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

Former Clinic Students Present Harvard Law Review Student Notes

Of the four students whose work is represented in the Harvard Law Review’s April 2018 “Developments in the Law” issue, three are former students in the Cyberlaw Clinic and all have taken classes with our staff. The issue of the Law Review focuses on challenges posed by the vast amount of personal information that individuals now store digitally and with third party technology companies. The student authors, Audrey Adu-Appiah, Chloe Goodwin, Vinitra Rangan, and Ariel Teshuva, presented on their work to a packed room on Thursday, April 18, at the Law School, followed by a conversation moderated by Chris Bavitz.

The Cyberlaw Clinic Prepares for Final Stage in 1201 Exemption Proceedings

Still of YouTube Video of Section 1201 RoundtablesThe Cyberlaw Clinic is preparing for the last segment in the seventh triennial proceeding for exemptions to the anti-circumvention clause of the DMCA—the oral hearings, which are to be held on April 12th, at 2:00 p.m. ET in Washington, D.C and will be livestreamed online here.  At this hearing, there will be two panels of testifying witnesses—one in support of the exemption, the other in opposition—appearing before a panel of Copyright Office representatives. The Clinic is coordinating the efforts of the supporting experts, which includes Cyberlaw Clinic Instructional Fellow Kendra Albert, Jessica Meyerson of the Software Preservation Network, Henry Lowood of the Stanford University Libraries, Lyndsey Jane Moulds of Rhizome at the New Museum, and Jonathan Band of the Library Copyright Alliance. The majority of the time will be spent addressing specific questions posed by the Copyright Office during the hearing.


Commonwealth of Massachusetts v. Busa

COMMONWEALTH OF MASSACHUSETTS v. BUSA  |  Docket No. 1101cr005277  |  Boston Muni. Ct. Centr. Div. May 21, 2012  |  The Cyberlaw Clinic prepared this amicus brief (pdf) on behalf of the Digital Media Law Project in a case that involved a prosecution under Massachusetts’s anti-counterfeiting law, M.G.L. ch. 266 § 147 (“Section 147”).  Section 147 punishes one who willfully “manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any item or services bearing or identified by a counterfeit mark,” and it defines “counterfeit mark” to include “any unauthorized freproduction or copy of intellectual property.”  The brief argued that Section 147’s definition of counterfeit mark — with no requirement that the mark be likely to cause confusion — criminalizes speech protected by the First Amendment and is thus unconstitutional.