Program Schedule: Difference between revisions

From Internet Law Program 2011
Jump to navigation Jump to search
 
(157 intermediate revisions by 5 users not shown)
Line 3: Line 3:
==Master Program Schedule==
==Master Program Schedule==


{|class="wikitable" border=3 align="center" style="background-color:#FFFFCC;"
|align="center"|<big>'''Important Program Information'''</big>
|-
|style="background-color:#FFFFFF;"|
'''Please note that the iLaw 2011 Program is a Harvard Law School class that is closed to the public. Attendance is restricted to registered students and invited guests.'''
|}
{| border=1 align="center"
|-
! colspan="3" align="center"|KEY
|-style="height: 70px;"
|width="175" align="center" style="background-color:#C0504D;"|'''Pillar Theme Sessions'''
|width="175" align="center" style="background-color:#F79646;"|'''Cross-Sectional Theme Sessions'''
|width="175" align="center" style="background-color:#4F81BD;"|'''Case Studies'''
|}
<br>
<br>
{| class="wikitable collapsible autocollapse" border = "1"; align = center
{| class="wikitable collapsible autocollapse" border = "1"; align = center
|+<big>'''DRAFT Program Agenda'''</big>
|+<big>'''DRAFT Program Agenda'''</big>
Line 14: Line 32:
|9:00
|9:00
|&nbsp;
|&nbsp;
|align="center" style="background-color:#FFFFFF;"|'''Welcoming Remarks'''
|align="center" style="background-color:#BFBFBF;"|'''Welcoming Remarks'''
9:00 to 10:30<br>
9:00 to 9:15<br>
''Lead: William Fisher''
''Leads: William Fisher and Jonathan Zittrain''
|rowspan="3" align="center" style="background-color:#FF8A8A;"|'''[[The Changing Internet: Cybersecurity]]'''
|&nbsp;
9:00 to 10:30
|&nbsp;
|align="center" style="background-color:#FFFFF;"|'''*[[Mid-Point Check-in]]*'''
|&nbsp;
Part 2<br>
9:00 to 9:30
|rowspan="4" align="center" style="background-color:#7CEB98;"|'''[[The Future of the Internet]]'''<br>
9:00 to 11:00<br>
''Lead: Jonathan Zittrain''
|-style="height: 50px;"
|-style="height: 50px;"
|9:30
|9:30
|&nbsp;
|&nbsp;
|rowspan="2" align="center" style="background-color:#7CEB98;"|'''[[The History of the Internet]]'''
|rowspan="3" align="center" style="background-color:#F79646;"|'''[[The History of the Internet]]'''
9:30 to 10:30<br>
9:15 to 11:15<br>
''Lead: Jonathan Zittrain''
''Leads: Jonathan Zittrain with Lawrence Lessig* (TBC)''
|rowspan="3" align="center" style="background-color:#FF8A8A;"|'''[[Digital Humanities]]'''
|&nbsp;
9:20 to 11:30
|&nbsp;
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|10:00
|10:00
|&nbsp;
|&nbsp;
|rowspan="3" align="center" style="background-color:#C0504D;"|'''[[The Changing Internet: Cybersecurity]]'''
10:00 to 11:30<br>
''Lead: Jonathan Zittrain''
|align="center" style="background-color:#CCC0DA;"|'''*[[Mid-Point Check-in]]*'''
Part 2<br>
10:00 to 10:20<br>
''Lead: Charlie Nesson''
|rowspan="2" align="center" style="background-color:#4F81BD;"|'''[[Minds for Sale]]'''
10:00 to 11:00<br>
''Lead: Jonathan Zittrain''
|-style="height: 50px;"
|-style="height: 50px;"
|10:30
|10:30
|&nbsp;
|&nbsp;
|align="center"|30-minute break
|rowspan="3" align="center" style="background-color:#C0504D;"|'''[[Digital Humanities]]'''
|align="center"|30-minute break
10:20 to 12:00<br>
''Leads: Jeffrey Schnapp and Jesse Shapins''
|-style="height: 50px;"
|-style="height: 50px;"
|11:00
|11:00
|&nbsp;
|&nbsp;
|rowspan="3" align="center" style="background-color:#FF8A8A;"|'''[[Open Systems/Access]]'''
|align="center"|15-minute Break
11:00 to 12:30<br>
11:15 to 11:30
''Lead: Yochai Benkler''
|align="center"|30-minute Break
|rowspan="3" align="center" style="background-color:#FF8A8A;"|'''[[Intellectual Property]]'''
11:00 to 12:30<br>
''Leads: William Fisher and Charles Nesson''
|align="center"|30-minute break
|align="center"|30-minute break
|-style="height: 50px;"
|-style="height: 50px;"
|11:30
|11:30
|&nbsp;
|&nbsp;
|rowspan="2" align="center" style="background-color:#7CEB98;"|'''[[Digital Libraries, Archives, and Rights Registries]]'''
|rowspan="3" align="center" style="background-color:#C0504D;"|'''[[Open Systems/Access]]'''
11:30 to 12:30<br>
11:30 to 1:00<br>
''Moderator: Charles Nesson''<br>
''Lead: Yochai Benkler''
|rowspan="2" align="center"|'''Student Presentations(?)'''
|align="center"|30-minute break
11:30 to 12:30<br>
|rowspan="3" align="center" style="background-color:#F79646;"|'''[[Interoperability]]'''
Lead: TBD
11:30 to 1:00<br>
''Leads: Urs Gasser with John Palfrey''
|-style="height: 50px;"
|-style="height: 50px;"
|12:00
|12:00
|&nbsp;
|&nbsp;
|rowspan="3" align="center" style="background-color:#C0504D;"|'''[[Intellectual Property]]'''
12:00 to 1:30<br>
''Leads: William Fisher and Charlie Nesson''
|align="center"|30-minute break
|-style="height: 50px;"
|-style="height: 50px;"
|12:30
|12:30
|&nbsp;
|&nbsp;
|rowspan="2" align="center"|Lunch
|rowspan="2" align="center" style="background-color:#4F81BD;"|'''[[Digital Libraries, Archives, and Rights Registries]]'''
12:30 to 1:30
12:30 to 1:30<br>
|rowspan="2" align="center"|Lunch
''Moderator: Charlie Nesson''<br>
12:30 to 1:30
|rowspan="2" align="center"|Lunch
12:30 to 1:30
|rowspan="2" align="center"|Lunch
12:30 to 1:30
|-style="height: 50px;"
|-style="height: 50px;"
|1:00
|1:00
|&nbsp;
|&nbsp;
|rowspan="2" align="center"|Lunch
1:00 to 2:00
|rowspan="2" align="center"|Lunch
1:00 to 2:00
|-style="height: 50px;"
|-style="height: 50px;"
|1:30
|1:30
|&nbsp;
|&nbsp;
|rowspan="2" align="center" style="background-color:#FF8A8A;"|'''[[Online Liberty and Freedom of Expression|Online Liberty and FOE]]'''
|rowspan="2" align="center"|Lunch
1:30 to 2:30<br>
1:30 to 2:30
''Lead: John Palfrey''
|rowspan="2" align="center"|Lunch
|rowspan="2" align="center" style="background-color:#FFFFC8;"|'''[[User Innovation]]'''
1:30 to 2:30
1:30 to 2:30<br>
''Leads: Eric von Hippel and William Fisher''
|rowspan="2" align="center" style="background-color:#FFFFC8;"|'''[[The Global Internet]]'''
1:30 to 2:30<br>
''Leads: Urs Gasser and Herbert Burkert''
|rowspan="2" align="center" style="background-color:#FFFFFF;"|'''Wrap-up: Looking Ahead'''
1:30 to 2:30<br>
Lead: TBD
|-style="height: 50px;"
|-style="height: 50px;"
|2:00
|2:00
|&nbsp;
|&nbsp;
|rowspan="3" align="center" style="background-color:#C0504D;"|'''[[Online Liberty and Freedom of Expression|Online Liberty and FOE]]'''
2:00 to 3:30<br>
''Lead: John Palfrey''
|rowspan="3" align="center" style="background-color:#9BBB59;"|'''[[Student_Projects#Option_C._Final_Presentation:_Lightning_Talk.2C_Provocation.2C_Response_Statement|Student Questions and Reactions for Faculty-Leads]]'''
2:00 to 3:30<br>
''Lead: Charlie Nesson''
|-style="height: 50px;"
|-style="height: 50px;"
|2:30
|2:30
|&nbsp;
|&nbsp;
|align="center"|30-minute break
|rowspan="2" align="center" style="background-color:#4F81BD;"|'''[[User Innovation]]'''
|align="center"|30-minute break
2:30 to 3:30<br>
|rowspan="2" align="center" style="background-color:#FF8A8A;"|'''[[Cooperation]]'''
''Leads: Eric von Hippel and William Fisher''
|rowspan="2" align="center" style="background-color:#F79646;"|'''[[The Global Internet]]'''
2:30 to 3:30<br>
2:30 to 3:30<br>
''Lead: Yochai Benkler''
''Leads: Urs Gasser and Herbert Burkert''
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|3:00
|3:00
|&nbsp;
|rowspan="2" align="center" style="background-color:#7CEB98;"|'''[[Exploring the Arab Spring]]'''
3:00 to 4:00<br>
''Leads: John Palfrey, Yochai Benkler, Charles Nesson, and others''
|rowspan="3" align="center" style="background-color:#FF8A8A;"|'''[[Privacy]]'''
3:00 to 4:30<br>
''Leads: John Palfrey and Herbert Burkert''
|&nbsp;
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|3:30
|3:30
|&nbsp;
|&nbsp;
|align="center"|15-minute break
3:30 to 3:45
|align="center"|30-minute break
|rowspan="2" align="center" style="background-color:#C0504D;"|'''[[Cooperation]]'''
3:30 to 4:30<br>
''Lead: Yochai Benkler''
|align="center"|30-minute break
|align="center"|30-minute break
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|4:00
|4:00
|&nbsp;
|&nbsp;
|rowspan="2" align="center" style="background-color:#FFFFC8;"|'''[[From Theories to Practice: Featured Projects]]'''
|rowspan="2" align="center" style="background-color:#4F81BD;"|'''[[Exploring the Arab Spring]]'''
3:45 to 4:45<br>
''Leads: John Palfrey, Yochai Benkler, Charlie Nesson, and others''
|rowspan="3" align="center" style="background-color:#C0504D;"|'''[[Privacy]]'''
4:00 to 5:30<br>
''Leads: Phil Malone, with Herbert Burkert and John Palfrey''
|rowspan="2" align="center" style="background-color:#F79646;"|'''[[The Future of the Internet]]'''
4:00 to 5:00<br>
4:00 to 5:00<br>
''Moderator: John Palfrey''
''Lead: Jonathan Zittrain''
|rowspan="2" align="center"|'''Student Presentations?'''
4:00 to 5:00<br>
Lead: TBD
|rowspan="4" align="center" style="background-color:#E0E0E0;"|'''Final BBQ'''
4:00 to 6:00+
|-style="height: 50px;"
|-style="height: 50px;"
|4:30
|4:30
|&nbsp;
|&nbsp;
|rowspan="2" align="center" style="background-color:#FFFFC8;"|'''[[The Study of the Internet: New Methods for New Technologies]]'''
|align="center"|30-minute break
4:30 to 5:30<br>
''Moderator: John Palfrey''
|-style="height: 50px;"
|-style="height: 50px;"
|5:00
|5:00
|&nbsp;
|&nbsp;
|&nbsp;
|&nbsp;
|&nbsp;
|rowspan="2" align="center" style="background-color:#4F81BD;"|'''[[Mutual Aid]]'''
5:00 to 6:00<br>
''Lead: Jonathan Zittrain''
|rowspan="4" align="center" style="background-color:#DDD9C3;"|'''Final BBQ'''
5:00 to 7:00
|-style="height: 50px;"
|-style="height: 50px;"
|5:30
|5:30
|&nbsp;
|&nbsp;
|&nbsp;
|&nbsp;
|align="center"|'''*[[Mid-point Check-in]]*'''
|rowspan="2" align="center" style="background-color:#F79646;"|'''[[The Study of the Internet: New Methods for New Technologies]]'''
Part 1<br>
5:30 to 6:30<br>
5:30 to 5:45
''Moderator: John Palfrey''
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|6:00
|6:00
|rowspan="5" align="center" style="background-color:#e0e0e0;"|'''Drinks at Cambridge Common?'''
|rowspan="5" align="center" style="background-color:#DDD9C3;"|'''[[Evening_Events#Drinks_at_John_Harvard's|Drinks at John Harvard's Brew House]]'''
6:00 to 8:00
|rowspan="5" align="center" style="background-color:#8EB4E6;"|'''Berkman Center Open House'''
6:00 to 8:00
|rowspan="5" align="center" style="background-color:#8EB4E6;"|'''metaLAB (at) Harvard Event'''
6:00 to 8:00<br>
|rowspan="5" align="center" style="background-color:#8EB4E6;"|'''Selection of Faculty-lead Sessions'''
6:00 to 8:00
6:00 to 8:00
|&nbsp;
|&nbsp;
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|6:30
|6:30
|
|rowspan="4" align="center" style="background-color:#DDD9C3;"|'''[[Evening_Events#Berkman_Center_Open_House|Berkman Center Open House]]'''
6:30 to 8:30
|align="center" style="background-color:#CCC0DA;"|'''*[[Mid-Point Check-in]]*'''
Part 1<br>
6:30 to 6:45<br>
''Lead: Charlie Nesson''
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|7:00
|7:00
|
|rowspan="5" align="center" style="background-color:#DDD9C3;"|'''[[Evening_Events#metaLAB_.28at.29_Harvard|metaLAB (at) Harvard Event]]'''
7:00 to 9:00<br>
|rowspan="5" align="center" style="background-color:#DDD9C3;"|'''[[Evening_Events#Thursday_Evening_Events|Selected Evening Events]]'''
7:00 to 9:00
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|7:30
|7:30
|
|&nbsp;
|-style="height: 50px;"
|-style="height: 50px;"
|8:00
|8:00
|
|&nbsp;
|-style="height: 50px;"
|8:30
|&nbsp;
|&nbsp;
|&nbsp;
|-style="height: 50px;"
|9:00
|&nbsp;
|&nbsp;
|&nbsp;
|}
|}
==iLaw 2011 Program Overview==
{|class="wikitable" border=3 align="center" style="background-color:#FFFFCC;"
|align="center"|<big>'''Important Program Information'''</big>
|-
|style="background-color:#FFFFFF;"|
'''Please note that the iLaw 2011 Program is a Harvard Law School class that is closed to the public. Attendance is restricted to registered students and invited guests.'''
|}
Since the [http://cyber.law.harvard.edu/teaching/ilaw/archive/ last iLaw conference] was held nearly five years ago, the debates at the intersection of technology, law, and policy have continued to evolve. The introduction of new technologies – and new uses of old technologies – raise a broad range of problems to explore. To name a few examples, the intervening years have seen the growth of social networking tools; Facebook has gained more than 750 million users worldwide and has found itself at the center of privacy debates. Information technologies have played an unprecedented role in recent protests in the Middle East and North Africa, at times in tension with US foreign policy and export controls. In the US, government regulators and major ISPs continue to struggle with finding the right balance points for network governance and regulatory authority.
Growing Internet usage trends, disruptive technologies, increased efforts by governments and private entities to control the online space continue to reshape the cyber landscape. These issues, alongside the actors who provide the technologies and the users who engage with them, are at the center of many global policy debates. iLaw 2011 will be a unique opportunity to reexamine these areas of inquiry and core questions while engaging with the new and emerging issues and thorny debates that are constantly reshaping the field.
The 2011 iLaw Program is designed to take participants through the evolution of information technologies and the Internet, including their past, present, and future. Each module will provide a bridge to the past, beginning with a brief sketch of how a particular issue has evolved over the course of recent decades, both from an intellectual history perspective and via changes in policy, practice, and technology. Faculty and selected guests will use this foundation to explore how technical, social, legal, economic, and policy trends and debates have evolved over time, and identify the primary questions and issues that currently define the online space.
===A Note on Format and Mode===
Deep dialogue, hard questions and genuine interactivity are fundamental to the success and mode of iLaw. Participants will be invited to engage with sessions in diverse ways throughout the program–from the wiki to the question tool, open Q&A, structured interposals, open space, and invited conversation. Although we expect close to 200 participants, we are committed to genuine interactivity throughout the event; we encourage active engagement from all participants.
===Driving Questions from Faculty===
The questions posed below by Berkman Faculty members reflect the fundamental inquiries for participants to consider during the 2011 iLaw Program:
'''Yochai Benkler'''
* How do we systematize cooperative human systems design, now that we all know that online collaboration is a critical component of the networked information economy?
* How do we integrate power into our understanding of networked society? What are the limits of public action, and what are the limits of decentralized action, given power in the market, the state, real-world society and the network?
'''William Fisher'''
* To what extent, if any, is legal protection for creative works necessary either to stimulate creativity or to ensure that creators are treated fairly?
'''Charlie Nesson'''
* Suppose it were to be agreed among us that when the founders wrote the Progress clause of our constitution, the exclusive right they were granting to publishers of creative works was the legal right to stop other publishers from selling copies of their works. Can you tell a coherent legal story about how we got from there to here?
* Viewed from the vantage of equal citizens in a public domain of common (totally usable) knowledge, when did We the People surrender the liberty of privately copying works of any kind?  That is to say, when was this liberty taken from us?
'''John Palfrey'''
* What have we learned over the last fifteen years about the opportunities and challenges of studying digital networks and how we mediate our lives through them?  What methods are the most fruitful, and which the most fraught?
* How are the dynamics of politics changing as activists and states alike use digital networks as both their tools and their workbenches?  What do these changes mean for governing and for campaigning for change?
* Does the arc of the Internet bend toward justice?
'''Jonathan Zittrain'''
* How do we reconcile welcome contributions from all corners with poisoned apples?
* What is the Internet doing to us?
===Driving Questions from Participants and Students===
What questions and concerns are you grappling with in the this field? Where does the future take us?  Please add your own driving questions here: [[Talk:Program Schedule#Driving Questions|Driving Questions]].  As this page is populated, questions will be added below.  Alternatively, add your driving questions to [[How To Participate at iLaw|The Question Tool]].
* How should a legal system often preoccupied with places - such as the home, the street, the square, or the battlefield - adapt to technologies that increasingly are placeless? Do physical boundaries still have meaning in a digital age? --[[User:Sonia|Sonia]] 15:14, 28 August 2011 (UTC)
==Monday, September 5, 2011==
===Drinks at John Harvard's Brew House===
'''Monday, 6:00 to 8:00'''
''[[Evening_Events#Drinks_at_John_Harvard's|See main page on Drinks at John Harvard's]]''
All participants are invited to join us at John Harvard's Brew House in Harvard Square for an optional, informal gathering and cash bar with Berkman Community members and fellow participants.


