DIRITTO DELLE NUOVE TECNOLOGIE
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
Knowledge of fundamentals of private law and constitutional law (prerequisite).
For the criminal law module, knowledge of basic criminal law is required, preparatory to the exam. Students, attending and non-attending students, are therefore recommended to systematically review the general part of criminal law.
The exam consists of an oral test focused on the whole content of the course. The learning assessment procedures consist of a final oral exam covering the entire program, either face-to-face or remotely according to the indications of the University, during which the candidate will be asked to report, through the use of gradually more specific questions, the knowledge and methodologies acquired.
The final grade will be expressed in a grade from 18 to 30. It will take into account the knowledge and ability to adequately report the contents of the program (60%), the ability to interpret with solid arguments, to connect with correct logic and systemic vision the institutes studied and to relate the institutes treated with the peculiarities of new technologies (30%) and finally the technical-expressive capacity (10%). For the purposes of the assessment, effective and active participation in teaching activities is also taken into account.
The course introduces students to the civil and criminal law problems posed by the use of new technologies. It aims to apply the categories of private and substantive criminal law to some of the phenomena related to the advent of new information technologies and / or artificial intelligence.
The module also aims to improve, in the student, the ability to use the juridical language appropriately and to argue the conclusions presented with autonomy of judgment by stimulating a careful approach to problem solving dynamics, thus also favoring the refinement of communicative-relational skills.
The private law of new technologies module will cover the following topics:
- Personal data and new technologies
- Digital consumer law
- Digital platforms and contract law
- Geoblocking
- Private law and artificial intelligence
- Smart contracts
The criminal law module investigates the most relevant criminal profiles related to the use of new technologies both in terms of identifying new forms of responsibility and as methods or means for committing certain types of crimes, in particular crimes against the person. The penal rules applicable to such unlawful conduct and the decisions of jurisprudential practice will therefore be analyzed. The most important international conventions relevant to the subject will also be illustrated. It has as its object:
• Technological revolution, computer and cyber-crimes, victims and authors: a systematic.
• The criminal liability of Internet Service Providers and bloggers; hints to artificial agents.
• Offenses envisaged by the legislation on personal data protection, IT privacy and the protection of digital identity.
• Illicit use of the Internet: online defamation, sexting vs. Telematic child pornography, virtual pornography, telematic child solicitation.
• Protection of freedom of expression and criminal measures to combat hate crimes on social networks.
During the course of the lectures, lecturers will communicate the materials to be studied in preparation for the exam.
For the criminal law module:
the preparation for the exam includes, in addition to the necessary knowledge of the Constitution, the criminal code and the laws referred to in the program, the study of other teaching materials: normative texts, case law, articles or comments on doctrine and / o and other legal materials, which will be made available on the e-learning platform of the year 2021-2022, knowledge of which therefore forms an integral part of the exam program.
The exam program is also valid for non-attending students.
Recommended text for the review of the general part: G. Marinucci - E. Dolcini - G. Gatta, Manuale di diritto penale. Parte generale, latest edition, Milan, Giuffrè. Recommended Criminal Code: Emilio Dolcini - Gianluigi Gatta (edited by), Codice penale e Leggi complementari, Milan, Giuffrè, 2021, or other edition, as long as updated to 2021.
The course is divided into two parts (25 Hrs). In the first one, the civil aspects of new technologies will be analyzed, in the second one the criminal ones.
Both parts will be based on lectures.
The criminal law module takes place in the first semester through a total of 25 hours of lessons. The teaching includes:
•Lectures and use of digital platforms for learning. The method of conducting the lesson, in presence where possible or in a web conference in synchronous mode through the Teams application, provides for the active involvement of the student invited to speak orally.
•Jurisprudence case study discussions, set forth with power point presentations and original documents made available on the e-learning platform, aimed at promoting students awareness of the importance of interpretation techniques, correct use of legal argumentation and a critical approach to the study of law. Students will be required to intervene.
•Finally, legal materials, judgments or power-point presentations regarding the course contents, materials that are part of the exam program, will be uploaded to the e-learning platform.
Tutorials for the II module normally scheduled immediately after the lesson and is held in the teachers' room in the Seppilli pavilion. If remote tutoring is required, the methods will be indicated at the beginning of the course on the e-learning platform. The teacher is always available to arrange a special appointment upon contact by e-mail. In the second semester, in the absence of lessons, the teacher receives, in presence or with a meeting on Teams, after an appointment requested at the institutional email address.
The thesis in Criminal Law of New Technologies will be assigned preferentially to students who have cumulatively met the following criteria:
• the candidate must have obtained, respectively, in Criminal Law and in Advanced Criminal Law and in Law of New Technologies, a grade equal to or higher than the average of the marks obtained in the other exams;
• the candidate must have attended at least one complementary exam in criminal matters (Restorative Justice and Criminal Mediation or Commercial Criminal Law).
• the candidate must have no more than five exams left.
The teacher will indicate the available thesis titles which will then be proposed to the student.