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LEFIS – Legal Framework for the Information Society Work Group 1, Undergraduate Studies --Tenerife LEFIS – Legal Framework for the Information Society Work Group 1, Undergraduate Studies --Tenerife Meeting, June 23 -24, 2006 --- ICT law and undergraduate law studies in the Tuning initiative: a tentative frame Cesare Maioli CIRSFID and University of Bologna cesare. [email protected] it Tenerife, June 23, 2006

The birth of ICT law and legal informatics • ICT law was born when The birth of ICT law and legal informatics • ICT law was born when computers were introduced in the Industrial society: – establishment of new fields e. g. Labour Law, Industrial Law, Environment Law; strong modifications to Commercial Law; influences to Penal Law, Administrative Law. – It caused small modifications to the work of the law professionals (a knowledge and information processor): the supports were still paper and pen • Legal informatics was born when computers were introduced in the Information society: – establishment of new sectors e. g. Data Protection, Electronic Documents; strong modifications to Industrial Law; influences to Civil Law, Administrative Law, Private Law. – It caused big modifications to the work of the law professionals (still a knowledge and information processor): the supports are digital devices 2

Law and Computers IT law Legal informatics (Giovanni Sartor) 3 Law and Computers IT law Legal informatics (Giovanni Sartor) 3

ICT law and legal informatics as a separate field in the study of Law ICT law and legal informatics as a separate field in the study of Law • ICT law and legal informatics deal with the common ground of legal issues where ICTs are concerned, allowing the interpretation that each traditional field of the law studies has a view on them • the consideration that each field has a prerequisite in the knowledge of ICTs, brings to the consideration that ICT law and legal informatics are not ancillary topics but a unifying element of characterization of an autonomous field of law studies • ICTs are not limited to specific functions nor to limited social environments: they shape the social framework where individuals and enterprises act. In the Information society, data represent the events produced by every social actor: their management is the management of the event 4

Studies in Law: objectives • Basic knowledge and understanding of the principal features of Studies in Law: objectives • Basic knowledge and understanding of the principal features of legal systems • Basic ability to apply her or his knowledge to a situation of limited complexity in order to provide arguable conclusions for concrete problems • Basic ability to identify the issues which require researching, to identify and retrieve appropriate legal information; to use primary and secondary legal sources • Skill to recognize and rank items and issues in term of relevance and importance • Ability to undertake independent research in areas of law not previously studied (after John Bell, Cambridge) 5

Studies in ICT law and legal informatics: objectives • To provide the market with Studies in ICT law and legal informatics: objectives • To provide the market with law operators able to integrate legal knowledge with ICT capabilities and insight to manage the penetration of ICT in any sector of law studies and practices, e. g. : • software houses • law firms • public administration • law enforcement agencies • To give the student an interdisciplinary preparation in ICT law and legal informatics • To give the students an international vision and foreign languages skills 6

Tuning educational structure - I • A pilot project to implement the Bologna process Tuning educational structure - I • A pilot project to implement the Bologna process • Harmonization • Aim: comparability, compatibility and transparency of university education; quality follows as a consequence • Support: EC through Socrates-Erasmus program and DG Education and Culture; extension to Erasmus Thematic network, Archipelago, Latin America, Russia, other • In the coordinated context it is possible to define common reference for disciplinary areas – Pilot areas: 9 – LEFIS WG 1 aim: IT in law studies 7

Tuning educational structure - II Action lines 1. Generic competences 2. Subject specific knowledge Tuning educational structure - II Action lines 1. Generic competences 2. Subject specific knowledge 3. ECTS 4. Approaches to teaching and learning 5. Quality in the design and delivery of study programmes A pilot project to implement the Bologna process – Phase 1 – 2000 -2002; emphasis on lines 1, 2, 3 – Phase 2 – 2003 -2004; results, approach to quality, practical tools, good practices (www. unideusto. org/Tuning) – Phase 3 – 2005 – today; validation and dissemination 8

Tuning intended tools for curricula • Suitable to the national and European context • Tuning intended tools for curricula • Suitable to the national and European context • Described in clear terms, understandable and agreed upon at European level • Suitable for professional preparation and employment • Suitable for citizenship and personal culture • Conceived and described in terms of learning outcomes, generic and subject specific competences • Feasible in terms of student workload • Delivered in learning environments suitable forming the required competences • Assessed in appropriate ways in order to ascertain that the required competences have been formed (not applicable, future interest) 9

Tuning steps toward the quality of study programmes • • Define the academic and Tuning steps toward the quality of study programmes • • Define the academic and professional profile with reference to international and international contexts Establish the desired and required learning outcomes of the programme, in terms of competences Design the “modules” or course units useful for reaching those general outcomes, defining the partial outcomes in terms of competences and levels Plan appropriate methods and learning environments to reach those outcomes, taking into account of the time necessary (ECTS credits) Utilise assessment methods suitable for establishing the planned outcomes Establish monitoring and feedback systems (quality culture) Establish, through a broad consultation, if it is useful and necessary to offer a programme (course of study) (not applicable, future interest) 10

