Cyber Law
Students will gain a broad knowledge of constitutional, civil, criminal, and related legal considerations that arise in the context of work or citizenship in an increasingly cyber/digital world. Whether the student seeks a career in the public or private sector, the student will gain insight into both the limits and authorities on government or private sector activities, from the creation and protection of intellectual property, to the investigation of unlawful cyber activities, to the considerations of cyber operations in an increasingly dangerous world. This broadened awareness will help students successfully navigate and strengthen personal and professional choices as they move ahead.
Course Material
Assignment 1
Write a memorandum (i.e., use common memorandum format such as to/from/subject line/date) from you (using your name) to “Duphus Dillinger, CEO, RedBlue” that is broken up into three parts:
- Part One: Explain what “state action” is as we’ve studied the concept in this class, and analyze the claim that it protects the speech rights of RedBlue’s members. A well-written answer will (1) define and discuss state action as a concept, and then (2) apply that concept to the argument made by some RedBlue members that RedBlue cannot constitutionally restrict their speech on the website because of the First Amendment.
- Part Two: Provide an overview of “net neutrality” in America. Specifically: (1) define the term adequately and give examples, if useful; and (2) give a general summary of the net neutrality rules, regulations, that we saw during the Obama presidency, Trump presidency, Biden presidency, and where we are likely headed in the future based on recent court rulings and the second Trump term (including what has happened in the news very recently).
- Part Three: Explain to Dillinger your personal opinion on the net neutrality debate regardless of how that may affect RedBlue. In other words, (1) where do you come out on net neutrality, (2) why do you come out that way, and (3) why should others agree with you that your position is the most sensible?
Assignment 2
Write a memorandum (i.e., use common memorandum format such as to/from/subject line/date) from you (using your name) to “Acting Supervisory Special Agent, Mark Moronovich” that is broken up into three parts:
Part One: Analyze the constitutionality of SA Dumas’ execution of the search warrant. Specifically, (1) explain whether when searching the desk drawer SA Dumas could rightfully seize both thumb drives and conduct a later search of those drives offsite rather than on scene; (2) explain whether his seizure of the photograph was justified; and (3) regardless of how you answered the preceding question, provide brief guidance on how SA Dumas could best have dealt with the photograph from an investigative standpoint.
Part Two: Analyze the warrantless search and seizure of Calderone’s phone and state whether such search was lawful. What arguments are there for and against such a search, and which argument prevails? Provide support for your position by citing materials we studied in class.
Part Three: Advise on the propriety of SA Dumas’ plan to proceed with the charges on Calderone based on the criminal complaint. Support your analysis with proper citation to controlling authority.