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

Cyberlaw Clinic — Academic Year in Review:  2015-16

As often happens during the heat of the New England summer, we on the Cyberlaw Clinic team find ourselves thinking about the past academic year and looking ahead to the next. It is a great time to pause and reflect on the work of our students and the overall state of our program, which has now served the HLS student body and the broader technology law and policy community for more than sixteen years. This post serves as something of an “academic year in review” for the 2015-16 school year and a preview of things to come.

Clinic Supports Public Citizen and EFF in Small Justice Amicus Effort

Brief CoverThe Cyberlaw Clinic supported Public Citizen and the Electronic Frontier Foundation in filing an amicus brief (pdf) today in the case, Small Justice LLC v. Xcentric Ventures LLC, Case No. 15-1506, pending before the United States Court of Appeals for the First Circuit.  The case raises important questions about the interplay between copyright law and laws protecting free expression, including the immunity granted to platforms that host content uploaded by users pursuant to Section 230(c) of the Communications Decency Act.  Paul Levy of Public Citizen and Kit Walsh of EFF wrote detailed posts about the brief. 

Featured

Tuteur v. Crosley-Corcoran

TUTEUR v. CROSLEY-CORCORAN | Civil Action No. 13-cv-10159 MBB | D. Mass. May 1, 2013 | The Cyberlaw Clinic filed this amicus curiae brief (pdf) on behalf of the Electronic Frontier Foundation and the Digital Media Law Project, asking the United States District Court for the District of Massachusetts to join other courts that have addressed the issue and confirm that that copyright owners must consider whether a use is fair before sending a Digital Millennium Copyright Act takedown notice pursuant to Section 512(c) of the Copyright Act.  The case concerns a Section 512(f) misrepresentation claim asserted by a plaintiff who alleged that defendant’s 512(c) notice was improper, because plaintiff’s use of defendant’s photograph constituted fair use. The Court issued an order to show cause, suggesting that it might read Section 512(f) very narrowly and require only that those sending takedown notices represent that they own the content at issue.  EFF and DMLP expressed concerns that this view of Section 512(f) might undermine its effectiveness in serving to balance users’ rights against those of content owners in the DMCA’s takedown regime.  This concern is particularly apparent in cases involving critical speech, where – absent an effective mechanism to challenge wrongful takedowns under Section 512(f) – Section 512(c) may be used improperly to silence a speaker with whom a copyright owner disagrees.