Harvard Law School Berkman Center for Internet & Society The Berkman Center for Internet & Society at Harvard Law School

Access Denied: The Practice and Policy of Global Internet Filtering
by, Ronald Deibert (Editor), John G. Palfrey (Editor), Rafal Rohozinski (Editor), Jonathan Zittrain (Editor)
The MIT Press


Internet filtering takes place in over two dozens states worldwide including many countries in Asia and the Middle East and North Africa. Related Internet content control mechanisms are also in place in Canada, the United States and a cluster of countries in Europe. Drawing on a just-completed survey of global Internet filtering undertaken by the OpenNet Initiative (a collaboration of the Berkman Center for Internet and Society at Harvard Law School, the Citizen Lab at the University of Toronto, the Oxford Internet Institute at Oxford University, and the University of Cambridge) and relying on work by regional experts and an extensive network of researchers, Access Denied examines the political, legal, social, and cultural contexts of Internet filtering in these states from a variety of perspectives. Chapters discuss the mechanisms and politics of Internet filtering, the strengths and limitations of the technology that powers it, the relevance of international law, ethical considerations for corporations that supply states with the tools for blocking and filtering, and the implications of Internet filtering for activist communities that increasingly rely on Internet technologies for communicating their missions.

Click here to order a copy of this book.

Back to top 


Everything is Miscellaneous: The Power of the New Digital Disorder
by, David Weinberger
Times Books, May 1, 2007


For 2,500 years we’ve used the same principles for organizing information, ideas and knowledge that we use for putting away our laundry: Everything has its place, things are put with other things like it, it’s all neat and tidy. But as we move information on line, it no longer has to share the limits on the physical. We are rapidly inventing new principles of order, moving from newspapers to blogs, from encyclopedias to Wikipedia, from librarians to taggers. In fact, it turns out that the best way to manage digital information is *not* to have experts filter and sort it before hand, but to make a huge miscellaneous pile of it, include everything, and allow users to sort and organize it. This opens up new opportunities, but it fundamentally changes the nature of authority across all of our major institutions, including business, the media, science, education and government.

Click here to order a copy of this book.

Review by Cory Doctorow.

Back to top 


A Crowd of One: The Future of Individual Identity
by, John H. Clippinger
Public Affairs Books, April 19, 2007


In A CROWD OF ONE, John Clippinger takes us through the historical origins of identity and the way it is influencing – and being influenced by – today's world. He examines origin narratives from around the world and the religious underpinnings of many peopleís identities, and explores the competing theories of human nature developed by Hobbes, Adam Smith, and some of the other leading philosophical minds throughout history. He applies principles from evolutionary biology to show why and how we evolved some of our most unique capacities: trust, empathy, retribution, honor, virtue, leadership, reciprocity, and collaboration. Drawing on modern scientific studies, he debunks some of our strongest-held beliefs about individualism, rationality, self interest and moral absolutism. He challenges thinkers on the Left and the Right and proposes a new theory of leadership, social virtue, and cooperation derived from evolutionary biology and neuroscience.

Click here to order a copy of this book.

Back to top 


Perspectives on Free and Open Source Software
by, Joseph Feller (Editor), Brian Fitzgerald (Editor), Scott A. Hissam (Editor), Karim R. Lakhani (Editor)
The MIT Press, 2006

The book analyzes a number of key topics: the motivation behind F/OSS -- why highly skilled software developers devote large amounts of time to the creation of "free" products and services; the objective, empirically grounded evaluation of software -- necessary to counter what one chapter author calls the "steamroller" of F/OSS hype; the software engineering processes and tools used in specific projects, including Apache, GNOME, and Mozilla; the economic and business models that reflect the changing relationships between users and firms, technical communities and firms, and between competitors; and legal, cultural, and social issues, including one contribution that suggests parallels between "open code" and "open society" and another that points to the need for understanding the movement's social causes and consequences.

Click here to order a copy of this book.

Available for free download here.

