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Technology & the Law

Software, hardware, platforms, and networks are regulated by sometimes conflicting and overlapping sets of laws, policies, and norms. New technologies are constantly creating new frontiers for policymakers trying to understand and balance the costs and benefits to society. Through novel research and discussion across viewpoints and sectors, we seek to understand the complexities at play and help inform policy.

Our Work 173

Publication
Jun 22, 2023

Vectors of AI Governance

Juxtaposing the U.S. Algorithmic Accountability Act of 2022 with The EU Artificial Intelligence Act

This article juxtaposes proposed legislation in the US and EU for regulating AI and reflects on the future direction of AI governance.

News
Nov 14, 2022

BKC Comment to the FTC on Transparency and Commercial Surveillance

On behalf of BKC and its projects and associates, the Cyberlaw Clinic submitted a comment regarding the FTC's ANPR related to commercial surveillance and data privacy.

Publication
Mar 7, 2022

Digital Crime Scenes

The Role of Digital Evidence in the Persecution of LGBTQ People in Egypt, Lebanon, and Tunisia

Digital evidence has made it easier for law enforcement to identify, harass, and prosecute LGBTQ people...

Event
Oct 1, 2021 @ 12:00 PM

Protecting and Promoting AI Innovation: Patent Eligibility Reform as an Imperative for National Security and Innovation

Three Part Virtual Symposium - Security, Privacy, and Innovation: Reshaping Law for the AI Era

VIDEO: Security, Privacy, AI, Law

Event
Sep 24, 2021 @ 12:00 PM

Constitutional Values and the Rule of Law in the AI Era: Confronting a Changing Threat Landscape

Three Part Virtual Symposium - Security, Privacy, and Innovation: Reshaping Law for the AI Era

VIDEO: Security, Privacy, AI, Law

Event
Sep 17, 2021 @ 12:00 PM

Responding to AI Enabled Surveillance and Digital Authoritarianism

Three Part Virtual Symposium - Security, Privacy, and Innovation: Reshaping Law for the AI Era

VIDEO: Security, Privacy, AI

News
Oct 30, 2020

Cyberlaw Clinic and EFF publish Guide to Legal Risks of Security Research

Guide provides pragmatic guidance for navigating today’s uncertain legal landscape

News
Aug 27, 2020

Cyberlaw Clinic weighs in on warrantless device searches at the US border

Mason Kortz discusses an amicus brief filed on behalf of the Harvard Immigration and Refugee Clinic

News
Apr 28, 2020

Global Perspectives on Data Collection, Contact Tracing, and COVID-19

Network of Centers discussion focuses on uses of data to combat COVID-19

Network of Centers discussion focuses on uses of data to combat COVID-19

Event
Apr 14, 2020 @ 12:00 PM

[Virtual] Why Fairness Cannot Be Automated

Video & Podcast: Bridging the Gap Between EU Non-Discrimination Law & AI

Fairness and discrimination in algorithmic systems are globally recognized as topics of critical importance. To date, the majority of work in this area starts from an American…

News
Apr 10, 2020

Cyberlaw Clinic turns 20

Founded in 1999, the first-of-its-kind clinical program based at the Berkman Klein Center celebrates two decades of perpetual adaptation

Founded in 1999, the first-of-its-kind clinical program based at the Berkman Klein Center celebrates two decades of perpetual adaptation

News

From clinical student to clinical instructor

Kendra Albert shares their Cyberlaw Clinic story

Kendra Albert shares their Cyberlaw Clinic story

Feb 25, 2020
Event
Nov 18, 2019 @ 12:00 PM

Napster@20: Reflections on the Internet’s Most Controversial Music File Sharing Service

Part of the Cyberlaw Clinic 20th Anniversary Event Series

VIDEO & PODCAST: Examining the direct and indirect legacy of Napster over the past two decades

Event
Feb 15, 2019 @ 5:30 PM

Re-Framing the Frame

Preparing Justice-Seekers through Legal Education

Read more about the Re-Framing the Frame Workshop here.  This talk takes a critical look at the consequences of framing legal education as it stands now: as law from…

News
Dec 10, 2018

Clinic Releases Guide to Anti-Circumvention Exemption for Software Preservation

A new guide for preservationists who want to take advantage of the legal exemption to archive software

News

Harvard Law Just Released 6.5 Million Court Decisions Online

40 million pages of U.S. court decisions made available free and in-full online for the first time

Oct 29, 2018
Publication
Jun 1, 2018

Coming in from the Cold: A Safe Harbor from the CFAA and DMCA §1201

A proposal for a statutory safe harbor from the Computer Fraud and Abuse Act and DMCA for security research activities.

Event
May 22, 2018 @ 12:00 PM

Art that Imitates Art

Computational Creativity and Creative Contracting

Copyright in AI-generated works, the need for a shared understanding of what is and isn’t up for grabs in a license, and how forward-thinking contracts can prevent AI developers…

Event
May 8, 2018 @ 12:00 PM

Governance and Regulation in the land of Crypto-Securities (as told by CryptoKitties)

featuring founding members, Dieter Shirley and Alex Shih

Join founding members of the CryptoKitties team, Dieter Shirley and Alex Shih, as they discuss the unique governance, legal, and regulatory challenges of putting cats on the…

Publication
May 8, 2018

AGTech Forum Briefing Book: State Attorneys General and Artificial Intelligence

Artificial intelligence is already starting to change our lives. Over the coming decades, these new technologies will shape many of our daily interactions and drive dramatic…

Event
May 1, 2018 @ 12:00 PM

The Law and Ethics of Digital Piracy

Evidence from Harvard Law School Graduates

When do Harvard law students perceive digital file sharing (and piracy) as fine?

Apr 16, 2018 @ 4:00 PM

Force of Nature

Celebrating 20 Years of the Laws of Cyberspace

Join us as we celebrate 20 years of the Laws of Cyberspace and the ways in which it laid the groundwork for our Center's field of study.

Event
Apr 10, 2018 @ 12:00 PM

Tales from the Public Domain

James Boyle and Jennifer Jenkins discuss "Theft! A History of Music"

You can download the book here. Event Description This comic lays out 2000 years of musical history. A neglected part of musical history. Again and again there…

Event
Apr 9, 2018 @ 12:00 PM

Remedies for Cyber Defamation

Criminal Libel, Anti-Speech Injunctions, Forgeries, Frauds, and More

“Cheap speech” has massively increased ordinary people’s access to mass communications -- both for good and for ill. How has the system of remedies for defamatory, privacy…

Event
Apr 5, 2018 @ 12:00 PM

A talk with Marilù Capparelli, PhD

Legal Director at Google

Please join the Harvard Italian Law Association and the Berkman Klein Center for Internet & Society for a discussion on several legal and regulatory issues concerning digital…

Event
Apr 3, 2018 @ 12:00 PM

The Right of Publicity

Privacy Reimagined for a Public World

Jennifer E. Rothman discusses her book, The Right of Publicity: Privacy Reimagined for a Public World (Harvard University Press 2018). She challenges the conventional story of the…

Publication
Apr 1, 2018

Big Data, Health Law, and Bioethics

This timely, groundbreaking volume explores how law promotes or discourages the use of big data in the health care sphere.

Publication
Feb 9, 2018

Follow-up Letter to the Members of the Massachusetts Legislature Regarding the Adoption of Actuarial Risk Assessment Tools in the Criminal Justice System

The following open letter — signed by Harvard and MIT-based faculty, staff, and researchers — is directed to the Massachusetts Legislature to inform its consideration of risk…

Event
Feb 6, 2018 @ 12:00 PM

Health Care Costs and Transparency

featuring John Freedman, President & CEO of Freedman HealthCare

Health spending continues to outpace wages and GDP, while some new insurance designs transfer greater shares of that to patients’ own out of pocket costs. What is driving health…

Event
Jan 30, 2018 @ 12:00 PM

The “Monkey Selfie” Case: Can Non-Humans Hold Copyrights?

featuring a panel of experts on copyright, cyber law, and intermediary liability issues

Can non-human animals own copyrights? Can artificial intelligence machines? Join the Berkman Klein Center, the Harvard Law School Animal Law & Policy Program, and the HLS Student…

Event
Jan 16, 2018 @ 12:00 PM

Who Owns Your Ideas and How Does Creativity Happen?

A Conversation with Professor Orly Lobel

Who owns your ideas? How are cultural icons created and who gets to control their image and message? Orly Lobel’s new book You Don’t Own Me is about how intellectual property both…

Publication
Jan 10, 2018

Community-Owned Fiber Networks: Value Leaders in America

Pricing Review Shows They Provide Least-Expensive Local "Broadband"

Our examination of advertised prices shows that community-owned fiber-to-the-home (FTTH) networks in the United States generally charge less for entry-level broadband service than…

Publication
Nov 27, 2017

Accountability of AI Under the Law: The Role of Explanation

The paper reviews current societal, moral, and legal norms around explanations, and then focuses on the different contexts under which an explanation is currently required under…

News
Nov 21, 2017

Apply for a Spot in CopyrightX 2018

CopyrightX is a networked course that explores the current law of copyright; the impact of that law on art, entertainment, and industry; and the ongoing debates concerning how the…

Publication
Nov 9, 2017

An Open Letter to the Members of the Massachusetts Legislature Regarding the Adoption of Actuarial Risk Assessment Tools in the Criminal Justice System

This open letter — signed by Harvard and MIT-based faculty, staff, and researchers— is directed to the Massachusetts Legislature to inform its consideration of risk assessment…

Publication
Oct 5, 2017

Zero Rating & Internet Adoption

Workshop Paper & Research Agenda

In March of 2016, a diverse group of stakeholders gathered to discuss the use of zero rating as a means to improve Internet adoption in the developing world and how and when it…

Publication
Oct 5, 2017

Enabling Competition & Innovation on a City Fiber Network

The municipally owned fiber-optic network of Ammon, Idaho provides one model for U.S. public entities and policymakers seeking to increase service competition and innovation.

News
Jul 10, 2017

The Ethics and Governance of Artificial Intelligence Fund Commits $7.6 Million to Support the Development of AI in the Public Interest

With the Berkman Klein Center and  MIT Media Lab as academic anchor institutions, the Ethics and Governance of Artificial Intelligence Fund announced today funding for nine…

News
Jun 27, 2017

AI and the Law: Setting the Stage

We as a society are only beginning to understand the ethical, legal, and regulatory challenges associated with AI, as well as develop appropriate governance models and responses.

Publication
Feb 27, 2017

Open Data Privacy Playbook

This report codifies responsible privacy-protective open data approaches and processes that could be adopted by cities and other government organizations.

Event
Feb 21, 2017 @ 12:00 PM

Internet Designers as Policy-Makers

Sandra Braman, Abbott Professor of Liberal Arts at Texas A&M University

Those responsible for technical design of the Internet are essential among the policy-makers for this large-scale sociotechnical infrastructure. Based on analysis of the…

Event
Feb 14, 2017 @ 12:00 PM

Hyperloop Law: Autonomy, Infrastructure, and Transportation Startups

featuring General Counsel of Hyperloop One, Marvin Ammori

The future of transportation may include Google's autonomous vehicles, Uber's flying cars, and Amazon's delivery drones--all bound together by a high-speed hyperloop backbone. You…

Event
Feb 7, 2017 @ 12:00 PM

Bottom-up Constitutionalism: The Case of Net Neutrality

with Christoph Graber, Berkman Klein Faculty Associate

Can we observe the emergence of a new fundamental right that is protecting the Internet? Can such a constitutionalisation process originate from civil society?

