Skip to main content
Unit of study_

LAWS6251: Legal Issues in Digital Trade

Intensive November, 2020 [Block mode] - Camperdown/Darlington, Sydney

This unit analyses domestic laws in major jurisdictions and international laws to regulate digital trade. Digital Trade is broadly defined to cover traditional e-commerce where tangible products are sold via Internet but delivered offline; more importantly, it also includes modern intangible digital products sold and transmitted electronically online. This unit first surveys relevant statutes and cases in Australia, the US, the EU, and China. Then, it discusses digital trade regulations embodied by major free trade agreements and judicial assistance treaties, or adopted by international organizations such as WTO, APEC, and UN. It covers the following areas: classification of digital products and their treatment, online consumer and privacy protection, law for online platforms/interactive computer service, principles on access to and use of the Internet for digital trade, law to regulate cross-border flow of data, (de)localization of computing facilities, law for blockchain and smart contract, law for digital currency, and dispute resolution (jurisdiction, choice of law and judgment recognition and enforcement). This unit provides an opportunity for graduates to appreciate and assess the legal challenges brought by digital trade and embark on comparing and criticizing diversified solutions adopted by different jurisdictions and international organizations.

Unit details and rules

Unit code LAWS6251
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Jeanne Huang, jeanne.huang@sydney.edu.au
Type Description Weight Due Length
Assignment Problem solving question
Problem solving question
30% -
Due date: 26 Oct 2020 at 12:00

Closing date: 29 Oct 2020
1500 words
Outcomes assessed: LO1 LO4 LO3 LO2
Assignment hurdle task Essay
Essay
70% -
Due date: 20 Nov 2020 at 12:00

Closing date: 27 Nov 2020
6000wd
Outcomes assessed: LO1 LO2 LO3 LO4
hurdle task = hurdle task ?

Assessment summary

Problem Solving Question (30%) - word limit 1500 words. TO be released at 12 noon on 19 October on Canvas.

Essay (70%) - word limit 6000 words. Topics will be released on Canvas on 9 October 2020. (This should be a well-researched essay. Footnotes should be at least 1,000 words)

Further details will be available on Canvas.

Assessment criteria

Take-home exam (30%) and 6000wd essay (70%)

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:

Please refer to Canvas for the assessment due date. The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

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.

WK Topic Learning activity Learning outcomes
Ongoing Classification of digital products and their treatment Block teaching (2 hr) LO1 LO2 LO3 LO4
Online consumer and privacy protection Block teaching (4 hr) LO1 LO2 LO3 LO4
Law for online platforms/interactive computer service Block teaching (2 hr) LO1 LO2 LO3 LO4
Law to regulate cross-border flow of data Block teaching (2 hr) LO1 LO2 LO3 LO4
Dispute resolution (jurisdiction, choice of law and judgment recognition and enforcement) Block teaching (4 hr) LO1 LO2 LO3 LO4
Principles on access to and use of the Internet for digital trade Block teaching (2 hr) LO1 LO2 LO3 LO4
(de)localization of computing facilities Block teaching (2 hr) LO1 LO2 LO3 LO4
Law for blockchain and smart contract Block teaching (2 hr) LO1 LO2 LO3 LO4
Law for digital currency Block teaching (2 hr) LO1 LO2 LO3 LO4
Law for AI Block teaching (2 hr) LO1 LO2 LO3 LO4
Others (new topics will be added regularly) Block teaching (4 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: Please see Canvas for details.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% 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.

Referencing: 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

Reading materials will be uploaded on 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. demonstrate acquisition of knowledge of international and domestic law regulating digital trade
  • LO2. develop professional skill in the analysis and interpretation of primary materials (decided cases and statutes)
  • LO3. appraise hypothetical questions involving digital trade and apply relevant legal principles in answering those questions
  • LO4. express, in clear and concise language, well-structured and logical arguments with particular reference to national and international law regulating digital trade

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.

This is the first time this unit has been offered.

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.