About the Cyberlaw Clinic

Harvard Law School‘s Cyberlaw Clinic, based at Harvard’s Berkman Klein 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

Ninth Circuit Holds Cross-Border Killing Violated Victim’s 4th Am Rights

The Ninth Circuit issued an important decision last week in Rodriguez v. Swartz, allowing a Mexican mother to sue a United States government official over a cross-border shooting. The Court held that the defendant — Border Patrol agent Lonnie Swartz — violated the Fourth Amendment rights of 16-year-old Jose Antonio Elena Rodriguez when Swartz shot and killed Rodriguez. The shooting took place while Rodriguez was in Nogales, Mexico and Swartz was on the US side of the border.  The Cyberlaw Clinic and attorney Mahesha Subbaraman of Subbaraman PLLC submitted an amicus brief in the case on behalf of civil liberties advocacy organization, Restore the Fourth. Although the case did not directly concern cyber- or tech-related issues, the court’s reasoning may have long-term implications with respect to government activities in a wide range of contexts where actions occur on US soil but have extraterritorial effects.

D.C. Circuit Reverses Lower Court re: Copyright in Laws and Codes

We previously reported about the Clinic’s amicus advocacy in a pair of cases concerning copyrights in legal standards and model codes incorporated into law. We are pleased to report that the United States Court of Appeals for the District of Columbia Circuit issued a ruling yesterday in favor of Public.Resource.Org, the organization that we supported (on behalf of two different groups of amici) in the district and circuit courts.  

Featured

DMCA Anti-Circumvention Exemption Request

EXEMPTIONS TO PROHIBITION ON CIRCUMVENTION OF COPYRIGHT PROTECTION SYSTEMS FOR DEFUNCT DRM AND COPY PROTECITON-BASED STORES  |  DMCA Anti-Circumvention Exemption Request, Christopher Soghoian (RM 2008-8)  |  December 2, 2008)  |  The Cyberlaw Clinic submitted this request (pdf) on behalf of researcher Christopher Soghoian as part of the Copyright Office’s triennial rulemaking process, seeking an exemption to DMCA §1201(a)(1)(A) for lawfully purchased sound recordings, audiovisual works, and software programs distributed commercially in digital format by online music and media stores and protected by technological measures that depend on the continued availability of authenticating servers, when such authenticating servers cease functioning because the store fails or for other reasons