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

MA Anti-SLAPP Law Applied in the Context of Trademark Challenge

ShireRebecca Tushnet wrote a nice summary of the decision of the United States District for the District of Massachusetts in Shire City Herbals, Inc. v. Blue, Case No. 3:15-cv-30069-MGM (D. Mass. May 12, 2016).  No need to restate the facts or the holding, but I wanted to pile on with some local context and a quick acknowledgment that this seems like an important decision for proponents of Anti-SLAPP protections for speakers in the Commonwealth.  

Cyberlaw Clinic Supports Amicus Effort in Border Shooting Case

Rodriguez CoverThe Cyberlaw Clinic and attorney Mahesha Subbaraman of Subbaraman PLLC submitted an amicus brief to the United States Court of Appeals for the Ninth Circuit this week on behalf of civil liberties advocacy organization, Restore the Fourth, in the case, Rodriguez v. Swartz.  As set out in more detail in the brief and summarized in  a statement by Restore the Fourth, the case concerns the 2012 shooting of a Mexican teenager by United States Border Patrol agent Lonnie Swartz.  The victim — 16-year-old Jose Antonio Elena Rodriguez — was in Nogales, Mexico; the agent fired shots from the U.S. side of the border, through a border fence, killing Rodriguez as he walked home following a basketball game.

Featured

Commonwealth v. Gelfgatt

The Cyberlaw Clinic filed an amicus brief in the Supreme Judicial Court on behalf of the American Civil Liberties Union Foundation of Massachusetts, the American Civil Liberties Union Foundation, and the Electronic Frontier Foundation in the case of Commonwealth v. Gelfgatt, SJC No. 11358. In the brief, we argue that the Fifth Amendment and article 12 of the Massachusetts Declaration of Rights prohibit the government from compelling a defendant to decrypt their electronic data for use against them in criminal proceedings because it involves the kind of testimonial acts protected by constitutional protections against self-incrimination. This is the Cyberlaw Clinic’s third brief filed in a series of cases before the Supreme Judicial Court addressing updates to constitutional protections in light of new technologies. Prior filings on behalf of the Electronic Frontier Foundation concerned warrant requirements for GPS tracking of suspects (Commonwealth v. Rousseau) and historical cell phone location records (Commonwealth v. Augustine).