Stacey Dogan

Technology platforms — the intermediaries that shape as well as enable our social and professional interactions, media consumption and game playing, online purchases, and more — have long been treated with cautious deference by lawmakers and regulators concerned that government interference could hamper innovation. But that has changed in recent years, with calls from all sides of the political spectrum to rein in the power of today’s tech giants through a variety of different legal reforms addressing consumer privacy, freedom of speech, algorithmic bias, anti-competitive behavior, and more. Even when action at the federal level is variable and unpredictable, the states have shown an interest in litigation and legislation to force platforms to internalize some of the harms associated with their operations. This seminar will explore the legal framework for platform regulation in the United States, with an emphasis on platforms' role in enabling harmful third-party conduct. We will begin by contrasting the treatment of intermediaries under copyright and trademark law with the almost-complete immunity that Section 230 of the Communications Decency Act confers for non-IP claims. We will then turn to current debates over whether platforms should face greater responsibility for preventing or limiting internet-related harms, and will close with a unit on platform antitrust law. Given the fast-changing landscape, precise topics will be determined in the lead-up to the semester, but they may include perceived political bias, algorithmic amplification, mis/disinformation, and responses to government efforts to influence rather than mandate platform behavior. RECOMMENDED COURSES: There are no specific required or recommended courses. However, students may benefit from previously or contemporaneously taking other classes related to law and technology, including classes concerning intellectual property, information privacy, or cybersecurity, or classes in relevant subject matters such as antitrust or First Amendment law. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement in part or in full. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment."

This series consists of two currently offered lecture series: Social Justice for Data Sciences Lecture Series and Cyber Alliance Speaker series. The Social Justice for Data Science Lecture Series, hosted by the Faculty of Computing and Data Sciences and the Law School, brings together leading scholars in law, computer science, humanities, and social science to examine the current state of data science and social justice. The goal of the series is to engage with the relationship between justice (as a historically contingent and value-laden category) and data science (with a focus on datafication, automation, predictive analytics, and algorithmic decision-making). The series holds four sessions that are each an hour and half long in the fall term. The Cyber Alliance Speaker Series hosted by the Faculty of Computing and Data Sciences, Law School, and Questrom School of Business, bring together leading scholars working in the areas of law, technology, business, and policy. The series holds five sessions that are each an hour and half long throughout the Fall and Spring term. The Colloquium will expose students to cross-disciplinary talks and presentations and enable students to think critically about law, computation, and data sciences. To prepare for each session, students will read the speaker’s paper or a prior paper and will write short reaction responses that include three questions. Lecture dates to be announced. GRADING NOTICE: This year-long course is graded Pass/Fail at the end of spring term.

Conceptual analysis and underlying policy considerations in basic property law.

This course will examine the principles of trademark and unfair competition law. We will investigate issues of ownership, protectability, and infringement in the context of words, symbols, slogans, product design and other forms of trade dress. We will explore the policy reasons for protecting marks and the limiting principles that protect competition, speech, and other interests. The course also will include a brief introduction to false advertising and the state law right of publicity.