78266 Special Topics in Disruptive Technologies and the Law

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Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.

Description

This subject covers the impact that disruptive technologies are having on the type of work that lawyers do and the way that we do it. There are three powerful forces at play in this space.

1. Modern technology is changing the way that society does business and the way people relate to each other. As a consequence, technology is changing the way that different types of relationships break down and how laws are broken.
2. Lawyers are confronted by and need to find new and better ways to manage and make sense of huge quantities of digital information and electronic correspondence.
3. Regulators and legal professionals are struggling to keep apace with innovation.

This subject explores these three themes.

More than ever before, lawyers need to be problem solvers. They also need to be adaptive and technically capable. FinTech and LegalTech fluency should be part of every law graduate's armoury and this subject enhances these attributes.

Subject learning objectives (SLOs)

1.	Identify how new technologies are changing, challenging and enabling the way that lawyers work.
2.	Evaluate new risks, obligations and liabilities arising from the social and commercial use of new technologies, applying existing legal principles, ethical issues and reasoning to disruptive technology case studies.
3.	Collaborate in groups and online to generate ideas and possible solutions to the challenges arising from new technologies.
4.	Prepare and present synopses to peers that evaluate emerging issues.
5.	Explore and reflect on the way that disruptive technologies challenge regulators across global jurisdictions, in particular the requirements to know your client and anti-money laundering policies.
6.	Investigate how anonymity, cryptocurrencies and smart contracts might enable democratic processes and financial support in developing and politically unstable nation states.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

• Ethics and Professional Responsibility
  An advanced and integrated capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards including:
  a. An understanding of approaches to ethical decision making;
  b. An understanding of the rules of professional responsibility;
  c. An ability to reflect upon and respond to ethical challenges in practice;
  d. A developing ability to engage in the profession of law and to exercise professional judgment; and
  e. An ability to reflect on and engage constructively with diversity in practice. (2.1)
• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively, including an ability to:
  a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
  b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
  c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)
• Communication
  Well-developed professional and appropriate communication skills including:
  a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
  b. An ability to inform, analyse, report and persuade;
  c. An ability to strategically select an appropriate medium and message;
  d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
  e. An ability to respond respectfully. (5.1)

Teaching and learning strategies

Strategy 1 Students’ Preparation for Learning
Students read cases, legislation and articles and listen to TedTalks and similar online resources before attending seminars to prepare for tutorial activities including collaborative discussion and analysis of hypotheticals.

Strategy 2 Learning though Seminar Discussion and Lightning talks
Each week, students will engage in discussion and oral presentations (including lightning talks) on various aspects of legal issues arising from disruptive technologies, with immediate feedback.

Strategy 3 Online learning
Canvas is where students access material for self-directed learning and engage in student-led discussion on key topics. Students to share their questions and ideas on the open discussion forums and Disruptive Technologies Encyclopaedia (Canvas) and other online forums, with guidance and feedback from the Subject Coordinator.

Strategy 4 Collaborative Problem Solving
All students will collaborate in problem solving exercises in the legal technology context, often considering problems from different points of view, including regulators, legal practitioners and disruptors developing new technologies. Feedback will respond to students’ problem-solving strategies and modes of expression.

Strategy 5 Ongoing Feedback
Structured feedback is provided individually and to teams within the seminar group. There will also be formative assessment tasks, self-assessment tasks and oral presentations, as well as formal assessments. Detailed guidance as to the assessment criteria and the provision of timely feedback will form an important part of the learning process.

Content (topics)

• Law and Technology: introduction to Disruptive Technologies and the Law and the history of disruption
• Privacy
• Data and Knowledge
• Artificial Intelligence
• Autonomous Machines
• Blockchain
• Smart Contracts
• Cryptocurrencies and Fintech
• Platforms and Connected Devices
• Biotechnology
• Disruptive Legal Technologies

Assessment

Assessment task 1: Seminar preparation, attendance and participation

Objective(s):	This task addresses the following subject learning objectives: 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1 and 5.1
Weight:	20%
Length:	Nominally, 1000 words
Criteria:	Criteria: Part A: Class Participation Coming to class prepared with questions about issues that you have not understood or which you think require further discussion Consistent high quality participation in class discussions of the problem exercises Consistent high quality contributions to small group discussion The ability to verbally express ideas in an orderly, clear, logical and succinct manner The ability to deal with questions, counter arguments and interjections, and promote and/or participate in discussion Displaying respect for other class members in your contributions and counter-arguments Problem solving skills and application of appropriate structure Part B: Lightning Talk Identification of relevant news story Explanation of technology Succinctness and relevance of content Clarity of explanation Professionalism and pace of presentation Weighting: Total 20% Part A: 10% Part B: 10%

Assessment task 2: Critical Analysis and Self Reflection

Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 2.1 and 3.1
Weight:	40%
Length:	Length: 1500 words total Part A: 1000 words Part B: 500 words
Criteria:	Part A: Critical Analysis Clear statement of argument and plan Identification of relevant issues in the context of the subject themes. Correct and persuasive application of rules and case law Development of a sustained argument Critical analysis, evaluation and original insight Reaching logical and supported conclusions Succinct plain English academic expression Footnoting and bibliography in accordance with AGLC (4th ed) Part B: Self Reflection Clear statement of object of reflection Relates experience back to subject content and themes Demonstrates analytical self-reflection and addresses multiple perspectives Explores insights and understandings gained or altered including potential implications for future practice Succinct and clear written expression.

Assessment task 3: Take home exam

Weight:	40%
Length:	2,000 words in total. 500 words per response to each of the 4 problem-solving exercises.
Criteria:	Identification of relevant issues in the context of the subject themes; Application of rules and case law; Critical analysis, evaluation and original insight; and Academic writing and plain English expression

Minimum requirements

Students must attend and participate in seminars and complete each assessment task. The final grade must be at least a Pass.