Back to top 


Who Controls the Internet?: Illusions of a Borderless World
by, Jack Goldsmith and Tim Wu
Oxford University Press, 2006


Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them.

While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance.

Click here to order a copy of this book.

Back to top 


We the Media: Grassroots Journalism By the People, For the People
by, Dan Gillmor
O'Reilly Media, Inc., 2006

Grassroots journalists are dismantling Big Media's monopoly on the news, transforming it from a lecture to a conversation. Not content to accept the news as reported, these readers-turned-reporters are publishing in real time to a worldwide audience via the Internet. The impact of their work is just beginning to be felt by professional journalists and the newsmakers they cover. In We the Media: Grassroots Journalism by the People, for the People, nationally known business and technology columnist Dan Gillmor tells the story of this emerging phenomenon, and sheds light on this deep shift in how we make and consume the news.

Click here to order a copy of this book.

Back to top 


The Canon of American Legal Thought
by, David Kennedy (Editor), William W. Fisher III (Editor)
Princeton University Press, 2006


This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history.

These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received.

Click here to order a copy of this book.

Back to top 


The Wealth of Networks: How Social Production Transforms Markets and Freedom
by, Yochai Benkler
Yale University Press, 2006


Production is shifting from physical products like blue jeans, to decentralized information goods, like articles on the Internet. This gives users more power (they can publish instead of just reading), creates more opportunities for democratic participation, lowers costs for developing countries, and democratizes the creation of our culture.

This book will analyze these changes by looking at what new technologies make easy, applying an individualist economic model, and examining the effects on human beings. As the state's role has largely been to support big companies, this book will largely ignore it, even though it could be used as a force for good.

Click here to order a copy of this book.

Available for free download here.

Back to top 


Code: Version 2.0
by, Lawrence Lessig
Basic Books, 2006

There’s a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government’s (or anyone else’s) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no “nature.” It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of oppressive control. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that’s not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author’s wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.

Click here to order a copy of this book.

Available for free dowload here.

Back to top 


Internet Law Series: Technological Complements to Copyright
by, Jonathan L. Zittain
Foundation Press, 2005


This volume is devoted to exploring the technological, legal, and policy issues arising from widespread unauthorized copying of copyright material. The book explains the history of "trusted systems" that permit publishers to control how the public relates to their materials and assesses the likelihood that such systems can come into common use. Legal and policy choices that are designed to encourage the development of such systems are discussed, along with the implications for the future of both information technology and intellectual property law.

Click here to order a copy of this book.

Back to top 


Internet Law Series: Jurisdiction
by, Jonathan L. Zittain
Foundation Press, 2005


This casebook explores Internet Law as a coherent if organic whole — integrating the historical sweep of the global Internet’s development with both the opportunities and problems it has brought about. The book is broad and thorough enough to be the primary or sole text for a variety of Internet-related courses, while deep enough to bring students through the important nuances of such doctrinal topics as copyright, privacy and jurisdiction without assuming any particular prior exposure to these subfields.

Click here to order a copy of this book.

Back to top 


Free Culture: The Nature and Future of Creativity
by, Lawrence Lessig
Penguin, 2005


All creative works—books, movies, records, software, and so on—are a compromise between what can be imagined and what is possible—technologically and legally.  For more than two hundred years, laws in America have sought a balance between rewarding creativity and allowing the borrowing from which new creativity springs.  The original term of copyright set by the Constitution in 1787 was seventeen years. Now it is closer to two hundred. Thomas Jefferson considered protecting the public against overly long monopolies on creative works an essential government role.  What did he know that we’ve forgotten?

Lawrence Lessig shows us that while new technologies always lead to new laws, never before have the big cultural monopolists used the fear created by new technologies, specifically the Internet, to shrink the public domain of ideas, even as the same corporations use the same technologies to control more and more what we can and can’t do with culture. As more and more culture becomes digitized, more and more becomes controllable, even as laws are being toughened at the behest of the big media groups. What’s at stake is our freedom—freedom to create, freedom to build, and ultimately, freedom to imagine.

