SE/0010 - DIRITTO DI INTERNET
Academic Year 2021/2022
Free text for the University
DANIELE MARONGIU (Tit.)
- Teaching style
- Lingua Insegnamento
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The exam consists in studying the Internet as an immaterial legal space in which people act, relate, develop their own personality, and in which dynamics are generated that involve rights, duties, powers, conflicts in a similar way to as happens in a physical territory but with new characterizations linked to the immateriality of the Net.
The "territory-Internet" will be studied from a legal perspective, examining the principles and rules that govern the web, with a particular focus on the role of the State and public bodies in controlling the dynamics of the Internet, on their relations with the subjects who they manage it and that they often have supra-state dimensions (the “giants of the web”), and in general on their role as “Internet administrators”.
The exam therefore has the following objectives for the student:
- acquire an in-depth knowledge of the main issues related to the administration and regulation of the Internet as a legal space.
- develop familiarity with the rules in force in the Internet space, knowing how to draw on them in the concrete management of dynamics and disputes related to the world of the Internet.
- develop a critical capacity that allows to frame the law of technologies also in its problematic profiles, or in the aspects in which innovation is not only the bearer of solutions, but in turn generates new difficulties (the digital divide, conflicts, difficulty in protecting one's rights on the Net, and in identifying legal solutions for overcoming them.
- obtain a mastery of the subject also from a linguistic and communicative point of view, coming to express oneself with an adequate terminology and with a register that is both precise and simple, so as to effectively transmit the acquired knowledge.
- Acquire awareness of the fact that the rules on the subject tend to change over time, often very rapidly, in connection with technological evolution, and therefore obtain the ability to understand and interpret the ways in which the law will accompany the development of the Internet in the future .
There are no formal prerequisites and the discussion of the issues will start from the basic elements.
No specific computer skills are required, as the course is strictly legal.
The course is developed in a general part and in the deepening of three monographic issues related to the aspects that today dominate the legal debate about the administration of the network.
General part: Legal framework of the Internet
to. What is the Internet from a legal point of view: the intangible territory of the Net and its rules.
b. The bodies that govern and regulate the network internally, their powers and functions, in particular Icann and the Web Consortium.
c. The role of States, the European Union, local authorities in the governance of the Internet and their relationship with the subjects that dominate the dynamics of the Internet: Google, Amazon, Facebook, Twitter and the other "giants of the web".
First focus: intellectual property on the Internet
a. The Internet dilemma: the conflict between copyright protection and free circulation of ideas on the Internet.
b. Copyright rules in general and the particularities of their application on the Internet
c. The alternatives to copyright in the technological world: open source
d. Spaces without copyright on the web: copyleft
And. The status of institutional information on the Net: open data.
Second focus: Control of information on the Net, fake news and hate speech
a. The difficult balance between freedom of information and the prevention of fake news and hate speech on the web.
b. The role of social networks: neutral vehicles or subjects responsible for their own content?
c. The function of the State and of the guarantor authorities will control and sanction violations.
d. The constructive side: the self-regulation capacity of online platforms and social networks.
Third focus: Algorithms, automation and artificial intelligence on the Net.
a. The algorithm in power: the machine that takes the place of man in Internet interactions.
b. From automation for "traditional" algorithms to artificial intelligence: the legal problems of the "thinking" machine.
c. Artificial intelligence in the private sphere (e-commerce, search engines, translators, social media) and in the institutional-administrative sphere: towards the state-algorithm?
d. The current limits of artificial intelligence from a legal point of view and their possible overcoming: going beyond the "child machine"
The course is divided into 36 hours of frontal lessons (18 lessons of two academic hours).
Verification of learning
The exam usually consists of a written test, in which it is required to answer several open questions. However, if there are periods in which the University establishes that all exams must take place in oral form, in these periods the appeals of this exam are also oral.
The test is awarded a mark out of thirty according to the following criteria:
Failure to pass the exam: insufficient or excessively approximate knowledge of the topics, large gaps, lack of language properties and speech organization; confusion between basic concepts.
From 18 to 21: minimal knowledge of the issues, with gaps on various aspects (not such as to lead to insufficiency); just enough display capacity; responses that appear dispersive with limited ability to balance analysis and synthesis.
From 22 to 24: more than sufficient knowledge of some issues and minimal of others, with few gaps on non-essential points; poorly curated display capacity but with elements of clarity; not full but existing capacity for synthesis.
From 25 to 27: good knowledge of the issues, with minimal residual and non-determining gaps; good exposition and synthesis skills with a not perfect but valid terminological command; elements that denote a partial critical sense. Good ability, where appropriate, to integrate the answers with concrete examples.
From 28 to 30: excellent knowledge of almost all issues, absence of gaps, correct language, precise and punctual exposure, full command of legal terminology, excellent ability to synthesize without loss of completeness of the contents; evident autonomous critical sense; excellent ability to identify, where appropriate, concrete and original examples.
30 cum laude: all the elements of the last point, with a particularly brilliant and effective exposition, an impeccable critical sense, the ability to self-update on any regulatory and doctrinal novelties that have occurred very recently.
The exam can be prepared with these texts (each one has just one edition):
- D. Marongiu, "Organizzazione e diritto di internet", edizioni Giuffré
- G. Pitruzzella, O. Pollicino, S. Quintarelli, "Parole e potere. Libertà di espressione, hate speech e fake news", edizioni Egea
- A. Longo, G. Scorza, "Intelligenza artificiale. L'impatto sulle nostre vite, diritti e libertà", edizioni Mondadori Università, chapters 1, 2, 3, 7.
It is also necessary to possess and consult the following documents, which can be downloaded at the indicated links:
- The "Declaration of Internet Rights" issued on 28 July 2015 by the Commission for Internet Rights and Duties at the Italian Chamber of Deputies.
Downloadable at http://tiny.cc/dichiar-diritti-internet
- The White Paper "Artificial intelligence at the service of citizens, drawn up in March 2018 by the Task Force on Artificial Intelligence of the Agency for Digital Italy.
Downloadable at http://tiny.cc/libro-bianco-IA
During and after the course, conferences and seminars may be organised, also attributable to free credits (and therefore additional to the teaching hours already scheduled). About this will be given news and updates to the students during the lesson.