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

Clinic Releases Guide to Anti-Circumvention Exemption for Software Preservation

The Cyberlaw Clinic is pleased to announce the release of “A Preservationist’s Guide to the DMCA Exemption for Software Preservation,” a document created in collaboration with the Software Preservation Network and hosted on the SPN website. The guide —authored by fall 2018 Cyberlaw Clinic student Kee Young Lee and Clinical Fellow Kendra Albert — builds on work that the Clinic and SPN have done together over the past year on the 2018 round of anti-circumvention exemptions announced by the Copyright Office in October of this year.

As we noted in a previous blog post, the Copyright Office conducts a rulemaking every three years to identify situations in which individuals should be exempt from liability under Section 1201 of the Copyright Act in cases where they circumvent a “technical measure that effectively controls access” to a copyrighted work. We were pleased that the latest round of exemptions included one that allows libraries, archives, and museums to circumvent technological protection measures on certain lawfully acquired software for the purposes of preserving software and materials that depend on it. The guide released today aims to frame that exemption in useful, practical terms for the librarians and archivists who will rely on and benefit from it.  “Getting the exemption is just the first step — SPN and the Cyberlaw Clinic are dedicated to supporting practitioners in using the exemption to preserve software,” said Mx. Albert.  “This is the first of a set of guides we plan to release to help institutions make the most of their rights under the law.”

Cyberlaw Clinic Supports Patent Pandas Launch

The Cyberlaw Clinic is thrilled to have supported our friend Ji Qie and the rest of the team that launched patentpandas.org this week. The site aims to “help make patent law friendly for everyone,” offers stories from “[e]veryday people” about “their patent adventures and misadventures,” and provides a wide range of resources for creators and entrepreneurs about interacting with the patent system. Legal resources on the site address issues like “What Can Be Patented?” and “I Got a Cease and Desist Letter!.” Fall 2018 Clinic student Carol Lin worked with the Cyberlaw Clinic’s Assistant Director, Jessica Fjeld, to guide the project.  (Photo credit: Andy Sellars.)

Featured

US v. Auernheimer

US v. AUERNHEIMER | No. 13-1816 | 3d Cir. July 8, 2013 | The Cyberlaw Clinic filed this amicus curiae brief on behalf of the Digital Media Law Project, in support of defendant-appellant Andrew Auernheimer, arguing that Auernheimer’s conviction for violating the Computer Fraud and Abuse Act should be overturned.  The charge against Auernheimer was escalated based on his alleged disclosure of information to a news website, thus violating the New Jersey computer intrusion statute.  By relying upon the New Jersey statute as a predicate offense, the brief argues, the court below punished Mr. Auernheimer for engaging in speech protected by the First Amendment.  As noted in the brief, “the First Amendment bars the escalation of penalties for the publication of true and newsworthy information under any circumstance that does not fall into any existing exception to First Amendment protection,” and “absent satisfaction of First Amendment scrutiny, the escalation applied in this case is unconstitutional.”