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Unit of study_

LAWS5218: Law and Technology

Semester 1, 2024 [Normal day] - Camperdown/Darlington, Sydney

This course explores the interface between law and technology. It will introduce the challenges around regulating new and emerging technologies at a general and theoretical level (i.e. regulatory theory), and consider the role of law, regulation, and other mechanisms for influencing technological development in such as professional norms, ethical frameworks, and technical standards. The course will explore the challenges that current developments in technology (such as artificial intelligence and automated systems) may pose to how we understand what law is, what law regulates, and how, including the impact of digital technologies, which could include, for example, deeper consideration of laws around data collection, sharing and use (privacy laws and surveillance); the regulation of automated decision-making and artificial intelligence and its impact on individual rights and disadvantaged groups (eg discrimination and bias); personalised/precision medicine. A background in science, information technology or engineering is not assumed or required; information about technologies considered will be provided.

Unit details and rules

Unit code LAWS5218
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS3518
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

Torts, Contracts, Public Law and Criminal Law

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Kimberlee Weatherall, kimberlee.weatherall@sydney.edu.au
Lecturer(s) Jose-Miguel Bello Villarino, jose-miguel.bellovillarino@sydney.edu.au
Type Description Weight Due Length
Presentation Structured class participation and written submission
Structured class participation and written response
0% Multiple weeks One 2 hr class
Outcomes assessed: LO4 LO6
Short release assignment Written response (short release)
Written response following on-call class.
20% Multiple weeks 1000 words / 1 week
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Short release assignment Short response question (short release)
Written response to provided question
10% Week 03
Due date: 04 Mar 2024 at 23:59

Closing date: 11 Mar 2024
400 words / 2 weeks
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Literature Review and Essay Plan
Written assessment task, which provides outline of essay for prior approval
20% Week 07
Due date: 08 Apr 2024 at 23:59

Closing date: 15 Apr 2024
1000 words / 7 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment Final Research Essay
Written assessment
50% Week 13
Due date: 24 May 2024 at 23:59

Closing date: 07 Jun 2024
3000 words / 13 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6

Assessment summary

Short Response Question (short release) (10%): Students will be required to write one paragraph (5 lines / 400 words) responding to class materials on regulation, regulatory theory and technology, in response to a provided question. This short response is due on Monday 4 March 2024 at 23:59 (Sydney, Australia time).

Structured Class Participation and Presentation (0%):  Students will be be on call for one class, responding to set materials. 

Written Response (short release) (20%): A 1000 word written response is due one week after a student's on call class. 

Literature Review and Essay Plan (20%): Students are required to submit a 1000 word essay plan/literature review on the question they will be writing on for their final research essay; this must also set out the structure of the paper and five key sources already identified as relevant.  This assignment is due on Monday 8 April 2024 at 23:59 (Sydney, Australia time).    

Final Research Essay (50%): A final 3000-word research essay. It is due on Friday 24 May 2024 at 23:59 (Sydney, Australia time).

Detailed information for each assessment can be found on Canvas.

Use of editors and automated writing tools: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 5% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes. 10% leeway will apply. 

Special Consideration: The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Assessment requirement to pass a unit of study
A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 5% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 5% penalty.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 Orientation and methods Workshop (2 hr) LO1 LO4
Introduction to regulatory theory as it relates to emerging technologies Seminar (2 hr) LO1 LO2
Week 02 Introduction to regulatory theory as it relates to emerging technologies Seminar (4 hr) LO1 LO2
Week 03 Introduction to regulatory theory as it relates to emerging technologies Seminar (4 hr) LO1 LO2
Week 04 Platform governance Seminar (4 hr) LO1 LO2 LO3
Week 05 Data and privacy Seminar (4 hr) LO1 LO2 LO3
Week 07 Artificial Intelligence and its regulation Seminar (4 hr) LO1 LO2 LO3
Week 08 Research essay workshops Workshop (4 hr) LO6
Week 10 Automated Decision Making in the public and private sectors Seminar (4 hr) LO1 LO2 LO3 LO5
Week 11 Further case studies Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 12 Further case studies Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Course wrap up Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Referencing guide: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Critically analyse the dynamic relationships between technology, law, and regulation, including the challenges of regulating emerging technologies.
  • LO2. Critically evaluate appropriate regulatory tools for guiding, shaping, facilitating, and preventing technological development.
  • LO3. Compare and contrast the regulation of end-user conduct with the regulation of technology platforms and actors in the technology supply chain.
  • LO4. Apply legal reasoning to the critical analysis of hypothetical scenarios involving emerging technology to identify and propose regulatory strategies and tools that shape the development of technology and how it is used.
  • LO5. Critically evaluate the impact of digital technologies on the nature and practice of law, including considerations of privacy, surveillance, and discrimination.
  • LO6. Demonstrate advanced legal research, critical analysis, and effective communication skills relevant to legal practice in the context of emerging technologies.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Amendment to assessment regime.

More information can be found on Canvas.

Additional costs

There are no additional costs for this unit.

Site visit guidelines

There are no site visit guidelines for this unit.

Work, health and safety

There are no specific WHS requirements for this unit.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.