Publication
Feb 6, 2017

Citizens Take Charge: Concord, Massachusetts, Builds a Fiber Network

In this case study, the authors describe the municipal smart grid and fiber-to-the-home Internet access project in the town of Concord, Massachusetts, and quantify early paybacks…

Publication
Feb 6, 2017

Smart Grid Paybacks: The Chattanooga Example

After building a fiber optic network throughout its service territory, the city-owned electric utility in Chattanooga, Tennessee, in 2010 became the first U.S. company to offer…

Event
Jan 26, 2017 @ 12:00 PM

Free Independent Health Records

featuring Adrian Gropper, MD

Free Independent Health Records are an important use-case for self-sovereign technology that links individual people with licensed practitioners and connected services. Blockchain…

News
Jan 10, 2017

Berkman Klein Center and MIT Media Lab to Collaborate on the Ethics and Governance of Artificial Intelligence

Supported by the Knight Foundation, Omidyar Network, LinkedIn founder Reid Hoffman, Hewlett Foundation, and more

Several foundations and funders today announced the Ethics and Governance of Artificial Intelligence Fund, which will support interdisciplinary research to ensure that AI develops…

Publication
Dec 12, 2016

Does Public Attention Reduce the Influence of Interest Groups?

Policy Positions on SOPA/PIPA Before and After the Internet Blackout

This paper investigates the role public attention plays in determining the effect that campaign contributions funded by interests groups have on legislators’ policy positions.

News
Oct 17, 2016

Apply for a spot in CopyrightX

CopyrightX is a networked course that explores the current law of copyright; the impact of that law on art, entertainment, and industry; and the ongoing debates concerning how the…

Publication
Sep 26, 2016

Networked Policy Making Avenues: Assessing the Role of Academics in Digital Policy

There are a growing number of examples that point toward a change in the way public policy is made in the digital age. This new context, which we refer to as networked…

Publication
Sep 12, 2016

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

This white paper explores NYPD's adoption of Twitter and an ideation platform called IdeaScale that was aimed at allowing community members to nominate "quality of life" issues…

Publication
Apr 20, 2016

WiredWest: a Cooperative of Municipalities Forms to Build a Fiber Optic Network

Western Massachusetts Towns Create a New Model for Last-Mile Connectivity, but a State Agency Delays Approval and Funding

A new case study from the Berkman Center's Municipal Fiber Initiative profiles a group of Western Massachusetts towns who have created a new model for last-mile connectivity.

News
Apr 14, 2016

Cyberlaw Clinic and Lumen Project Reps Contribute to Section 512 Study

On April 1st, the Copyright Office closed the initial comment period for a public study undertaken to evaluate the impact and effectiveness of the Digital Millennium…

Publication
Apr 14, 2016

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

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

This new toolkit provides school system leaders the guidance to understand and leverage the federal E-rate program, which provides up to $3.9 billion annually to subsidize the…

News
Mar 29, 2016

Cyberlaw Clinic FAQ — 2016-17 Registration Starts Soon!

Harvard Law School 1Ls and 2Ls should now be aware that clinical registration for the 2016-17 academic year takes place this week, starting at 9:00 am on Wednesday, March 30 and…

Publication
Nov 9, 2015

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

The idea of an “Internet Bill of Rights” is by no means a new one: in fact, serious efforts to draft such a document can be traced at least as far back as the mid-1990s. In this…

Publication
Aug 10, 2015

Designing Successful Governance Groups

Lessons for Leaders from Real-World Examples

The Berkman Center for Internet & Society, together with the Global Network of Internet and Society Research Centers (NoC), is pleased to announce the release of a new publication…

Publication
Jul 8, 2015

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

Holyoke Gas & Electric’s telecom division provides high-speed Internet access to local businesses and public agencies, bringing in revenue and profits while aiding in local…

Publication
Jul 6, 2015

Interoperability in the Digital Ecosystem

The Berkman Center is pleased to announce the publication of a new paper, "Interoperability in the Digital Ecosystem." The paper builds upon our previous interoperability work,…

News
Mar 6, 2015

Applications open for Advanced Copyright Practice, a new HLS Executive Education course

Faculty co-director William Fisher, together with five faculty, will teach Advanced Copyright Practice on May 7-9, 2015. The application deadline is April 15.

Update, April 14, 2015: this course has been indefinitely postponed. This intensive three-day executive education course is designed for lawyers who would like to deepen their…

Publication
Feb 18, 2015

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

This project examines the rapidly changing landscape of online intermediary liability at the intersection of law, technology, norms, and markets, and is aimed at informing and…

Publication
Jan 15, 2015

Multistakeholder as Governance Groups: Observations from Case Studies

The project explores existing multistakeholder governance groups with the goal of informing the future evolution of the Internet governance ecosystem. The research effort…

Event
Oct 10, 2014 @ 2:00 PM

National Security and Cyberthreats

A Conversation with John Carlin, Assistant Attorney General for National Security

Join Assistant Attorney General for National Security HLS alumnus and Heyman Fellow John Carlin, together with moderator Jonathan Zittrain, for a conversation about significant…

Publication
Jun 4, 2014

Who Gets a Press Pass?

Media Credentialing Practices in the United States

This study, the first of its kind to perform a quantitative examination of media credentialing in the United States, surveys the experience of journalists throughout the country…

Event
Apr 15, 2014 @ 12:30 PM

Ethereum: Freenet or Skynet ?

Primavera De Filippi, Berkman Center Fellow

Ethereum: smart contracts, distributed autonomous organizations, and the law. Can the dreams of an autonomous decentralized society be implemented through the tyranny of code?

Publication
Mar 17, 2014

Governments and Cloud Computing: Roles, Approaches, and Policy Considerations

In this paper, Urs Gasser and David O'Brien synthesize findings from a multi-year cloud computing research initiative led by the Berkman Center in close collaboration with the…

Publication
Mar 17, 2014

Cloud Innovation and the Law: Issues, Approaches, and Interplay

“Cloud Innovation and the Law: Issues, Approaches, and Interplay,” authored by Berkman Center Executive Director and Harvard Law School Professor of Practice Urs Gasser, draws…

Publication
Aug 15, 2013

Interoperability Case Study: From Crowdsourcing Potholes to Community Policing

Applying Interoperability Theory to Analyze the Expansion of “Open311”

Following the four primary applications of interoperability theory laid out by Palfrey and Gasser, this paper is organized into five Parts: (1) Part One introduces the topic; (2)…

Course

Cyberlaw Clinic - Fall 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world client counseling, licensing and…

Publication
Jun 23, 2013

Interoperability Case Study: The European Union as an Institutional Design for Legal Interoperability

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser Interop: The Promise and Perils of Highly…

Event
May 4, 2013 @ 9:00 AM

Filling the News Gap in Cambridge and Beyond: Citizen Journalism and Grassroots Media

The event will explore the quickly expanding world of citizen journalism: how technology is fueling its growth; how that growth is changing the way we see our world, enact change,…

Course

Cyberlaw Clinic - Spring 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,…

Course

Music and Digital Media: Seminar - Spring 2013

This course explores a variety of legal issues relating to the creation, exploitation, and protection of music and other content. The seminar focuses on traditional legal regimes…

Course

Cyberlaw Clinic - Winter 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,…

Publication
Dec 13, 2012

Interoperability Case Study: Electronic Data Interchange (EDI)

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser Interop: The Promise and Perils of Highly…

Publication
Nov 6, 2012

Open Wireless vs. Licensed Spectrum: Evidence from Market Adoption

The paper reviews evidence from eight wireless markets: mobile broadband; wireless healthcare; smart grid communications; inventory management; access control; mobile payments;…

Publication
Sep 12, 2012

Interoperability Case Study: Mobile Phone Chargers

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser Interop: The Promise and Perils of Highly…

Publication
Aug 16, 2012

Interoperability Case Study: Cloud Computing

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser - Interop: The Promise and Perils of Highly…

Course

Cyberlaw Clinic - Fall 2012

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,…

Publication
Jul 15, 2012

Interoperability Case Study: The Bar Code/UPC

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser Interop: The Promise and Perils of Highly…

Publication
Jul 8, 2012

Interoperability Case Study: The Smart Grid

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser Interop: The Promise and Perils of Highly…

Publication
Jun 5, 2012

Interop: The Promise and Perils of Highly Interconnected Systems

In Interop, technology experts John Palfrey and Urs Gasser explore the immense importance of interoperability—the standardization and integration of technology—and show how this…

Publication
May 31, 2012

Interoperability in Information Systems in the Furtherance of Trade

Urs Gasser and John Palfrey have continued to contribute to the World Trade Institute’s NCCR Trade Policy project with a particular focus on the interoperability as an enabler of…

Publication
May 31, 2012

Fostering Innovation and Trade in the Global Information Society: The Different Facets and Roles of Interoperability

Urs Gasser and John Palfrey have continued to contribute to the World Trade Institute’s NCCR Trade Policy project with a particular focus on the interoperability as an enabler of…

Publication
May 31, 2012

Mapping Cloud Interoperability in the Globalized Economy: Theory and Observation from Practice

Urs Gasser and John Palfrey have continued to contribute to the World Trade Institute’s NCCR Trade Policy project with a particular focus on the interoperability as an enabler of…

Event
May 30, 2012 @ 6:00 PM

Interop: The Promise and Perils of Highly Interconnected Systems

John Palfrey and Urs Gasser

John Palfrey and Urs Gasser discussed their new book on Interoperability book and its themes.

Event
May 29, 2012 @ 12:30 PM

Making large volunteer-driven projects sustainable. Lessons learned from Drupal

Dries Buytaert, original creator and project lead of Drupal

In this talk, Dries shares his experiences on how he grew the Drupal community from just one person to over 800,000 members over the past 10 years.

Event
Apr 23, 2012 @ 9:00 AM

Rethink Music Conference 2012

Rethink Music is a hands-on conference designed to bring music stakeholders together to discuss business models for the future, examine copyright challenges in the digital era,…

Event
Apr 3, 2012 @ 12:30 PM

The Growth and Decay of Shared Knowledge

Dennis Tenen, fellow at the Berkman Center for Internet and Society

In this talk, Dennis will discuss our intuitions about knowledge domains and the methods by which such intuitions could be modeled empirically. Along the way, we will have the…

Publication
Apr 2, 2012

Guide to the IRS Decision-Making Process under Section 501(c)(3) for Journalism and Publishing Non-Profit Organizations

Until and unless there is action in Congress to facilitate tax exemptions for journalism non-profits, news organizations seeking 501(c)(3) status must learn how to structure their…

Publication
Mar 31, 2012

Interoperability Case Study: Internet of Things (IoT)

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser Interop: The Promise and Perils of Highly…

Publication
Mar 1, 2012

Interoperability Case Study: Intermodal Containers and Global Cargo Transport

This case study is part of an ongoing series developed in support of a larger text on interoperability by John Palfrey and Urs Gasser Interop: The Promise and Perils of Highly…

Publication
Feb 23, 2012

Youth and Digital Media: From Credibility to Information Quality

Building upon a process- and context-oriented information quality framework, this paper seeks to map and explore what we know about the ways in which young users of age 18 and…

Event
Feb 21, 2012 @ 12:30 PM

The Promises of Web-based Social Experiments

Jerome Hergueux, Berkman Center Fellow

In this talk, Jerome Hergueux will engage the audience in a discussion about the specificities, limitations and promises of web-based behavioral experiments for advancing social…

Event
Jan 31, 2012 @ 12:30 PM

Designing for Remixing: Computer-supported Social Creativity

Andres Monroy-Hernandez, Berkman Fellow & MIT Media Lab

In this talk Andres Monroy-Hernandez presents a framework for the design and study of an online community of amateur creators. This event will be webcast live at 12:30PM ET.

