Program Schedule

Master Program Schedule

DRAFT Program Agenda

	Monday - Sept. 5	Tuesday - Sept. 6	Wednesday - Sept. 7	Thursday - Sept. 8	Friday - Sept. 9
10:00		Welcoming Remarks 10:00 to 11:30 Lead: William Fisher	The Changing Internet: Cybersecurity 10:00 to 11:30	*Mid-Point Check-in* Part 2 10:00 to 10:20	Minds for Sale 10:00 to 11:00 Lead: Jonathan Zittrain
10:30		The History of the Internet 10:30 to 11:00 Lead: Jonathan Zittrain		Digital Humanities 10:20 to 12:30
11:00		Opportunities for Participation			30-minute Break 11:00 to 11:15 Lead: Jonathan Zittrain
11:30		30-minute break	30-minute break		Interoperability 11:30 to 1:00 Leads: John Palfrey and Urs Gasser
12:00		Open Systems/Access 12:00 to 1:30 Lead: Yochai Benkler	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
1:30		Lunch 1:30 to 2:30	Lunch 1:30 to 2:30	Lunch 1:30 to 2:30
2:00					Student Questions and Reactions for Faculty-Leads 2:00 to 3:30 Lead: Charlie Nesson
2:30		Online Liberty and FOE 2:30 to 3:30 Lead: John Palfrey	User Innovation 2:30 to 3:30 Leads: Eric von Hippel and William Fisher	The Global Internet 1:30 to 2:30 Leads: Urs Gasser and Herbert Burkert
3:00
3:30		30-minute break	30-minute break	Cooperation 3:30 to 4:30 Lead: Yochai Benkler	30-minute break
4:00		Exploring the Arab Spring 4:00 to 5:00 Leads: John Palfrey, Yochai Benkler, Charlie Nesson, and others	Privacy 4:00 to 5:30 Leads: John Palfrey and Herbert Burkert		The Future of the Internet 4:00 to 5:00 Lead: Jonathan Zittrain
4:30				30-minute break
5:00		From Theory to Practice: Featured Projects 5:00 to 6:00 Moderator: John Palfrey		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 5:00 to 6:00 Moderator: John Palfrey
6:00
6:30			*Mid-point Check-in* Part 1 6:30 to 6:45
7:00	Drinks at Cambridge Common? 6:00 to 8:00	Berkman Center Open House 6:00 to 8:00	metaLAB (at) Harvard Event 7:00 to 9:00	Selection of Faculty-lead Sessions 7:00 to 9:00
7:30
8:00
8:30
9:00

iLaw 2011 Program Overview

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.

• Recommended substantive areas to review before iLaw 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.

The first day of iLaw will wrap up with “From Theories 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.

The History of the Internet

See main page on The History of the Internet

Tuesday, 10:30 to 11:00
Lead: Jonathan Zittrain 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.

Opportunities for Participation

Tuesday, 11:00 to 11:15 Lead: Jonathan Zittrain

Open Systems/Access

See main page on Open Systems/Access for required readings and other materials

Tuesday, 12:00 to 1:30
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. 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

See main page on Online Liberty and Freedom of Expression

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

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Tuesday, 4:00 to 5:00
Leads: Yochai Benkler, John Palfrey, Charlie Nesson, and others 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.

From Theory to Practice: Featured Projects

See main page on From Theory to Practice: Featured Projects

Tuesday, 5:00 to 6:00
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 (GNI), 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

See (URL to be added) 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: 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 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.

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. 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.

Intellectual Property

See main page on Intellectual Property

Wednesday, 12:00 to 1:30
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).

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 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.

Privacy

See main page on Privacy

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

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.

The Study of the Internet: New Methods for New Technologies

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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 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.

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

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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 on the program from audience members and ask for thoughts, suggestions, and recommendations on improvement.

Evening Event: metaLAB (at) Harvard

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 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.

About Augmented Harvard:

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.

Thursday, September 8, 2011

Day three of iLaw kicks off with Charlie leading a follow-up session to the “Mid-point Check-in” held on Tuesday. In this session he will discuss comments received from audience participants. Next, Jeffrey Schnapp and Jesse Shapins will lead the “Digital Humanities” pillar session, in which they will consider how digital tools and media have affected how knowledge is produced and disseminated. Drawing on a number of expert participants, Jeffery and Jesse expect to explore many areas affected by the cyberspace medium, including social sciences, knowledge in the arts, storytelling, and cultural and historical memory.

Following a 30-minute break, Terry Fisher 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

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.

Mid-point Check-in

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

Digital Humanities

See main page on Digital Humanities

Wednesday, 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?

Case Study: Digital Libraries, Archives, and Rights Registries

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

Wednesday, 12:30 to 1:30
Lead: William Fisher

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.

The Global Internet

See main page on The Global Internet

Wednesday, 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

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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 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.

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)

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 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

The Future of the Internet

See main page on The Future of the Internet

Friday, 9:00 to 11:00
Lead: Jonathan Zittrain

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?

Wrap-up: Looking Ahead

(TBD)