Tentative Tuning template: suggested elements of a study programme in the field of ICT Tentative Tuning template: suggested elements of a study programme in the field of ICT law - I starting from the demand from society to establish the contents • General outline – Applications of ICT law in the legal sector – Legal issues on ICT; e. g. vulnerability and security, computer-related crime; civil liberties; regulation of telecommunications and the information market; freedom of information; • Minimum knowledge – Introductory courses • Algorithms and programs; Archives and data base; Telecommunication and the Internet • Intellectual property rights; Privacy issues; Contract law; Digital document; E-services; E-commerce directive; E-government codes; Procedural law • Types and general architecture of information systems; Organization of business processes – Skills • Proficient use of word processor; Query to data base; Access to information retrieval services • A little more than elementary use of the Internet • Ability to specify needed technological tools 11

Tentative Tuning template: suggested elements of a study programme in the field of ICT Tentative Tuning template: suggested elements of a study programme in the field of ICT law - II • Toward professional knowledge – ICT functionalities useful to lawyers; e. g. administrative systems; eservices and e-procurement in commerce and government – ICT functionalities useful to the judiciary; e. g. workflow management; court administration, criminal justice systems • Advanced knowledge – – – knowledge representation of legal topics automated support to legal reasoning decision support systems expert systems in law data warehousing and data mining normative issues concerning the proper scope and application of public and private law to ICT – criminal law and digital forensics – legimatics –. . . 12

Tentative Tuning template: typical degrees offered - I First cycle Degree Objectives Graduate in Tentative Tuning template: typical degrees offered - I First cycle Degree Objectives Graduate in Law science law operator who is able to support experts in interpretation and application of juridical texts and laws Graduate in Business and Management expert in the resource management aspects in a business organization Graduate in ICT design and development of software and ICT systems Operator in Law and Information technology law operator who is able to integrate legal knowledge with ICT capabilities and insight to manage the penetration of ICT in any sector of law studies and practices 13

Tentative Tuning template: typical degrees offered - II First cycle Degree Occupation Graduate in Tentative Tuning template: typical degrees offered - II First cycle Degree Occupation Graduate in Law science para-legal activities in a law firm or a legal office Graduate in Business and Management support to the design of large information system; design and implementation of limited solutions to IT problems Graduate in ICT software firm; ICT sector of any kind of enterprise Operator in Law and Information technology technical support in legal office; legal awareness in ICT firms 14

Tentative Tuning template: typical degrees offered - III Second cycle Degree Objectives Graduate in Tentative Tuning template: typical degrees offered - III Second cycle Degree Objectives Graduate in Law (or Jurisprudence) a professional in the legal fields with knowledge and insight into the issues of with specialization in legal informatics Master (or Graduate) in Computers a professional in the legal fields with a specialization in ICT issues and Law Graduate in Theory and techniques an innovation actor for the public administration at large in the legislative, of legislation in e-governance organizational and technological fields in a European context 15

Tentative Tuning template: typical degrees offered - IV Second cycle Degree Occupation Graduate in Tentative Tuning template: typical degrees offered - IV Second cycle Degree Occupation Graduate in Law (or Jurisprudence) law firm; judiciary; notary public; legal office of any firm with specialization in legal informatics Master (or Graduate) in Computers professional specialized in ICT for law firm; judiciary; notary public; legal office of and Law any firm Graduate in Theory and techniques public administration; enterprises working mainly with public institutions of legislation in e-governance 16

Role of subject area in other degree programmes • Graduate in Engineering with mention Role of subject area in other degree programmes • Graduate in Engineering with mention in Telecommunication Law or legal informatics: 30 ECTS • Graduate in Science of Internet or Computer science with mention to legal informatics issues: 30 ECTS • Graduate in Political Science, with mention to e-gov and legal informatics: 30 ECTS • Graduate in Business and Management, with mention to ecomm and ICT law: 30 ECTS 17

Tentative Tuning template: learning outcomes & competencies - I After the completion of the Tentative Tuning template: learning outcomes & competencies - I After the completion of the first cycle, students in the area should be able to • demonstrate an understanding of ideas and concepts of the roles and use in the information systems of – software, archives and data base, telecommunications – organizational and business processes – connected legal issues • show understanding of the mutual influence between ICT and law • show insight in normative issues concerning the proper scope and application of public and private law to the area of ICT • demonstrate elementary ICT skills (to be integrated by descriptors and examples of subject-specific competences) 18