Click here to order a copy of this book.

Available for free download here.

Back to top 


Promises to Keep: Technology, Law, and the Future of Entertainment
by, William W. Fisher III
Stanford Law and Politics, 2004


During the past fifteen years, changes in technology have generated an extraordinary array of new ways in which music and movies can be produced and distributed. Both the creators and the consumers of entertainment products stand to benefit enormously from the new systems. Sadly, we have failed thus far to avail ourselves of these opportunities. Instead, much energy has been devoted to interpreting or changing legal rules in hopes of defending older business models against the threats posed by the new technologies. These efforts to plug the multiplying holes in the legal dikes are failing and the entertainment industry has fallen into crisis. This provocative book chronicles how we got into this mess and presents three alternative proposals—each involving a combination of legal reforms and new business models—for how we could get out of it.

Click here to order a copy of this book.

Portions of the book are available for free download.

Back to top 


The Torts Game: Defending Mean Joe Green
by, Jonathan Zittain and Jennifer Harrison
Aspen Publishers, 2004


An unforgettable introduction to torts, this brief secondary text offers a chance to understand and develop the skills and analysis used in the actual practice of tort law. What first presents itself as a straightforward case emerges as a fascinating story with complex strategizing.  Special attention is given to torts subjects found within a first-year curriculum, as well as to areas of inquiry that often escape doctrinal study but still bear crucially on understanding the real interests and arguments behind the cases found in a standard textbook.

Click here to order a copy of this book.

Back to top 


Copyright Law: A Practitioner's Guide
by, Bruce P. Keller and Jeffrey P. Cunard
Practicing Law Institute, 2004

Written by two nationally recognized lawyers, Keller & Cunard's Copyright Law clearly explains the fundamentals of copyright law and how they apply to all media in the "real" and "virtual" worlds. Essential reading for anyone who makes practical judgments in these areas, Copyright Law features firsthand analysis of several of today's groundbreaking copyright cases.

Click here to order a copy of this book.

Back to top 


Information Quality Regulation: Foundations Perspectives, and Applications
by, Urs Gasser (Editor)


Click here to order a copy of this book.

Back to top 










Small Pieces Loosely Joined: A Unified Theory of the Web
by, David Weinberger
Perseus Books Group, 2003

In this insightful social commentary, David Weinberger goes beyond misdirected hype to reveal what is truly revolutionary about the Web. Just as Marshall McLuhan forever altered our view of broadcast media, Weinberger shows that the Web is transforming not only social institutions but also bedrock concepts of our world such as space, time, self, knowledge-even reality itself. Through stories of life on the Web, a unique take on Web sites, and a pervasive sense of humor, Weinberger is the first to put the Web into the social and intellectual context we need to begin assessing its true impact on our lives. The irony, according to Weinberger, is that this seemingly weird new technology is more in tune with our authentic selves than is the modern world. Funny, provocative, and ultimately hopeful, Small Pieces Loosely Joined makes us look at the Web as never before.

Click here to order a copy of this book.

Back to top 


The Global Information Technology Report, 2001-2002
by, World Economic Forum (Author), Geoffrey Kirkman (Editor), Peter K. Cornelius (Editor), Jeffrey D. Sachs (Editor), Klaus Schwab (Editor), Colin Maclay (Chapter Author), Michael Best (Chapter Author)
Oxford University Press, 2002


The Global Information Technology Report 2001-2002: Readiness for the Networked World provides the most comprehensive documentation to date of how ICTs are being used around the world. Blending visionary commentary with rigorous analysis, the Report addresses the major opportunities and obstacles that global leaders face as they try to more fully participate in the Networked World. Decision-makers face complex choices for which they need comprehensive and reputable information and perspective-these challenges range from telecommunications reform to changing educational needs to new business models to a better understanding of the impact of ICTs. The Report is an important resource that will help leaders around the world deal with these and related issues. Through the development of the first Networked Readiness Index, which ranks 75 countries according to their capacity to take advantage of ICT networks, a series of 75 in-depth Networked Readiness country profiles, and thematic chapters by some of the world's leading experts on the Networked World, the Report provides an ambitious, global panorama of how ICTs are being used, and what opportunities and challenges remain. The vision, analysis and action within the Global Information Technology Readiness Report 2001-2002 make it a unique and valuable publication for policymakers, business leaders and others who make important decisions relating to the Networked World.