Event
Nov 22, 2011 @ 12:30 PM

The Spanish Revolution & the Internet: From free culture to meta-politics

Mayo Fuster Morell, Berkman Center Fellow

In the context of multiple crises – ecological, political, financial and geopolitical restructuring – large mobilizations are taking place in several countries. In the Spanish…

Event
Oct 22, 2011 @ 9:00 AM

Media Law in the Digital Age: The Rules Have Changed -- Again

Co-produced by the Citizen Media Law Project at Harvard's Berkman Center for Internet & Society and Kennesaw State's Center for Sustainable Journalism, Media Law in the Digital…

Event
Oct 18, 2011 @ 6:00 PM

The Penguin and the Leviathan: How Cooperation Triumphs over Self-Interest

Yochai Benkler, Berkman Center Faculty Co-Director

In his new book, Yochai Benkler uses evidence from neuroscience, economics, sociology, biology, and real-world examples to break down the myth of self-interest and replace it with…

Event
Oct 11, 2011 @ 12:30 PM

Almost Wikipedia: What Eight Collaborative Encyclopedia Projects Reveal About Mechanisms of Collective Action

Benjamin Mako Hill, Berkman Center & MIT

Benjamin Mako Hill will present some preliminary findings from a qualitative, inductive, case-study based analysis of 8 early projects to create online collaborative encyclopedias.

Event
Sep 22, 2011 @ 9:00 AM

Law School for Digital Journalists

A Pre-Conference of the Online News Association's 2011 Conference

The Online News Association, Harvard’s Berkman Center for Internet & Society, and the UNC Center for Media Law and Policy present Law School for Digital Journalists, part of the…

Publication
Aug 9, 2011

The Penguin and the Leviathan: How Cooperation Triumphs over Self-Interest

Yochai Benkler draws on cutting-edge findings from neuroscience, economics, sociology, evolutionary biology, political science, and a wealth of real world examples to reveal how…

Event
May 16, 2011 @ 9:00 AM

Global Interoperability and Linked Data Workshop

On May 16-17, 2011, the Berkman Center together with Open Knowledge Commons and the Institute for Information Law at the University of Amsterdam convened a group of technical and…

Event
Apr 25, 2011 @ 10:00 AM

Rethink Music Conference

For the Berklee College of Music's Rethink Music conference, the Berkman Center for Internet & Society at Harvard University hosted a Call for Papers seeking policy proposals that…

Publication
Apr 24, 2011

Rethinking Music: A Briefing Book

The Berkman Center for Internet & Society is pleased to present this briefing book to participants in the Rethink Music conference. The book includes the Center’s own framing…

Publication
Mar 20, 2011

Designing Incentives for Inexpert Human Raters

This paper presents the results of an experiment comparing the effects of social, financial, and hybrid incentive schemes on worker performance in an online labor market (Amazon's…

Event
Nov 4, 2010 @ 12:00 PM

The Cablevision Case - 2 Years Later: A Conversation About Copyright, Content, and the Cloud

R. David Hosp, Goodwin Procter LLP & Ed Weiss, New England Sports Ventures

The Berkman Center's Cyberlaw Clinic and Harvard Law School's Journal of Law and Technology present a conversation about 2008's landmark "Cablevision" case, in which the Second…

Publication
Nov 3, 2010

Accountability and Transparency at ICANN: An Independent Review

In August 2010, selected faculty and researchers at the Berkman Center initiated an independent, exploratory study analyzing ICANN’s decision-making processes and communications…

Event
Nov 2, 2010 @ 12:30 PM

The Online Laboratory: Taking Experimental Social Science onto the Internet

Dave Rand, Berkman Fellow & Research Scientist at Harvard's Program for Evolutionary Dynamics

In this talk Dave Rand will describe how to go about designing and running experiments using Mechanical Turk, some successful experiments that have been run (mostly involving…

Event
Sep 25, 2010 @ 9:00 AM

Media Law in the Digital Age: The Rules Have Changed, Have You?

We're pleased to announce that the Citizen Media Law Project at Harvard's Berkman Center and the Center for Sustainable Journalism at Kennesaw State University are co-hosting a…

Event
Sep 21, 2010 @ 12:00 PM

Hacking the Casebook

The H20 Development Team

Traditional law school casebooks are expensive, bulky and stagnant. With the support of the HLS Library, Berkman has been updating our suite of classroom tools, H2O. In this…

Publication
Aug 30, 2010

The Rise of the News Aggregator: Legal Implications and Best Practices

This white paper attempts to answer the question of whether news aggregators violate current law by examining the hot news misappropriation and copyright infringement claims that…

Publication
Jul 29, 2010

Best Practices in the Use of Technology to Facilitate Access to Justice Initiatives

Preliminary Report

The Cyberlaw Clinic undertook this study to help the Massachusetts Trial Court work toward a comprehensive, holistic strategic plan for maximizing technology’s role in the Access…

Publication
Jun 22, 2010

Sexting: Youth Practices and Legal Implications

This document addresses legal and practical issues related to the practice colloquially known as sexting. It was created by Harvard Law School’s Cyberlaw Clinic, based at the…

Publication
Jun 15, 2010

Working Towards a Deeper Understanding of Digital Safety for Children and Young People in Developing Nations

An Exploratory Study by the Berkman Center for Internet & Society at Harvard University, in Collaboration with UNICEF

This paper's main objectives are: to raise awareness about issues related to digital safety for youth in developing nations; to provide a tentative map of these issues and give…

Event
Jun 8, 2010 @ 12:30 PM

Preliminary Conclusions from The Industrial Cooperation Project

Carolina Rossini, Berkman Fellow

Carolina Rossini, Berkman Fellow, will report initial findings and conclusions from the Industrial Cooperation Project...

Publication
Apr 28, 2010

How the COPPA, as Implemented, Is Misinterpreted by the Public: A Research Perspective

Statement to the United States Senate, Subcommittee on Consumer Protection, Product Safety, and Insurance of the Committee on Commerce, Science, and Transportation

Statement by danah boyd, Urs Gasser, and John Palfrey, urging consideration of the gap between the intentions of COPPA and how children and their parents perceive its…

Publication
Apr 27, 2010

A Tale of Two Blogospheres: Discursive Practices on the Left and Right

This paper compares the practices of discursive production and participation among top U.S. political blogs on the left, right, and center during the summer of 2008 and finds…

Publication
Apr 12, 2010

Youth, Privacy and Reputation (Literature Review)

The scope of this literature review is to map out what is currently understood about the intersections of youth, reputation, and privacy online, focusing on youth attitudes and…

Event
Apr 9, 2010 @ 9:00 AM

Symposium: Journalism's Digital Transition: Unique Legal Challenges and Opportunities

The Berkman Center's Citizen Media Law Project and Cyberlaw Clinic are pleased to announce a one-day symposium and CLE program to celebrate the launch of the Online Media Legal…

Event
Apr 5, 2010 @ 12:30 PM

Old Habits Die Hard: Can Technology Change Deception?

Jeff Hancock, Cornell University

In this talk, Jeff will consider some of the myths commonly held about deception, and use the intersection of technology and deception to surface and rethink our assumptions about…

Event
Mar 22, 2010 @ 12:30 PM

Transforming the Last Mile State

How Vermont can leapfrog a technology generation and lead the nation in connectivity, transparency and innovation.

Matt Dunne, former State Senator, Head of Community Affairs for Google and current candidate for Vermont Governor will share his vision for Vermont becoming the first truly 21st…

Event
Mar 8, 2010 @ 12:30 PM

The hierarchy of virtue: mutualism, altruism, and signaling in Martu women’s cooperative hunting

Rebecca Bliege Bird, Stanford University

Rebecca Bliege Bird will discuss the question "Why do Martu women hunt cooperatively when they don't seem to benefit economically from doing so?" and suggests that demonstrating a…

Publication
Feb 24, 2010

Response to FCC Notice of Inquiry 09-94 “Empowering Parents and Protecting Children in an Evolving Media Landscape”

The response synthesizes current research and data on the media practices of youth, focusing on three main areas -- 1) Risky Behaviors and Online Safety, 2) Privacy, Publicity and…

Event
Feb 22, 2010 @ 12:30 PM

Whither Blind Justice? Effects of Physiognomy on Judicial Decisions

Leslie Zebrowitz, Brandeis University

Research shows that peoples’ facial appearance influences impressions of their honesty and judgments of their culpability, effects that have been shown to bias decisions in the…

Publication
Feb 15, 2010

Next Generation Connectivity

A review of broadband Internet transitions and policy from around the world

The FCC announced that the Berkman Center would conduct an independent expert review of existing literature and studies about broadband deployment and usage throughout the world…

Event
Feb 8, 2010 @ 12:30 PM

Signaling Theory and the Evolution of Religion

Richard Sosis, director of the Evolution, Cognition, and Culture Program at the University of Connecticut

Researchers from diverse disciplines have suggested that rituals and other religious behaviors serve as signals of an individual's commitment to a religious group, and some have…

Event
Jan 25, 2010 @ 12:30 PM

Transformed Social Interaction in Virtual Reality

Jeremy Bailenson, founding director of Stanford University's Virtual Human Interaction Lab and an associate professor in the Department of Communication at Stanford

In this talk, Jeremy will describe a series of projects that explore the manners in which avatars (representations of people in virtual environments) qualitatively change the…

Event
Jan 11, 2010 @ 12:30 PM

Brain Bases of Deception: Why We Probably Will Never Have a Perfect Lie Detector

Stephen M. Kosslyn, Dean of Social Science and John Lindsley Professor of Psychology at Harvard University and Associate Psychologist in the Department of Neurology at the Massachusetts General Hospital

Different brain systems are used when one produces lies in different ways, such as by fabricating lies spontaneously "on the fly" versus fabricating them on the basis of a…

Event
Nov 30, 2009 @ 12:30 PM

The Social Efficiency of Fairness

Marshall Van Alstyne, Associate Professor at Boston University and Research Scientist at MIT

Property rights provide incentives to create information but they also provide incentives to hoard it prior to the award of protection. Marshall Van Alstyne will propose a…

Event
Nov 17, 2009 @ 12:30 PM

Kudunomics: Information and Property Rights in the Weightless Economy

Sam Bowles, Santa Fe Institute, Behavioral Sciences Program

Sam Bowles will discuss how an evolutionary model and computer simulations will show how systems of property rights might respond to the challenges of the weightless economy.

