THE UNIVERSITY OF HONG KONG
EXAMINATION - FACULTY OF LAW
IT.law@hku.hk (YLAW006) - Broadening Course
Semester 2, 2001/02
Instructions to Candidates
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This is a Take Home Examination which counts for 100% of your total marks
for the course.
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Answer any three questions. All questions are of equal value.
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This paper includes 6 questions, and ends with the words 'End of Exam Paper'.
It is 2 pages long.
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The maximum word length for this paper is 3,000 words, excluding citations
and bibliography, but including any discursive footnotes. This is a strict
word limit.
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The average word length for each of your answers should be 1,000 words,
but you may write more or less for a particular question provided your
total word length does not exceed 3,000 words
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This paper is due to be handed in on Friday 17 May by 5:00 pm at
the Law Faculty Front Counter, 4th Fl., K K Leung Bldg (mark to attention:
Ms Eliza Li). The paper may not be submitted by e-mail.
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Please do not include your name anywhere on your paper. Include only
your student number.
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If you need to make any assumptions in order to answer a question in the
paper, explain briefly what you are assuming and why it is important to
your answer.
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Any references to 'the Internet' and 'cyberspace' in this paper should
be interpreted broadly to include all types of Internet services, including
web browsing, email, chat rooms, peer-to-peer services, etc, and the activities
that take place by the use of those services.
Question 1
Cyberspace presents many difficult challenges to governments that wish
to assist the development of e-commerce, and also wish to control some
activities that take place in cyberspace. On the basis of what you have
learnt in this subject as a whole, set out what you consider to be a set
of basic principles (ten or fewer) for how Hong Kong's government should
approach the regulation of cyberspace in order to achieve justifiable public
policy goals. You may do so in point form, giving a brief justification
for each of the principles you advocate.
Question 2
One of the purposes of this course is to enable you to better understand
your own past and future experience in the use of the Internet, whether
for work purposes or personal purposes. Use four examples drawn from your
own experience to illustrate the ways in which the Internet is regulated,
and whether the attempted regulation is effective or not. In each case,
explain whether you think any changes to the law are needed.
Question 3
What are the relationships between 'code' and law in Lawrence Lessig's
theory of Internet regulation? Does he oppose the use of law to regulate
the Internet? (about 500 words)
Why does Lessig consider that developments in intellectual property
law threaten the future of the Internet as an 'innovation commons'? (You
may ignore other areas of law.) Is his analysis relevant to Hong Kong?
(about 500 words)
Make sure that you answer both parts of this question.
Question 4
To what extent is privacy in cyberspace protected effectively by Hong Kong
law? Explain the strengths and/or weaknesses of Hong Kong law in this regard,
and explain what changes, if any, you consider are necessary to make it
more effective.
Question 5
Why is the concept of 'convergence' so important to both the technical
development of cyberspace, and to the need to change laws that affect cyberspace?
Illustrate your answer with examples from as many different areas of law
affecting cyberspace as you can.
Question 6
Explain the importance of each of the following for the regulation of the
Internet in Hong Kong:
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Public key cryptography.
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The domain name Dispute Resolution Policy (DRP) developed by the Hong Kong
International Arbitration Centre (HKIAC).
End of Exam Paper