Click here to order a copy of this book.

Portions of the report are available for free download.

Back to top 


The Biology of Business: Decoding the Natural Laws of Enterprise
by, John H. Clippinger
Jossey-Bass, 2001

Increasingly interconnected, volatile, and complex, today's organizations cannot be controlled by any conventional approach to management. Indeed, an entirely new definition of what it means to manage is called for. In The Biology of Business, John Clippinger and nine outstanding contributors introduce managers to the Complex Adaptive System (CAS) of management, a system that takes into account all of the variables that impact modern enterprises and allows managers to take control from the bottom up. Here, the authors show how McKinsey & Co., Capital One, and Optimark have employed CAS to achieve specific business goals and improve overall corporate fitness. And they bridge theory and practice to provide managers with proven tools and techniques they can use to transform their enterprises into self-renewing, self-organizing systems that are maximally responsive to changing market conditions and opportunities.

Click here to order a copy of this book.

Back to top 


The Cluetrain Manifesto: The End of Business as Usual
by, Christopher Locke, Rick Levine, Doc Searls, David Weinberger
Perseus Books Group, 2001

Increasingly interconnected, volatile, and complex, today's organizations cannot be controlled by any conventional approach to management. Indeed, an entirely new definition of what it means to manage is called for. In The Biology of Business, John Clippinger and nine outstanding contributors introduce managers to the Complex Adaptive System (CAS) of management, a system that takes into account all of the variables that impact modern enterprises and allows managers to take control from the bottom up. Here, the authors show how McKinsey & Co., Capital One, and Optimark have employed CAS to achieve specific business goals and improve overall corporate fitness. And they bridge theory and practice to provide managers with proven tools and techniques they can use to transform their enterprises into self-renewing, self-organizing systems that are maximally responsive to changing market conditions and opportunities.

Click here to order a copy of this book.

Back to top 


The Future of Ideas: The Fate of the Commons in a Connected World
by, Lawrence Lessig
Random House, 2001

In The Future of Ideas, Lawrence Lessig explains how the Internet revolution has produced a counterrevolution of devastating power and effect. The explosion of innovation we have seen in the environment of the Internet was not conjured from some new, previously unimagined technological magic; instead, it came from an ideal as old as the nation. Creativity flourished there because the Internet protected an innovation commons. The Internet’s very design built a neutral platform upon which the widest range of creators could experiment. The legal architecture surrounding it protected this free space so that culture and information–the ideas of our era–could flow freely and inspire an unprecedented breadth of expression. But this structural design is changing–both legally and technically.

This shift will destroy the opportunities for creativity and innovation that the Internet originally engendered. The cultural dinosaurs of our recent past are moving to quickly remake cyberspace so that they can better protect their interests against the future. Powerful conglomerates are swiftly using both law and technology to "tame" the Internet, transforming it from an open forum for ideas into nothing more than cable television on speed. Innovation, once again, will be directed from the top down, increasingly controlled by owners of the networks, holders of the largest patent portfolios, and, most invidiously, hoarders of copyrights.

Click here to order a copy of this book.

Back to top 


Code and Other Laws of Cyberspace
by, Lawrence Lessig
Basic Books, 2000

There’s a common belief that cyberspace cannot be regulated—that it is, in its very essence, immune from the government’s (or anyone else’s) control. Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no “nature.” It only has code—the software and hardware that make cyberspace what it is. That code can create a place of freedom—as the original architecture of the Net did—or a place of exquisitely oppressive control. If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space. But that’s not inevitable either. We can—we must—choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.