Event
Nov 16, 2009 @ 12:30 PM

Big Data, Global Development, and Complex Social Systems

Nathan Eagle, Omidyar Fellow at the Santa Fe Institute

Petabytes of data about human movements, transactions, and communication patterns are continuously being generated by everyday technologies such as mobile phones and credit cards…

Event
Oct 6, 2009 @ 12:30 PM

Cloud Law, Finance 3.0, and Digital Institutions: A Report from the Berkman Center's Law Lab

John Clippinger, Urs Gasser, and Oliver Goodenough

The Berkman Center Law Lab is a project devoted to investigating and harness the varied forces — evolutionary, social, psychological, neurological and economic — that shape the…

Publication
Aug 16, 2009

An Evaluation of Private Foundation Copyright Licensing Policies, Practices and Opportunities

This project undertook to examine the copyright licensing policies and practices of a group of twelve private foundations. In particular, it looked at the extent to which…

Event
Jul 7, 2009 @ 12:30 PM

HIT me baby one more time, Or: How I learned to stop worrying and love Amazon Mechanical Turk

Aaron Shaw, Berkman Center Fellow

Aaron Shaw will discuss who's using Amazon's Mechanical Turk, its implications for social scientists, the future of labor markets, and life on the Internet as we know it.

Event
Jun 9, 2009 @ 12:30 PM

The Second and Third Enclosures

Lewis Hyde, Berkman Fellow

In his lunchtime talk, Lewis Hyde will trace the roots of the second enclosure (it goes back at least to the invention of printing); he will describe traditional forms of…

Event
May 20, 2009 @ 6:00 PM

Harvard-MIT-Yale Cyberscholar Working Group

Aaron Shaw - Polanyi's Penguin? Commons-Based Industry in the Neoliberal Knowledge Economy; Colleen Kaman - The World in the Network; Rasmus Kleis Nielsen - Mundane Tools and…

Event
May 12, 2009 @ 12:30 PM

How Shall the Commons Be Governed? New Challenges Facing the Digital Commons Sector

David Bollier, Author of "Viral Spiral: How the Commoners Built a Digital Republic of Their Own"

David Bollier will discuss the rise of the commons paradigm in the digital environment, the subject of his new book, "Viral Spiral: How the Commoners Built a Digital Republic of…

Event
Apr 22, 2009 @ 12:15 PM

The End of Lawyers? The End of Law Schools?

Professor Richard Susskind, Author of "The End of Lawyers?" and IT Adviser to the Lord Chief Justice of England

Professor Richard Susskind predicts that the legal profession will be driven by two forces in the coming decade: by a market pull towards the commoditization of legal services,…

Event
Apr 13, 2009 @ 12:30 PM

Law for a Flat World: Building Legal Infrastructure for the New Economy

Gillian K Hadfield of USC

Gillian K Hadfield on how and why our legal infrastructure is outdated and ill-suited to the new economy, looking mostly to the non-market or protected-market mechanisms on which…

Publication
Mar 30, 2009

Dynamic remodeling of in-group bias during the 2008 presidential election

People often favor members of their own group, while discriminating against members of other groups. Such in-group favoritism has been shown to play an important role in human…

Event
Feb 25, 2009 @ 12:30 PM

The "Internet" of the developing world: using GSM networks to secure information

Ashifi Gogo, Dartmouth College

Ashifi Gogo will discuss the growing demand for information services on GSM and the innovative services being developed around mobile phones in the developing world.

Event
Feb 3, 2009 @ 12:30 PM

ISTTF: Enhancing Child Safety and Online Technologies

John Palfrey, danah boyd, Dena Sacco, Laura DeBonis

John Palfrey, danah boyd, Dena Sacco, Laura DeBonis, directors of the recently concluded Internet Safety Technical Task Force, discuss the findings and recommendations from the…

Course

Child Exploitation, Pornography, and the Internet: Seminar - Spring 2009

This course addresses the complex legal, technological, and social questions created by the rapidly increasing distribution of both child and adult pornography on the Internet…

Publication
Jan 14, 2009

Enhancing Child Safety and Online Technologies

Final Report of the Internet Safety Technical Task Force to the Multi-State Working Group on Social Networking of State Attorneys General of the United States

The Internet Safety Technical Task Force was created in February 2008 in accordance with the "Joint Statement on Key Principles of Social Networking Safety" announced in January…

Course

Intellectual Property Law: Advanced - Spring 2009

This course is intended for students who are already familiar with the main contours of intellectual property law and would like to explore the subject further.

Dec 12, 2008 @ 6:30 PM

The Commons: Celebrating accomplishments, discerning futures

Jamie Boyle, Lawrence Lessig, Joi Ito, Molly S. Van Houweling, and Jonathan Zittrain

Creative Commons and the Berkman Center for Internet & Society present "The Commons: Celebrating accomplishments, discerning futures" tonight.

Event
Nov 24, 2008 @ 4:00 PM

Participatory Governance: In open source communities, companies and government

Irving Wladawsky-Berger

Irving Wladawsky-Berger is a Visiting Professor of Engineering Systems at MIT, where he is involved in multi-disciplinary research and teaching activities focused on how…

Event
Nov 12, 2008 @ 2:00 PM

The Google-Publishers Copyright Lawsuit Settlement

Join Jeffrey Cunard, one of the lead counsel for McGraw Hill and other publishers in their landmark copyright lawsuit against Google for its Google Library book search project, as…

Event
Oct 9, 2008 @ 7:00 PM

The Uncertain Internet: Core Net Values for the [TBD] Administration

Jonathan Zittrain (Professor, Harvard Law School), Susan Crawford (Professor, University of Michigan Law School), Rich Miner (Mobile Platforms, Google; co-Founder of Android) and Alec Ross (Tech Policy Advisor to Obama)

Now is a critical moment for defining and reinforcing the best features of our communications platforms. What do we value about the internet and what should be the focus of the…

Event
Sep 30, 2008 @ 1:30 PM

Armchair Revolutionary: Crowdsourcing Global Social Change

Ariel Hauter and Ori Neidich

We all want to make the world a better place, but we're discouraged from giving money and volunteer time to charities due to several layers of obstacles: transparency, efficacy,…

Event
Sep 25, 2008 @ 6:30 PM

Giant Robots, Circumvention, and the Digital Millenium Copyright Act

StorageTek v. CHE, a technical talk by Christian Hicks, Elysium Digital

Christian Hicks, founder of Elysium Digital, discussed the case StorageTek v. CHE. This talk was co-sponsored by the Berkman Cyberlaw Clinic, the Harvard Computer Society, and the…

Event
Sep 23, 2008 @ 10:00 AM

Internet Safety Technical Task Force (ISTTF) Open Meeting

The Berkman Center hosted a day and a half-long public meeting of the Internet Safety Technical Task Force.

Course

Practical Lawyering in Cyberspace: Seminar - Fall 2008

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes…

Course

CyberOne: Law in the Court of Public Opinion - Fall 2008

This year's Cyberone will begin with empathic argument and programming from scratch, then segue immediately to projects.

Event
May 6, 2008 @ 1:30 PM

Citizen Media Law Project @ 1

David Ardia, Sam Bayard, Tuna Chatterjee

David Ardia, Sam Bayard, and Tuna Chatterjee of CMLP discussed trends in online publishing and previewed the CMLP database of subpeonas, cease-and-desist letters, and other…

Event
Feb 19, 2008 @ 12:30 PM

The Pros and Cons of an 'Educational Fair Use' Project

Lewis Hyde, Berkman Fellow

Lewis Hyde, Berkman Fellow, spoke on "The Pros and Cons of an 'Educational Fair Use' Project" and how fiar use can be reclaimed as an expressive right.

Event
Nov 16, 2007 @ 12:48 AM

Breaking Down Digital Barriers

John Palfrey and Urs Gasser Present New Research on Interoperability

This joint report followed the Roadmap to Open ICT Ecosystems released in 2005, as it navigates the nuanced territory of consumer, corporate, and governmental interests in the…

Course

Practical Lawyering in Cyberspace: Seminar - Fall 2007

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes…

Event
Apr 17, 2007 @ 12:30 PM

Sacked by Copyright: DMCA Takedowns and Free Expression

Wendy Seltzer, Berkman Fellow

Wendy Seltzer, founder of Chilling Effects, discussed "Sacked by Copyright: DMCA Takedowns and Free Expression."

Event
Mar 8, 2007 @ 1:22 AM

Innovation, Interoperability, and IP

Brad Smith, General Counsel of Microsoft

General Counsel of Microsoft, Brad Smith, discussed ", Interoperability, and IP"

Publication
Jan 31, 2007

Interoperability In the New Digital Identity Infrastructure

This paper maps out multiple dimensions of interoperability in the emerging digital identity management infrastructure, with a view to promoting openness in this infrastructure…

Publication
May 15, 2006

The Wealth of Networks

How Social Production Transforms Markets and Freedom

Book Description, from Amazon: With the radical changes in information production that the Internet has introduced, we stand at an important moment of transition, says Yochai…

Event
Jul 12, 2005 @ 12:30 PM

H2O Playlists Public Beta Release

Berkman H2O Team

Berkman Luncheon Series: 7/12/05 - Berkman H2O team on H2O Playlists Public Beta Release

Publication
Oct 3, 2004

Berkman Briefing: Diebold vs. The Bloggers

When the National Archives needed new vaults to protect the country’s most precious documents – the Declaration of Independence, the Constitution, and the Bill of Rights – it…

Publication
Aug 11, 2004

Berkman Briefing: Averting the Internet Meltdown

The eye-catching conference title, Preventing the Internet Meltdown, brought a number of experts and Internet pioneers to Los Angeles recently to discuss the future of the…

Publication
May 26, 2004

Berkman Briefing: Inside the Courtroom - The Music Industry Takes on the Uploaders

The Berkman Briefing, Inside the Courtroom, gives a firsthand look at Wednesday's hearing in the U.S. District Court of Massachusetts for one of the nearly 3000 lawsuits that the…

Publication
Mar 28, 2004

Berkman Briefing: Interacting at Interactive - Social Networks at SXSW

"Social Networks" was the hot topic at this year's Texas-based Internet conference, SXSW Interactive. The conference brought together leaders and innovators in the field on online…

Publication
Feb 18, 2004

Berkman Briefing: Rip, Mix, and Burn - Lessig's Case for Building a Free Culture

In a low-lit auditorium at Harvard University's Radcliffe Institute for Advanced Study, Stanford Law Professor Lawrence Lessig leaned against the podium and clicked a remote…

Publication
Feb 6, 2004

Berkman Briefing: Free Software, the Gospel

If Eben Moglen's recent address at Harvard could be condensed to bumper-sticker format, it might read: Free Software, It isn't just source code—It’s a way of life. Moglen is a…

Publication
Feb 5, 2004

Berkman Briefing: SCO vs. IBM - Questioning the Kernel

I went to see Darl McBride’s presentation, “Defending Intellectual Property in the Digital Age,” because I wanted to learn more about his company, SCO, and its challenge to open…

Publication
Jan 23, 2004

Berkman Briefing: WSIS – Conference Hype or Lasting Change?

In terms of size alone, the World Summit on the Information Society (WSIS) was a stunning achievement: 11,000 official participants representing 176 nations convened in Geneva for…

Event
Dec 4, 2003 @ 12:30 PM

ICT and Education in Panama

Colin Maclay, Managing Director of the Berkman Center

Berkman Luncheon Series: 12/4/03 - Colin Maclay on ICT and Education in Panama

The Microsoft Case - Fall 1998

Professors Lessig and Zittrain will teach a research seminar on the Microsoft case. The seminar will meet at least once a week, beginning the week of 9/21. It will review the…


Community 171

Harvard Law Bulletin

(Anti)Trust Issues

The Biden administration is cracking down on Big Tech. But will Amazon, Apple,
Google, and Meta go the way of Standard Oil?

The dry spell in antitrust litigation appears to be ending.

