76106 Technology Law, Policy and Ethics (Capstone 1)
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Subject handbook information prior to 2021 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((120 credit points of completed study in spk(s): C10124 Bachelor of Laws AND 108 credit points of completed study in spk(s): STM90832 LLB Core Subjects) OR 108 credit points of completed study in spk(s): STM90691 144cp Law Stream )
Description
This subject explores the policy and ethical issues that arise in light of the impact that technology is having on the world and the role of lawyers in shaping policy and protecting vulnerable populations. Lawyers need to be adaptive and technically capable. This subject explores the ethical and policy issues arising from these new threats to our freedoms, privacy, and security, caused by innovative technologies; as well as possible uses of new technology to find solutions to some of the world's wicked problems.
This subject engages with changes and challenges as a result of technological developments that could be addressed by the law including:
- the automation of legal and discovery processes, which erodes the possibility for human review and oversight; and social media, online payments, and big data enable governments and private organisations to monitor our moves and listen to our conversations.
Additionally, technology offers an opportunity to resolve some of the United Nations' problems in achieving its 22 Sustainable Development Goals
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify policy and ethical issues considerations arising from the government’s increasing access to more sophisticated means of surveillance and the legal tensions between secrecy vs privacy; and public safety vs civil liberty. |
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| 2. | Evaluate new risk, obligations and ethical issues for the courts and practitioners arising from the use of technology in the delivery of justice and legal services and collaborate in groups and online to generate ideas and possible solutions to the challenges arising from new technologies. |
| 3. | Prepare and present lightning talks to the rest of the seminar. |
| 4. | Explore and reflect on the way that disruptive technologies challenge regulators across global jurisdictions, in particular the UN Declaration of Human Rights and the UN’s 22 Sustainable Development Goals. |
| 5. | Investigate how existing statutory instruments can regulate new business and payments models enabled by disruptive technologies. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1: Students’ Preparation for Learning
Students engage in independent study to develop, deepen and consolidate knowledge and understanding of relevant issues. Students read cases, legislation and articles and listen to TedTalks and similar online resources before attending seminars (see Strategy 2 below) to prepare for tutorial activities including collaborative discussion. It is a goal for students in this subject to familiarize themselves with the United Nations 22 Sustainable Development Goals and consider which of them may be more readily achieved with the use of technology; and the key role lawyers can play in ethical policy-making.
Strategy 2:
This subject is taught by academics and guest lecturers who specialise in legal technology. Students build on their preparation and engagement through participation in interactive seminars. Each week, students engage in discussion and oral presentations (including lightning talks) on various aspects of legal issues arising from disruptive technologies. Students receive immediate feedback from their tutor and peers (see Strategy 4 below). Students have the opportunity to ask questions of their peers and of the teacher to assist them in consolidating their own learning. By testing their knowledge and learning from others the class discussions allow students to gauge how successful they have been in their critical reading,
Students identify their Lightning Talk topic at least three weeks prior to the online presentation. Students are given guidance as to the best resources for their research and have access to an exemplar provided via Canvas. These presentation and distillation skills are important because lawyers need to be able to explain or summarise complicated concepts into brief descriptions in plain English so that they may readily be understood by their client or the Court.
Collaborative in-class activities will include hypothetical problems based on real cases, designing an app in groups throughout semester and engaging with policy questions about the role of the law in technology.
Strategy 3: Online learning
Students access material for self-directed learning and engage in student-led discussion on key topics on Canvas. Throughout the session, students share their questions and ideas on this open discussion forum, with prompt guidance and contributions from the Subject Coordinator.
Strategy 4: Ongoing Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback form an important part of the learning process. The marking criteria for assessment tasks 1, 2 and 3 are provided prior to the commencement of formal classes. As an early low-stakes task, students submit responses to questions about their topic and preparatory research on The Conversation article at the end of Week 3. During Week 4 students provide each other with written feedback on their responses to those questions.
Subject Delivery: Three hour seminars once a week, over 12 weeks
Content (topics)
- Key concepts in technology law, policy and ethics
- The law’s obligation to keep pace with technology
- Lawyers as advocates for vulnerable populations in a world disrupted by technology
- Blockchain (and other technological) solutions to the world’s wicked problems
- Privacy, policy and ethics in a digital global environment
- Surveillance, smart phones, and sensors: drawing a line on what’s legal
- Regulating Robots
- Law and Ethics for Adoption of autonomous weapons
- Emerging policy issues in technology law
- Ethical frameworks in technology law
Assessment
Assessment task 1: Preparation, Participation and Collaboration
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 25% |
| Length: | 1,000 words equivalent |
| Criteria: | Preparation, Participation and Collaboration will be assessed against the following criteria:
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Assessment task 2: Lightning Talk
| Intent: | Students present a pre-recorded Lightning Talk. The mark for this task will be provided in writing following the end of the Lightning Fair. |
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| Objective(s): | This task addresses the following subject learning objectives: 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1 and LAW.3.1 |
| Weight: | 10% |
| Length: | 500 words equivalent |
| Criteria: | Lightning Talks will be assessed against the following criteria:
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Assessment task 3: Article (nominally for submission to The Conversation)
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 25% |
| Length: | 1200 words (article) |
| Criteria: | Articles will be assessed against the following criteria:
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Assessment task 4: Take-home Exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 40% |
| Length: | 2,000 words |
| Criteria: | Exams will be assessed against the following criteria:
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