Click here to order a copy of this book.

Back to top 


Trickster Makes the World: Mischief, Myth and Art 
by, Lewis Hyde
Farrar Straus & Giroux, 1999


Trickster Makes This World solidifies Lewis Hyde's reputation as, in Robert Bly's words, "the most subtle, thorough, and brilliant mythologist we now have." In it, Hyde now brings to life the playful and disruptive side of human imagination as it is embodied in trickster mythology. He first revisits the old stories--Hermes in Greece, Eshu in West Africa, Krishna in India, Coyote in North America, among others--and then holds them up against the life and work of more recent creators: Picasso, Duchamp, Ginsberg, John Cage, and Frederick Douglass. Authoritative in its scholarship, loose-limbed in its style, Trickster Makes This World ranks among the great works of modern cultural criticism.

Click here to order a copy of this book.

Back to top 


Borders in Cyberspace: Information Policy and the Global Information Infrastructure
by, Charles Nesson
The MIT Press, 1997

The international nature of the Internet often conflicts with national differences in law, social values, and public policy. Within national boundaries, local ordinances add another layer of discord. And many governments have been caught off-guard by the Net's explosive growth. Some concern and confusion can be attributed to laws developed for earlier forms of media and business transactions. The contributors to this collection of essays wrestle with the emerging questions posed by a medium that defies national boundaries in ways previously unknown and woefully unexpected. Among the issues covered are intellectual property, commerce, security, privacy, and censorship.

Click here to order a copy of this book.

Back to top 


The Harvard Conference on the Internet and Society
Edited by, O'Reilly Media, Inc.
O'Reilly Media (1996)


This volume includes writings, debate, and expert assessment of rapidly changing Internet technology. Bill Gates and Scott McNealy join dozens of leaders in providing first-hand accounts of current revolutionary changes in the computer industry, as well as their influence on the future. Topics include privacy and security, property rights, censorship, telecommunications regulation, and the global impact of emerging Internet technologies.

Click here to order a copy of this book.

Back to top 


American Legal Realism
by, William W. Fisher III (Editor), Morton J. Horwitz (Editor), Thomas A. Reed (Editor)
Oxford University Press, 1993


A comprehensive, in-depth discussion of the most influential movement in American legal history, and one which remains more than fifty years later the subject of lively debate, this collection of readings, written largely between 1900 and 1940, includes works from prominent writers on the subject that have never before been generally available. Introduced and edited by noted scholars in the field, the anthology includes such contributors as Oliver Wendell Holmes, James Thayer, Roscoe Pound, John Chipman Gray, Wesley Hohfeld, Karl Llewellyn, Arthur Corbin, Nathan Issacs, Robert Hale, Harold Laski, Max Radin, and others. With concise biographical notes as well as introductions to provide historical context, each selection addresses a different debate involving Legal Realism. Included is a selective bibliography, making the text valuable to a broad range of scholars.

Click here to order a copy of this book.

Back to top 


The Gift: Imagination and the Erotic Life of Property 
by, Lewis Hyde
Vintage Books, 1983


Originally published in 1983, The Gift has become a modern classic for the theory and practice of gift economies.  Starting with the premise that works of art are better described as gifts than as commodities, Lewis Hyde's revolutionary book ranges across anthropology, literature, economics, and psychology to show how the "commerce of the creative spirit" functions in the lives of artists and in the culture as a whole.

In the past twenty-five years, The Gift has found an audience well beyond the artistic world that is its original focus.  Its enthusiastic readers include historians, museum curators, landscape architects, psychoanalysts, agronomists, environmentalists, and advocates of free software and free culture.  A translation into Japanese appeared in 1998, an Italian version in 2005.  In 2006, Canongate Books in Scotland brought out a new edition for the United Kingdom.  Chinese, Russian, Spanish, Portugese, German, and Turkish versions are in the works.  In December 2007 Vintage Books will issue a second, expanded edition.

Click here to order a copy of this book.

Back to top