Oct 1, 2024
OONI

Russia blocked OONI Explorer, a large open dataset on Internet censorship

Maria Xynou details the latest censorship campaign against OONI Explorer.

Sep 25, 2024
Cyberlaw Clinic

Massachusetts High Court Issues Ruling in Online Racial Profiling Case

The Cyberlaw Clinic welcomes the SJC's holding that the BPD violated the law by refusing to turn over evidence of potential online racial profiling.

Sep 6, 2024

Cyberlaw Clinic Supports Public Interest Patent Law Institute w/Comment to USPTO re: Patents and Artificial Intelligence

The Cyberlaw Clinic aided the Public Interest Patent Law Institute in filing comments stressing the importance of human inventorship and urging the USPTO to remain vigilant about…

Aug 22, 2024
MIT Press

Blockchain Governance

A new book co-authored by Primavera De Filippi analyzes the reciprocal relationship between blockchain communities and politico-legal thought.

Aug 20, 2024
Harvard Law Today

Candy Crushed

Harvard Law digital privacy expert Leah Plunkett says that children’s data safety is just one of many problems with kids’ use of popular apps like TikTok

Leah Plunkett discusses the evolving legal landscape of children's data privacy, including a recent US Department of Justice suit against TikTok.

Aug 12, 2024
Lumen

Takedowns: Olympic Edition

Lumen uncovered evidence of a coordinated and potentially automated fraudulent DMCA takedown campaign targeting articles about a Russian Olympian.

Aug 1, 2024
Bloomberg Law

European AI Act Training Disclosures Expose US Copyright Risks

Ruth Okediji notes that the EU's AI Act codifies value differences between the EU and the US.

Jul 31, 2024
University of Illinois Law Review

Experimentalism in Digital Platform Markets

Antitrust and Utilities' Convergence

Elettra Bietti suggests that antitrust break-ups and regulation do not operate in conflict.

Jul 20, 2024
Oxford University Press

Data Privacy and Competition Law in the Age of Big Data

Unpacking the Interface through Complexity Science

In a newly-published book, Samson Esayas offers concrete policy proposals to address the legal challenges of big data.

Jul 4, 2024
Duke University Press

Indie Porn

Revolution, Regulation, and Resistance

Zahra Stardust's new book is now available for pre-order from Duke University Press.

Jul 4, 2024
Lawfare

Lawfare Daily: Anupam Chander, Kyle Langvhardt, and Alan Rozenshtein on the Supreme Court's Decision in Moody v. NetChoice

Anupam Chander discusses the SCOTUS NetChoice rulings and the ramifications of the opinions.

Jul 3, 2024
Harvard Magazine

Mechanical Intelligence and Counterfeit Humanity

Harry R. Lewis crafts a view of the future of AI and humanity by reflecting on the past six decades of computer advancement.

Jun 27, 2024
Medium

Global AI Regulation: Protecting Rights; Leveraging Collaboration

Policy experts from Africa, Europe, Latin America, and North America outlined next steps for global AI regimes and networked capacity building

BKC Senior Director of Programs and Strategy Lis Sylvan and former BKC Research Assistant Niharika Vattikonda summarize the Global Network of Internet and Society Research Center…

Jun 13, 2024
Tech Policy Press

More Questions Than Flags: Reality Check on DSA’s Trusted Flaggers

Dylan Moses and Elodie Vialle react to the DSA's 100 days.

May 28, 2024
Tech Policy Press

What We're Talking About When We Talk About Rural AI

Jasmine McNealy checks in with Justin Hendrix on her two day workshop touching on topics such as discrimination in algorithmic systems.

May 12, 2024
The New York Times

I Love Facebook. That’s Why I’m Suing Meta.

Ethan Zuckerman explains why he is seeking, with the Knight First Amendment Institute, a court ruling protecting the use of middleware apps that give users more agency over what…

May 5, 2024
Tech Policy Press

What's Next for TikTok, and US Tech Policy

Anupam Chander reacts to the new law that could ban TikTok, underlining the need for greater accountability in the US government's tech regulation.

Apr 28, 2024

Can an online library of classic video games ever be legal?

Kendra Albert testified in front of the Copyright Office over the DMCA and a potential exemption that would apply to video games.

Apr 25, 2024
The Yale Law Journal

ARTificial: Why Copyright Is Not the Right Policy Tool to Deal with Generative AI

Micaela Mantegna argues that copyright law is ill-equipped to deal with generative AI.

Apr 22, 2024
Cyberlaw Clinic Blog

Cyberlaw Clinic Testifies Before Copyright Office in DMCA Hearings

The Cyberlaw Clinic testified before the Copyright Office on exemptions to §1201 of the Digital Millennium Copyright Act, which prohibits the circumvention of certain technical…

Apr 19, 2024
New York Times

‘The People’s Joker’ and the Perils of Playing With a Studio’s Copyright

BKC Director Rebecca Tushnet explains the fair use doctrine of copyright.

Apr 4, 2024
Excited Utterance

152 Rebecca Tushnet, Of Bass Notes and Base Rates

Discussing her paper, Of Bass Notes and Base Rates: Avoiding Mistaken Inferences About Copying, BKC Director Rebecca Tushnet explains evidentiary challenges in copyright…

Apr 1, 2024
Harvard Law Today

ChatNYT

Cyberlaw Clinic Instructor Mason Kortz discusses the legal arguments, possible resolutions, and potential implications of the NYT v. OpenAI lawsuit.

Mar 22, 2024
NatSec Tech

Bulelani Jili on Technology in Africa

BKC Fellow Bulelani Jili explores the role of technology in Africa-China relations.

Mar 20, 2024
SPY

The Bizarre Future of Batman Toys

BKC Director Rebecca Tushnet comments on familiar characters entering the public domain, losing copyright protection.

Mar 12, 2024
Policy Options

Online Harms Act: a step in the right direction to protect Canadians online

Florian Martin-Bariteau evaluates the Online Harms Act, a complex proposal to protect Canadians online.

Mar 8, 2024
CHI '24

Air/time Travel: Rethinking Appropriation in Global HCI and Futures of Electronic Exchange

BKC Affiliate Daniel Mwesigwa and Christopher Csíkszentmíhalyi reexamine appropriation in Human-Computer Interaction.

Feb 29, 2024
The Boston Globe

It’s high noon at the high court for internet free speech. What’s next for social media users?

BKC Director Rebecca Tushnet comments on what First Amendment speech protections look like in online discussions.

Feb 27, 2024

Why Online Free Speech Is Now Up to the Supreme Court

2023-2024 RSM Visiting Scholar Anupam Chander provides insight on the content moderation cases before the Supreme Court this term.

Feb 26, 2024
Harvard Law Today

The legal profession in 2024: AI

BKC Faculty Associate David Wilkins discusses how generative AI may impact the legal practice.

Feb 14, 2024
The Washington Post

Does copyright help artists? Not necessarily, say these writers.

Madhavi Sunder reviews Who Owns This Sentence?, which weaves through the history of copyright and grapples with key current issues.

Feb 14, 2024
The Boston Globe

Social media can harm kids. Can laws protect them?

BKC Faculty Associate Leah Plunkett coments on whether laws geared towards keeping children safe online will be enforceable.

Feb 12, 2024
The Daily Beast

The Fresh Prince of Joseon: How a Crypto Mogul Became a Korean Royal Heir—and Formed a Digital Kingdom

2023-2024 RSM Visiting Scholar​​​​​​​ Anupam Chander comments on the feasibility of creating digital countries.

Feb 3, 2024
Medium

“Where are you” vs “How are you”?

BKC Affiliate Tunde Okunoye contemplates what investment in digital identification projects in Africa may achieve—and who they may benefit.

Jan 31, 2024
The New York Times

The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.

Rebecca Tushnet comments on the Copyright Office's involvement in the determination of where AI fits into intellectual property laws.

Jan 25, 2024
Cyberlaw Clinic Blog

Clinic Represents SPN and LCA in 1201 Rulemaking to Reduce Barriers to Software Preservation

The Cyberlaw Clinic, on behalf of the Software Preservation Network (SPN) and Library Copyright Alliance (LCA), sought to expand existing exemptions to allow for eligible memory…

Jan 8, 2024
kvpr

'Steamboat Willie' is now in the public domain. What does that mean for Mickey Mouse?

Ruth Okediji discusses "Steamboat Willy" and protection of the public domain.

Jan 1, 2024
Business Insider

Big Tech has long avoided responsibility for online content. Generative AI could end that.

Anupam Chander spoke to Business Insider on the potential for generative AI to hold Big Tech responsible for online content. 

Dec 18, 2023
Oxford University Press

Algorithmic Institutionalism

In a new Oxford University Press book, Virgilio Almeida delves into the increasing presence of algorithms in everyday decisions, exploring their social and political impacts…

Dec 18, 2023
Harvard Law Today

On the bookshelves, fall 2023

Faculty Associate Ifeoma Ajunwa's book talk, The Quantified Worker: Law and Technology in the Modern Workplace, was discussed in Harvard Law School's Fall 2023 book event roundup.

Dec 15, 2023
techdirt

Supporting Free Speech Means Supporting Victims Of SLAPP Suits, Even If You Disagree With The Speakers

Cyberlaw Clinical Instructor and Director of IfRFA Kendra Albert leads an amicus brief supporting free speech rights.

Dec 8, 2023
Slate

The Internet Enabled Mass Surveillance. A.I. Will Enable Mass Spying.

BKC Affiliate Bruce Schneier argues that AI is on track to reduce spying's current limiting factor: the need for human labor.

Dec 4, 2023
Above the Law

Harvard Law School Professor Finds ChatGPT Invents Fake Law Less Than The Supreme Court

BKC Faculty Associate Larry Lessig interacts with ChatGPT, finding that it ChatGPT was both more forthright and more analytically astute about the tensions (and worse) in Supreme…

Nov 28, 2023
New Hampshire Public Radio

As NH sues Meta, it also urges social media literacy instruction for kids

BKC Faculty Associate Leah Plunkett discusses the difficulties parents face when raising children in the internet age.

Nov 27, 2023
The Crimson

Fifteen Questions: Jonathan Zittrain on Social Media, AI Litigation, and CompuServe

Faculty Director Jonathan Zittrain discusses AI regulation, moderating online communities, and the Applied Social Media Lab.

Nov 17, 2023
The New Yorker

Holly Herndon’s Infinite Art

BKC Director Rebecca Tushnet comments on the copyright implications of A.I.-generated art.

Nov 13, 2023

Thinking Through Generative AI Harms Among Users on Online Platforms

BKC Faculty Associate Sameer Hinduja offers a deep dive into the sobering potential of generative AI tools to perpetuate online harassment at massive scale.

Nov 9, 2023
Harvard International Law Journal

Intellectual Property and “The Lost Year” of COVID-19 Deaths

Madhavi Sunder and Haochen Sun explain how Intellectual Property protections impacted the COVID-19 pandemic and the development, availability, and distribution of the COVID…

Nov 8, 2023

Who's in Charge in a Kid-Influencer World?

Leah Plunkett is a Faculty Associate at the Berkman Klein Center and an expert in digital privacy law and digital life for kids, teens, and families.

Nov 8, 2023
Cyberlaw Clinic

Cyberlaw and Election Law Clinics File Joint Comment on AI in Campaign Ads

The Harvard Cyberlaw Clinic and the Harvard Election Law Clinic have jointly submitted a response to the Federal Election Commission’s (FEC) request for comments about Artificial…

Nov 8, 2023
The New York Times

Casey Goes to the White House + The Copyright Battle Over Artificial Intelligence + HatGPT

BKC Director Rebecca Tushnet joined the Hard Fork podcast to explain the latest developments in a lawsuit against the creators of AI image-generation tools.

