78720 - Internet Law and Computer Crime

Learning outcomes

The course proposes to analyse: (i) the fundamental rights (privacy and data protection, identity, reputation and oblivion, etc.) recognised by international, European and national sources of law, in order to ensure their effective protection in the globalised world, characterised by the use of the Internet and other information and communication technologies; (ii) torts related to computer crimes and cybercrimes, which endanger the effective and efficient protection of the Fundamental Rights. Students will study case law to understand the application of statutory and regulatory law to the main types of fact concerning those topics and learn the Courts’ and Supervision Authorities’ interpretations of law.

Course contents

The course is divided in two modules.

The first one is dedicated to the analysis of the interests protected by the law system, when Internet is used. In this scenario students will study both the fundamental rights involved in a technological context and the impact of Internet on them (for example: reputation online and freedom of speech online, the right to health and eHealth; freedom to conduct a business and e-commerce).Specific attention will be paid to the processing of personal data led by means of technological tools.

The second module is focused on torts related to computer crimes and cybercrimes and on the case law concerning those torts. Students will study law of torts concerning both (i) civil liability cases in which Internet is used to commit a tort or a crime (for example: defamation by social media, hate speech, credit card abuse and fraud, social media and identity theft, UGC and liability of the ISPs, search engines and liability of the ISPs, cyberbulling, etc.) and (ii) remedies to protect the victims of those torts

Readings/Bibliography

(1) European Union Agency for Fundamental Rights (edited by), Handbook on European Data Protection Law, Luxemburg, 2018, pp. 15-235 [free available online]

(2) a selection of case law decisions and other materials on torts related to computer crimes and cybercrimes (available on Moodle-IOL, during the Course)

(3) Students are required to know: F. Galgano, Istituzioni di diritto privato, Wolters Kuwer-Cedam, Milano, 2019 [only: cap. II, par. 1: pp. 23-29, cap. III, par. 6: pp. 58-68,and cap. XIX: pp. 319-337].

Teaching methods

Lectures, interaction with IT tools. Analysis and guided debates on controversial cases. Training exercises, simulations, seminars, workshops.

Assessment methods

The final exam consists of an oral test (*).

The mark is defined in 30/30, considering the marks reported in each of the three specific questions concerning the topics of the course.

(*) For the entire duration of the health emergency (Covid-19), exams will exceptionally be conducted exclusively in writing, with a test divided into three open-ended questions, to be held within 30 minutes.

Teaching tools

1. computer, projector, keynotes, multimedia materials, Internet and e-learning tools (moodle, etc.)

2. case studies

Office hours

See the website of Fabio Bravo