==Tuesday, September 6, 2011==
==Tuesday, September 6, 2011==
After introductions led by Terry Fisher, the day will begin with “The History of the Internet,” during which Jonathan Zittrain will introduce and discuss the “generative framework” of the Net, outlining the unique characteristics of Internet architecture that were critical to its success and continued evolution.  Yochai Benkler will pick up related themes of openness, access, and distribution and their implications for user choice and online freedom in “Open Systems/Access,” during which WikiLeaks will be featured as a case to examine related issues.


After lunch, John Palfrey will lead “Online Liberty and Freedom of Expression,” which will take a focused look at the issues surrounding online freedom and the different types of control deployed by governments, users, companies, and other actors through a series of illustrative examples presented by audience members. Following this, a moderated discussion featuring selected faculty and guests will focus on the role of new technologies during recent protests in the Middle East and North Africa.  
After introductions led by Terry Fisher and Jonathan Zittrain, the day will begin with [[The History of the Internet]], during which Jonathan Zittrain will introduce and discuss the “generative framework” of the Net, outlining the unique characteristics of Internet architecture that were critical to its success and continued evolution. Yochai Benkler will pick up related themes of openness, access, and distribution and their implications for user choice and online freedom in “[[Open Systems/Access]],” during which WikiLeaks will be featured as a case to examine related issues. 
 
After lunch, John Palfrey will lead “[[Online Liberty and Freedom of Expression]],” which will take a focused look at the issues surrounding online freedom and the different types of control deployed by governments, users, companies, and other actors through a series of illustrative examples presented by audience members. Following this, a moderated discussion featuring selected faculty and guests will focus on the role of new technologies during recent protests in the Middle East and North Africa.  


The first day of iLaw will wrap up with “From Theory to Practice: Featured Projects,” a conversation led by John Palfrey and featuring Wendy Seltzer of Chilling Effects, Ethan Zuckerman of Global Voices, and others. iLaw participants are also invited to the Berkman Center’s Open House.
In the evening, all participant and audience members are invited to attend the Berkman Center’s Open House.


===The History of the Internet===
===The History of the Internet===
Line 186: Line 281:
''[[The History of the Internet|See main page on The History of the Internet]]''
''[[The History of the Internet|See main page on The History of the Internet]]''


'''Tuesday, 9:30 to 10:30'''<br>
'''Tuesday, 9:15 to 11:15'''<br>
''Lead: Jonathan Zittrain''
''Leads: Jonathan Zittrain with Larry Lessig''


The day will begin with a brief history of the Net and an introduction to the theory of generativity as a framework to understand the Internet’s disruptive power. Jonathan Zittrain’s opening lecture will focus on the Internet’s technical evolution and underlying architecture; the values that informed its early development, including principles related to consensus, openness, and non-discrimination; and the range of players, from users to computer scientists, governments and other bodies, and corporations, who engaged in the various activities, controls, and other arrangements that formed the initial distributed digital governance of the online space.
The day will begin with a brief history of the Net and an introduction to the theory of generativity as a framework to understand the Internet’s disruptive power. Jonathan Zittrain’s opening lecture will focus on the Internet’s technical evolution and underlying architecture; the values that informed its early development, including principles related to consensus, openness, and non-discrimination; and the range of players, from users to computer scientists, governments and other bodies, and corporations, who engaged in the various activities, controls, and other arrangements that formed the initial distributed digital governance of the online space. What characteristics make the evolution of the Internet so unique? What are the issues and organizations that characterize online governance and policy-making today?


