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

Protecting Independent Medical Device Research

IMG_0614Over the past several months the Cyberlaw Clinic has been working with medical device researchers Hugo Campos, Jay Radcliffe, Karen Sandler, and Ben West, in a proceeding before the Copyright Office regarding the anticircumvention laws created in the Digital Millennium Copyright Act. Here’s what we’ve been doing, and why we’re doing it.

The Clinic has written about this proceeding twice before, but as a quick review: our clients each study the safety, security, and effectiveness of medical devices. Some look at the devices from a system design perspective, analyzing the hardware and software of the devices for misconfigurations or vulnerabilities. Others look at the devices as they are applied to a particular patient’s care, and help patients retrieve important information off the devices that the device otherwise would not share, or would only make available through periodic checkups with doctors once every several months. Their research has helped patients and doctors better tailor care, the public understand the nature of medical device risks, and regulatory agencies like FDA improve government oversight of devices.

DOJ Releases Patriot Act Report following Clinic FOIA Request

Audit CoverThe Cyberlaw Clinic is pleased to report that earlier today the Department of Justice’s Office of the Inspector General released its internal audit of the FBI’s use of Section 215 of the Patriot Act from 2007–2009. Release of the Inspector General report comes soon after the Clinic prepared a FOIA request seeking a copy of the report, on behalf of the American Civil Liberties Union’s National Security Project.

Featured

Commonwealth v. Estabrook

coverCOMMONWEALTH V. ESTABROOK | SJC–11833 | Mass SJC April 24, 2015 | The Cyberlaw Clinic filed an amicus brief (PDF) in the Supreme Judicial Court of Massachusetts on behalf of the American Civil Liberties Union of Massachusetts (ACLUM) and the Electronic Frontier Foundation (EFF) in Commonwealth v. Estabrook, SJC–11833. The case concerns location privacy and cell phone technology, specifically, whether law enforcement can gather a large amount of cell phone location information if it only plans to use a small part of it in a prosecution. Amici argue that the SJC’s previous decision in Augustine requires police to get a warrant to obtain vast amounts of location information even if they only plan to use a small amount. The brief urges the SJC to establish a blanket warrant requirement for whenever police seek cellphone location data. As the brief notes, considering the growing volume and accuracy of such data, and the confusion that an exception in Augustine has created in the lower courts, a blanket warrant requirement would provide much-needed clarity to police, prosecutors, and the public. Such a rule would align Massachusetts with the dozen other states that have imposed blanket warrant requirements for cellphone location data, without any apparent ill effects on the ability of the police to investigate crimes.