98832 - DIGITAL COMMUNICATION LAW

Learning outcomes

The course aims to give students a comprehensive knowledge of the contemporary issues related to digital communication law, mainly under the European frame. Consequently, lectures will focus on the different realms of the communication industry, such as: - networks and transmission facilities (the hardware-side of the communication industry) due to their quality of non-fungible assets that operators require to play as digital media and other providers; - digital media and broadcasters; - the different Internet Service Providers (access and host providers, web media, and other content providers); - the provision of digital contents (the soft-side of the communication industry); - the legal consequence of their actions. All the topics will be discussed by following a case-law approach. At the end of the course, students are expected to learn how to report their own professional opinions as consultants and advisors in the field.

Course contents

Introduction

Information and Communication Technologies (ICTs) and the Law: Differences and Interconnections.

Legal Concepts of “Communication”: Personal and Public Communication; Editorial and not-Editorial Communication. The “Market-Oriented” Concept of Communication.

Disrupting Traditional Definitions. The Converging Process between Networks, Transmission Services, and Digital Contents.

The Digital Communication Industry: a General Overview.

Part I

(The Hardware Side of the Communication Industry)

The EU Digital Communications Law: Networks, Transmission and Network-Based Services.

Third Party Access to Networks (TPA, etc.).

Market Competition in Europe. The Trade-Off between Digital Carriers, Incumbents, and other Third Parties (Service Providers, ISPs, Content Providers, etc.).

Market Regulation in Europe: The European Commission and National Authorities’ Views.

Market Regulation in the US: FTC and FCC’s views.

Relevant Case Law (along with Case Law Report Methodology).

Part II

(Overlapping Digital Communications and Digital Media)

(Hints on) Audio-Visual Media Services (AVMS) Directive and Digital Media: what is Editorial and Not.

AVMS Players as Active or Passive Tools in the Communication Process.

Part III

(The Soft Side of the Industry - 1)

Law and the Internet: Internet Protocols (TCP/IP) and Consequent Legal Properties.

Open Access. Technical Standards and Net Neutrality. Consensual Principle. End-to-End Principle.

The Internet Service Providers (ISPs): Access, Cache and Host Providers.

Content Providers.

Peer to Peer (P2P) and Other Patterns over the Net.

ISPs’ Liabilities.

Digital Media, Digital Platforms, and the Provision of Digital Contents.

Legal Consequences of the Contents Provision over the Internet and Some Evidence from IP Enforcement in the Field.

The (new) EU Law on Digital Platforms and Digital Services: The Digital Service Act (DSA) and the Digital Market Act (DMA).

Digital Platforms and Digital Services. Very Large Platforms and Gatekeepers. Market Protection by Preventing Gatekeepers’ Abuses of Dominancy?

Relevant Case Law.

Part IV

(The Soft Side of the Industry – 2)

Artificial Intelligence as Content Creator: Machine Learning, Deep Learning, Large Language Models, and the Creation of Digital Contents under the Law.

Relevant Case Law.

Conclusions.

 

Readings/Bibliography

Teaching resources (slides, case law, docs, etc.) will be available on "Virtuale" Platform (online Dashboard).

Teaching methods

Theoretical and Case Law-based Lectures.

Case Law Reports and other tasks will be assigned as mandatory homework.

Assessment methods

Three exams will be scheduled yearly. Exams aim to ascertain the knowledge and abilities of students to deal with the issues of the course.
Students who will attend at least 3/4 of lectures are expected to submit and discuss an opinion paper on a specific topic previously agreed upon with the Professor.
Anyway, to attend the exam, a student must be enrolled in AlmaEsami within the deadline term.
The assessment will focus on the student's knowledge and the ability to settle issues (i.e., focusing on a k-question) related to the subjects addressed in the opinion paper, consistently with the aim of the course.

Teaching tools

Slides and Essays.

Case Law docs (Courts' rulings; European Commission and NRAs' measures; etc.).

Students who need compensatory measures and/or dispensative tools due to disability or Specific Learning Disabilities (SLD) should communicate it to the Professor as soon as possible.

Office hours

See the website of Daniele Senzani