Guarini Colloquium: The International Law of Global Digital Corporations

Global internet corporations (e.g. Amazon, Apple, Facebook, Google, Microsoft, Twitter) have played leading roles in shaping the transnational digital order, enabled by light regulation and robust liability protection in the US. Their platforms make rules, and their lobbying has influenced both national regulators and international treaty negotiators especially in the digital trade chapter of the Trans-Pacific Partnership and similar agreements. But these US companies are encountering increasing state and EU regulatory pushback, and a different approach prevails in China, the home of several world-leading internet companies (e.g. Alibaba, Huawei, Ten-Cent). All of these interactions spill over into some remaking of traditional international law. Part I of this course begins with basics about the Internet’s technological foundations, infrastructure, and governance. We then canvas core legal concepts and ideas about cyber-law, cyber-conflicts, and regulation (eg anti-trust, privacy, tort, jurisdiction, state responsibility) in global contexts. This includes a practical simulation and reflections on lawyering in a global digital corporation, assisted by a lawyer from Google. In Part II, invited speakers from industry and academia discuss current controversies, novel technologies, and regulatory challenges. We seek collectively to distill from this some of the most promising ideas for rethinking international law in the digital era. Students will learn about the interaction between lawyers, engineers, regulators, and other actors during the planning, launch, and operation of a digital product. Students may write two or three short papers due during the semester; or a single longer book or case analysis, analytic-policy paper, or research paper, these will be due by January 16, 2019. (For those writing a longer paper for the "substantial writing" Writing Credit, a full draft is due November 26 for comments, and the final version is due January 16, 2019.)

Course Code: LAW-LW.12657.001 Semester: Fall 2018 Type: Colloquium Course Topics:

• Comparative and Foreign Law
• Intellectual Property and Information Law
• International Law

Credits: 2

Prerequisite(s): None Corequisite(s): None Recommended: None If different for LLM students, please explain: LLM students should ideally have taken a core international law course may have been taken at any university. Mutually Exclusive with: None Is permission of the instructor required to register? No

Credit/Fail Option (For JD Students Only) Will this course be available to JD students on a credit/fail basis? No

ABA Standard 314. Assessment of Student Learning What assessment method does this course provide? Both Formative and Summative assessments Description: Assessment is based on final papers, preparatory steps leading to these, participation including in the simulation, and class discussion. Multi-media formats may be chosen by a student with instructor approval.

Examination Procedures Will there be an examination in the above course? No Will there be a midterm exam in the above course? No

Writing Requirements Is there a substantial/option A writing credit requirement or option? Yes Is there a option B writing requirement or option? By Permission of Instructor Only

Other Course Requirements Preparation for and participation in a simulation (during class hours) will be required, in addition to the student's own research paper.

S - Seminar and/or Colloquium. These courses have limited enrollment. They require faculty permission to withdraw after the drop/add deadline.X - Please see the specific schedule of classes since this class does not have the usual 14 week semester. See course description for details.