Welcome to the Internet Marketing and Privacy Law seminar. This seminar meets on Thursday evenings for ten sessions beginning at 6:00 p.m. We will explore this topic through discussions, hands on training, student presentations and guest lectures.

COURSE MATERIALS

There is no textbook for this class. Course materials will be posted periodically at the reading materials section of this Web site. Please check the reading page regularly, as reading assignments will be updated frequently.

GRADES AND COURSE REQUIREMENTS

Grades will be based on class participation [25%], an in-class presentation [15%], and a final paper [60%].

CLASS PARTICIPATION -- Please plan on attending the classes and adding your thoughts and insights in the class discussions.

IN-CLASS PRESENTATION -- Each student will present an outline and lead an in-class discussion (approximately 15 minutes in length) on a current issue relevant to the class. Each presentation should take the class a step beyond the course materials and discuss items in the news, pending legislation (federal and state), any current legal cases of interest, and identifiable trends. A list of suggested topics is included at the end of this syllabus. Please pick your top three choices for your in-class presentation and provide that list at the beginning of the second class meeting. You may propose additional topics, but those proposed topics should be raised prior to the beginning of the second class. Depending on enrollment, the instructor may authorize group rather than individual presentations. Students will be notified of their assigned topics and presentation dates before the third class meeting. (Note that the same topic may not be used for both the in-class presentation and the research paper.) The in-class presentation will constitute 15% of the final course grade. Creativity is greatly appreciated and handouts or other audio/visual materials are strongly encouraged.

FINAL PROJECT -- The student may pick a final assignment from the choices below.

RESEARCH PAPER: Students may prepare a paper of a style and quality suitable for publication. Students should provide the instructor with a proposed topic and thesis by October 2, 2008. Possible paper topics are included at the end of this syllabus, but please do not feel limited to those suggestions. Thesis papers will be evaluated based primarily upon three factors: depth and clarity of analysis; originality and difficulty of the problem; and persuasiveness of argument. Proper use of authority is required. Citations should be rendered in a standard form, and should appear in footnotes or endnotes. Note: Those students who wish to submit a second draft of their paper for an extra credit must obtain written permission from me and submit a seminar add slip within the deadline required by the Registrar's office. I will attempt to accommodate those that wish to submit a second draft, but, depending on the number of students who request to do so, I may need to limit the number. Thus, in the event that you wish to submit a second draft in this course, I urge you to discuss the matter with me as soon as possible.

ALTERNATIVE FINAL PROJECT: After consultation with the instructor, and receiving clearance from the instructor, students may also choose to perform a final project substantively dealing in depth with a topic relevant to this course.  In the past, students have, for example,:  (a) prepared a detailed fraud investigation memo both identifying a target for possible law enforcement action based on the gathering of information pursuant to investigative techniques discussed in class, and a detailed analysis of the particular law or laws that is allegedly being violated by the target and prior cases or matters involving the same type of law violation and/or same factual scenario that serve as precedent for your assertion that the target is engaged in law violations; and (b) a comprehensive website or blog dealing with a topic discussed in this class.  Please note that alternative final projects largely will be graded on three criteria: (1) the submittors' understanding and explanation of the law(s) and issues being presented in the final project; (2) the submittor's investigation techniques and information digging abilities; and (3) the originality and clarity of the presentation.  

CLASS SCHEDULE

Session One: Introduction -- September 11, 2008, 6 p.m. to 7:50 p.m.

T his session will provide an overview of the class. We will consider the various marketing techniques used on the Internet. We also will review some of the legal issues involved in Internet marketing. We will also identify and discuss the roles of many of the major institutions that attempt to combat online fraud.

Session Two: Policing the Internet -- September 18, 2008, 6 p.m. to 8:45 p.m.

This session provides an overview of how the Internet works and who "runs" the Internet. We will explore some of the laws that apply to online marketing. We will also explore how law enforcement agencies conduct investigations of Internet fraud.

Session Three: Internet Advertising and Marketing Issues -- September 25, 2008, 6 p.m. to 7:50 p.m.

T his session will examine rules of advertising over the Internet. The session will look at different online advertising programs and ways in which those programs can be abused.

***** Guest Speaker -- Charlie Stone, Stone Road Productions

Session Four: Spam -- October 2, 2008, 6 p.m. to 8:45 p.m.

This session examines commercial e-mail as a marketing tool. The class will examine the email system and review the federal CAN-SPAM law. The class will attempt to define the problem of "spam" and consider potential solutions.

Session Five: Online Privacy Issues -- October 16, 2008, 6 p.m. to 8:45 p.m.

This session examines privacy issues over the Internet. The class will consider some of the Web technology that cause concern, the legal landscape and the policy implications of privacy protection.

