Publications

The Berkman Klein Center has established the premier series of scholarly publications on matters related to the Internet, law, and society, which is jointly published with the Social Science Research Network (SSRN).

Below is a selected list of these works, which includes scholarly papers as well as books, written by Berkman Klein faculty and fellows. To be notified when new reports are added to this list, sign up for our reports release email list.

(For additional writings and blog posts from Berkman community members and projects, which are not included in this series, see our aggregated community blog feed.)

Hammering Square Pegs into Round Holes

The Geographical Scope of Application of the EU Right to be Delisted

In this paper, Michel Reymond explores the extraterritorial effects of the Google Spain decision rendered in May 2014 by the European Court of Justice. Through a methodology inspired by private international law, the author examines the geographical reach of the so-called ‘Right to be Forgotten,’ which is more correctly identified as a ‘Right to be Delisted.’

15 Sep 2016

Culture Change and Digital Technology: The NYPD under Commissioner William Bratton, 2014-2016

This white paper explores NYPD's adoption of Twitter and an ideation platform called IdeaScale that was aimed at allowing community members to nominate "quality of life" issues for resolution by the police. It examines the department's pivot to Facebook as an interactive communications platform following its experience with IdeaScale...

12 Sep 2016

Privacy and Student Data

An Overview of Federal Laws Impacting Student Information Collected Through Networked Technologies

Harvard Law School’s Cyberlaw Clinic, based at the Berkman Center for Internet & Society, has prepared this guide to provide a high-level overview of two of the major federal legal regimes that govern the privacy of children’s and students’ data in the United States: the Family Educational Rights and Privacy Act and the Children’s Online Privacy Protection Act.

Authored by
  • Dalia Topelson Ritvo

29 Jun 2016

#IranVotes

Political Discourse on Iranian Twitter During the 2016 Parliamentary Elections

#IranVotes: Political Discourse on Iranian Twitter During the 2016 Parliamentary Elections” maps and analyzes the content and structure of the Iranian Twittersphere over the course of the 2016 legislative elections in order to identify the communities that developed around various political, social, and cultural issues and to assess the influence of online political campaigning on the platform.

Authored by
  • John Kelly
  • Rebekah Heacock Jones

22 Jun 2016

Public Opinion toward Internet Freedom in Asia: A Survey of Internet Users from 11 Jurisdictions

The purpose of the study is to understand the public opinion toward issues related to Internet freedom in Asia. This report provides a basic overview of the opinions and behaviors on a number of topics related to Internet freedom, including but not limited to Internet censorship and the adoption and use of circumvention, anonymization, and encryption tools.

Authored by
  • Fei Shen
  • Lokman Tsui

4 May 2016

Maximizing K-12 Fiber Connectivity Through E-Rate: An Overview

An evaluation of self-construction, dark fiber, and lit fiber options for school districts following recent enhancements to E-rate

This new toolkit provides school system leaders the guidance to understand and leverage the federal E-rate program, which provides up to $3.9 billion annually to subsidize the provision of high-speed Internet access to schools and libraries.  

14 Apr 2016

The Transparency Reporting Toolkit:

Best Practices for Reporting on U.S. Government Requests for User Information

The Transparency Reporting Toolkit is a project by the Berkman Center for Internet & Society at Harvard University and New America’s Open Technology Institute (OTI). Using research on the current state of transparency reporting, the project aims to identify best practices, create a template transparency report, and establish reporting guidelines.

31 Mar 2016

Mobilization for Change

The role of the networked public sphere in advancing civic participation and collective action in the Arab region

“Mobilization for Change” is a series of reports examining the role of the networked public sphere in advancing civic participation and collective action in the Arab region.

Authored by
  • Rob Faris
  • John Kelly
  • Helmi Noman
  • Dalia Othman
  • Nagla Rizk

9 Mar 2016

Cloudy with a Conflict of Laws

How Cloud Computing Has Disrupted the Mutual Legal Assistance Treaty System and Why It Matters

This paper describes how the fractal complexity of cloud computing’s physical geography has fractured the system of Mutual Legal Assistance Treaties (MLATs) that arose during the jet age to help shuttle evidence of crime across borders. 

Authored by
  • Vivek Krishnamurthy

16 Feb 2016

Between Openness and Privacy in Genomics

In this report, which was published in PLOS Medicine, the authors examine the questions around access to genomic data. They argue that the real breakthrough in reconciling privacy and openness in genomics requires confronting head-on some fundamentally normative tensions that are escalated in the era of genomics and big data, and they suggest three points that will play a crucial role in navigating between privacy and openness.

Authored by
  • Effy Vayena
  • Urs Gasser

12 Jan 2016

Openness and Restraint

Structure, Discourse, and Contention in Saudi Twitter

"Openness and Restraint" maps and analyzes the structure and content of the Saudi Twittersphere and identifies the communities that coalesce around different political, religious, social, and cultural topics and viewpoints. The paper examines how users take advantage of the fact that Twitter is an unfiltered media platform to advance their political and social causes.