===Open Systems/Access===
===Open Systems/Access===


''[[Open Systems/Access|See main page on Open Systems/Access for required readings and other materials]]''
''[[Open Systems/Access|See main page on Open Systems/Access]]''


'''Tuesday, 11:00 to 12:30'''<br>
'''Tuesday, 11:30 to 1:00'''<br>
''Lead: Yochai Benkler''
''Lead: Yochai Benkler''


 
This session will discuss the enormous benefits of open systems and address the ways in which openness at all layers of the networked environment can be achieved. Yochai Benkler will present a set of examples in which physical access, social production of content, and other forms of user creation and collaboration play a powerful role in supporting freedom and new forms of innovation. Skype will provide an illustrative usecase through which to explore these topics. From these examples, he will draw out how proprietary networks and standards (like mobile networks) differ from open ones (like TCP/IP, competitive infrastructure, free software, open standards, and free culture/content-based models). The case of WikiLeaks will provide a lens through which to view questions related to openness, access, and content distribution at different layers of the network.
This session will discuss the enormous benefits of open systems and address the ways in which openness at all layers of the networked environment can be achieved. Yochai Benkler will present a set of examples in which physical access, social production of content, and other forms of user creation and collaboration play a powerful role in supporting freedom and new forms of innovation. From these examples, he will draw out how proprietary networks and standards (like mobile networks) differ from open ones (like TCP/IP, competitive infrastructure, free software, open standards, and free culture/content-based models). The case of WikiLeaks will provide a lens through which to view questions related to openness, access, and content distribution.


===Online Liberty and Freedom of Expression===
===Online Liberty and Freedom of Expression===
Line 205: Line 299:
''[[Online Liberty and Freedom of Expression|See main page on Online Liberty and Freedom of Expression]]''
''[[Online Liberty and Freedom of Expression|See main page on Online Liberty and Freedom of Expression]]''


'''Tuesday, 1:30 to 2:30'''<br>
'''Tuesday, 2:00 to 3:30'''<br>
''Lead: John Palfrey''
''Lead: John Palfrey''


 
Led by John Palfrey, this session will focus on online liberty and freedom of express and expand on some of the core themes introduced in the preceding sessions by providing an overview of the different phases of content regulation on the Internet. It will engage the audience with questions regarding the ways in which different political contexts shape different methods of and motivations for government control, and how various approaches in different countries inform each other. Respondents will be invited to reflect on key issues, including different forms of government controls and online speech regulation: China (a mix of “traditional” technical filtering with legal and informal regulatory mechanisms); the Arab Spring (just-in-time filtering combined with the arrest and intimidation of bloggers and digital activists); Russia (mostly non-technical, second and third generation controls rather than technical filtering); and US/Western Europe (mostly focused on child pornography and the illegal spread of copyrighted content). They will also grapple with hard questions related the role of intermediaries in response to government requests for user information, content removal or account deactivation and the implications of the current phase of control for free expression and privacy worldwide.
Led by John Palfrey, this session will expand on some of the core themes introduced in the preceding sessions by focusing on online liberty and freedom of expression and providing an overview of the different phases of content regulation on the Internet. The session will engage the audience with questions regarding the ways in which different political contexts shape different methods of and motivations for government control, and how different approaches in different countries inform each other. Respondents from the audience will be invited to comment on key issues, including different forms of government controls and online speech regulation: China (a mix of “traditional” technical filtering with legal and informal regulatory mechanisms); the Arab Spring (just-in-time filtering combined with the arrest and intimidation of bloggers and digital activists); Russia (mostly non-technical, second and third generation controls rather than technical filtering); and US/Western Europe (mostly focused on child pornography and the illegal spread of copyrighted content); the role of intermediaries in response to government requests for user information, content removal or account deactivation; and the implications of the current phase of control for free expression and privacy worldwide.


===Exploring the Arab Spring===
===Exploring the Arab Spring===
Line 215: Line 308:
''[[Exploring the Arab Spring|See main page on Exploring the Arab Spring]]''
''[[Exploring the Arab Spring|See main page on Exploring the Arab Spring]]''


'''Tuesday, 3:00 to 4:00'''<br>
'''Tuesday, 3:45 to 4:45'''<br>
''Leads: Yochai Benkler, John Palfrey, Charles Nesson, and others''
''Moderator: John Palfrey''<br>
''Featuring: Yochai Benkler, Bruce Etling, Charlie Nesson, Nagla Rizk, and Ethan Zuckerman (tentative)''


What has become known as the “Arab Spring” will serve as a synthesizing case study that will help to weave together the core themes outlined in both the Open Systems/Access and the Online Liberty and Freedom of Expression sessions, with a particular focus on the use of social media and the rise of information control and counter-control activities during recent protests and uprisings in the Middle East and North Africa. In this highly interactive sessions commentators will not only analyze the role of social media, but also consider the different roles and actors that influenced the events, including governments, activists, citizens, and companies.


What has become known as the “Arab Spring” will serve as a synthesizing case study that will help to weave together the core themes outlined in both the Open Systems/Access and the Online Liberty and Freedom of Expression sessions, with a particular focus on the use of social media and the rise of information control and counter-control activities during recent protests and uprisings in the Middle East and North Africa. In this highly interactive sessions, commentators will not only analyze the role of  social media, but also consider the different roles and actors that influenced the events, including governments, activists, citizens, and companies.
===Evening Event: Berkman Center Open House===
 
===From Theories to Practice: Featured Projects===
 
''[[From Theories to Practice: Featured Projects|See main page on From Theories to Practice: Featured Projects]]''
 
'''Tuesday, 4:00 to 5:00'''<br>
''Moderator: John Palfrey''
 
The first day closing session will feature the founding members of a diverse set of projects – several of them incubated at the Berkman Center – that have taken on some of the key challenges related to openness and freedom agenda outlined in the earlier sessions. By bridging theory and practice of “cyberlaw”, this session will feature different platforms, strategies, and networks that leverage online tools as a means of both confronting challenges to liberty in the online space, and capitalizing on the new modes of connection, production, and distribution that it affords. Featured projects will include:
 
* Global Voices, which works with bloggers and translators from around the world to collect and curate reports from citizen media, with emphasis on voices that are not ordinarily heard in international mainstream media;
* Chilling Effects, which provides an online clearinghouse for tracking and analyzing DMCA takedown notices and other cease-and-desist notices sent to Internet users;
* Ushahidi, a platform which has been used as a tool to easily crowdsource information collection, interactive mapping, and data visualization, using multiple channels, including SMS, email, Twitter and the web, and others;
* Global Network Initiative, a multi-stakeholder group of companies, civil society organizations, investors, and academics who have created principles and a collaborative approach to protect and advance freedom of expression and privacy in the ICT sector. 
* Herdict, an online platform that crowdsources Internet users’ real-time reports of website inaccessibility and outages around the globe.


===Evening Event: Berkman Center Open House===
'''Monday, 6:30 to 8:30'''


''See (URL to be added) for event details''
''See [http://cyber.law.harvard.edu/events/2011/09/openhouse this page] for event details''


All participants will be invited to share in an evening at the Berkman Center, where they will be introduced to projects, staff, fellows, and key research themes and activities.
All participants will be invited to share in an evening at the Berkman Center, where they will be introduced to projects, staff, fellows, and key research themes and activities.


==Wednesday, September 7, 2011==
==Wednesday, September 7, 2011==
The second day of iLaw will begin with a session focusing on the “The Changing Internet: Cybsecurity.” Building upon the previous day’s discussions, it will discuss the forces at play that may put values such as openness, autonomy, and diversity at risk. In conversation with Jonathan Zittrain, Jack Goldsmith will help to kick off the discussion by focusing on one of the key pressure points where values collide: cybersecurity issues.


“Intellectual Property,”  a conversation led by Terry Fisher and featuring Charlie Nesson, will provide an introduction to another highly contested area of cyberlaw and policy, outlining some of the central IP issues and debates, including copyright, free and fair use, and the public domain. Emerging technological trends such as cloud computing will be explored in the context of IP theory and practice. The afternoon starts with a session on “User Innovation,led by Eric von Hippel, who will explore innovation through the lens of user creativity and networked models of production and expression.  
The second day of iLaw will begin with a session focusing on the “[[The Changing Internet: Cybersecurity]].Building upon the previous day’s discussions, it will discuss the forces at play that may put values such as openness, autonomy, and diversity at risk.


The pillar session on “Privacy,” led by John Palfrey and featuring Herbert Burkert, will start with a brief history of privacy, discussing the emergence of data protection law in Europe. Against this backdrop, recent US cases and controversies – including the Google Buzz and the Facebook Beacon settlements – will be used as case examples to explore the current state of privacy norms and laws – and their possible future.  
“[[Intellectual Property]],” a conversation led by Terry Fisher and featuring Charlie Nesson, will provide an introduction to another highly contested area of cyberlaw and policy, outlining some of the central IP issues and debates, including copyright, free and fair use, and the public domain. Emerging technological trends such as cloud computing will be explored in the context of IP theory and practice. The afternoon starts with a session on “[[User Innovation]],” led by Eric von Hippel, who will explore innovation through the lens of user creativity and networked models of production and expression.  


The day will wrap up with a cross-sectional session that discusses the different approaches to the study of the Internet – including qualitative and quantitative methods – and their respective merits as well as limitations. More fundamentally, the session will explore as to what extent the Internet has led to methodological challenges – for instance in the context of the analysis of large data sets – and innovations, what types of best practices have developed over time, and what the open questions are.
The pillar session on “[[Privacy]],” led by Phil Malone, and featuring Herbert Burkert and John Palfrey will start with a brief history of privacy, discussing the emergence of data protection law in Europe. Against this backdrop, recent global privacy developments and current online controversies – including behavioral targeting, persistent cookies and Do Not Track legislation; the right to be forgotten/ le droit à l’oubli; location privacy; facial recognition; contextual privacy; Google’s Street View service, and Google’s Buzz rollout – will be explored to gain a deeper understanding of the current the state of privacy law and norms– and their possible future.
 
The day will wrap up with a cross-sectional session that discusses the different approaches to the study of the Internet – including qualitative and quantitative methods – and their respective merits as well as limitations. More fundamentally, the session will explore as to what extent the Internet has led to methodological challenges – for instance in the context of the analysis of large data sets – and innovations, what types of best practices have developed over time, and what the open questions are.  


===The Changing Internet: Cybersecurity===
===The Changing Internet: Cybersecurity===


''[[The Changing Internet:Cybersecurity|See main page on The Changing Internet: Cybersecurity]]''
''[[The_Changing_Internet:_Cybersecurity|See main page on The Changing Internet: Cybersecurity]]''


'''Wednesday, 9:00 to 10:30'''<br>
'''Wednesday, 10:00 to 11:30'''<br>
''Lead:Jonathan Zittrain''
''Lead:Jonathan Zittrain''


This module will draw on central themes from the previous day regarding the unique qualities of the Internet, and the culture and architecture of openness – of protocols, interfaces, and values – that make it a generative space. What are the threats to this generativity? How do forces like consumerism, corporate interest, government and other controls, and cybersecurity put the open Net at risk? Concepts such as cyberwar will be surfaced via case examples, including phenomena such as Stuxnet and Ghostnet; the role of hackers such as AntiSec, LulzSec, and Anonymous will also be considered. Jack Goldsmith will offer a turbo talk on the most salient issues in cybersecurity from a national security and public policy perspective; this will be followed by Q and A, with audience participation.
This module will draw on central themes from the previous day regarding the unique qualities of the Internet, and the culture and architecture of openness – of protocols, interfaces, and values – that make it a generative space. What are the threats to this generativity? How do forces like consumerism, corporate interest, government and other controls, and cybersecurity put the open Net at risk? Concepts such as cyberwar will be surfaced via case examples, including phenomena such as Stuxnet and Ghostnet; the role of hackers such as AntiSec, LulzSec, and Anonymous will also be considered. This session will conclude with Q&A with the audience.


===Intellectual Property===
===Intellectual Property===
Line 264: Line 345:
''[[Intellectual Property|See main page on Intellectual Property]]''
''[[Intellectual Property|See main page on Intellectual Property]]''


'''Wednesday, 11:30 to 12:30'''<br>
'''Wednesday, 12:00 to 1:30'''<br>
''Leads: William Fisher and Charles Nesson''
''Leads: William Fisher and Charlie Nesson''


Led by Terry Fisher, this pillar will begin with a brief history of key theories and issues related to intellectual property, with a focus on copyright, in the Internet space. By examining some of the hard problems and cases that have defined this field over the last decade, this session will explore some of the central questions that characterize current debates, including the wide spectrum of licensing options, the uncertainty about permissible uses associated with creative works, and the implications of cloud computing. Charlie Nesson will highlight questions regarding the public domain, free and fair use, and the need for digital copyright and public domain registries. This foundational pillar will lay the groundwork for two relevant use cases on User Innovation and Digital Libraries, Archives, and Rights Registries (which will take place on Thursday morning).
Led by William Fisher, this pillar will begin with a brief history of key theories and issues related copyright in the Internet space. By examining some of the hard problems and cases that have defined this field over the last decade, this session will explore some of the central questions that characterize current debates, including the wide spectrum of licensing options, the uncertainty about permissible uses associated with creative works, and the implications of cloud computing. Charlie Nesson will highlight questions regarding the public domain, free and fair use, and the need for digital copyright and public domain registries. This foundational pillar will lay the groundwork for two relevant use cases on User Innovation and Digital Libraries, Archives, and Rights Registries (which will take place on Thursday morning).


===User Innovation===
===User Innovation===
Line 273: Line 354:
''[[User Innovation|See main page on User Innovation]]''
''[[User Innovation|See main page on User Innovation]]''


'''Wednesday, 1:30 to 2:30'''<br>
'''Wednesday, 2:30 to 3:30'''<br>
''Leads:Eric von Hippel and William Fisher''
''Leads:Eric von Hippel and William Fisher''


This case study build upon the IP session and will explore the creation of unique works, free and fair use, and other related issues through the prism of user innovation. Eric von Hippel will begin the discussion with an overview of new forms of user creativity and production in the online space, facilitated by the proliferation of freely available information online, the ease with which people can communicate digitally, and advances in innovating technology. This overview will segue into a moderated discussion, led by Terry Fisher, which will engage von Hippel and others in exploring models that exemplify the benefits of cheap and easy production while also examining the challenges such as copyright issues surrounding the reappropriation and alteration of original sources that may inhibit users’ capacity to innovate.
This case study build upon the IP session and will explore the creation of unique works, free and fair use, and other related issues through the prism of user innovation. Eric von Hippel will begin the discussion with an overview of new forms of user creativity and production in the online space, facilitated by the proliferation of freely available information online, the ease with which people can communicate digitally, and advances in innovating technology. This overview will segue into a discussion moderated by William Fisher, which will engage von Hippel and others in exploring models that exemplify the benefits of cheap and easy production while also examining the challenges such as copyright issues surrounding the reappropriation and alteration of original sources that may inhibit users’ capacity to innovate.


===Privacy===
===Privacy===
Line 282: Line 363:
''[[Privacy|See main page on Privacy]]''
''[[Privacy|See main page on Privacy]]''


'''Wednesday, 3:00 to 4:30'''<br>
'''Wednesday, 4:00 to 5:30'''<br>
''Leads: John Palfrey and Herbert Burkert''
''Leads: Phil Malone with Herbert Burkert and John Palfrey''


This pillar topic, led by John Palfrey and featuring Herbert Burkert, will cover a mixture of privacy history, theory, black letter law, and current controversies. Herbert Burkert will offer a multinational perspective of privacy law and policy, outlining the emergence of data protection law in Europe. Against this backdrop, recent US privacy online controversies –including Facebook’s Beacon program and Google’s Buzz rollout – will be explored to gain a deeper understanding of the current the state of privacy law and norms and possible ways forward. Participants Urs Gasser, Phil Malone, and Charlie Nesson will add their perspectives on these issues throughout this session.
This pillar topic, led by Phil Malone and featuring Herbert Burkert and John Palfrey, will cover a mixture of privacy history, theory, black letter law, regulatory developments and current controversies. Herbert Burkert will offer a multinational perspective of privacy law and policy, outlining the emergence of data protection law in Europe. Against this backdrop, recent global privacy developments, comparative EU vs. US approaches and current online controversies – including behavioral targeting, persistent cookies and Do Not Track legislation; the right to be forgotten/ le droit à l’oubli; location privacy; facial recognition; contextual privacy; Google’s Street View service, and Google’s Buzz rollout – will be explored to gain a deeper understanding of the current the state of privacy law and norms and possible ways forward. Participants Urs Gasser, and Charlie Nesson will add their perspectives on these issues throughout this session.


===The Study of the Internet: New Methods for New Technologies===
===The Study of the Internet: New Methods for New Technologies===
Line 291: Line 372:
''[[The Study of the Internet: New Methods for New Technologies|See main page on The Study of the Internet: New Methods for New Technologies]]''
''[[The Study of the Internet: New Methods for New Technologies|See main page on The Study of the Internet: New Methods for New Technologies]]''


'''Wednesday, 4:30 to 5:30'''<br>
'''Wednesday, 5:30 to 6:30'''<br>
''Moderator: John Palfrey''
''Moderator: John Palfrey''


What is the range of tools, disciplines, and research approaches that we can bring to bear on the study of the Internet and the study of the impact of new technologies on social, political, economic, legal, and other processes in both the online and offline spaces? This session will explore rigorous ways of studying the Internet's societal implications, including empirical analysis, legal frameworks, policy perspectives, sociological surveys, and other methodologies. It will also surface and explore some of the challenges faced by researchers working with big data sets, with a particular focus on issues related to privacy, data security, and other considerations.
What is the range of tools, disciplines, and research approaches that we can bring to bear on the study of the Internet and the study of the impact of new technologies on social, political, economic, legal, and other processes in both the online and offline spaces? This session will explore methods of studying the Internet’s societal implications, including empirical analysis, legal frameworks, policy perspectives, sociological surveys, and other methodologies. It will also surface and explore some of the challenges faced by researchers working with big data sets, with a particular focus on issues related to privacy, data security, and other considerations.


===Suggestion for Improvements (Mid-point Check-in, Part 1)===
===Mid-Point Check-in===


''[[Mid-point Check-in|See main page on Mid-point Check-in]]''
''[[Mid-Point Check-in|See main page on Mid-point Check-in]]''


'''Wednesday, 5:30 to 5:45'''<br>
'''Wednesday, 6:30 to 6:45'''<br>
''Lead: Charles Nesson''
''Lead: Charlie Nesson''


The day will end with a mid-point check in with the audience, led by Charlie Nesson. Charlie will solicit comments from audience members and ask for thoughts, suggestions, and recommendations for program improvements.


The day will end with a mid-point check in with the audience, led by Charlie Nesson. Charlie will solicit comments on the program from audience members and ask for thoughts, suggestions, and recommendations on improvement.
===Evening Event: openLAB_03 (Produced by metaLAB (at) Harvard)===


===Evening Event: metaLAB (at) Harvard===
''[[Evening_Events#metaLAB_.28at.29_Harvard_Event|See main page on metaLAB (at) Harvard Event]]''


'''Wednesday, 6:00 to 8:00'''
'''Wednesday, 7:00 to 9:00'''


The metaLAB has invited us to come to their current residence, Art@29 Garden, to share in an evening exhibition to introduce their new digital art project called [http://metalab.harvard.edu/projects/ Augmented Harvard].  It will be a demo debut – sort of a pop-up show of the public installation – that will set the stage for the [[Digital Humanities]] pillar on Thursday morning.
metaLAB is an experimental research unit within the Berkman Center dedicated to innovation in arts, media and humanities. The group has invited us to come to their current residence, Arts @ 29 Garden, to share in an evening of surprises: thermal printers that respond to text message prompts, a cartographic surveillance system, large magenta cylinders that fabricate digital maps, live-mixed recordings of local pirate radio stations and an interactive LED jukebox. The event features recent hacks by the members of metaLAB and a special collaboration with Cambridge techno-musicologist Wayne Marshall. The evening will set the stage for the [[Digital Humanities]] pillar on Thursday morning.


''About Augmented Harvard'':
==Thursday, September 8, 2011==


With the support of the Provostial Funds for Arts and Humanities, we are in the early stages of developing a multi-year, University-wide installation that is composed of a network of physical artifacts that unlock site-specific experiences. These artifacts, or HUBS, might consist of such devices as thermal receipt printers, hacked Kinects, speakers or programmable LEDs. Participants in the project encounter these HUBs across the campus or through an open-source iPhone/iPad application. Augmented Harvard allows faculty, students, curators and the public to link Harvard exhibitions to other spaces and objects across the University, and to see otherwise invisible features of the campus landscape such as long-ago demolished structures, alternative architectural plans, and inaccessible archives as they rove the campus core. The initial release is planned in conjunction with the fall 2011 exhibitions GSD’s 75+ and Cold War in the Classroom, co-curated by History of Science PhD students Jeremy Blatter and Christopher Phillips, and to be staged at the Special Exhibitions Gallery of the Collection of Historical Scientific Instruments, with additional materials borrowed from the Harvard Film Archive and the Graduate School of Education’s Monroe C. Gutman Library.
Day three of iLaw will begin with a follow-up discussion regarding Tuesday’s “Mid-point Check-in,” during which Charlie Nesson will respond to and solicit participant input regarding program improvements. Next, Jeffrey Schnapp and Jesse Shapins will lead a pillar session on “Digital Humanities,in which they will consider how digital tools and media have affected how knowledge is produced and disseminated. Expert participants will present a selection of lightening talks on innovative, multi-disciplinary approaches to design on the web, presenting projects that draw on the social sciences, knowledge in the arts, storytelling, and cultural and historical memory. This will lead into moderated discussion led by Charlie Nesson on “Digital Libraries, Archives, and Rights Registries.” Mary Lee Kennedy, John Palfrey, Terry Fisher, Jeffrey Schnapp and others will discuss the promise and challenge associated with creating and maintaining digital libraries and archives; rights registries and the contours of copyright, public domain, free and fair use will also be examined.
 
Following a 30-minute break, Charlie Nesson will provide an introduction to [[Digital Libraries, Archives, and Rights Registries|“Digital Libraries, Archives, and Rights Registries.”]]  Mary Lee Kennedy, John Palfrey, and others will then highlight the challenges associated with creating and maintaining digital libraries and archives.  During the session, a number of US and European models will be explored, including the Berkman Center’s contributions to the Digital Public Library of American project.  Charlie Nesson will tack on to this a discussion about rights registries and the contours of copyright, public domain, free and fair use.
 
After lunch, Urs Gasser and Herbert Burkert explore [[The Global Internet|“The Global Internet.”]]  This Cross-sectional session looks at the legal challenges that underlie global e-commerce, international dispute resolution, governance, and jurisdiction and the ways in which private entities, policymakers, and individuals have approached these challenges.  Urs and Herbert will explore many of these issues through a series of mini-case studies.
 
Next, Yochai Benkler will lead a lecture, followed by a moderated discussion, on [[Cooperation|“Cooperation.”]]  This will focus on how new technologies are being used to harness and fuel collaboration.  In particular, Yochai and several Berkman fellows will highlight emerging collaborative models and their impact on business processes, “smarter” technology, economic reform, and volunteer contributions to research.  Jonathan Zittrain will conclude the day with interactive discussion about [[Mutual Aid|“Mutual Aid,”]] in which he will describe a defense model to make the Internet more redundant and robust by “mirroring as you link.


==Thursday, September 8, 2011==
===Mid-point Check-in, Part 2===
===Mid-point Check-in, Part 2===
'''Thursday, 10:00 to 10:20'''<br>
''Lead: Charlie Nesson''
''[[Mid-Point Check-in|See main page on Mid-point Check-in]]''
Charlie Nesson will lead this session and bridge his previous session, “suggestion for improvement” by sharing and commenting on the comments and suggestions obtained from audience.
Charlie Nesson will lead this session and bridge his previous session, “suggestion for improvement” by sharing and commenting on the comments and suggestions obtained from audience.


Line 324: Line 417:
''[[Digital Humanities|See main page on Digital Humanities]]''
''[[Digital Humanities|See main page on Digital Humanities]]''


'''Wednesday, 9:20 to 11:30'''<br>
'''Thursday, 10:20 to 12:00'''<br>
''Leads: Jeffery Schnapp and Jesse Shapins''
''Leads: Jeffery Schnapp and Jesse Shapins''


This pillar session will address the current state of digital humanities, an umbrella term for new modes of scholarship that emphasize collaborative, trans-disciplinary, computationally-engaged research, teaching, and dissemination.  Digital Humanities is less a unified field than an array of convergent practices that explore a universe in which print is no longer the normative medium in which knowledge is produced and disseminated; digital tools, techniques, and media have expanded traditional concepts of knowledge in the arts, human and social sciences. The session will address fundamental questions such as: How can traditional humanities skills be reshaped in multimedia terms? How and by whom will the contours of cultural and historical memory be defined in the digital era? How might practices of digital storytelling coincide or diverge from oral or print-based storytelling? What is the place of humanites in a networked world?
This pillar session will address the current state of digital humanities, an umbrella term for new modes of scholarship that emphasize collaborative, trans-disciplinary, computationally-engaged research, teaching, and dissemination.  Digital Humanities is less a unified field than an array of convergent practices that explore a universe in which print is no longer the normative medium in which knowledge is produced and disseminated; digital tools, techniques, and media have expanded traditional concepts of knowledge in the arts, human and social sciences. The session will address fundamental questions such as: How can traditional humanities skills be reshaped in multimedia terms? How and by whom will the contours of cultural and historical memory be defined in the digital era? How might practices of digital storytelling coincide or diverge from oral or print-based storytelling? What is the place of humanites in a networked world?


===Case Study: Digital Libraries, Archives, and Rights Registries===
===Digital Libraries, Archives, and Rights Registries===


''[[Digital Libraries, Archives, and Rights Registries|See main page on Digital Libraries, Archives, and Rights Registries]]''
''[[Digital Libraries, Archives, and Rights Registries|See main page on Digital Libraries, Archives, and Rights Registries]]''


'''Wednesday, 11:30 to 12:30'''<br>
'''Thursday, 12:30 to 1:30'''<br>
''Lead: William Fisher''  
''Lead: Charlie Nesson''  


A discussion moderated by Terry Fisher will focus on opportunities and challenges regarding the creation and use of digital registries, archives, and libraries. Practical use cases such as the Digital Public Library of America (DPLA) in addition to other efforts to create registries for public domain works will be discussed, building upon and further illustrating previous thematic areas and pillar sessions, including copyright, user innovation, and free and fair use. Central considerations regarding underlying technical architecture, legal challenges, legal support, and liability will inform the conversation.
A discussion moderated by Charlie Nesson will focus on opportunities and challenges regarding the creation and use of digital registries, archives, and libraries. Practical use cases such as the Digital Public Library of America (DPLA) in addition to other efforts to create registries for public domain works will be discussed, building upon and further illustrating previous thematic areas and pillar sessions, including copyright, user innovation, and free and fair use. Central considerations and driving questions regarding underlying technical architecture, legal challenges, legal support, and liability will inform the conversation.


===The Global Internet===
===The Global Internet===
Line 342: Line 435:
''[[The Global Internet|See main page on The Global Internet]]''
''[[The Global Internet|See main page on The Global Internet]]''


'''Wednesday, 1:30 to 2:30'''<br>
'''Thursday, 2:30 to 3:30'''<br>
''Leads: Urs Gasser and Herbert Burkert''
''Leads: Urs Gasser and Herbert Burkert''


In the global online space, traditional legal frameworks, such as public international law and international private law, come together with new developments, such as evolving Internet law (focused on new regulations addressing international Internet issues), to create different models for, and forms of, digital governance. Processes and structures, such as online dispute resolution systems, Terms of Use policies, and other mechanisms also shape user activity and permissible behavior. Actions and interventions by private actors, NGOs, and international organizations, also exert control, by defining use and activity, permitting or denying access, and facilitating policy making—all with varying degrees of harmonization, conflict, and evolution. Through a series of case studies, the attributes, influence, and evolution of these mechanisms will be explored in the context of e-commerce, media and free expression, technical and organizational infrastructure, and other values.
In the global online space, traditional legal frameworks, such as public international law and international private law, come together with new developments, such as evolving Internet law (focused on new regulations addressing international Internet issues), to create different models for, and forms of, digital governance. Processes and structures, such as online dispute resolution systems, Terms of Use policies, and other mechanisms also shape user activity and permissible behavior. Actions and interventions by private actors, NGOs, and international organizations, also exert control, by defining use and activity, permitting or denying access, and facilitating policy-making – all with varying degrees of harmonization, conflict, and evolution. Through a series of case studies, the attributes, influence, and evolution of these mechanisms will be explored in the context of e-commerce, media and free expression, technical and organizational infrastructure, and other values.


===Cooperation===
===Cooperation===
Line 351: Line 444:
''[[Cooperation|See main page on Cooperation]]''
''[[Cooperation|See main page on Cooperation]]''


'''Wednesday, 2:30 to 3:30'''<br>
'''Wednesday, 3:30 to 4:30'''<br>
''Lead: Yochai Benkler''
''Lead: Yochai Benkler''


This session will center on the ways in which new technologies harness and fuel new forms of cooperation by lowering costs and enabling collaboration that can be transformative for business, government, and society at large. Yochai Benkler will lead a discussion on emerging cooperative models and their impact on business processes, smarter technology, economic reform, volunteer contributions to research, and other benefits. This session will also engage several Berkman Fellows who are conducting observational and experimental research on the underlying social, psychological, and evolutionary mechanisms that affect cooperation, collaboration, dispute resolution, trust, and social and economic exchange. Wikipedia will provide an example through which to gain a deeper sense of the breadth and depth of the phenomenon of online cooperation, as well as illuminating the offline cooperation which forms the foundation of our societies.
This session will center on the ways in which new technologies harness and fuel new forms of cooperation by lowering costs and enabling collaboration that can be transformative for business, government, and society at large. Yochai Benkler will lead a discussion on emerging cooperative models and their impact on business processes, smarter technology, economic reform, volunteer contributions to research, and other benefits. This session will engage several Berkman Fellows who are conducting observational and experimental research on the underlying social, psychological, and evolutionary mechanisms that affect cooperation, collaboration, dispute resolution, trust, and social and economic exchange. Wikipedia will provide an example through which to gain a deeper sense of the breadth and depth of the phenomenon of online cooperation, as well as illuminating the offline cooperation which forms the foundation of our societies.
 
===Mutual Aid===
 
''[[Mutual Aid|See main page on Mutual Aid]]''
 
'''Thursday, 5:00 to 6:00'''<br>
''Lead: Jonathan Zittrain''
 
Building upon key themes related to cybersecurity and the role of the private sector in ensuring persistent, secure, and consistently available content on the web, this session will focus on possible responses to the current state of computer and network security.  Drawing conceptually from mutual aid treaties among states in the real world, Jonathan Zittrain will outline a defense scheme that would seek to make the current decentralized Web a more robust one.  His" mirror as you link" system of assistance reimagines the technological relationships between sites and services on the Web, and envisions a new socially- and technologically-based system of redundancy and security.  "Today, if one clicks on a link to an external site and that site is unavailable – perhaps attacked with a classic denial-of-service – there is no alternative to accessing it. Mirror-as-you-link would change that.  Participating Web server administrators could make it so that for some or all of the links to external sites that they offer on their pages, the contents of the faraway sites would be saved (“cached”). They would do this only for sites that wish it to be done, and then only for sites that also perform such mirroring themselves. Then, when one site goes down, a Web surfer clicking on a link to get there can return to the referring site and ask for a copy of whatever he or she is missing since the destination site is down."


===Potential Evening Event(s)===
===Potential Evening Event(s)===


''[[Evening Events|See main page on Evening Events for more information and Sign-up Sheet]]''


A selection of activities led by Berkman Directors, fellows and other interested community members.
We will be offering a selection of activities led by Berkman Directors, fellows and other interested community members.
Participants could elect to participate in any number of events hosted by Berkman Faculty Members and other community members
Participants are invited to pitch ideas and to sign up on the wiki for Food for Thought dinners, Poker with Charlie Nesson, and other activities at area restaurants or at the Berkman Center. Please see the Wiki for additional details.
We could use offer food and drink in the common room, and then use different rooms in the building to engage in a series of activities, e.g.:
* Powerpoint Karaoke (Jonathan Zittrain)
* Poker (Charlie Nesson)
* Food for Thought Dinners on different topics (Urs Gasser, etc.)
Participants could sign up on the wiki and also move between them (if all at the Center or nearby). There could be some music or other activity to bring everyone together at the close of the session


==Friday, September 9, 2011==
==Friday, September 9, 2011==
===Minds for Sale===
''[[Minds for Sale|See main page on Minds for Sale]]''
'''Friday, 10:00-11:00'''<br>
''Lead: Jonathan Zittrain''
In this presentation, Jonathan Zittrain will outline his current work on the concepts of ubiquitous
human computing and distributed work. Encompassing phenomena from gamification,
CAPCHAs and Mechanical Turk to the X Prize, he will examine the consequences of
crowdsourcing, economically, legally and socially, review the development and present state of
the practice, and invite the audience to think ahead to its possible futures.
===Interoperability===
''[[Interoperability|See main page on Interoperability]]''
'''Friday, 11:30 – 1:00'''<br>
''Lead: Urs Gasser, with John Palfrey''
This synthesizing session will examine interoperability and its role in driving innovation in the ICT environment. Urs Gasser and John Palfrey -- who recently completed a book on the topic (slated for release in February 2012) -- will outline a conceptual framework for thinking about interoperability, its driving forces and inhibitors, how it can best be achieved, and why. They will touch on a number of current usecases where interoperability plays a decisive role, including, cloud computing, the Smart Grid, and electronic health records. How do we define interoperability and prioritize it as an important policy goal? What do consumers, companies, and governments stand to gain (or lose) from interoperability or lack thereof? How do concerns related to lack of diversity, or diminished privacy and security interact with interoperability? How are optimal levels of interoperability achieved through law, policy, technology, and innovations in the marketplace?
===Student Presentations/Reaction Statements/Proposals===
''[[Student_Projects#Option_C._Final_Presentation:_Lightning_Talk.2C_Provocation.2C_Response_Statement|See "Option C" on the main page for Student Projects]]''
'''Friday, 2:00-3:30'''<br>
''Lead: Charlie Nesson''
This module will be designed by students and lightly moderated by Charlie Nesson. 5-10 minute reflections might be a take on the “Future of the Internet” discussion, offer central issues for consideration or faculty response, or provide a reaction statement on key elements of the program. Other options include providing a deeper dive into a particular module or interesting case for further study, etc. The focus here would be on developing a short presentation, to be followed by brief Q&A with audience members.
===The Future of the Internet===
===The Future of the Internet===


''[[The Future of the Internet|See main page on The Future of the Internet]]''
''[[The Future of the Internet|See main page on The Future of the Internet]]''


In a moderated discussion hosted by Jonathan Zittrain, the Berkman Directors and Faculty Leads will be invited to reflect on the central themes emerging from the previous days, with a particular focus on the Internet’s future. Participants will engage one another regarding the next “big thing” – anticipated developments, opportunities, emerging issues, and risks within their particular area of research or interest. Foundational to the discussion will be the future of the Internet's generativity, including innovative and creative outputs and participatory input (the opportunity to connect with other people, work with them, and express oneself). Concerns regarding security, invasions of privacy, and other emerging issues may threaten that generative infrastructure; what are the potential costs? What are the visionary solutions?
'''Friday, 4:00 to 5:00'''<br>
 
''Lead: Jonathan Zittrain''
===Student Presentations===
This structured exercise could aim to engage students (and the entire room) as a type of participants’ response to, or reflection on, the program overall and the Future of the Internet session in particular. What have you learned? 
 
We may present a menu of options for students to select from. In teams of 10-15 students, coupled with ideally 2 or so VIPs/practitioners, we might invite groups to come in with 5 slides on emerging stories, issues, questions to research and explore. They might also elect to “document” iLaw in some way – with video, interviews, or other tools that can be posted to the iLaw site as a record of, or reflection on the event. We might invite others to develop a certain part of the curriculum, course materials, or wiki as their project; some may write a short op-ed on one of the key questions surfaced in the discussions or as a means of harnessing additional insights. Others may volunteer to run the question tool in real time during the day or blog during the days.


===Wrap-up: Looking Ahead===
In a moderated discussion hosted by Jonathan Zittrain, Berkman Directors and Faculty Leads will be invited to reflect on the central themes emerging from the previous days, with a particular focus on the Internet’s future. Participants will engage one another regarding the next “big thing” – anticipated developments, opportunities, emerging issues, and risks within their particular area of research or interest. Foundational to the discussion will be the future of the Internet's generativity, including innovative and creative outputs and participatory input (the opportunity to connect with other people, work with them, and express oneself). Concerns regarding security, invasions of privacy, and other emerging issues may threaten that generative infrastructure; what are the potential costs? What are the visionary solutions?
(TBD)

Latest revision as of 15:53, 3 September 2011

iLaw Wiki Navigation
Pillar Themes of iLaw
Open Systems/Access · Online Liberty and FOE
The Changing Internet: Cybersecurity · Intellectual Property
Digital Humanities · Cooperation · Privacy
Cross-sectional Themes of iLaw
The History of the Internet
The Global Internet · Interoperability
The Study of the Internet: New Methods for New Technologies
The Future of the Internet
Case Studies
Digital Libraries, Archives, and Rights Registries
Exploring the Arab Spring · Minds for Sale
User Innovation · Mutual Aid
Misc
Program Schedule · Program Logistics
Evening Events · Student Projects · Participation
Old iLaw Videos · Mid-Point Check-in

Master Program Schedule

Important Program Information

Please note that the iLaw 2011 Program is a Harvard Law School class that is closed to the public. Attendance is restricted to registered students and invited guests.


KEY
Pillar Theme Sessions Cross-Sectional Theme Sessions Case Studies



DRAFT Program Agenda
  Monday - Sept. 5 Tuesday - Sept. 6 Wednesday - Sept. 7 Thursday - Sept. 8 Friday - Sept. 9
9:00   Welcoming Remarks

9:00 to 9:15
Leads: William Fisher and Jonathan Zittrain

     
9:30   The History of the Internet

9:15 to 11:15
Leads: Jonathan Zittrain with Lawrence Lessig* (TBC)

     
10:00   The Changing Internet: Cybersecurity

10:00 to 11:30
Lead: Jonathan Zittrain

*Mid-Point Check-in*

Part 2
10:00 to 10:20
Lead: Charlie Nesson

Minds for Sale

10:00 to 11:00
Lead: Jonathan Zittrain

10:30   Digital Humanities

10:20 to 12:00
Leads: Jeffrey Schnapp and Jesse Shapins

11:00   15-minute Break

11:15 to 11:30

30-minute Break
11:30   Open Systems/Access

11:30 to 1:00
Lead: Yochai Benkler

30-minute break Interoperability

11:30 to 1:00
Leads: Urs Gasser with John Palfrey

12:00   Intellectual Property

12:00 to 1:30
Leads: William Fisher and Charlie Nesson

30-minute break
12:30   Digital Libraries, Archives, and Rights Registries

12:30 to 1:30
Moderator: Charlie Nesson

1:00   Lunch

1:00 to 2:00

Lunch

1:00 to 2:00

1:30   Lunch

1:30 to 2:30

Lunch

1:30 to 2:30

2:00   Online Liberty and FOE

2:00 to 3:30
Lead: John Palfrey

Student Questions and Reactions for Faculty-Leads

2:00 to 3:30
Lead: Charlie Nesson

2:30   User Innovation

2:30 to 3:30
Leads: Eric von Hippel and William Fisher

The Global Internet

2:30 to 3:30
Leads: Urs Gasser and Herbert Burkert

3:00  
3:30   15-minute break

3:30 to 3:45

30-minute break Cooperation

3:30 to 4:30
Lead: Yochai Benkler

30-minute break
4:00   Exploring the Arab Spring

3:45 to 4:45
Leads: John Palfrey, Yochai Benkler, Charlie Nesson, and others

Privacy

4:00 to 5:30
Leads: Phil Malone, with Herbert Burkert and John Palfrey

The Future of the Internet

4:00 to 5:00
Lead: Jonathan Zittrain

4:30   30-minute break
5:00     Mutual Aid

5:00 to 6:00
Lead: Jonathan Zittrain

Final BBQ

5:00 to 7:00

5:30     The Study of the Internet: New Methods for New Technologies

5:30 to 6:30
Moderator: John Palfrey

6:00 Drinks at John Harvard's Brew House

6:00 to 8:00

   
6:30 Berkman Center Open House

6:30 to 8:30

*Mid-Point Check-in*

Part 1
6:30 to 6:45
Lead: Charlie Nesson

 
7:00 metaLAB (at) Harvard Event

7:00 to 9:00

Selected Evening Events

7:00 to 9:00

 
7:30  
8:00  
8:30      
9:00      

iLaw 2011 Program Overview

Important Program Information

Please note that the iLaw 2011 Program is a Harvard Law School class that is closed to the public. Attendance is restricted to registered students and invited guests.

Since the last iLaw conference was held nearly five years ago, the debates at the intersection of technology, law, and policy have continued to evolve. The introduction of new technologies – and new uses of old technologies – raise a broad range of problems to explore. To name a few examples, the intervening years have seen the growth of social networking tools; Facebook has gained more than 750 million users worldwide and has found itself at the center of privacy debates. Information technologies have played an unprecedented role in recent protests in the Middle East and North Africa, at times in tension with US foreign policy and export controls. In the US, government regulators and major ISPs continue to struggle with finding the right balance points for network governance and regulatory authority.

Growing Internet usage trends, disruptive technologies, increased efforts by governments and private entities to control the online space continue to reshape the cyber landscape. These issues, alongside the actors who provide the technologies and the users who engage with them, are at the center of many global policy debates. iLaw 2011 will be a unique opportunity to reexamine these areas of inquiry and core questions while engaging with the new and emerging issues and thorny debates that are constantly reshaping the field.

The 2011 iLaw Program is designed to take participants through the evolution of information technologies and the Internet, including their past, present, and future. Each module will provide a bridge to the past, beginning with a brief sketch of how a particular issue has evolved over the course of recent decades, both from an intellectual history perspective and via changes in policy, practice, and technology. Faculty and selected guests will use this foundation to explore how technical, social, legal, economic, and policy trends and debates have evolved over time, and identify the primary questions and issues that currently define the online space.

A Note on Format and Mode

Deep dialogue, hard questions and genuine interactivity are fundamental to the success and mode of iLaw. Participants will be invited to engage with sessions in diverse ways throughout the program–from the wiki to the question tool, open Q&A, structured interposals, open space, and invited conversation. Although we expect close to 200 participants, we are committed to genuine interactivity throughout the event; we encourage active engagement from all participants.

