Cyber Law
This course consists of two broad themes in the digital world. The first half of the course examines various legal concerns that broadly affect citizens and private entities – from basic cybersecurity, freedom of expression, internet regulations, information-gathering and access to information, privacy, to intellectual property and other topics. The second half of the course examines legal authorities of, and limits imposed on U.S. government organizations and personnel (e.g., domestic law enforcement agencies) involved in cyber investigations. These inquiries encompass the U.S. Constitution and relevant laws, regulations, directives, and policies. The second portion of the course also introduces students to legal and policy concerns that arise in international cyber operations. Course content meets the National Security Agency’s legal requirements for a Center for Cybersecurity Excellence in Operations designation, which ODU now holds.
Gulland, M. (2023). Cyber Law Syllabus. Old Dominion University Canvas.
Students will gain exposure to and a basic understanding of the following topics (Gulland, 2023):
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1) Overview of the U.S. legal system, including Article I, Article II and Article III of the U.S.
Constitution, and the court system, including the Foreign Intelligence Surveillance Act (FISA) and the
Foreign Intelligence Surveillance Court (FISA)
2) Freedom of expression fundamentals in the digital world
3) Overview of internet regulations
4) The role of government in accessing and protecting information in the digital world
5) Overview of intellectual property in the digital world: copyright, patents, trademarks, and trade secrets
6) Privacy, invasion of privacy, banners, and the role of consent
7) Key laws, terms and processes governing governmental searches and seizures in the cyber world.
These include the Fourth (Search and Seizure) and Fourteenth (Due Process) Amendments of the U.S.
Constitution; Electronic Communications Privacy Act (18 USC 2510-2522); Stored Communications Act
(18 USC 2701-2712); Pen Register/Trap and Trace (18 USC 3123-3127); Foreign Intelligence
Surveillance Act (FISA) (50 USC 1801 et seq); key differences between intercepting/obtaining content
versus transactional records and data (including metadata); court orders; subpoenas; writs; national
security letters, and other terms
8) Overview of various substantive crimes that arise in the cyber/computer world, such as those found in
Title 18 United States Code (USC), especially the Computer Fraud and Abuse Act (18 USC 1030);
Economic Espionage Acts (18 USC 1831-32); national security crimes (18 USC 791-797); and other
federal laws
9) The investigative and operational roles that federal and military agencies play in cyber security
(consider various orders (e.g., EO 12333) and directives), with special emphasis on the Domestic Incident
Response National Response Framework.
10) Overview of the Communications Assistance for Law Enforcement Act (CALEA)
11) Perspectives on investigating and prosecuting cybercrime
12) Basics of International Law and Law of War, including Jus ad bellum, Jus in bello, United Nations
Charter/Article S1, and the Hague and Geneva Conventions
13) Overview of the Tallinn Manual, Cyber Attacks, Cyber Vandalism, and Cyber Operations
14) National cybersecurity efforts, particularly Einstein 2.0 and later versions that are used to protect
civilian unclassified networks in the Executive Branch of the U.S. government
Course Material
Freedom of Expression and Internet Governance and Domain Name MEMO Exercise:
Cybercrime Overview, Privacy Theory, Investigations and Current Issues MEMO Exercise: