WEEK1 GTS231 Law and Technology.pdf

GTS231 L A W A N D T E C H N O L O G Y S E M E S T E R I / 2 0 2 4 DR.SOMRUDEE DEEPAISARN SCHOOL OF ICT @ SIIT WEEK 1: OVERVIEW OF THE SUBJECT  COURSE STRUCTURE Course Description GTS 231 Law and Technology is...

GTS231 L A W A N D T E C H N O L O G Y S E M E S T E R I / 2 0 2 4 DR.SOMRUDEE DEEPAISARN SCHOOL OF ICT @ SIIT WEEK 1: OVERVIEW OF THE SUBJECT  COURSE STRUCTURE Course Description GTS 231 Law and Technology is a 2nd-year course for CPE and DE in Semester I/2024. As a technologist, you should be aware of the relation between law and technology, and the importance of such association. In this course, we will explore issues in both private and public laws pertaining to the application of technology, Thai and international law development. General legal principles concerning civil and criminal liability, especially related to those technological aspects are summarized. You should understand the basic concepts of law: interpretation and application of the legal principles related to technology in discussion and in the real world. 3 Course Schedule Class Date Week Topic Notes Sections 1 & 2 Section 3 Section 4 g 1 Overview of the Subject 19 AUG 2024 20 AUG 2024 21 AUG 2024 2 Introduction to Law 26 AUG 2024 27 AUG 2024 28 AUG 2024 Laws Related to Technology & 3 2 SEP 2024 3 SEP 2024 4 SEP 2024 Technology Related to Law 4 The Information Society 2 SEP 2024 3 SEP 2024 4 SEP 2024 Electronic Commerce & O 5 9 SEP 2024 10 SEP 2024 11 SEP 2024 Electronic Contracts: Part I Electronic Commerce & 6 16 SEP 2024 17 SEP 2024 18 SEP 2024 Quiz 1 Electronic Contracts: Part II --- Reading Week --- No classes No Midterm Examination N/A No classes: Midterm exam period j7 8 Computer & Cyber Crime: Part I Computer & Cyber Crime: Part II 7 OCT 2024 21 OCT 2024 8 OCT 2024 22 OCT 2024 9 OCT 2024 TBA A make-up class for Section 4 is to be announced since 23 OCT 2024 is a national holiday. 8 Digital Content & Intellectual 9 28 OCT 2024 29 OCT 2024 30 OCT 2024 Property Rights 10 Torts 4 NOV 2024 5 NOV 2024 6 NOV 2024 Data Privacy & 11 11 NOV 2024 12 NOV 2024 13 NOV 2024 Quiz 2 Course Summary 12 Group Assessment 18 NOV 2024 19 NOV 2024 20 NOV 2024 --- Reading Week --- No classes 6 DEC 2024 4 Final Examination No classes: Final exam period (9:00 - 12:00) Course Statistics 262 students already enrolled (as of 18 AUG 2023). 142 3 Out of these, there are students from the programs CPE, DE, and others. h Others 2% DE 40% CPE 54% 5  Class Arrangements Lectures are conducted onsite at SIIT Rangsit Campus. Main communication channel is via Google Classroom. On-demand (recorded) lectures are available in the Lecture Note System. Lecture notes can be found in the Lecture Note System. Attending lectures onsite is important. You can also revisit and view on-demand lectures (supplied by SIIT) at a later point (not recommended for first-time viewing). 6 Lecture Date, Time and Location GTS231 Date and Time Location Section 1 Monday (9:00-12:00) RS 1-409 2 Monday (13:00-16:00) RS 1-409 3 Tuesday (13:00-16:00) RS 1-409 4 Wednesday (13:00-16:00) RS 1-410 * Please refer to the course schedule for weekly details. 7  Objective Assessments Students should … Group 1 3 % ~. Understand the basic concepts of Project (to be Quizzes: law announced): 25% - Be able to apply legal principles to 25% ② 12. 5 % real-world cases related to technological advancements, be able to extract and analyze legal issues, and realize their legal rights, duties, and ethical Final Homework: concerns from the points of view Examination: of technologists. 