Outline

Overview

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

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	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
Presentation	Class presentation (10%) Oral presentation of a topic and answering lecturer's questions	0%	Ongoing	5 minutes
Outcomes assessed:
Assignment	Optional capstone essay abstract (non-graded) Abstract which is a precondition of writing capstone essay	0%	Week 04 Due date: 10 Mar 2023 at 23:59 Closing date: 10 Mar 2023	300 words / long release
Outcomes assessed:
Assignment	Short-release Problem Solving Question (30%) Problem solving question	0%	Week 05 Due date: 16 Mar 2023 at 23:59 Closing date: 19 Mar 2023	2000 words / 3 working days
Outcomes assessed:
Assignment	Essay (60%) Essay	0%	Week 12 Due date: 01 May 2023 at 23:59 Closing date: 15 May 2023	5000 words / 6 weeks
Outcomes assessed:
Assignment	Optional capstone essay (90%) Capstone Essay	0%	Week 12 Due date: 01 May 2023 at 23:59 Closing date: 15 May 2023	8000 words / long release
Outcomes assessed:

Assessment summary

Class participation (10%)

A topic list will be released on Canvas on 3 February and every student should sign up to a topic and do a 5-minute presentation in the designated timeslot that you select and answer the lecturer’s questions. Students are required to engage independently with the topics that are covered and are expected to have read the relevant reading materials before each session, and to be willing to contribute their own perspective on these materials.

Short-release Problem Solving Question (30%)

The problem question will be released at 23:59 on Monday 13 March on Canvas and be due at 23:59 on Thursday 16 March. Word limit for this assessment task is 2000 words which will include everything you write. This assessment supports learning outcomes listed in the unit outline: (1) the problem question tests students' critical thinking ability regarding the established case law, (2) it trains students' ability to apply the black-letter law into the real-world questions; (3) it covers the key issues of digital trade discussed in the unit of study.

Essay (60%)

Essay topics will be released on Canvas at 23:59 on Monday 20 March and the essay will be due at 23:59 on Monday 1 May. Word limit for this assessment task is 5000 words which will include everything you write. This should be a well-researched essay. Footnotes should be comprehensive (at least 800 words which are counted in the 5000-word limit).

Optional capstone essay (90%) – available to LLM students only

This unit of study offers the capstone as an optional assessment to replace the Short-release Problem Solving Question Assignment and the Essay. If you want to write a capstone essay, you must obtain prior approval by emailing an abstract of at least 300 words to the lecturer before 23:59 on Friday 10 March. The capstone essay will be due at 23:59 on Monday 1 May. The word limit for this assessment task is 8000 words which will include everything you write.

For submitted work, the outcome of a grant of special consideration application will be extension of time or an alternative task at the discretion of the Unit Coordinator.

All class and assessment dates and times are Sydney, Australia time.

Word limit 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 use of editors (including proof-readers): The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

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 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, please refer to sydney.edu.au/students/guide-to-grades

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 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.

Learning support

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.

Weekly schedule

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

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. For postgraduate intensives only: For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

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 available on the Reading List tab on Canvas.

Learning outcomes

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.

Outcomes
Graduate qualities

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
Learning outcomes

Responding to student feedback

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

Readings have been updated.

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6251: Legal Issues in Digital Trade

Semester 1a, 2023 [Block mode] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect