Harvard Law School Berkman Center for Internet & Society The Berkman Center for Internet & Society at Harvard Law School

Internet Law Program Casebook

Foundation Press will publish a case book based on the Berkman Center's Internet Law Program. We will also be providing an online component to the book.

From the Foundation Press catalog:
This casebook explores Internet Law as a coherent if organic whole--integrating the historical sweep of the global Internet's development with both the opportunities and problems it has brought about. The book is broad and thorough enough to be the primary or sole text for a variety of Internet-related courses, while deep enough to bring students through the important nuances of such doctrinal topics as copyright, privacy and jurisdiction without assuming any particular prior exposure to these subfields.

This innovative casebook will resemble a traditional casebook in the sense that it will contain a variety of primary and secondary materials pertaining to specific topics in Internet Law, knit together by introductory and explanatory text, supplemented by discussion problems and questions. However, it will differ from the typical casebook in the following respects:

  1. It will rely less than usual on appellate decisions. The reduction in the number of cases will make room for more statutes, administrative rulings, statements of agency policy, guidelines developed by consortia of private parties, etc. In addition, the book will contain unusually heavy doses on non-legal materials. Underlying this aspect of the book is the authors' belief that law is only one of several mechanisms that are shaping the structure of the Internet and the character of the material that flows through it.

  2. The book will contain many links to online material (housed on the servers of the Harvard Berkman Center for Internet & Society). That material will include:
    1. The full texts of the documents that are excerpted in the casebook.
    2. Summaries of doctrines with which students must be familiar in order to fully understand Internet Law (e.g., Copyright Law, First Amendment Law, Telecommunications Law, Personal Jurisdiction).
    3. Frequently revised notices of recent developments in Internet Law.

  3. The Harvard Berkman Center will maintain a set of online discussion groups. The Berkman Center will maintain on line discussion groups keyed to the chapters in the book, enabling students and instructors who are using the book in different law schools and in different countries to participate in common discussions of the issues raised in the materials. Students will also have access to other events sponsored or hosted by the Berkman Center pertaining to Internet Law: guests lectures; live coverage via the Internet of important meetings (e.g., ICANN); conferences on aspects of Internet law; etc.

Chapter 1: A Brief History of the Internet
Chapter 2: Cyberlaw in Context
Chapter 3: Copyright and Speech: The Basic Framework
Chapter 4: Promiscuous Publication and the Changing Law of Copyright
Chapter 5: Technology and its Legal Supplements
Chapter 6: From Copyright to Contract
Chapter 7: Streamed Music
Chapter 8: Databases
Chapter 9: Non-property/Anti-proprietary Production and Distribution of Digital Content
Chapter 10: Tiers of Rules
Chapter 11: Jurisdiction and Zoning
Chapter 12: Online Alternative Dispute Resolution
Chapter 13: Internet Service Providers
Chapter 14: Access and the Commons
Chapter 15: The Logical Layer
Chapter 16: The Digital Divide
Chapter 17: Domain Names