Nov 3, 2023
Medium

Co-Designing Shared Futures

BKC Senior Director of Programs and Strategy Lis Sylvan introduces Co-Designing Generative Futures, a collection of multidisciplinary transnational reflections and speculations…

Nov 2, 2023
Harvard Law Today

What is fair use in the age of AI?

Ruth Okediji moderated a Rappaport Forum on what's at stake with the rise of Artificial Intelligence.

Nov 2, 2023
NBC News

A year after Elon Musk bought Twitter, LGBTQ people say it has become toxic

Cyberlaw Clinical Instructor Alejandra Caraballo comments on how Twitter, now X, has become toxic for LGBTQ people since Elon Musk's takeover of the platform.

Oct 27, 2023
RefugeE Studies Center's Youtube

The use of new technologies in immigration and asylum governance: implications for human rights

BKC Faculty Associate Petra Molnar joins the RefugeE Studies Center to discuss how the use of new technologies in immigration and asylum governance affect human rights. 

Oct 26, 2023
The Verge

Harvard professor Lawrence Lessig on why AI and social media are causing a free speech crisis for the internet

BKC Faculty Associate Larry Lessig speaks with The Verge's Nilay Patel about BKC's new Applied Social Media Lab and why AI and social media are causing a free speech crisis for…

Oct 24, 2023
404 Media

A Trademark Dispute Is Tearing the Tiny Film Photography Community Apart

Rebecca Tushnet explains that tradmark holders often make the argument that they have no choice but to try to enforce its trademark but this argument rarely holds water.

Oct 17, 2023
LPE Project

Towards a Legal Understanding of Social Data

BKC Faculty Associate Salomé Viljoen and collaborator Amanda Parsons, explain why current laws are not well equipped to confront problems generated by the rise of informational…

Oct 9, 2023
The Harvard Gazette

Key issues in writers' case against OpenAI explained

BKC Director Rebecca Tushnet explains key issues in the writers' case against OpenAI and discusses some of the broader legal issues around emerging tech. 

Sep 21, 2023
Marketplace

Why false advertising suits are on the rise in the fast-food industry

BKC Director Rebecca Tushnet explains the harms of false advertising and the need for remedies. 

Sep 20, 2023
UN Human Rights Office

Digital Border Governance: a Human Righst Based Approach

With the United Nations Human Rights Office, Lorna McGregor and Petra Molnar launched a study advocating for a human-rights based approach to digital border technologies. 

Sep 18, 2023
LSE

Social Media, Youth, and New Legislation: The Most Critical Components

BKC Faculty Associate Sameer Hinduja discusses the challenge of regulating social media platforms to protect young people.

Sep 14, 2023
Prospect Magazine

What happens when AI trains itself?

BKC Faculty Associate Ethan Zuckerman describes roadblocks to AI's continued training and learning. 

Sep 6, 2023
Mother Jones

How Dating Became a Paradise for Predators

BKC Faculty Associate Leah Plunkett comments on the relationship between social media platforms and the harms that may occur on them.

Sep 1, 2023
The Markup

Pyramid Schemes Are Illegal. MLMs Are Not. What About the Tech That Powers Them?

BKC Director Rebecca Tushnet comments on accountability for software companies servicing multi-level marketing companies accused of being pyramid schemes. “Regulators take the…

Aug 24, 2023
Journal of Legal Analysis

Algorithmic Harm in Consumer Markets

BKC Faculty Associate Oren Bar-Gill and co-director of Artificial Intelligence and Law Project Cass R. Sunstein, co-write with Inbal Talgam-Cohen on addressing the potential harms…

Aug 21, 2023
IEEE

A Categorization of Decentralized Autonomous Organizations: The Case of the Aragon Platform

Andrea Peña-Calvin, Jorge Saldivar, Javier Arroyo, and Samer Hassan provide insights on decentralized autonomous organizations (DAOs).

Aug 14, 2023
The Crimson

Harvard Law School and Berkman Klein Center Announce New AI and the Law Initiative

Harvard Law School and BKC announce a new initiative on AI and the law which will be directed by Harvard Law Professors Oren Bar-Gill and Cass R. Sunstein.

Jul 26, 2023
Prospect Magazine

Want to stop harmful tech? Just say no

BKC Faculty Associate Ethan Zuckerman calls upon people to consider how technology is currently harming some groups and ways to end that harm. 

Jul 19, 2023
Slate

A.I. Microdirectives Could Soon Be Used for Law Enforcement

BKC Affiliate Bruce Schneier writes about the use of AI systems that is harming the most vulnerable society. 

Jul 17, 2023
The New York Times

The Future of Online Speech Shouldn’t Belong to One Trump-Appointed Judge in Louisiana

BKC Rebooting Social Media Visiting Scholar Kate Klonick writes about a federal court ruling that restricted the Biden administration’s communications with social media platforms.

Jul 13, 2023
Lawfare

How Tech Regulation Can Leverage Product Experimentation Results

BKC Affiliate Nathaniel Lubin writes about how tech regulation could benefit from using the data from companies' private experimentation results.

Jul 11, 2023
The Seattle TImes

Why FTC’s child privacy push costs Seattle’s biggest employers millions

BKC Faculty Associate Leah Plunkett comments on children's privacy rights.

Jul 2, 2023
Temple Law Review

Datafication, Identity, and the Reorganization of the Category Individual

BKC Affiliate Juan Ortiz Freuler proposes a framework for understanding how current technological developments are putting pressure on our existing conceptions of the individual…

Jul 1, 2023
The Conversation

Generative AI is a minefield for copyright law

BKC Assistant Director of the Cyberlaw Clinic Jessica Fjeld writes about the challenges that arise in the realm of copyright law due to the increased use of generative AI. 

Jun 15, 2023
Rolling Stone

The Feds Are Coming for Crypto. Can It Survive?

BKC Affiliate Molly White writes about lawsuits filed by the Securities and Exchange Commission against two of the world's largest cryptocurrency exchanges.

Jun 10, 2023
Yale Information Society Project

Imagine A Community: Obscenity’s History and Moderating Speech Online

Clinical instructor at the Cyberlaw Clinic and director of the Initiative for a Representative First Amendment Kendra Albert writes about the history of obscenity’s community…

Jun 1, 2023
Slate

Big Tech Isn’t Prepared for A.I.’s Next Chapter

BKC Affiliate Bruce Schneier writes about the open-source future of generative AI.

May 30, 2023
IEEE Spectrum

This Harvard Law Professor is an Expert on Digital Technology

The career of Jonathan Zittrain is profiled by IEEE Spectrum.

Apr 21, 2023
Electronic Frontier Foundation

Podcast Episode: Safer Sex Work Makes a Safer Internet

Clinical instructor at the Cyberlaw Clinic Kendra Albert discusses how an internet that is safe for sex workers is an internet that is safer for everyone.

Apr 18, 2023
WIRED

AI Desperately Needs Global Oversight

BKC Responsible AI Fellow Rumman Chowdhury advocates for global oversight of AI. 

Apr 11, 2023
Think Tank European Parliament

Social media platforms and challenges for democracy, rule of law and fundamental rights

BKC Faculty Associate Beatriz Botero Arcila and collaborator Rachel Griffin release a study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and…

Apr 3, 2023
The New York Times

What’s the Future for A.I.?

BKC Affiliate Aviv Ovadya comments on the need for cross-cutting, international regulation of AI.

Mar 31, 2023
Marketplace

GPT-4 needs more robust testing, “red team” member says

BKC Affiliate Aviv Ovadya speaks about the need for more robust testing for GPT-4. 

Mar 29, 2023
NBC News

Grindr sends Egypt users a warning after alleged entrapments and arrests

BKC Affiliate Afsaneh Rigot comments on the arrests of LGBTQ+ people in Egypt.

Mar 23, 2023
Roll Call

Supreme Court to hear case on ‘Bad Spaniels’ v. Jack Daniel’s

Rebecca Tushnet discusses the Rogers test as a standard for trademark infringement which is implicated in a current Supreme Court case involving a dog toy company spoofing Jack…

Mar 21, 2023
MIT Technology Review

How AI could write our laws

BKC Affiliates Nathan Sanders and Bruce Schneier write about the potential influence of ChatGPT and generative AI on lobbying.

Mar 14, 2023
Berkman Klein Center

Towards Responsible Quantum Technology

Urs Gasser contributed to a paper urging technologists to proceed and innovate responsibly. 

Mar 11, 2023
Harvard Law Review Blog

The Amendment the Court Forgot in Twitter v. Taamneh

Evelyn Douek writes with Genevieve Lakier about the free speech ramifications of Twitter v Taamneh...

Mar 1, 2023
Tech Policy Press

TikTok's API Guidelines Are a Minefield for Researchers

BKC Affiliate Joe Bak-Coleman writes about TikTok’s new API designed to provide data access to qualified researchers.

Feb 22, 2023
Computer Weekly

New Border Force unit to deploy more surveillance tech in Channel

"Instead of investing in costly technologies, governments could be using this money to strengthen access to justice, services and psycho-social support for people who are…

Feb 9, 2023
Data & Society

Amazon's Trickle-Down Monopoly

BKC Faculty Associate Moira Weigel writes about third-party sellers and the critical role they play in lending Amazon monopolistic power.

Jan 25, 2023
Buzzfeed News

Meet The Three Artists Behind A Landmark Lawsuit Against AI Art Generators

Jessica Fjeld is quoted discussing the viability of lawsuits involving generative AI alleged to infringe upon artists' copyright claims. "It’s a little hard to predict how…

Jan 20, 2023
Petra Molnar

Technologies of Violence at the World's Sharpest Edges

BKC Faculty Associate Petra Molnar writes about new technologies of border management. “But when we really drill down, none of these conversations are just about technology. We…

Jan 5, 2023
Inside INdiana Business

IU Kelley prof: More TikTok suits likely

BKC Faculty Associate Abbey Stemler was interviewed about TikTok’s legal liability for failing to protect children from inappropriate content.

Jan 4, 2023
Politico

Why the ‘Twitter Files’ Are Falling Flat

Joan Donovan writes about the Twitter Files and Elon Musk’s failing attempts to shape the media’s narrative. “In fact, what the “Twitter Files” reveal is what we already knew…

Dec 15, 2022
The Hill

Musk boosts Twitter’s right-wing appeal with moderation changes, ‘Twitter Files’

David Weinberger discusses the shift in Twitter’s appeal to the right following Musk’s takeover. “It’s easy to understand why the right is overall so happy with what Musk has…

Dec 8, 2022
Texas Law Review

Self-Regulating Platforms and Anti-Trust Justice

BKC Affiliate Elettra Bietti explores the distinctions and assumptions around platforms' functioning in markets. 

