INFORMATION AND ALGORITHMIC GOVERNANCE: SPRING 2026 ASSIGNMENTS
Information & Algorithmic Governance, Spring 2026
Professor Ira Steven Nathenson
Stetson University College of Law
| Email: | inathenson@law.stetson.edu |
| Phone: | (727) 562-7681 |
| Homepage: | https://www.nathenson.org/ |
| Course website: | https://nathenson.org/courses/algorithms |
| Assignments: | https://www.nathenson.org/courses/algorithms/assignments |
| Class time: | Mon. & Wed., 10:00 am – 11:50 am, online (zoom). The Zoom link will be sent via email to registered students several days prior to the first class. If you are a late enrollee to the course, please email me to obtain the link. |
| Office hours: | Normally any time after class, and by request or appointment. All office hours will be online (via Zoom or MS Teams). |
ABOUT THIS COURSE
The reign of law as we have known it may be coming to an end, or at the very least, to a major transformation. Emerging technologies and forms of information—black-box algorithms, LLMs with de facto agency, realistic deepfakes, algorithmic content-filtering, biometric identification, information mining, the consolidation of media power, and much more—may require us to ask whether law’s traditional regulatory and normative functions are being supplanted, if not displaced, by new forms of information and algorithmic governance. This course will challenge students to consider what law is as well as what it may become.
REQUIRED BOOKS
- Many of the course materials will be accessible through resources such as Westlaw, Hein Online, and JSTOR, all of which are associated with your law school account.
- Other course materials will be available through the internet or through this website.
- Finally, some materials will be available through online vendors such as the Amazon bookstore or other sellers. I will give advance notice regarding any such materials so that you have ample opportunity to obtain the materials via library (lend or loan), digital purchase, or bookstore acquisition.
WEEK 1
Mon., Jan. 19 (MLK Day)
- MLK Day, no class
WEEK 2
Mon., Jan. 26 (class 1): Is Law Dead?
Please read the materials below with the following question in mind: Is law dead?
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Feng, Analysis of Technological Determinism and Social Constructionism (link on webpage)
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McLuhan, ch. 1 & 7, Understanding Media
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Nathenson, Cyberlaw Will Die and We Will Kill It
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Protecting Americans from Foreign Adversary Controlled Applications Act (aka the TikTok ban, see pp. 61-66 of the PDF), https://www.congress.gov/118/plaws/publ50/PLAW-118publ50.pdf
Mon., Feb. 2 (class 2): Algorithms as Law
- Approximately half of today’s class will be spend discussing the readings, and the other half addressing project management.
- Readings:
- Dan L. Burk, Algorithmic Fair Use, 86 U. Chi. L. Rev. 283 (2019), available at https://chicagounbound.uchicago.edu/uclrev/vol86/iss2/10/ (downloadable PDF)
- Frank Pasquale, Foreword: The Resilient Fragility of Law, in Is Law Computable?: Critical Perspectives on Law and Artificial Intelligence (2020), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3800436
- Project-related:
- In our prior class, we discussed the kinds of projects that you are free to do for this course. As noted, you will be doing one or two projects (depending on scope) and presenting later in the semester on your work.
- This is not a seminar class, and there is no expectation of a formal seminar paper; however, your goal is to prepare a useful or informative digital object (whether a perpetual object or a group of related objects).
- We’ll further discuss the mechanics of this today; please send your suggestions for projects, topics, and readings by this coming Sunday (Feb. 8, below).
Sun., Feb. 8 (assignment): Please post to discussion boards by EOD (end-of-day)
- At least three (3) topics you might be interested in doing as projects.
- At least two (2) suggestions for class discussion topics.
- At least two (2) potential readings. Please include working links. The readings can be anything available on open internet, SSRN.COM, databases available to the College of Law community (ex., Westlaw, Hein, JSTOR), or available via online purchase at reasonable cost (such as Amazon).
Mon., Feb. 9 (class 3): Code and Law in the Dual State
Our main readings will be from/touching upon Ernst Fraenkel and Lawrence Lessig. There will also be some supportive readings. Plan on spending about half of our next class on the readings and half on the projects. As we’ve done so far, use the topic title as a clue, a thought-provoking question (TPQ) that guides your readings and thoughts. You’re probably finding that our discussion of the readings dances around the issues provoked by thinking about the named topic. Read each week’s materials with the week’s topic in mind (as well as in light of previous topics). In an era of disruption, we may not always be able to find answers, but we can search for them by phrasing good questions. The core function of a good lawyer is developing and exercising good judgment in the face of uncertainty.
