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Unit outline_

LAWS3518: Law and Technology

Semester 1, 2022 [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, and consider the role of law, regulation, and other mechanisms for influencing technological development such as professional norms, ethical frameworks, and technological standards. The course will explore the challenges that 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 on the role of lawyers and judges. The course will include deeper (case study) consideration of current substantive problems at the interface between law and technology, which could include, for example, 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; 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

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
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
Type Description Weight Due Length
Presentation hurdle task Structured class participation and written submission
Structured class participation and written submission
0% Multiple weeks 1 page draft, then final submission
Outcomes assessed: LO4 LO6
Assignment hurdle task Short response question
Written assessment, based on presentation
30% Multiple weeks 1500 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Research essay outline, short form literature review and bibliography
Written assessment task, which provides outline of essay for prior approval
10% Week 07
Due date: 08 Apr 2022 at 17:00
500 words
Outcomes assessed: LO1 LO6
Assignment hurdle task Research essay
Written assessment
60% Week 13
Due date: 23 May 2022 at 16:00
4000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
hurdle task = hurdle task ?

Assessment summary

Presentation (0%):   In-class presentations and short responses are due throughout the semester depending on the topic chosen. In-class presentations must be undertaken during the class on the topic to which the presentation relates. The draft written submission of 1 page is due any time on the day before class, and the final assessed version is due 24 hours after the presentation.

Short-response question (30%): This written assessment iof 1500 words s based on seminar work. Short written responses are due by 1pm, one week after the relevant class.

Research Essay Outline, short form literature review and bibliography (10%): This is compulsory and must be submitted for prior approval before commencing work on the Research Essay. The Outline is due at 5pm on 8 April, 2022. 

Research Essay (60%): This is a 4000-word research essay, with the topic chosen by the student. It is due at 4pm on 23 May, 2022.

Detailed information for each assessment can be found on Canvas.

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 2014 (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, 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.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

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
Week 01 Orientation and Methods Workshop (2 hr) LO4 LO6
Introduction to regulatory theory Seminar (2 hr) LO1 LO2 LO3
Week 02 Technology as regulated object; Technology as regulator Seminar (4 hr) LO1 LO2 LO3
Week 03 Platforms as a case study in the tensions arising in tech regulation Seminar (4 hr) LO1 LO2 LO3
Week 04 Information Privacy; what is privacy; how much data is gathered about us, and what is it used for? Seminar (4 hr) LO1 LO2 LO3
Week 05 The Law of information privacy in Australia; the consumer data right; overseas models of privacy Seminar (4 hr) LO1 LO2 LO3
Week 07 Introduction to AI; AI, Ethics and Law; Emerging models for AI regulation Seminar (4 hr) LO1 LO2 LO3
Week 08 AI and automation continued: fairness and discrimination Seminar (2 hr) LO1 LO2 LO3 LO4
Research Essay Workshop Workshop (2 hr) LO6
Week 10 Surveillance and facial recognition Seminar (2 hr) LO1 LO2 LO3 LO5
The technology impact on the nature and practice of law Seminar (2 hr) LO5
Week 11 Tech Case Studies: Medical Tech and CRISPR Seminar (4 hr) LO1 LO2 LO3 LO4
Week 12 Tech case study: Quantum; Rental Housing Seminar (4 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

  • Attendance: All students are required to attend 70% of live classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements must be satisfied by in person attendance. 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 
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 5% pf 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 be given.

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. Demonstrate a strong understanding of the relationships between technology, law and regulation and the challenges of regulating emerging technologies
  • LO2. Describe the range of regulatory tools available for guiding, shaping, preventing, and facilitating technological development, and articulate reasons for choosing tools for a given technology
  • LO3. Evaluate the differences between regulating end user conduct as compared to regulating the conduct of, and technology provided by, technology platforms and other actors in a technology supply chain
  • LO4. Analyse a hypothetical involving emerging technology and identify legal tools that may be available to regulate/shape the development technology and its use
  • LO5. Describe and evaluate the impact that digital technologies are having and could have on the nature and practice of law
  • LO6. Demonstrate a range of skills relevant to the practice of law in relation to emerging technologies: advanced legal research, critical analysis and written and/or oral communication skills

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.

The assessment regime has been simplified in response to student concerns that the regime was too complicated and involved too much choice. Additional scaffolding has been added to support the research essay, with the submission and allocation of marks to the research essay outline.

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.