Driving Questions from Faculty

The questions posed below by Berkman Faculty members reflect the fundamental inquiries for participants to consider during the 2011 iLaw Program:

Yochai Benkler

  • How do we systematize cooperative human systems design, now that we all know that online collaboration is a critical component of the networked information economy?
  • How do we integrate power into our understanding of networked society? What are the limits of public action, and what are the limits of decentralized action, given power in the market, the state, real-world society and the network?

William Fisher

  • To what extent, if any, is legal protection for creative works necessary either to stimulate creativity or to ensure that creators are treated fairly?

Charlie Nesson

  • Suppose it were to be agreed among us that when the founders wrote the Progress clause of our constitution, the exclusive right they were granting to publishers of creative works was the legal right to stop other publishers from selling copies of their works. Can you tell a coherent legal story about how we got from there to here?
  • Viewed from the vantage of equal citizens in a public domain of common (totally usable) knowledge, when did We the People surrender the liberty of privately copying works of any kind? That is to say, when was this liberty taken from us?

John Palfrey

  • What have we learned over the last fifteen years about the opportunities and challenges of studying digital networks and how we mediate our lives through them? What methods are the most fruitful, and which the most fraught?
  • How are the dynamics of politics changing as activists and states alike use digital networks as both their tools and their workbenches? What do these changes mean for governing and for campaigning for change?
  • Does the arc of the Internet bend toward justice?

Jonathan Zittrain

  • How do we reconcile welcome contributions from all corners with poisoned apples?
  • What is the Internet doing to us?

Driving Questions from Participants and Students

What questions and concerns are you grappling with in the this field? Where does the future take us? Please add your own driving questions here: Driving Questions. As this page is populated, questions will be added below. Alternatively, add your driving questions to The Question Tool.

  • How should a legal system often preoccupied with places - such as the home, the street, the square, or the battlefield - adapt to technologies that increasingly are placeless? Do physical boundaries still have meaning in a digital age? --Sonia 15:14, 28 August 2011 (UTC)

Monday, September 5, 2011

Drinks at John Harvard's Brew House

Monday, 6:00 to 8:00

See main page on Drinks at John Harvard's

All participants are invited to join us at John Harvard's Brew House in Harvard Square for an optional, informal gathering and cash bar with Berkman Community members and fellow participants.

Tuesday, September 6, 2011

After introductions led by Terry Fisher and Jonathan Zittrain, the day will begin with The History of the Internet, during which Jonathan Zittrain will introduce and discuss the “generative framework” of the Net, outlining the unique characteristics of Internet architecture that were critical to its success and continued evolution. Yochai Benkler will pick up related themes of openness, access, and distribution and their implications for user choice and online freedom in “Open Systems/Access,” during which WikiLeaks will be featured as a case to examine related issues.

After lunch, John Palfrey will lead “Online Liberty and Freedom of Expression,” which will take a focused look at the issues surrounding online freedom and the different types of control deployed by governments, users, companies, and other actors through a series of illustrative examples presented by audience members. Following this, a moderated discussion featuring selected faculty and guests will focus on the role of new technologies during recent protests in the Middle East and North Africa.

In the evening, all participant and audience members are invited to attend the Berkman Center’s Open House.

The History of the Internet

See main page on The History of the Internet

Tuesday, 9:15 to 11:15
Leads: Jonathan Zittrain with Larry Lessig

The day will begin with a brief history of the Net and an introduction to the theory of generativity as a framework to understand the Internet’s disruptive power. Jonathan Zittrain’s opening lecture will focus on the Internet’s technical evolution and underlying architecture; the values that informed its early development, including principles related to consensus, openness, and non-discrimination; and the range of players, from users to computer scientists, governments and other bodies, and corporations, who engaged in the various activities, controls, and other arrangements that formed the initial distributed digital governance of the online space. What characteristics make the evolution of the Internet so unique? What are the issues and organizations that characterize online governance and policy-making today?

Open Systems/Access

See main page on Open Systems/Access

Tuesday, 11:30 to 1:00
Lead: Yochai Benkler

This session will discuss the enormous benefits of open systems and address the ways in which openness at all layers of the networked environment can be achieved. Yochai Benkler will present a set of examples in which physical access, social production of content, and other forms of user creation and collaboration play a powerful role in supporting freedom and new forms of innovation. Skype will provide an illustrative usecase through which to explore these topics. From these examples, he will draw out how proprietary networks and standards (like mobile networks) differ from open ones (like TCP/IP, competitive infrastructure, free software, open standards, and free culture/content-based models). The case of WikiLeaks will provide a lens through which to view questions related to openness, access, and content distribution at different layers of the network.

Online Liberty and Freedom of Expression

See main page on Online Liberty and Freedom of Expression

Tuesday, 2:00 to 3:30
Lead: John Palfrey

Led by John Palfrey, this session will focus on online liberty and freedom of express and expand on some of the core themes introduced in the preceding sessions by providing an overview of the different phases of content regulation on the Internet. It will engage the audience with questions regarding the ways in which different political contexts shape different methods of and motivations for government control, and how various approaches in different countries inform each other. Respondents will be invited to reflect on key issues, including different forms of government controls and online speech regulation: China (a mix of “traditional” technical filtering with legal and informal regulatory mechanisms); the Arab Spring (just-in-time filtering combined with the arrest and intimidation of bloggers and digital activists); Russia (mostly non-technical, second and third generation controls rather than technical filtering); and US/Western Europe (mostly focused on child pornography and the illegal spread of copyrighted content). They will also grapple with hard questions related the role of intermediaries in response to government requests for user information, content removal or account deactivation and the implications of the current phase of control for free expression and privacy worldwide.

Exploring the Arab Spring

See main page on Exploring the Arab Spring

Tuesday, 3:45 to 4:45
Moderator: John Palfrey
Featuring: Yochai Benkler, Bruce Etling, Charlie Nesson, Nagla Rizk, and Ethan Zuckerman (tentative)

What has become known as the “Arab Spring” will serve as a synthesizing case study that will help to weave together the core themes outlined in both the Open Systems/Access and the Online Liberty and Freedom of Expression sessions, with a particular focus on the use of social media and the rise of information control and counter-control activities during recent protests and uprisings in the Middle East and North Africa. In this highly interactive sessions commentators will not only analyze the role of social media, but also consider the different roles and actors that influenced the events, including governments, activists, citizens, and companies.

Evening Event: Berkman Center Open House

Monday, 6:30 to 8:30

See this page for event details

All participants will be invited to share in an evening at the Berkman Center, where they will be introduced to projects, staff, fellows, and key research themes and activities.

Wednesday, September 7, 2011

The second day of iLaw will begin with a session focusing on the “The Changing Internet: Cybersecurity.” Building upon the previous day’s discussions, it will discuss the forces at play that may put values such as openness, autonomy, and diversity at risk.

Intellectual Property,” a conversation led by Terry Fisher and featuring Charlie Nesson, will provide an introduction to another highly contested area of cyberlaw and policy, outlining some of the central IP issues and debates, including copyright, free and fair use, and the public domain. Emerging technological trends such as cloud computing will be explored in the context of IP theory and practice. The afternoon starts with a session on “User Innovation,” led by Eric von Hippel, who will explore innovation through the lens of user creativity and networked models of production and expression.

The pillar session on “Privacy,” led by Phil Malone, and featuring Herbert Burkert and John Palfrey will start with a brief history of privacy, discussing the emergence of data protection law in Europe. Against this backdrop, recent global privacy developments and current online controversies – including behavioral targeting, persistent cookies and Do Not Track legislation; the right to be forgotten/ le droit à l’oubli; location privacy; facial recognition; contextual privacy; Google’s Street View service, and Google’s Buzz rollout – will be explored to gain a deeper understanding of the current the state of privacy law and norms– and their possible future.

The day will wrap up with a cross-sectional session that discusses the different approaches to the study of the Internet – including qualitative and quantitative methods – and their respective merits as well as limitations. More fundamentally, the session will explore as to what extent the Internet has led to methodological challenges – for instance in the context of the analysis of large data sets – and innovations, what types of best practices have developed over time, and what the open questions are.

The Changing Internet: Cybersecurity

See main page on The Changing Internet: Cybersecurity

Wednesday, 10:00 to 11:30
Lead:Jonathan Zittrain

This module will draw on central themes from the previous day regarding the unique qualities of the Internet, and the culture and architecture of openness – of protocols, interfaces, and values – that make it a generative space. What are the threats to this generativity? How do forces like consumerism, corporate interest, government and other controls, and cybersecurity put the open Net at risk? Concepts such as cyberwar will be surfaced via case examples, including phenomena such as Stuxnet and Ghostnet; the role of hackers such as AntiSec, LulzSec, and Anonymous will also be considered. This session will conclude with Q&A with the audience.

Intellectual Property

See main page on Intellectual Property

Wednesday, 12:00 to 1:30
Leads: William Fisher and Charlie Nesson

Led by William Fisher, this pillar will begin with a brief history of key theories and issues related copyright in the Internet space. By examining some of the hard problems and cases that have defined this field over the last decade, this session will explore some of the central questions that characterize current debates, including the wide spectrum of licensing options, the uncertainty about permissible uses associated with creative works, and the implications of cloud computing. Charlie Nesson will highlight questions regarding the public domain, free and fair use, and the need for digital copyright and public domain registries. This foundational pillar will lay the groundwork for two relevant use cases on User Innovation and Digital Libraries, Archives, and Rights Registries (which will take place on Thursday morning).

User Innovation

See main page on User Innovation

Wednesday, 2:30 to 3:30
Leads:Eric von Hippel and William Fisher

This case study build upon the IP session and will explore the creation of unique works, free and fair use, and other related issues through the prism of user innovation. Eric von Hippel will begin the discussion with an overview of new forms of user creativity and production in the online space, facilitated by the proliferation of freely available information online, the ease with which people can communicate digitally, and advances in innovating technology. This overview will segue into a discussion moderated by William Fisher, which will engage von Hippel and others in exploring models that exemplify the benefits of cheap and easy production while also examining the challenges such as copyright issues surrounding the reappropriation and alteration of original sources that may inhibit users’ capacity to innovate.

Privacy

See main page on Privacy

Wednesday, 4:00 to 5:30
Leads: Phil Malone with Herbert Burkert and John Palfrey

This pillar topic, led by Phil Malone and featuring Herbert Burkert and John Palfrey, will cover a mixture of privacy history, theory, black letter law, regulatory developments and current controversies. Herbert Burkert will offer a multinational perspective of privacy law and policy, outlining the emergence of data protection law in Europe. Against this backdrop, recent global privacy developments, comparative EU vs. US approaches and current online controversies – including behavioral targeting, persistent cookies and Do Not Track legislation; the right to be forgotten/ le droit à l’oubli; location privacy; facial recognition; contextual privacy; Google’s Street View service, and Google’s Buzz rollout – will be explored to gain a deeper understanding of the current the state of privacy law and norms and possible ways forward. Participants Urs Gasser, and Charlie Nesson will add their perspectives on these issues throughout this session.

