Legal and policy concerns are inherent aspects of IT management. The terms and conditions under which IT products and services are provided, as well as the security, disposition, and appropriate use of systems and information each require IT (and non-IT) managers to consider the legal context for IT as a matter of routine. As IT has become critical to the global economy, there is ongoing need, in both the private and public sectors, for qualified information technology managers who can perceive and, with counsel, respond to the legal and regulatory environment for IT worldwide.
This certificate provides a perspective on that environment and the best management practices in responding to it. As such, it will be of widespread interest to IT practitioners and vendors, especially service providers, managers of IT ventures, senior managers with responsibility for implementing IT solutions enterprise wide, compliance and security officers, and IT consultants.
Note: The cadre of candidates for this program includes compliance officers and IT managers responsible for solutions bearing on compliance with regulatory requirements and discovery requests.
The Legal Issues in IT Certificate provides attendees with competitive advantage by giving them the tools to recognize legally significant developments and to manage, with counsel, the process of responding appropriately to those developments.
The Legal Issues in IT Program consists of selecting four courses from the following:
1. Enterprise Issues in IT Law
2. Legal Issues & Contract Management in IT Outsourcing
3. Information Assurance & Law
4. Issues & Trends in IT Law
5. Contract Mediation/Arbitration
6. Intellectual Property (including cyber security considerations)
The course is a survey of every major area of law that has an impact on information technology, developed through an examination of judicial decisions and legislation that concern web based business ventures. The course discusses basic commercial law as it applies to information technology, jurisdiction over Internet based activity, the contracting environment for online activity, intellectual property law, the domain name system, the protection of databases, privacy rights, and government regulation of Internet based business activity, including content based restrictions, and the prospective taxation of ecommerce. The goal of the course is to provide an overview of these issues for non-lawyers and to promote sensitivity to the technological and business scenarios in which legal issues arise. As the course progresses, students become progressively better equipped to recognize legal issues as, or soon after, they arise. This skill is highly prized by lawyers and sophisticated clients alike, for one reason –as they persist, legal problems become more complex and more difficult and expensive to resolve. By being able to spot the issues sooner and more completely, students are better able to manage the resources that information technology ventures require and to respond to the commercial opportunities and risks such ventures present.
One of the critical aspects of IT outsourcing is creating a legal agreement that appropriately protects the client organization and fairly defines the work of the service provider. Most of the headline failures in outsourcing are a direct result of poorly crafted contracts. The purpose of this course is to acquaint students with the specialized legal aspects of IT outsourcing needed to manage contract negotiation, ongoing relationship management and measurement, regulation, specialized aspects of offshore agreements, and termination of IT outsourcing. Successful completion of the course allows the student to achieve a useful level of specialized management knowledge and an appreciation for the role of the legal function in outsourcing.
This course examines the relationship between information security and the law, at a level suitable for information security specialists and managers with responsibility for supervising information security operations. In the first phase, the course explores substantive legal principles relating to information security, with regard to both private and government interests. The second phase of the course explores information security operations as the repository of information that may be at issue in legal proceedings. Finally, the course concludes with a discussion of the balancing process required to promote information security in a system of ordered liberties, that is, with due respect for civil rights.
This course is a comprehensive exploration of how pertinent developments in law and policy impact the management of information technology. The course will be presented at a level suitable for senior managers (IT and business) and compliance specialists who have or aspire to responsibility for regulatory compliance, advocacy at the policy level, or other interactions with regulators, lawmakers or other governmental entities or agencies. The discussion will address how recent legislation, judicial decisions, rulemaking, and events bear on the adoption and execution of IT business models, business decision-making at the level of IT ventures, enterprise management, and corporate governance. The discussion will present new and anticipated legal and regulatory requirements that relate to the core business of information technology (contractual implications and outsourcing), rights and obligations in information technology and information based assets themselves, (e.g., intellectual property), information security and privacy, and corporate governance (e.g., Sarbanes-Oxley). The discussion will emphasize issues of particular concern to the financial services and pharmaceutical industries (e.g., the privacy discussion will address the enforcement history of, and industry response to, the Gramm–Leach–Bliley Law, HIPAA, and EU Safe Harbor, and related regulations). The course will address the management issues that arise from the international legal and regulatory environment for IT ventures, civil and criminal law issues, government contracting standards, and the evidentiary aspects of stored information (e.g., electronic discovery). The course builds an understanding that responsiveness to changes in IT law and policy is pivotal to the management of IT ventures, impacting the rights, interests, and obligations of enterprises sponsoring IT ventures, and those enterprises’ shareholders, affiliates, customers, and vendors.