***** Guest Speaker -- Liisa Thomas, Partner, Winston & Strawn

Session Six: Internet Fraud Investigations -- October 23, 2008, 6 p.m. to 8:45 p.m.

This session provides a more detailed discussion of Internet fraud investigation techniques. This class will additionally look at various laws that affect what information the government can obtain during Internet investigations.

***** Guest Speaker -- Adam Sokol, Assistant Attorney General, Illinois AG's Office

Session Seven: Adware and Spyware -- November 6, 2008, 6 p.m. to 7:50 p.m.

This session examines the use of adware and spyware to draw traffic to Web sites.

Session Eight: Internet Security -- November 13, 2008, 6 p.m. to 8:45 p.m.

This session examines security issues over the Internet, especially the problem of breaches of sensitive information. The class will consider some of the Web technology that causes concern, the legal landscape and the policy implications of security protection. This session also will consider the Internet's role in the problem of identity theft, exploring ways that identity theft occurs, and how the problem is being addressed.

Session Nine: Criminal Internet Investigations and Prosecutions -- November 20, 2008, 6 p.m. to 7:50 p.m.

This session examines criminal investigations and prosecutions involving fraud over the Internet.

***** Guest Speaker -- Brian Brusokas, Special Agent, FBI

Session Ten: The Future of Internet Marketing -- December 2, 2008, 6 p.m. to 8:45 p.m.

This session will wrap up the semester by discussing the latest hot topics and consider what the future of Internet marketing may hold with the influx of new technology such as wireless Internet, mobile devices, VOIP and interactive television.

POSSIBLE PAPER TOPICS

**** The legal justification for liability for operators of Internet affiliate advertising programs.
**** When, if ever, should it be illegal to get hacked?
**** When does copyright infringement cross the line into fraud, i.e., use of metatags, dummy domain names?
**** Do email blocklists violate the law?
**** Does an ISPs monitoring of its customer's web usage violate the federal Cable Act?
**** Does the need by law enforcment for accurate "whois" information trump the right of Internet users to remain anonymous?
**** Could legislation protect location based wireless device advertising abuse?
**** Analysis and critique of the CAN-SPAM Act
**** The justification for liability of distributors of bulk email spam software.
**** An analysis of whether the "whois" domain name registration system should be amended.
**** Are proxypots illegal wiretaps?
**** The legal basis for an opt-in requirement for targeting ads.
**** Should the owner of an open wireless access point be liability for someone else committing an illegal act while using the wireless access?
**** Is there or should there be a legal requirement for P2P file sharing operators to disclose risk information to their users?
**** Can behavioral targeted advertising be illegal wiretapping?
**** The present legal powers to attack spyware and whether federal legislation is necesary.
**** An analysis of whether domain name registrars or Internet service providers have civil or criminal liability as assisters or facilitators of Internent fraud?
**** When does seach engine marketing cross the line into fraud?
**** When is a security violation "unfair" under the FTC Act?
**** International law issue -- should there be an International body that resolves Internet fraud issues?
**** Is there a legal justification for making a Web site designer or ISP liable for fraud on its system (contributory liability)?

POSSIBLE PRESENTATION TOPICS

**** What are the latest credit card industry innovations to minimize credit card fraud?
**** What is the role of alternative payment systems (e.g., PayPal, Firecash) in fraud on the Internet?
**** What are the privacy issues involved with location based wireless devices?
**** Did the leak of customer search queries by AOL violate the law?
**** What does Google know about its users?
**** What is SPEWS, what does it do, and why is it controversial?
**** What are the privacy issues with RFID tags?
**** What are/were carderplanet and shadowcrew, and what do they have to do with ID theft?
**** Describe COPPA in detail and provide examples of law enforcement action.
**** What a "Do Not Track Me" list akin to the federal Do Not Call telemarketing list work?
**** What is a rootkit, and why does Song BMG care about them?
**** How prevalent is search engine click fraud?
**** What are botnets and what do they have to do with this class?
**** What are proxypots, and how are they relevant in investigation illegal spam?
**** What is the ECPA , and how does the statute affect the investigation of Internet fraud?
**** Are unsolicited messages sent over social network sites "unsolicited commercial email messages under the CAN-SPAM Act?
**** What is the RTFPA, and how does the statute affect the investigation of Internet fraud?
**** What is "pharming" and how is it relevant to this class?
**** What are the EU Safe Harbor rules, and are they relevant to U.S. commerce?
**** What is "Spit," as it relates to VOIP?
**** Why do NebuAds and Phorm have people concerned?
**** What is CALEA and why does the DOJ want it updated?
**** Why did TIVO know that Janet Jackson's "waredrobe malfunction" was the most-watched moment to date on its device, and should we care?

Steven Wernikoff, Adjunct Faculty

Last updated 20 September 2008