Tentative Tuning template: learning outcomes & competencies - II After the completion of the Tentative Tuning template: learning outcomes & competencies - II After the completion of the second cycle, students in the area should be able to • • interpret the automation e-comm and e-gov projects in national, regional and local frameworks draft proposals, if needed, to make them legally sound have an ability to use different ICT tools and to design elementary solutions for the information system needs of a legal office be able critically to follow and interpret new laws in the field of legal informatics be able critically to follow and interpret ideas and concepts of laws dealing with civil liberties, freedom of information, regulation of telecommunications and the information market show insight in normative issues concerning the proper scope and application of civil, criminal and procedural law to the area of ICT have an ability to write reports understandable by the lawyer and the ICT specialist (to be integrated by descriptors and examples of subject-specific competences) 19

Tentative Tuning template: learning outcomes & competencies - III Consultation process with stakeholders to Tentative Tuning template: learning outcomes & competencies - III Consultation process with stakeholders to define and evaluate the ranking of generic competencies • Bar associations • Public institutions • Trade associations of enterprises and artisans; workers’ unions • Alumni association • . . . 20

Tentative Tuning template: workloads and ECTS • First cycle: § 12 – 20 / Tentative Tuning template: workloads and ECTS • First cycle: § 12 – 20 / 180 for ordinary or service law degrees § 40 – 70 / 180 for ICT law specific degree • Second cycle: § 6 – 15 / 120 for ordinary or service law degrees § 20 – 50 /120 for ICT law specific degree 21

Tentative Tuning template: learning, teaching and assessment Learning an teaching ICT law and legal Tentative Tuning template: learning, teaching and assessment Learning an teaching ICT law and legal informatics typically involves a combination of – Lectures: set textbooks, lecture notes; taking notes part of the learning process – Exercise sessions: groups with supervision; homework; understanding the material and application to cases – Homework: efficient; feedback; grading problem with large classes – Laboratories: focus on skills – Projects: individually or in small groups; teamwork; development of communication skills – Dissertation: maturity; bibliographic searches 22

Tentative Tuning template: examples • First cycle – Namur – Vaasa – Bologna • Tentative Tuning template: examples • First cycle – Namur – Vaasa – Bologna • Second cycle – Leuven – Oslo – Vilnius 23

Tentative Tuning template: quality enhancements - I • Generic academic atmosphere • Available resources Tentative Tuning template: quality enhancements - I • Generic academic atmosphere • Available resources • Qualification of teachers and tutors 24

Tentative Tuning template: quality enhancements - II (adapted from an adaptation of John Bell Tentative Tuning template: quality enhancements - II (adapted from an adaptation of John Bell from a Report of Graduate Standard in Law, UK, 2000) 25

Tentative Tuning template: quality enhancements - III (adapted from an adaptation of John Bell Tentative Tuning template: quality enhancements - III (adapted from an adaptation of John Bell from a Report of Graduate Standard in Law, UK, 2000) 26

Tentative Tuning template: quality enhancements - IV (adapted from an adaptation of John Bell Tentative Tuning template: quality enhancements - IV (adapted from an adaptation of John Bell from a Report of Graduate Standard in Law, UK, 2000) 27

Tentative Tuning template: quality enhancements - V Area of Performance Law ICT law and Tentative Tuning template: quality enhancements - V Area of Performance Law ICT law and legal informatics Autonomy Can act independently in planning and managing tasks with limited guidance in areas which they have studied; able to identify own resources. Can reflect on own learning; can seek and make use of feedback Can act in the conceptual and logical phases of the project under the limited guidance of a more expert ICT professional Communicat ion and literacy Can engage in academic debate in a professional manner; able to use a range of formats, mainly written, to present specialist material. Able to write fluent and complex prose, using legal terminology correctly; able to read a range of complex works within and about law and to summarise their arguments accurately Can describe an ICT project or implementation in clear and professional manner, guaranteeing its legal soundness (adapted from an adaptation of John Bell from a Report of Graduate Standard in Law, UK, 2000) 28

The computing disciplines (ACM, IEEE, AIS, Computing Curricula 2004, 11 -2004) 29 The computing disciplines (ACM, IEEE, AIS, Computing Curricula 2004, 11 -2004) 29

The problem space of computing (ACM, IEEE, AIS, Computing Curricula 2004, 11 -2004) 30 The problem space of computing (ACM, IEEE, AIS, Computing Curricula 2004, 11 -2004) 30

Conclusions further activities needed to reinforce this draft for WG 1 • organizational side Conclusions further activities needed to reinforce this draft for WG 1 • organizational side and constant organizational effort if ICT in law • specialist knowledge in ICT and organization • a deep insight of several topics in the ICT makes every kind of operations in the Information society clear and understandable, in particular in the field of law • starting from the knowledge of ICT a legal operator can understand the opportunities and the risks of the activities in the Information society 31