15% 35% 8 Main and Recommended Textbooks Information Technology Law: The Law & Society, 4th Edition (2019), by Andrew Murray LAW: Digital Information, Business and Legal English, by W. Neitivanich et al. Information Technology Law, 9th Edition (2020), by Ian J. Lloyd CyberLaw: Text and Cases, 2nd Edition (2004), by by G. R. Ferrera et al. 9 Further Readings Cyberlaw: Problems of Policy and Jurisprudence in the Information Age, 5th Edition (2018), by P. Bellia et al. The Laws of Technology and the Technology of Law, Griffith Law Review (2011) by Kieran Tranter Towards a Law and Technology Theory, by Arthur J. Cockfield And many more… 10  GTS231: Consent Form Following the privacy policy of SIIT, please carefully read and fill in the Consent Form for the “Consent to use personal data for conducting GTS231 Law and Technology course, and carrying out assessments and related procedures” using the Google Form below. https://docs.google.com/forms/d/e/1FAIpQLSdqQykY6zgydpLA9sLOn QlLqiZEAdALFaDuGsshy4Ra0vKM2A/viewform?usp=sf_link 11  LAW- SOCIETY WE LIVE IN THE TECHNOLOGICAL WORLD NOWADAYS!  People live in community. & We belong There are interactions to societies! between individuals. smallest unit Examples: Family, School, = State, International levels 13 Perfect Peace is Idealistic ! Actions Our society performed by - Sometimes Finding is not ones might raise appropriate - - - always affect others - problematic solutions is - peaceful. in different issues! necessary. ways. - 14 Laws Continue to be Developed every society he this ar wrle official and Enforceable THEREFORE, RULES & STRICT RULES THAT PEOPLE REGULATIONS ARE NEEDED. WITHIN THE SAME SOCIETY ACCEPT AND AGREE TO OBEY WOULD CREATE A “LAW”. 15  Possible Interactions We are part of societies. We interact with others everyday. Today, broader description of how we interact Face-to-face Via some means of communication Traditional e.g. Telephone Internet 16 Online Activities When it comes to online interactions… More people can be connected. Things happen faster than ever. Wider territories (we are talking about global level now!) online shopping It involves different and new types of activity.2 type of cybercrime new. new Novel technology developed can be something that we cannot = currently imagine. Commercial - activity 17  Law Development Processes NORMALLY, LAWS ARE DEVELOPED BASED IN PRACTICE, THERE COULD BE SOME ON POSSIBLE PROBLEMS FOUND WITHIN “LOOPHOLES” IN THE LAW CODES THE SOCIETY. winrin [I.E. GAPS IN LAW]… ~ ① cause THIS CREATES GOOD NORMS FOR PEOPLE TO DUE TO SOME ISSUES THAT COULD NOT BE FOLLOW. THOUGHT OF DURING THE PROCESS OF LAW IF NOT FOLLOWED, THERE ARE CERTAIN LEGISLATION eisungans LIABILITIES AS DEFINED BY LAW FOR SPECIFIC OR ariw dur OFFENCES. ② novel technology mirmic SOMETHING THAT COULD NOT POSSIBLY HAPPEN 18 BEFORE! Cyberspace Cyberspace has no geographical boundaries. Web presence is national and global at the same time. Mirniwa Misse It has potential liability exposure anywhere the site can be accessed and cause a legal issue. 19  continct nutral online selling : agreements = there are law support ? Example: E-commerce NIWWUIW /2 veng New standard of diligence regarding where the company is doing business. Mistado Including: business transaction, content on website, statements in dining the Terms of Use regarding jurisdiction, etc. n Global implications of e-commerce will continue to present novel us legal questions that will be litigated. Yosos A national or foreign company may bring lawsuits against an e- business based on alleged legal grievances. Emin armtriwelo 20 Advancement of Artificial Intelligence 21  > find meaning Legal Terms Contract Act Offence act Jurisprudence Erin aganist law - Tort Mirr/Sn: Unlawful Sui Juris Incompetence Mariamwira Punishment Liability Legal person Natural person Litigant rust Defendant jlr Civil Criminal 22  CIVIL VS. CRIMINAL LAW  Law may be divided into the following categories. Iw's - Civil Law System vs. Common Law System - Public Law vs. Private Law - Substantive Law vs.liability ~ offener Procedural C (Adjective) Law Classification process of Law 24  Civil Law System - use law codes The Law codes The law codes gather laws that are utilized in the same category or area of applications together. content parts relate to offences and liability ~ Substantive Law: establishes the rights and obligations that govern the relationship between persons in the societyUr:wiee yuwig ckilling more serious - General law: e.g. Civil and Commercial Law Code Kiminal Code only injured people ~ not but also affect. > - good moral - Specific areas of law e.g. Computer-related, intellectual property Procedural (Adjective) Law: govern the proceedings and regulate how to precede cases, legal procedure to be applied and enforced, particularly in a court of law. 25  Juristic Acts: General Provisions The Civil and Commercial Law Code of Thailand to come not forca agree un not against the lnw , Section 149: Juristic Acts are lawful and voluntary acts, the immediate purpose of which is to establish juristic relations, between persons to create, modify, transfer, preserve or extinguish rights. (contact contral ↓ agreements centr right juristic relation cavie = O juristic act O , · voistic relation contract S C ↓ & * M. - lawful - voluntary Ex renting contract party party. : 2 went night went fee 26 pay to receive  Juristic Acts: General Provisions The Civil and Commercial Law Code of Thailand Immediate 1 make , I receive Section 168: A declaration of intention made to a person in his presence takes effect from the time when it becomes known to receiver of the intention. ② This also applies to the declaration of intention made by one person to the other through telephone, other communication devices or other means through which similar communication can be made. 5 A house friend with B B writ to house from A Bottes mil to A ex. own , buy 17 - indicate what intend take effect when the receives of intration knows person a - 27  A house friend with B B writ to house from A Bottes mil to A ex. own , buy 17 But A is in Chiang mai -. ex odivg A injuod person committing - person wrongful a act 30 Legal Maxims nullum crimen nulla poena sine lege no crime, no punishment without law law this is not criminal offense not saying no - time 31 Application of Criminal Law that this have law The Criminal Code of Thailand saying is anoffence Section 2: A person shall be criminally punished only when the act done by such person is provided to be an offence and the punishment is defined by the law in force at the time of the doing of such act, and the punishment to be inflicted upon the offender shall be that provided by the law If, according to the law as provided afterwards, such act is no more an offence, the person doing such act shall be relieved from being an offender; and, if there is a final judgment inflicting the punishment, such person shall be deemed as not having ever been convicted by the judgment for committing such offence. If however, such person is still undergoing the punishment, the punishment shall forthwith terminate. 32 Criminal Liability Internal component for every ↑ criminal offence generally The Criminal Code of Thailand unless otherwise stated exceptions Section 59: (Paragraph 1) A person shall be criminally liable only when such person commits an act intentionally, except in case of the law - provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable when though such person commits an act unintentionally. 33  TECHNOLOGY RELATED LAW WHAT ARE THE TYPES OF LAW, CAN YOU GUESS? 34  Civil and Commercial Code Goneonl [ Criminal Code Copyright Act B.E. 2537 (1994) / Patent Act B.E. 2522 (1979) Electronic Transactions Act B.E. 2544 (2001) List of Computer-related Crime Act B.E. 2550 (2007) and the Act Technology- Amending Computer-related Crime Act B.E. 2560 (2017) related Laws in etc. Thailand 35 Interesting Article 36 Notes to All The subject itself is not difficult. BUT you may find it different from what you normally come across through your program of study. NEED to pay attention to the lectures & go through materials in your own time. Fimilarise yourself with the contents, understand the main concepts & achieve key objectives of this course. 37