Dec 8, 2022
Scientific American

Twitter Is Not Rocket Science—It’s Harder

RSM Assembly Fellow Joe Bak-Coleman writes about the challenges of managing human behavior, especially as applied to Twitter.  “On a social network, interactions between…

Nov 21, 2022
TIME

Elon Musk Has Inherited Twitter’s India Problem

BKC Faculty Associate Evelyn Douek discusses Twitter's content moderation practices in different areas of the world.  Musk has called himself a “free speech absolutist,”…

Nov 11, 2022
IGN

Stuck in the Mud: How a Tiny, Beloved Driving Game Sparked a Bizarre, Decade-Long Feud

Micaela Mantegna spoke to IGN about the Spintire controversy. "Given how confounding this entire investigation has been, I spoke with video game lawyer and Berkman Klein Center…

Oct 27, 2022
Ars Technica

Rights holders got Google to remove 6 billion links from Search over 10 years

Lumen project manager Adam Holland and Rebecca Tushnet spoke about Google’s efforts to take down links considered pirated. “Google's partner in tracking all of its takedown…

Oct 4, 2022
STAT

Threats prompt hospitals to strip websites of info on gender-affirming care

Cyberlaw clinic’s Alejandra Caraballo discusses how children’s hospitals are taking down websites as a result of harassment and threats. Removing too much information comes…

Oct 3, 2022
WBUR

How a Texas law could impact First Amendment rights and content moderation online

BKC Harvard affiliate Julie Owono discusses online content moderation. "Is it okay in a modern democratic society to leave two private companies the decision on what we can say…

Sep 30, 2022
Bloomberg Law

First Amendment Hurdle Looms for California’s Social Media Law

Rebecca Tushnet discusses the potential challenges to California’s new social media law under the First Amendment.  “Knowing how many reports they got and whether or when…

Sep 16, 2022
Marketplace

Why the First Amendment also protects code

“The First Amendment serves as a check on government intervention into our public expression through, for example, spoken or visually signed speech, writing, protesting and coding…

Sep 14, 2022
University of Pennsylvania Law Review

Unfair Artificial Intelligence: How FTC Intervention Can Overcome the Limitations of Discrimination Law

BKC Faculty Associate Solon Barocas writes about the Federal Trade Commission's intent to regulate discriminatory AI products and services. 

Aug 9, 2022
The Washington Post

GOP reacts to Trump search with threats and comparisons to ‘Gestapo’

Susan Benesch, faculty associate at the Berkman Klein Center for Internet & Society at Harvard University, said when it comes to “dangerous speech ... what matters most is how…

Aug 9, 2022
CoinDesk

As Interest Rates Rise, a Silent Vampire Attack on Crypto

BKC affiliate Patrick Murck writes about the “silent vampire attack” crypto is facing as interest rates rise. “In a bull market, it was perhaps easy for crypto firms to…

Aug 8, 2022
NPR

The Netflix v. 'Unofficial Bridgerton Musical' lawsuit, explained

Rebecca Tushnet comments on a lawsuit filed by Netflix against The Unofficial Bridgerton Musical based on the popular Netflix show.

Aug 4, 2022
protocol

What’s in a name? If the name is Meta, a lawsuit.

Rebecca Tushnet discusses a lawsuit over Facebook’s name change to Meta with a competing company staking out its claim to the same name.

Aug 3, 2022
University of Florida Journal of Law & Public Policy

Bomb Body Politics: On the TSA's Algorithmic Policing of Gender

"Long before FAccT or ProPublica’s COMPAS reporting or Andrew Ferguson's book, the Department of Homeland Security was using sexist, racist algorithms to determine who to subject…

Jul 27, 2022
Medium

4 Ways the New EU Digital Acts Fall Short and How to Remedy It

BKC associates delve into the shortcomings of EU’s legislation addressing digital giants. “The gaps we see in these new regulations are less matters of language than a…

Jul 5, 2022
The New Republic

Public Defenders Are About to Be on the Front Lines for Protecting Abortion Rights

Alejandra Caraballo provides an overview on how surveillance technology can impact prosecutions in the Post-Roe era. People are rightly already asking, What would happen to me…

May 16, 2022
Policy and Society

Blockchain-based application at a governmental level: disruption or illusion? The case of Estonia

BKC Faculty Associate Samer Hassan writes about the Estonian government’s applications of blockchain technology.

Apr 12, 2022
Time

The Bitcoin Mining Showdown In New York’s Wine Country

Elizabeth Renieris shares about cryptocurrency's climate impact.

Apr 7, 2022
McKinsey

In the Balance: Q&A with Janis Wong, PhD researcher in computer science, the University of St Andrews

Janis Wong, who recently completed a research sprint hosted by the Berkman Klein Center, speaks with McKinsey’s Stephanie Spangler about data governance “In our work, we refer…

Apr 5, 2022
Bloomberg Law

From Harvard to Berkeley, Clinics Train Next-Gen Tech Lawyers

Kendra Albert and Christopher Bavitz share how the Cyberlaw Clinic prepares students to address the biggest issues in cyberspace.

Aug 25, 2021
The Lawfare Podcast

The Lawfare Podcast: Facebook Shuts Down Research On Itself

evelyn douek talks with Quinta Jurecic and Alex Abdo about the legal fight between researchers and Facebook about collecting data on Facebook ads.  Listen to the…

Aug 19, 2021
Inquest

The Feature is the Bug

Colin Doyle explains how algorithms can expose flaws in criminal laws and the harms that they can produce.

Aug 9, 2021
Cyberlaw Clinic

How to Read a Docket

Mason Kortz and Kendra Albert explain how to read a court docket in a free guide

Jul 29, 2021
Minnesota Law Review

Understanding Chilling Effects

Jon Penney outlines a new framework for understanding "chilling effects" on speech.

Jun 7, 2021
The Washington Post

Activision, an indie developer and the battle over the ‘Warzone’ name

Kendra Albert explains lawsuit over “Warzone” video game trademark

Jun 4, 2021
Harvard Gazette

Taking the crypto out of digital currency

A Q&A with Primavera De Filippi

Jun 2, 2021
The Markup

Ads Are Impersonating Government Websites in Google Results, Despite Ban

Rebecca Tushnet discusses advertising law with The Markup

May 13, 2021
Protocol

The software industry dodges an API tax in Oracle decision

Kendra Albert weighs in on Supreme Court's fair-use decision

Apr 5, 2021
Lawfare

Jonathan Zittrain on the Great Deplatforming

Jonathan Zittrain joins the Lawfare Podcast

Jan 14, 2021
Just Security

Impeachment Defense, the Constitution, and Bill of Rights

Jonathan Zittrain pens an op-ed about impeachment and the First Amendment.

Jan 13, 2021
CNBC

Trump social media ban will feature in future antitrust hearings

Jasmine McNealy discusses policy issues likely to appear on a Democratic-controlled agenda.

Jan 13, 2021
Harvard Law Today

Blocking the president

Harvard Law experts Yochai Benkler and evelyn douek weigh in on the suspension of President Trump’s social media accounts

Jan 13, 2021
BKC Medium Collection

Movement Lawyering for Alternative Futures

Five community members speak about their vexed relationships to the law

Jan 4, 2021
Just Security

SolarWinds as a Constitutive Moment: A New Agenda for the International Law of Intelligence

Asaf Lubin calls the SolarWinds Hack a "constitutive moment" in Just Security

Dec 23, 2020
Oxford Business Law Blog

A Duty of Loyalty for Privacy Law

Scholars propose a "no conflict" rule for tech companies as a way to mitigate self-dealing behavior

Oct 28, 2020
Galley by Columbia Journalism Review

Elettra Bietti talks antitrust with Galley by CJR

BKC affiliate joins Mathew Ingram in conversation

Oct 22, 2020
Digital Privacy News

Despite Concessions, Experts Warn $2.1B Google-Fitbit Deal Risks Privacy, Competition

Elettra Bietti speaks with Digital Privacy News

Oct 19, 2020
Yahoo Finance

Google-Oracle $9 billion feud faces new uncertainty after Ginsburg's death

Barbara Lauriat discusses Google v. Oracle with Yahoo Finance

Sep 21, 2020
BKC Medium Collection

Urs Gasser on two new books — and what’s ahead

Urs Gasser discusses his new guide on “connected parenting” and an essay series on the role of law during a pandemic

Urs Gasser discusses his new guide on “connected parenting” and an essay series on the role of law during a pandemic

Sep 17, 2020
BKC Medium Collection

International Human Rights Law Is Not Enough to Fix Content Moderation’s Legitimacy Crisis

Should tech companies follow human rights law to govern online speech?

Sep 16, 2020
Harvard Law Today

The law is ‘tested and illuminated during this pandemic’

Martha Minow, Urs Gasser, and Jonathan Zittrain participate in colloquium on governmental powers during a pandemic

Sep 16, 2020
Lawfare

Four Obstacles to Local Surveillance Ordinances

Why local ordinances against police surveillance fail in some cities but not others

Sep 4, 2020
The Boston Globe

Getting the First Amendment wrong

Woodrow Hartzog and Neil Richards argue that Clearview AI is wrongfully trying to use the First Amendment to ensure a freedom to surveil at will.

Sep 4, 2020
Digital Privacy News

UK Court Spurns Police in First Legal Test of Face Recognition

Nani Jansen Reventlow comments on legal challenge to the use of facial recognition

Aug 20, 2020
Quartz

Hong Kong’s mass arrests are giving police crucial intelligence: people’s phones

Nathan Kaiser on the use of search warrants to search phones

May 6, 2020
Legal Tech News

Supreme Court Justices Debate Generic .Com Trademark Registration

Amicus brief from Rebecca Tushnet cited by Supreme Court Justices

May 4, 2020
Netzpolitik

A German company is responsible for the deletion of videos critical of the Albanian government

Searches in the Lumen database reveal the complexities around the rules that platforms follow when they agree to the removal of content

Mar 19, 2020
Medium

We need privacy and data laws to tackle this global pandemic

Governments are increasingly using digital technologies and big data analytics to address the Covid-19 pandemic. At this stage of the pandemic, these technologies may not deliver…

Mar 18, 2020
News

From clinical student to clinical instructor

Kendra Albert shares their Cyberlaw Clinic story

Kendra Albert shares their Cyberlaw Clinic story

Feb 25, 2020
BBC World Service

Ethiopia’s new law banning online hate speech

Julie Owono explains the concern over the law

Feb 25, 2020
Cornell Chronicle

Ajunwa to Congress: Help stop employers’ AI-fueled bias

Ifeoma Ajunwa testifies in front of the U.S. House of Representatives Committee on Education and Labor

Feb 11, 2020
BU Today

How Campaigns Can Counter Deepfakes

Danielle Citron devised an eight-point plan for political campaigns to protect against fabricated video and audio

Feb 10, 2020
Wired UK

Here's why the UK is (finally) dumping Article 13 for good

The UK had plenty of opportunities to veto the controversial EU copyright legislation, so why did it wait so long to torpedo Article 13?

Jan 28, 2020
Harvard Law Today

Healthcare general counsels explore pressing health policy and legal issues at Harvard Law School

Christopher Bavitz joined General Counsels from some of America’s health care institutions to explore pressing health policy facing companies today.

Dec 11, 2019
CoinDesk

Regulate Stablecoins – Don’t Squash Them

Regulators should “offer a path for stablecoins to exist…under regulatory environments.”

Oct 23, 2019
Harvard Law Today

Innovation, Justice and Globalization

From patent law to the challenges facing the digital commons, leading academics and policymakers from around the world discussed intellectual property issues at Harvard Law School…

Oct 17, 2019
ABA Journal

European Union high court sends new signals on reach of internet regulation

Can an EU member state’s court can order an internet company to take down or de-list information online?

