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JUS5650 - Enforcement and Dispute Resolution in a Digital Context

Facts about this course: Credits: 10 Level: Advanced course at master's level Teaching semester: Every spring semester Examination semester: Every spring semester Language of instruction: English Administrated by: The Faculty of Law

Detailed course information - Current and previous semesters: Spring 2012

Course content

The point of departure of the course is the increasing use of distributed computer networks, such as the Internet, to facilitate an ever greater array of transactions. The course studies the debilitating effects of this development on the ability to apply and enforce legal norms and thereby resolve disputes, focusing particularly on the phenomenon of computer crime—i.e., crime which is either directed primarily at computers and other forms of ICT or is perpetrated entirely or largely by use of ICT. A second strand of the course analyses certain remedies to the difficulties in enforcing legal rules in a digital online world. Special attention is paid in this regard to the possibility and desirability of “automated” enforcement methods based on the use of ICT, and to forms of electronic alternative dispute resolution (e-ADR).

The chief instruments examined in the course are the Council of Europe Convention on Cybercrime (2001), EU Council Framework Decision on attacks against information systems (2005), EU Commission Recommendation on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes (2001), and EU Council Resolution on a Community-wide network of national bodies for the extra-judicial settlement of consumer disputes (2000). Account is also taken of relevant Norwegian rules, particularly the domestic legislation on crime and criminal procedure.

Learning outcomes

The primary objective of the course is to provide insight into the regulatory impact of ICT as such; that is, to analyse the significance and role of what has been termed “lex informatica” (Reidenberg). This involves understanding the interaction of legal norms with the regulatory effects of ICT and other non-legal measures, such as ADR schemes.

A secondary objective is to impart understanding of the difficulties in combatting computer crime and similar nefarious online activity, and of the possibilities and limits of utilizing technological “fixes” for such difficulties.
A further aim of the course is to elucidate the history of the development of schemes for e-ADR, together with the pros and cons of such schemes.

Admission

Students who are admitted to study programmes at UiO must each semester register which courses and exams
they wish to sign up for by registering a study plan in StudentWeb.

You may register for this course if you have admission to a Master of Law-programme at UiO, the faculty's exchange-programme or have admission to Law-electives at masters-level. All applicants must fill the formal prerequisites.

International applicants, if you are not already enrolled as a student at UiO, please see our information about admission requirements and procedures for international applicants

Prerequisites

Formal prerequisites

Students must fill one of these requirements:

• Passed 1st - 3rd year of studies in Master's of Law (or examinations that qualify for exemption from these) or
• Passed Part I and II of the obligatory section of the 1996 variety of the Cand. Jur studies (or examinations that qualify for exemption from these) or
• Admission to a study programme at Master's level at the University of Oslo or
• Having a law degree or equivalent or
• Being an exchange student attached to the faculty

Recommended prior knowledge

Three years of law studies

Overlap

5 credits against ICTLECOMM - E-Commerce Law.

Teaching

Lectures/seminars, 20 hours.

Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.

Teaching takes place throughout the semester.

Criteria for access to teaching resources

A student who has completed compulsory instruction and coursework and has had these approved, is not entitled to repeat that instruction and coursework. A student who has been admitted to a course, but who has not completed compulsory instruction and coursework or had these approved, is entitled to repeat that instruction and coursework, contingent on available capacity.

Exam information

Term paper with a maximum of 4000 words.

A draft should be handed in in the middle of the semester, maximum 5 pages. Delivery of the draft is mandatory. Students are awarded either a passing or a failing grade on the draft.

Exam resources

Regulations for support materials permitted at examination for courses taught in English

Language of examination

The language of examination for this course is English. This means
that the examination question will be given in English, and students
may answer in English only.

Assessment and grading

Course grades are awarded on a descending scale using alphabetic grades from A to E for passes and F for fail. Read more about the grading system .

Explanations and appeals

Students can request an explanation of their grades, and can also appeal against their grades or make a complaint about formal examination errors. Read more about explanations and appeals

Possibility of make-up exams and re-takes

If a student has submitted a written assignment a second time in the same course s/he can only submit it in a new version. This means that there must be another title and theme, or that the new version must be considerably changed from the first version.

Students who wish to retake the exam in a later semester are not guaranteed that the course is ever repeated with a similar reading list, nor that the exam arrangement will be the same.

You can usually resit an exam, but the conditions depend on whether you had a valid reason for absence from the regular exam. Read more about resitting an exam .

Withdrawing from exams and limits on re-takes

A study programme may have rules that further limit the number of times a student may re-take this exam. In such instances the rules of the study programme will have priority.

A student can sit for this exam up to 3 times. If a student wishes to withdraw from the exam, s/he must do this in StudentWeb at least two weeks prior to the first day of the exam. Failure to do so will be counted as one of the three opportunities to sit for the exam.

Exam options for students with special needs

Students may apply for access to alternative exam resources or exam forms on the basis of chronic illness and/or special needs that create a marked disadvantage to other students in the exam situation. Mothers who are breastfeeding may apply for extra time to complete the exam.

Evaluation of this course

Feedback from our students is essential to us in our efforts to ensure and further improve the high quality of our programmes and courses. As a student at the University of Oslo you will therefore be asked to participate in various types of evaluation of our courses, facilities and services. All courses are subject to continuous evaluation. At regular intervals we also ask students on a particular course to participate in a more comprehensive, in-depth evaluation of this course, a so called "periodic evaluation".

Other information

The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.

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