler.com/things-to-know-cybersecurity/
- SKIM Privacy, https://johnbandler.com/privacy/ (will return to it later)
- SKIM Risk, https://johnbandler.com/risk/
- Reread, Paper Topic Assignment, https://johnbandler.com/paper-topic-assignment/
Supplemental reading and research (time permitting)
- N/A
Weekly reminders
- Discussion
- Assignment
- ** Paper topic assignment due **
Week 5 - Criminal cyberlaw 1
Topics track these future Cyberlaw book chapters: 17-19
Topics
- The Western Express cybercrime case
- Substantive criminal laws for cybercrime ("substantive criminal cyberlaw")
- Criminal procedure and gathering electronic evidence and cybercrime evidence ("procedural criminal cyberlaw")
Reading (read before class)
- Western Express Case, https://johnbandler.com/western-express-case/
- Criminal cyberlaw, https://johnbandler.com/criminal-cyberlaw/
- Substantive criminal cyberlaw, https://johnbandler.com/criminal-cyberlaw-substantive/
- Procedural criminal cyberlaw, https://johnbandler.com/criminal-cyberlaw-procedural/
- Spend ten minutes reading each of these statutes
- NY PL 156.05, Unauthorized use of a computer, 156.10, Computer Trespass, https://ypdcrime.com/penal.law/article156.php
- NY PL 155.00, Larceny and definitions, Petit Larceny, Grand Larceny in the Fourth Degree, https://ypdcrime.com/penal.law/article155.php
- Don't read, but here are the cites if you wanted to do extra
- NY PL 190.77, 190.78, Identity Theft, definitions, Identity Theft Third Degree, etc., https://ypdcrime.com/penal.law/article190.php#p190.77
- NY PL 470.00, Money Laundering and definitions, Money Laundering in the Fourth Degree, etc. https://ypdcrime.com/penal.law/article470.php
- Computer Fraud and Abuse Act (CFAA), 18 U.S. Code § 1030 - Fraud and related activity in connection with computers, https://www.law.cornell.edu/uscode/text/18/1030
- Electronic Communications Privacy Act (ECPA),
- Title I: Wiretap Act 18 U.S.C. §§ 2510–2523, https://www.law.cornell.edu/uscode/text/18/part-I/chapter-119
- Title II: Stored Communications Act (SCA) 18 U.S.C. §§ 2701–2713, https://www.law.cornell.edu/uscode/text/18/2713
- Title III: Pen Registers and trap and trace devices 18 U.S.C. §§ 3121–3127, https://www.law.cornell.edu/uscode/text/18/part-II/chapter-206
Supplemental reading and research (time permitting)
- n/a
Weekly reminders
- Discussion
- Assignment
- Work on your paper project
Week 6 - Virtual currency, money laundering and cybercrime
Topics track these future Cyberlaw book chapters: 20-21
Topics
- Virtual currency, cryptocurrency, money laundering
- Solving the cybercrime problem
- Encryption and the "going dark" debate
Reading (read before class)
- Virtual Currency (including cryptocurrency, virtual assets..), https://johnbandler.com/virtual-currency-virtual-assets-cryptocurrency/
- Money Laundering, https://johnbandler.com/money-laundering/
- Money Mule, https://johnbandler.com/money-mule/
- Virtual Currency References, https://johnbandler.com/virtual-currency-references/
- Cryptocurrency past is prologue: before and after FTX, https://johnbandler.com/cryptocurrency-past-is-prologue-before-and-after-ftx/ to access the PDF file at https://johnbandler.com/wp-content/uploads/2023/01/Bandler-ReutersLN-Cryptocurrency-Past-Prologue-2023-01-17.pdf
- Solving the cybercrime problem, https://johnbandler.com/solving-the-cybercrime-problem/, to access the PDF file at https://johnbandler.com/wp-content/uploads/2023/03/Bandler-ReutersLN-Cybercrime-Problem-2023-3-21.pdf
- Addressing cybercrime properly, https://johnbandler.com/addressing-cybercrime-properly/
Supplemental reading and research (time permitting)
- Explore the references at: Virtual Currency References, https://johnbandler.com/virtual-currency-references/
Weekly reminders
- Discussion
- Assignment
- Work on your paper project
Week 7 - Civil cyber law introduced
Topics track these future Cyberlaw book chapters: 25-27
Topics
- Intentional torts (wrongs)
- Negligence torts
- Contract
Reading (read before class)
- FORTHCOMING ARTICLE: Intentional torts,
- FORTHCOMING ARTICLE: Cyber negligence,
- Recap/Refresh: Civil law, https://johnbandler.com/civil-law/