The Study of the Internet: New Methods for New Technologies

See main page on The Study of the Internet: New Methods for New Technologies

Wednesday, 5:30 to 6:30
Moderator: John Palfrey

What is the range of tools, disciplines, and research approaches that we can bring to bear on the study of the Internet and the study of the impact of new technologies on social, political, economic, legal, and other processes in both the online and offline spaces? This session will explore methods of studying the Internet’s societal implications, including empirical analysis, legal frameworks, policy perspectives, sociological surveys, and other methodologies. It will also surface and explore some of the challenges faced by researchers working with big data sets, with a particular focus on issues related to privacy, data security, and other considerations.

Mid-Point Check-in

See main page on Mid-point Check-in

Wednesday, 6:30 to 6:45
Lead: Charlie Nesson

The day will end with a mid-point check in with the audience, led by Charlie Nesson. Charlie will solicit comments from audience members and ask for thoughts, suggestions, and recommendations for program improvements.

Evening Event: openLAB_03 (Produced by metaLAB (at) Harvard)

See main page on metaLAB (at) Harvard Event

Wednesday, 7:00 to 9:00

metaLAB is an experimental research unit within the Berkman Center dedicated to innovation in arts, media and humanities. The group has invited us to come to their current residence, Arts @ 29 Garden, to share in an evening of surprises: thermal printers that respond to text message prompts, a cartographic surveillance system, large magenta cylinders that fabricate digital maps, live-mixed recordings of local pirate radio stations and an interactive LED jukebox. The event features recent hacks by the members of metaLAB and a special collaboration with Cambridge techno-musicologist Wayne Marshall. The evening will set the stage for the Digital Humanities pillar on Thursday morning.

Thursday, September 8, 2011

Day three of iLaw will begin with a follow-up discussion regarding Tuesday’s “Mid-point Check-in,” during which Charlie Nesson will respond to and solicit participant input regarding program improvements. Next, Jeffrey Schnapp and Jesse Shapins will lead a pillar session on “Digital Humanities,” in which they will consider how digital tools and media have affected how knowledge is produced and disseminated. Expert participants will present a selection of lightening talks on innovative, multi-disciplinary approaches to design on the web, presenting projects that draw on the social sciences, knowledge in the arts, storytelling, and cultural and historical memory. This will lead into moderated discussion led by Charlie Nesson on “Digital Libraries, Archives, and Rights Registries.” Mary Lee Kennedy, John Palfrey, Terry Fisher, Jeffrey Schnapp and others will discuss the promise and challenge associated with creating and maintaining digital libraries and archives; rights registries and the contours of copyright, public domain, free and fair use will also be examined.

Following a 30-minute break, Charlie Nesson will provide an introduction to “Digital Libraries, Archives, and Rights Registries.” Mary Lee Kennedy, John Palfrey, and others will then highlight the challenges associated with creating and maintaining digital libraries and archives. During the session, a number of US and European models will be explored, including the Berkman Center’s contributions to the Digital Public Library of American project. Charlie Nesson will tack on to this a discussion about rights registries and the contours of copyright, public domain, free and fair use.

After lunch, Urs Gasser and Herbert Burkert explore “The Global Internet.” This Cross-sectional session looks at the legal challenges that underlie global e-commerce, international dispute resolution, governance, and jurisdiction and the ways in which private entities, policymakers, and individuals have approached these challenges. Urs and Herbert will explore many of these issues through a series of mini-case studies.

Next, Yochai Benkler will lead a lecture, followed by a moderated discussion, on “Cooperation.” This will focus on how new technologies are being used to harness and fuel collaboration. In particular, Yochai and several Berkman fellows will highlight emerging collaborative models and their impact on business processes, “smarter” technology, economic reform, and volunteer contributions to research. Jonathan Zittrain will conclude the day with interactive discussion about “Mutual Aid,” in which he will describe a defense model to make the Internet more redundant and robust by “mirroring as you link.”

Mid-point Check-in, Part 2

Thursday, 10:00 to 10:20
Lead: Charlie Nesson

See main page on Mid-point Check-in

Charlie Nesson will lead this session and bridge his previous session, “suggestion for improvement” by sharing and commenting on the comments and suggestions obtained from audience.

Digital Humanities

See main page on Digital Humanities

Thursday, 10:20 to 12:00
Leads: Jeffery Schnapp and Jesse Shapins

This pillar session will address the current state of digital humanities, an umbrella term for new modes of scholarship that emphasize collaborative, trans-disciplinary, computationally-engaged research, teaching, and dissemination. Digital Humanities is less a unified field than an array of convergent practices that explore a universe in which print is no longer the normative medium in which knowledge is produced and disseminated; digital tools, techniques, and media have expanded traditional concepts of knowledge in the arts, human and social sciences. The session will address fundamental questions such as: How can traditional humanities skills be reshaped in multimedia terms? How and by whom will the contours of cultural and historical memory be defined in the digital era? How might practices of digital storytelling coincide or diverge from oral or print-based storytelling? What is the place of humanites in a networked world?

Digital Libraries, Archives, and Rights Registries

See main page on Digital Libraries, Archives, and Rights Registries

Thursday, 12:30 to 1:30
Lead: Charlie Nesson

A discussion moderated by Charlie Nesson will focus on opportunities and challenges regarding the creation and use of digital registries, archives, and libraries. Practical use cases such as the Digital Public Library of America (DPLA) in addition to other efforts to create registries for public domain works will be discussed, building upon and further illustrating previous thematic areas and pillar sessions, including copyright, user innovation, and free and fair use. Central considerations and driving questions regarding underlying technical architecture, legal challenges, legal support, and liability will inform the conversation.

The Global Internet

See main page on The Global Internet

Thursday, 2:30 to 3:30
Leads: Urs Gasser and Herbert Burkert

In the global online space, traditional legal frameworks, such as public international law and international private law, come together with new developments, such as evolving Internet law (focused on new regulations addressing international Internet issues), to create different models for, and forms of, digital governance. Processes and structures, such as online dispute resolution systems, Terms of Use policies, and other mechanisms also shape user activity and permissible behavior. Actions and interventions by private actors, NGOs, and international organizations, also exert control, by defining use and activity, permitting or denying access, and facilitating policy-making – all with varying degrees of harmonization, conflict, and evolution. Through a series of case studies, the attributes, influence, and evolution of these mechanisms will be explored in the context of e-commerce, media and free expression, technical and organizational infrastructure, and other values.

Cooperation

See main page on Cooperation

Wednesday, 3:30 to 4:30
Lead: Yochai Benkler

This session will center on the ways in which new technologies harness and fuel new forms of cooperation by lowering costs and enabling collaboration that can be transformative for business, government, and society at large. Yochai Benkler will lead a discussion on emerging cooperative models and their impact on business processes, smarter technology, economic reform, volunteer contributions to research, and other benefits. This session will engage several Berkman Fellows who are conducting observational and experimental research on the underlying social, psychological, and evolutionary mechanisms that affect cooperation, collaboration, dispute resolution, trust, and social and economic exchange. Wikipedia will provide an example through which to gain a deeper sense of the breadth and depth of the phenomenon of online cooperation, as well as illuminating the offline cooperation which forms the foundation of our societies.

Mutual Aid

See main page on Mutual Aid

Thursday, 5:00 to 6:00
Lead: Jonathan Zittrain

Building upon key themes related to cybersecurity and the role of the private sector in ensuring persistent, secure, and consistently available content on the web, this session will focus on possible responses to the current state of computer and network security. Drawing conceptually from mutual aid treaties among states in the real world, Jonathan Zittrain will outline a defense scheme that would seek to make the current decentralized Web a more robust one. His" mirror as you link" system of assistance reimagines the technological relationships between sites and services on the Web, and envisions a new socially- and technologically-based system of redundancy and security. "Today, if one clicks on a link to an external site and that site is unavailable – perhaps attacked with a classic denial-of-service – there is no alternative to accessing it. Mirror-as-you-link would change that. Participating Web server administrators could make it so that for some or all of the links to external sites that they offer on their pages, the contents of the faraway sites would be saved (“cached”). They would do this only for sites that wish it to be done, and then only for sites that also perform such mirroring themselves. Then, when one site goes down, a Web surfer clicking on a link to get there can return to the referring site and ask for a copy of whatever he or she is missing since the destination site is down."

Potential Evening Event(s)

See main page on Evening Events for more information and Sign-up Sheet

We will be offering a selection of activities led by Berkman Directors, fellows and other interested community members. Participants are invited to pitch ideas and to sign up on the wiki for Food for Thought dinners, Poker with Charlie Nesson, and other activities at area restaurants or at the Berkman Center. Please see the Wiki for additional details.

Friday, September 9, 2011

Minds for Sale

See main page on Minds for Sale

Friday, 10:00-11:00
Lead: Jonathan Zittrain

In this presentation, Jonathan Zittrain will outline his current work on the concepts of ubiquitous human computing and distributed work. Encompassing phenomena from gamification, CAPCHAs and Mechanical Turk to the X Prize, he will examine the consequences of crowdsourcing, economically, legally and socially, review the development and present state of the practice, and invite the audience to think ahead to its possible futures.

Interoperability

See main page on Interoperability

Friday, 11:30 – 1:00
Lead: Urs Gasser, with John Palfrey

This synthesizing session will examine interoperability and its role in driving innovation in the ICT environment. Urs Gasser and John Palfrey -- who recently completed a book on the topic (slated for release in February 2012) -- will outline a conceptual framework for thinking about interoperability, its driving forces and inhibitors, how it can best be achieved, and why. They will touch on a number of current usecases where interoperability plays a decisive role, including, cloud computing, the Smart Grid, and electronic health records. How do we define interoperability and prioritize it as an important policy goal? What do consumers, companies, and governments stand to gain (or lose) from interoperability or lack thereof? How do concerns related to lack of diversity, or diminished privacy and security interact with interoperability? How are optimal levels of interoperability achieved through law, policy, technology, and innovations in the marketplace?

Student Presentations/Reaction Statements/Proposals

See "Option C" on the main page for Student Projects

Friday, 2:00-3:30
Lead: Charlie Nesson

This module will be designed by students and lightly moderated by Charlie Nesson. 5-10 minute reflections might be a take on the “Future of the Internet” discussion, offer central issues for consideration or faculty response, or provide a reaction statement on key elements of the program. Other options include providing a deeper dive into a particular module or interesting case for further study, etc. The focus here would be on developing a short presentation, to be followed by brief Q&A with audience members.

The Future of the Internet

See main page on The Future of the Internet

Friday, 4:00 to 5:00
Lead: Jonathan Zittrain

In a moderated discussion hosted by Jonathan Zittrain, Berkman Directors and Faculty Leads will be invited to reflect on the central themes emerging from the previous days, with a particular focus on the Internet’s future. Participants will engage one another regarding the next “big thing” – anticipated developments, opportunities, emerging issues, and risks within their particular area of research or interest. Foundational to the discussion will be the future of the Internet's generativity, including innovative and creative outputs and participatory input (the opportunity to connect with other people, work with them, and express oneself). Concerns regarding security, invasions of privacy, and other emerging issues may threaten that generative infrastructure; what are the potential costs? What are the visionary solutions?