Authored by
  • Helmi Noman
  • Rob Faris
  • John Kelly

10 Dec 2015

Towards Digital Constitutionalism? Mapping Attempts to Craft an Internet Bill of Rights

The idea of an “Internet Bill of Rights” is by no means a new one: in fact, serious efforts to draft such a document can be traced at least as far back as the mid-1990s. In this paper, we propose a unified term to describe these efforts using the umbrella of “digital constitutionalism” and conduct an analysis of thirty initiatives spanning from 1999 to 2015. 

Authored by
  • Lex Gill
  • Dennis Redeker
  • Urs Gasser

9 Nov 2015

Beyond the Wall

Mapping Twitter in China

"Beyond the Wall: Mapping Twitter in China" offers a rare look at the activity of Chinese Internet users on a platform that is largely unregulated by the state and only reachable through the use of tools that circumvent state-mandated Internet filters.

Authored by
  • Sonya Song
  • Rob Faris
  • John Kelly

4 Nov 2015

Good Practices for University Open-Access Policies

We have worked directly for many years with colleagues at many institutions on policies to facilitate open access to faculty research. We began writing this guide in 2011 to codify the kind of advice we found ourselves repeating, make it available to more institutions than we could ever reach directly, and solicit the help of others in making it more comprehensive and useful. 

Edited by
  • Stuart Shieber
  • Peter Suber

16 Oct 2015

Designing Successful Governance Groups

Lessons for Leaders from Real-World Examples

The Berkman Center for Internet & Society, together with the Global Network of Internet and Society Research Centers (NoC), is pleased to announce the release of a new publication, “Designing Successful Governance Groups: Lessons for Leaders from Real-World Examples." This paper draws on our previous research and provides an actionable starting place for those interested in understanding some of the critical ingredients for successful multistakeholder governance.

Authored by
  • Ryan Budish
  • Sarah Myers West
  • Urs Gasser

10 Aug 2015

Student Privacy: The Next Frontier

Emerging & Future Privacy Issues in K-12 Learning Environments

Building off several prior working meetings which mapped and considered the implications of the new and rapidly evolving ecosystem of networked technology being used with education (“ed tech”), the Berkman Center for Internet & Society’s Student Privacy Initiative convened a conversation in May 2015 among multiple stakeholders, including, but not limited to, K-12 educators, district administrators, academics, policy makers, and industry representatives. This report seeks to summarize the conversation's main themes and highlight suggestions for future action...

Authored by
  • Paulina Haduong
  • Sandra Cortesi
  • Leah Plunkett
  • Dalia Topelson Ritvo
  • Urs Gasser

30 Jul 2015

Holyoke: A Massachusetts Municipal Light Plant Seizes Internet Access Business Opportunities

Holyoke Gas & Electric’s telecom division provides high-speed Internet access to local businesses and public agencies, bringing in revenue and profits while aiding in local economic development and saving the municipality more than $300,000 a year. At the same time, it has expanded to other lines of business and serves three communities outside Holyoke which need its help. HG&E Telecom’s success in a competitive environment suggests opportunities for other municipal light plants in Massachusetts and other states.

8 Jul 2015

Digitally Connected: Global Perspectives on Youth and Digital Media

An ebook presenting diverse views, experiences, and insights on key challenges and opportunities

“Digitally Connected: Global Perspectives on Youth and Digital Media,” is a first-of-its kind collection of essays that offers reflections from diverse perspectives on youth experiences with digital media and with focus on the Global South.  It creatively combines adult voices with written and visual contributions by young people from around the world.

Edited by
  • Urs Gasser
  • Sandra Cortesi

7 Apr 2015

Governance of Online Intermediaries: Observations From a Series of National Case Studies

This project examines the rapidly changing landscape of online intermediary liability at the intersection of law, technology, norms, and markets, and is aimed at informing and improving Internet policy-making globally, and is a first output of a larger initiative on the governance of online intermediaries. 

Edited by
  • Urs Gasser
  • Wolfgang Schulz

18 Feb 2015

Score Another One for the Internet? The Role of the Networked Public Sphere in the U.S. Net Neutrality Policy Debate

A new paper from the Media Cloud team concludes that a diverse set of actors working in conjunction through the networked public sphere played a central, arguably decisive, role in turning around the Federal Communications Commission policy on net neutrality. 

Authored by
  • Rob Faris
  • Hal Roberts
  • Bruce Etling
  • Dalia Othman
  • Yochai Benkler

10 Feb 2015

Arab Religious Skeptics Online

Anonymity, Autonomy, and Discourse in a Hostile Environment

"Arab Religious Skeptics Online: Anonymity, Autonomy, and Discourse in a Hostile Environment," authored by Helmi Noman, is the sixth paper in the Internet Monitor special report series, which focuses on key events and new developments in Internet freedom. The report analyzes the content, discourse, and structure of three prominent Arab atheist web forums and examines the relationship between the networked information economy and the emergence of religious skeptics in Arab cyberspace.

Authored by
  • Helmi Noman

5 Feb 2015

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