- Civil cyberlaw, https://johnbandler.com/civil-cyberlaw/
- Negligence Law, https://johnbandler.com/negligence-law/
- Premises Liability Law, https://johnbandler.com/premises-liability-law/
- Contract law, https://johnbandler.com/contract-law/
- Paper outline assignment, https://johnbandler.com/paper-outline-assignment
Supplemental reading and research (time permitting)
- n/a
Weekly reminders
- Discussion
- Assignment
- Work on your paper project
- ** Submit paper outline **
Week 8 - Contract, cyber insurance, sector specific laws
Topics track these future Cyberlaw book chapters: 26-28
Topics
- Contract law
- Cyberinsurance
- Regulation introduced
- Financial regulation introduced
Reading (read before class)
- Contract Law, https://johnbandler.com/contract-law/ (recap/refresh)
- Cyber insurance, https://johnbandler.com/cyber-insurance/
- Skim: Financial cyber laws, https://johnbandler.com/financial-sector-cyber-laws-regulations/
Supplemental reading and research (time permitting)
- n/a
Weekly reminders
- Discussion
- Assignment
- Work on your paper project
Week 9 - Intellectual property law
Topics track these future Cyberlaw book chapters: 28
Topics
- Intellectual property law overview
- Copyright law
- Trademark law
- Patent law
- Trade secrets law
Reading (read before class)
- Intellectual property law overview, https://johnbandler.com/intellectual-property-law/
- Copyright law, https://johnbandler.com/intellectual-property-law/copyright/
- Trademark law, https://johnbandler.com/intellectual-property-law/trademark/
- Patent law, https://johnbandler.com/intellectual-property-law/patent/
- Trade secrets law, https://johnbandler.com/intellectual-property-law/trade-secrets/
- Paper presentation instructions, https://johnbandler.com/paper-presentation-discussion-assignment/
Weekly reminders
- Discussion ** Post your three minute recorded presentation about your paper topic to the discussion board by Friday **
- Assignment (short reflection)
- Work on your paper project
Week 10 - Data law 1: Data breach and cybersecurity
Topics track these future Cyberlaw book chapters: 29-31
Topics
- Data law introduced
- Data breach notification laws
- Cybersecurity laws
Reading (read before class)
- FORTHCOMING, Data breach notification laws
- FORTHCOMING, Cybersecurity laws
- Refresh, Data Breach, https://johnbandler.com/data-breach/
- Cybersecurity Laws and Regulations 1, https://johnbandler.com/cybersecurity-laws-and-regulations-1/
- New York Cybersecurity Requirements and the SHIELD Act, https://johnbandler.com/new-york-cybersecurity-requirements-and-the-shield-act
- NYS Data breach notification statute, NY GBL 899-aa https://www.nysenate.gov/legislation/laws/GBS/899-AA
- NYS Cybersecurity statute, NY GBL 899-bb https://www.nysenate.gov/legislation/laws/GBS/899-BB
- Skim, Cybersecurity Laws and Regulations 2, https://johnbandler.com/cybersecurity-laws-and-regulations-2/
Supplemental reading and research (time permitting)
- N/A
Weekly reminders
- Discussion (watch presentations of other students)
- Assignment
- Work on your paper project
Week 11 - Data law 2: Privacy, AI, some data laws to review
Topics track these future Cyberlaw book chapters: xx-xx
Topics
- Privacy
- Privacy laws
- Artificial intelligence
- Reviewing some data laws
Reading (read before class)
- Privacy, https://johnbandler.com/privacy/
- FORTHCOMING Privacy laws
- Cybersecurity Laws and Regulations 1, https://johnbandler.com/cybersecurity-laws-and-regulations-1/
- FTC Act, https://johnbandler.com/ftc-act/
- SKIM: Cybersecurity Laws and Regulations Part 2, https://johnbandler.com/cybersecurity-laws-and-regulations-2/
- 10 minutes reading: FTC Act, 15 USC §45, https://www.law.cornell.edu/uscode/text/15/45
- 10 minutes reading about California’s privacy law (CCPA), at https://cppa.ca.gov/regulations/
- SKIM, Health Sector Laws and Regulations, https://johnbandler.com/health-sector-laws-and-regulations/
- SKIM, Financial Sector Laws and Regulations, https://johnbandler.com/financial-sector-cyber-laws-regulations/
Supplemental reading and research (time permitting)
- Explore the above in more depth
Weekly reminders
- Discussion
- Assignment
- Work on final paper