- Projects. Comments have been posted to everyone’s proposals. Go to the discussion board for details. Please consider which project you would like to pursue for Monday.
- Readings.
- Read this paper by Frederick Mostert on digital due process. It was published in JILP (Journal of IP Law) in 2020. If you need to create an account to download, you may do so for free.
- Read The Medium is the Master, edited transcript of a chat between Professor Nathenson and Lucian, a Copilot AI. This document was emailed to your Stetson account.
Friday, Feb. 20: Please post project selections by EOB
Reminder: please post your chosen topics to the pertinent Canvas discussion board by EOB Friday. Further details can be found at the Canvas page.
- Reddit thread on Tom Hagen, a character from The Godfather
- Yanis Varoufakis, Technofeudalism: What Killed Capitalism (2024), preface and chapter 1. The assigned portions should be available as a preview from Amazon. You may also purchase the paper or digital ebook from whatever source; if you are able to obtain the full book I strongly urge you to also read chapter 3.
- Evgeny Morozov, What the Techno-Feudalism Prophets Get Wrong, Le Monde Diplomatique, Aug. 2025. The English language version is behind a paywall but the Spanish version is not. Either read the Spanish version or use this link to translate to English. You may have to use the buttons on the top of the page to set the translation from Spanish to English. If you have any difficulties using these tools please reach out to me.
- Check your Stetson email for the assigned materials and links.
- Today’s discussion will be based on a chat between me and a Gemini Pro AI (Google) as embodied on a formatted PDF. The PDF is included in the email distributed.
- You will also work with a NotebookLM (also Google) notebook. The link and more detailed technical instructions are included in the email. Please do not share the link.
- What to do with these materials.
- Pay careful attention to my instructions in the email.
- Read the PDF.
- On NotebookLM, read the chat box first. You can also chat (middle box) with the AI about the PDF, and you can additionally create items in the Studio (right box). Addendum: for Mac users, you should probably use a browser other than Safari, which has a long-known bug that may cause a page to jump to the top every time it’s refreshed. I successfully used Edge on the Mac without this problem; no doubt many of you are already aware of this.
- Come to class with 2-3 questions to ask the AI. Feel free to be provocative and to challenge any of the assumptions in the PDF or in any of the other materials.
- Your chatting cannot be seen by me or others, but Studio creations (slides, infographics, podcasts) can be seen by me and, I believe, the rest of the group.
- When creating Studio items, don’t just blindly click on a button. Click the edit (pencil) and design your own Studio items. If possible, rename them so we know who created what.
- Most importantly, have fun. I strongly believe that in a new technological environment, the best way to learn is to play, to test boundaries, and to consider legal and societal implications of these tools.
- Nick Land, A Quick-and-Dirty Introduction to Accelerationism, Jacobite, May 25, 2017, https://web.archive.org/web/20210225143327/https://jacobitemag.com/2017/05/25/a-quick-and-dirty-introduction-to-accelerationism/
- Mencius Moldbug (Curtis Yarvin), Patchwork, A Political System for the 21st Century (chap. 1 and 2) (2016), https://www.unqualified-reservations.org/pdfs/patchwork.pdf
- Ava Kofman, Curtis Yarvin’s Plot Against America, New Yorker, Jun. 2, 2025, https://www.newyorker.com/magazine/2025/06/09/curtis-yarvin-profile (alternative link here).
- Peter Thiel, The Education of a Libertarian, Cato Unbound, Apr. 13, 2009, https://www.cato-unbound.org/2009/04/13/peter-thiel/education-libertarian/
Other potentially useful or interesting stuff brought up during class by group members (thank you!). Not assigned, but stuff you might want to tinker with or use to learn from. I’m not familiar with all of these but they may be worth exploring. Thank you to those who made these suggestions (not posting names here for privacy purposes).
MIT’s books on AI (requires Google Docs)
Github – prompt engineering tutorial. Will require tinkering, also see link on Welcome page for access to a Google Docs link, which appears to require an Anthropic API.
Moltbook, a Reddit-like social news site for AIs only.
Other tools:
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- https://www.gitbook.com
- https://www.notion.com
- https://platform.openai.com/tokenizer, to determine how many tokens a prompt may use in ChatGPT
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Last revised Mar. 3, 2026