Oct 10, 2019
The New York Times

Even Trump Can’t Turn Down a Nickelback Joke (but Twitter Did)

Lumen shows why Twitter took down a video posted by President Trump

Oct 3, 2019
Digital Freedom Fund

Promoting international collaboration among digital rights scholars, teachers, advocates, and activists

A recap of the “Connecting the Digital Rights Field with Academia” workshop

Jul 9, 2019
ECT News Network

Proposed Law Would Force Big Tech to Reveal Value of Consumer Data

U.S. Senate bill would require companies to report to financial regulators and to the public what consumer data they collect and how they leverage it for profit

Jun 25, 2019
Digiday

Chrome’s privacy changes are a humbling reminder for subscription publishers

A software update to Chrome will make websites unable to detect whether visitors are browsing the web in “incognito mode”

Jun 25, 2019
Harvard Law Today

Are Americans Getting Enough Fiber?

The U.S. is falling behind in fiber optic technology, but cities and localities are leading the way

Jun 22, 2019
The Wall Street Journal

How 13 Became the Internet’s Age of Adulthood

The inside story of COPPA, a law from the early days of e-commerce that is shaping a generation and creating a parental minefield

Jun 18, 2019
The Fashion

Amid a Flurry of "Cultural Appropriation" Claims Aimed at Carolina Herrera, What is Going on (Legally)?

Research from BKC Faculty Co-Director William Fisher lends insight into the complaint

Jun 13, 2019
The Exchange

The Challenges and Nuance of Crypto Regulation

The present and future regulation of cryptocurrency

Apr 8, 2019
SSRN

The Paradox of Automation as Anti-Bias Intervention

In some instances, automated decision-making has served to replicate and amplify bias.

Apr 7, 2019
Library Innovation Lab

Launching CAP Search

The Library Innovation Lab launches a new interface to search data made available as part of the Caselaw Access Project

Apr 2, 2019
Wired

Machines Shouldn’t Have to Spy On Us to Learn

How do we expand the benefits of machine learning, while protecting privacy?

Mar 25, 2019
Tool

Learn about Patents with Stories and Pandas

A new resource for everyday inventors explaining how the patent system works... through pandas!

Dec 17, 2018
News

Harvard Law Just Released 6.5 Million Court Decisions Online

40 million pages of U.S. court decisions made available free and in-full online for the first time

Oct 29, 2018
Video

AI Threats to Civil Liberties and Democracy

Chinmayi Arun of the Centre for Communication Governance at National Law University, Delhi

Chinmayi Arun discusses the challenges unchecked AI development could pose to civil liberties in Asia.

Jan 11, 2017

Projects, Programs, and Tools 38

Artificial Intelligence and the Law

This initiative focuses on new challenges and opportunities for the law created by the rise of AI.

CopyrightX

CopyrightX is a twelve-week networked course offered under the auspices of Harvard Law School, the HarvardX distance-learning initiative, and the Berkman Klein Center.

Cyberlaw Clinic

Harvard Law School's Cyberlaw Clinic provides high-quality, pro-bono legal services to clients on issues relating to the Internet, new technology, and intellectual property.

Internet Robustness

The Internet Robustness project is developing, testing, and piloting software and protocols to safeguard the promise of the URL: that information placed online can remain there.

Lumen

Lumen collects and studies online content removal requests, providing transparency and supporting research and analysis of the Web's notice and takedown ecosystem, in terms of who…

Past

AGTech Forum

The AGTech Forum provides opportunities for collaborative engagement among state attorneys general, technology companies, academics, and other stakeholders about innovation,…

Past

Berkman Briefings

Berkman Briefings is a reading series sponsored by the Berkman Center that provides background information about major questions related to Internet policy, technology, and law.

Past

Berkman Online Lecture and Discussion (BOLD) Series

We offer computer-mediated seminars through our interactive Berkman Online Lecture and Discussion (BOLD) series. Topics have included intellectual property and privacy on the…

Course

Child Exploitation, Pornography, and the Internet: Seminar - Spring 2009

This course addresses the complex legal, technological, and social questions created by the rapidly increasing distribution of both child and adult pornography on the Internet…

Past

Cloud Computing

Led by Executive Director and Harvard Law School Professor of Practice, Urs Gasser, the Berkman Center's cloud computing initiative seeks to identify and evaluate the challenges…

Past

Cooperation

The Cooperation Group is an interdisciplinary community of scholars studying networked cooperation. Our current activities include a series of empirical research projects on…

Course

CyberOne: Law in the Court of Public Opinion - Fall 2008

This year's Cyberone will begin with empathic argument and programming from scratch, then segue immediately to projects.

Course

Cyberlaw Clinic - Fall 2012

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,…

Course

Cyberlaw Clinic - Fall 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world client counseling, licensing and…

Course

Cyberlaw Clinic - Spring 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,…

Course

Cyberlaw Clinic - Winter 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,…

Digital Finance Initiative

A multitude of technical, legal, policy, and economic issues around digital currencies and blockchain technologies have emerged in recent years.

Past

Digital Health @ Harvard

The Digital Health @ Harvard collaboration brings together an interdisciplinary community of scholars, researchers, practitioners, and others at Harvard who have an interest and…

Digital Media Law Project

Founded in 2007 as the "Citizen Media Law Project," the Digital Media Law Project (DMLP) works to ensure that individuals and organizations involved in online journalism and…

Past

Freedom To Teach: Claiming Educational Fair Use

"FREEDOM TO TEACH": The Berkman Center at Harvard University is considering a project that we hope will culminate in the widespread circulation of a Statement of Best Practices…

Past

H2O

H2O is a Web-based platform for creating, editing, organizing, consuming, and sharing course materials.

Past

Input to ICANN Accountability and Transparency Review Process

The Berkman Center conducted an independent, exploratory study analyzing ICANN’s decision-making processes and communications with stakeholders.

Course

Intellectual Property Law: Advanced - Spring 2009

This course is intended for students who are already familiar with the main contours of intellectual property law and would like to explore the subject further.

Past

Internet Safety Technical Task Force

The Internet Safety Technical Task Force (ISTTF) is a group of Internet businesses, non-profit organizations, academics, and technology companies that have joined together to…

Past

Interoperability

In early June 2012, Urs Gasser and John Palfrey released Interoperability: The Promise and Perils of Highly Interconnected Systems. The book is inspired by their 2005 study and…

Past

Law Lab

The Law Lab is a multidisciplinary research initiative and collaborative network of University, nonprofit and industry partners. Its mission is to investigate and harness the…

Course

Music and Digital Media: Seminar - Spring 2013

This course explores a variety of legal issues relating to the creation, exploitation, and protection of music and other content. The seminar focuses on traditional legal regimes…

Past

Net Dialogue

The Net Dialogue project strives to encourage greater public access to Net-related rulemaking by intergovernmental organizations, and to engage technologists and policymakers in…

Past

Open ePolicy Group

We formed the Open ePolicy Group in February 2005 with members from every region of the world to share insights from governments, companies and organizations at the forefront of…

Openlaw

[Berkman Project 2001-2002] Openlaw is an experiment in crafting legal argument in an open forum.

Course

Practical Lawyering in Cyberspace: Seminar - Fall 2007

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes…

Course

Practical Lawyering in Cyberspace: Seminar - Fall 2008

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes…

Past

Publius Project

The Publius project is a collection of essays and conversations about constitutional moments on the Net.

Past

Rethink Music

The Berkman Center works in collaboration with Berklee College of Music on a variety of initiatives under the Rethink Music banner, examining the law, policy, and business…

Past

The Judicial Gatekeeping Project

The seminar's focus is on the "gate-keeping" role of judges. Ever since the United States Supreme Court’s decision in Daubert v. Richardson Merrill-Dow in 1993, questions have…

The Microsoft Case - Fall 1998

Professors Lessig and Zittrain will teach a research seminar on the Microsoft case. The seminar will meet at least once a week, beginning the week of 9/21. It will review the…

Past

eInnovation and ICT Interoperability

This project aims to achieve a better understanding of interoperability—that is, the ability of entities such as software, devices, or components to exchange information—in the…

Past

eLangdell : The Legal Ed Commons

eLangdell enables law professors to share valuable teaching resources across a nationwide digital commons.


People 139

Marshall Van Alstyne

Visting Scholar

Ifeoma Ajunwa

Faculty Associate

Amar Ashar

Affiliate

Margo Bagley

Faculty Associate

Pablo Baquero

Faculty Associate

Susan Benesch

Faculty Associate

Mike Bennett

Affiliate

Francine Berman

Faculty Associate

Fernando Bermejo

Faculty Associate

Elettra Bietti

Faculty Associate

Lauren Emily Bridges

Faculty Associate

Ryan Budish

Affiliate

Sasha Costanza-Chock

Faculty Associate

NICK COULDRY

Faculty Associate

Nighat Dad

Affiliate

Primavera De Filippi

Faculty Associate

Tomás Dodds

Faculty Associate

Judith Donath

Faculty Associate

Evelyn Douek

Affiliate

Ben Eidelson

Faculty Associate

Niva Elkin-Koren

Faculty Associate

Samson Esayas

Faculty Associate

Robert Faris

Affiliate

Mailyn Fidler

Faculty Associate

Diana Freed

Faculty Associate

Mayo Fuster Morell

Faculty Associate

Urs Gasser

Director

Eric Gilbert

Visting Scholar

Ben Green

Faculty Associate

Woodrow Hartzog

Faculty Associate

Samer Hassan

Faculty Associate

Benjamin Mako Hill

Faculty Associate

Sameer Hinduja

Faculty Associate

Sanjay Jolly

Affiliate

Margot Kaminski

Faculty Associate

Mek Karpeles

Affiliate

Danil Kerimi

Affiliate

Vasilis Kostakis

Faculty Associate

VIvek Krishnamurthy

Faculty Associate

Larry Lessig

Faculty Associate

Harry Lewis

Faculty Associate

Ava Liu

Fellow

Asaf Lubin

Faculty Associate

Colin Maclay

Faculty Associate

Faith Majekolagbe

Faculty Associate

Florian Martin-Bariteau

Faculty Associate

Jasmine McNealy

Faculty Associate

Ryan Merkley

Affiliate

Peter Micek

Affiliate

Petra Molnar

Faculty Associate

Dylan Moses

Affiliate

Adam Nagy

Affiliate

Aileen Nielsen

Faculty Associate

June Okal

Affiliate

Ngozi Okidegbe

Faculty Associate

David Opderbeck

Faculty Associate

Julie Owono

Affiliate

Desmond Patton

Faculty Associate

Jon Penney

Faculty Associate

Najarian Peters

Faculty Associate

Leah Plunkett

Faculty Associate

Felix Reda

Affiliate

Ben Reis

Faculty Associate

Nagla Rizk

Faculty Associate

Claudio Ruiz

Affiliate

Roslyn Satchel

Faculty Associate

Bruce Schneier

Faculty Associate

Andrew Selbst

Faculty Associate

Abbey Stemler

Faculty Associate

Peter Suber

Affiliate

Cass Sunstein

Faculty Associate

Zeynep Tufekci

Faculty Associate

Rory Van Loo

Faculty Associate

Salomé Viljoen

Faculty Associate

Kerstin Vokinger

Faculty Associate

Sandra Wachter

Faculty Associate

j. Siguru Wahutu

Faculty Associate

Anne Washington

Faculty Associate

Christo Wilson

Faculty Associate

Barry Yang

Affiliate

Crystal Yang

Faculty Associate

Tom Zick

Affiliate

Ethan Zuckerman

Faculty Associate