Week 12 - Cyber conflict between nations
Topics track these future Cyberlaw book chapters: 35
Topics
- Law of warfare and cyberconflict
- U.N. Charter
- International courts
- Range of actions and options
Reading (read before class)
- International cyber conflict, https://johnbandler.com/cyber-conflict/
- UN Charter Article 1 and 2, especially 2(4), https://www.un.org/en/about-us/un-charter/chapter-1
- UN Charter Article 51, https://www.un.org/en/about-us/un-charter/chapter-7
- Tallinn Manual general information including, https://ccdcoe.org/research/tallinn-manual/ and https://en.wikipedia.org/wiki/Tallinn_Manual
- “Mueller Report” Executive Summaries (Report on The Investigation into Russian Interference in the 2016 Presidential Election),
Supplemental reading and research (time permitting)
- Michael Schmitt, Grey Zones in the International Law of Cyberspace, Yale Journal of International Law (October 18, 2017), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3180687
- Michael N. Schmitt, Foreign Cyber Interference in Elections, 97 INT’L L. STUD. 739 (2021), at https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2969&context=ils, via https://digital-commons.usnwc.edu/ils/vol97/iss1/32/
Weekly reminders
- Discussion
- Assignment
- Work on your final paper
Week 13 (2nd to last week) - Speech and expression in cyberspace
Topics track these future Cyberlaw book chapters: 36
Topics
- Speech online
- Information online: fact or fiction: misinformation, disinformation, propaganda, conspiracy theories
- Cyberbullying?
Reading (read before class)
- Free Speech, the First Amendment, and Social Media (2), https://johnbandler.com/free-speech-first-amendment-social-media-2/
- First Amendment things to know, https://johnbandler.com/things-to-know-first-amendment/
- Communications Decency Act 47 U.S. Code § 230 - Protection for private blocking and screening of offensive material, https://www.law.cornell.edu/uscode/text/47/230
- Final paper assignment, https://johnbandler.com/final-paper-assignment/
- Paper submission checklist, https://johnbandler.com/paper-submission-checklist/
Supplemental reading and research (time permitting)
- n/a
Weekly reminders
- Discussion
- Assignment
- ** Submit your final paper **
Week 14 (last week) - Organization management and compliance, including with cyber
Topics track these future Cyberlaw book chapters: 37-41
Topics
- Business basics law
- Organization management and policy work
- Apply the Five Components for Policy Work to manage
- Cybersecurity frameworks (external guidance)
- The Four Pillars of Cybersecurity
Reading (read before class)
- Business Basics and Law - An Introduction, https://johnbandler.com/business-basics-and-law/
- Risk, https://johnbandler.com/risk/
- Five Components for Policy Work,
https://johnbandler.com/five-components-for-policy-work/ - Three Platforms to Connect for Compliance,
https://johnbandler.com/bandlers-three-platforms-to-connect/ - Fourth Platform to Connect,
https://johnbandler.com/bandlers-fourth-platform-to-connect/ - External guidance, https://johnbandler.com/external-guidance/
- Cybersecurity frameworks and guidance, https://johnbandler.com/cybersecurity-frameworks-and-guidance/
- NIST cybersecurity framework, https://johnbandler.com/nist-cybersecurity-framework/
- Four Pillars of Cybersecurity,
https://johnbandler.com/bandlers-four-pillars-of-cybersecurity/
Supplemental reading and research (time permitting)
- NIST Cybersecurity Framework landing page, https://www.nist.gov/cyberframework
Weekly reminders
- Discussion
- Assignment?
Bottom
Remember to consult the course syllabus and learning management system (LMS).
About the book
- Book landing page: Cyberlaw Book
- Book resources page: Cyberlaw Book Resources
- Purchase the book: Links here when published
- Purchase the online cyberlaw course
- See my Udemy page for links and coupon codes, free coupon code for current or past students
- Cyberlaw
- Cyberlaw things to know
- Course Resources
- Everything (search the site)
This page is hosted at https://johnbandler.com/jj-sec-213-cyberlaw-2024-fall, copyright John Bandler, all rights reserved.
Originally posted 8/8/2024. Updated 9/18/2024.