About the Cyberlaw Clinic

Harvard Law School‘s Cyberlaw Clinic, based at Harvard’s Berkman Center for Internet & Society, provides high-quality, pro-bono legal services to appropriate clients on issues relating to the Internet, technology, and intellectual property. Students enhance their preparation for high-tech practice and earn course credit by working on real-world litigation, client counseling, advocacy, and transactional / licensing projects and cases. The Clinic strives to help clients achieve success in their activities online, mindful of (and in response to) existing law. The Clinic also works with clients to shape the law’s development through policy and advocacy efforts. The Cyberlaw Clinic was the first of its kind, and it continues its tradition of innovation in its areas of practice. The Clinic works independently, with law students supervised by experienced and licensed attorneys.  In some cases, the Clinic collaborates with counsel throughout the country to take advantage of regional or substantive legal expertise.

From the Blog

Cyberlaw Clinic Protects the Right to Post “Ballot Selfies”

Rideout brief coverThe Cyberlaw Clinic filed an amicus brief today (PDF) at the United States Court of a Appeals for the First Circuit, on behalf of the New England First Amendment Coalition and the Keene Sentinel. The case, Rideout v. Gardner, concerns a law passed by the State of New Hampshire to prevent “ballot selfies” – photos of completed ballots that are posted on social media. The brief argues that the law is unconstitutional under the First Amendment, as it prohibits a variety of speech important to monitoring the government, educating voters and engaging in political debate.

Cyberlaw Clinic and Lumen Project Reps Contribute to Section 512 Study

Copyright OfficeOn 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 Copyright Act (“DMCA”) safe harbor provisions, embodied in Section 512 of the United States Copyright Act. On April 7th, the filed comments were released online.

Featured

AERA v. Public Resource

AERA Amicus Cover PageAERA v. PUBLICRESOURCE.ORG, INC. | Civil Action No. 1:14-cv-00857-TSC | D.D.C. | February 11, 2016 | The  Cyberlaw Clinic filed an amicus brief (pdf) on behalf of a group of law scholars in the United States District Court for the District of Columbia in this case brought by several standards developing organizations (SDOs) against Public.Resource.org. The brief builds upon a similar brief filed by the Clinic and joined by amici in ASTM v. Public Resource, Case No. 1:13-cv-01215-EGS (D.D.C.), pending before the same court. As in the previous case, the plaintiffs in this case are organizations that develop standards (SDOs). They include American Educational Research Association, the American Psychological Association, Inc., and the National Council on Measurement in Education, Inc. Plaintiffs allege copyright and trademark infringement by defendant Public Resource, a non-profit organization dedicated to making government information accessible to the public, for publishing on its website privately developed standards that have been incorporated into federal law. This brief advances many of the same legal arguments made in the brief in the ASTM case with reference to model codes and applies those arguments to privately developed standards.