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 and our Medium collection)

The Global Information Technology Report 2001-2002: Readiness for the Networked World

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.

Authored by
  • Geoffrey Kirkman
  • Klaus Schwab

26 Jun 2002

Readiness for the Networked World: Jamaica Assessment

This readiness assessment is based on a methodology developed by the Information Technologies Group at the Centre for International Development at Harvard University. The methodology aims at assessing the status of information and communication technologies (ICTs) in a developing country in order to evaluate the readiness of this country or region to compete in the information economy.

Authored by
  • Rohan Kariyawasam

30 Apr 2002

What the Publisher Can Teach the Patient: Intellectual Property and Privacy in an Era of Trusted Privication

Individuals have long had the desire but little ability to control the dissemination of personal information about their health.... Technology has so far only made exploitation of personal information easier. The danger this era portends is that what is gained in efficiency of health care provision may be lost in erosion of privacy. Privacy advocates could learn a new approach to this problem from an unlikely teacher: publishers of intellectual property - specifically, the American music industry. (February, 2000)

Authored by
  • Jonathan Zittrain

24 Feb 2000

Zoning Speech on the Internet: A Legal and Technical Model

Speech, it is said, divides into three sorts — (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg2 speech, or speech that is “harmful to minors,” to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail.

Authored by
  • Lawrence Lessig
  • Paul Resnick

15 Dec 1999

The Law of the Horse: What Cyberlaw Might Teach

A few years ago, at a conference on the “Law of Cyberspace” held at the University of Chicago, Judge Frank Easterbrook told the assembled listeners, a room packed with “cyberlaw” devotees (and worse), that there was no more a “law of cyberspace” than there was a “Law of the Horse”;that the effort to speak as if there were such a law would just muddle rather than clarify; and that legal academics (“dilettantes”) should just stand aside as judges and lawyers and technologists worked through the quotidian problems that this souped-up telephone would present. (December, 1999)

Authored by
  • Lawrence Lessig

3 Dec 1999

The Biology of Business

Decoding the Natural Laws of Enterprise

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.

Authored by
  • John Clippinger

30 Sep 1999

MP3: Copyright Protection for Music on the Move

The Internet has become notorious for the frenetic pace at which its enabling technologies engender movements which impact the lives and interests of those who deal in its realm. Nowhere has this been more clear in recent months than when confronting the concept of music on the Web; most particularly, music distributed via the MP3 format. Artists embrace it as the binary Holy Grail, fans revel in its grassroots symbolism, and recording industry execs just want to know how to make it all go away. Read on for more about how these players and the law interact in a Web showdown worthy of the Internet's "Wild Wild West" appellation.

Authored by
  • Michelle Spaulding

31 Aug 1999

The Power of Openness - Why Citizens, Education, Government and Business Should Care About the Coming Revolution in Open...

As software and networking technologies rapidly insinuate themselves into the deepest reaches of American commerce, culture and governance, the architecture of our democratic society is being transformed. One lesson that is becoming clearer is that the design of hardware and software and the governance of the Internet matters.

Authored by
  • David Bollier

1 Apr 1999

The Censorship of Television

Only an informed public can meaningfully participate in decisions about matters of public import. Television is one aspect of an informal public education. Thus...we should understand the threats to this institution of informal education, and should map the role that the First Amendment might have in protecting against those threats.

Authored by
  • Lawrence Lessig

8 Mar 1999

What Things Regulate Speech: CDA 2.0 vs. Filtering (Draft 3.01)

In 1995, California passed a statute making it a crime to sell porn in vending machines. More precisely, the statute made it a crime to sell “harmful matter” (meaning harmful to minors) in any vending machine, unless that vending machine is equipped with an adult identification number system. What “harmful matter” is is anyone’s guess. (Draft 3.01, May 12, 1998)

Authored by
  • Lawrence Lessig

11 May 1998

InternetandSociety_Report_resized.gif

The Harvard Conference on the Internet and Society

In the Spring of 1996, hundreds of international leaders in business, law, government, and education gathered at Harvard University to discuss the growing and future impact of the Internet: one of the most potent technological innovations of this century. This volume, which includes the writings, discussion transcripts, and computer demonstrations from this ground-breaking forum, provides an expert assessment of the impact of this rapidly changing technology on business, government, media, and education for the next decade and into the new millennium.

24 Apr 1997

The Rise and Fall of Sysopdom

"Sysop" has gone from a term of art known only to the bleeding-edge few to a dusty anachronism known only to the bleeding-gums few, without the usual years-long general linguistic acceptance and respect in between. (Harvard Journal of Law and Technology, Summer 1997)

Authored by
  • Jonathan Zittrain

1 Jan 1997

AmericanLegalRealism_Fisher_resized.jpg

American Legal Realism

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.

Authored by
  • William Fisher
  • Morton Horwitz

1 Jan 1993

Towards a Modern Approach to Privacy-Aware Government Data Releases

Governments are under increasing pressure to promote transparency, accountability, and innovation by making the data they hold available to the public. Because the data often contain information about individuals, agencies rely on various standards and interventions to protect privacy interests while supporting a range of beneficial uses of the data. This article provides a survey of practices for releasing data in response to freedom of information and Privacy Act requests, traditional public and vital records, official statistics, and e-government and open government initiatives.

Authored by
  • Urs Gasser
  • Alexandra Wood
  • David O'Brien

Pages