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Victory for Transparency in Probabilistic Genotyping Case 

recent decision by the Superior Court of New Jersey, Appellate Division held that the proprietary source code underlying DNA analysis software TrueAllele may be examined by an independent expert in advance of a hearing on admissibility.  The opinion aligns with the position advocated by the Clinic in its October amicus brief on behalf of Upturn, Inc., a DC-based nonprofit organization promoting technology equity. The decision is a victory for defendants’ rights and due process in a developing area of criminal law.  

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Lockdown and Shutdown: New White Paper Exposes the Impacts of Recent Recent Network Disruptions in Myanmar and Bangladesh

The Cyberlaw Clinic and International Human Rights Clinic at Harvard Law School were proud to co-author a new white paper, Lockdown and Shutdown: Exposing the Impacts of Recent Network Disruptions in Myanmar and Bangladesh, in collaboration with Athan, the Kintha Peace and Development Initiative, and Rohingya Youth Association. The report exposes the impacts of internet shutdowns in Myanmar and Bangladesh, highlighting the voices of ethnic minority internally displaced persons (IDPs) in Myanmar and Rohingya refugees in Bangladesh, who describe the shutdowns’ impacts in their own words. The co-authors joined to present a webinar to launch the report on January 19, 2021. 

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Ninth Circuit Rules in Favor of Transparency in FOIA Case

Last week, the United States Court of Appeals for the Ninth Circuit handed down a major victory for government transparency in Center for Investigative Reporting v. DOJ (pdf). An amicus brief authored by Cyberlaw Clinic students and staff on behalf of news media organizations and data journalists was cited throughout the court’s decision and has had a major influence on how the court interpreted the Freedom of Information Act.

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Access Denied: New White Paper on How US Copyright Policy Negatively Impacts Free Expression Worldwide

The Cyberlaw Clinic was proud to partner with Article 19 Mexico and Central America to author a new white paper, Access Denied: How Journalists and Civil Society Can Respond to Content Takedown Notices (DMCA-digital-english_FINAL) / Acceso Denegado: ¿Cómo pueden responder los y las periodistas y la sociedad civil a las notificaciones de eliminación de contenidos? (DMCA esp-digital_FINAL). The report highlights a growing phenomenon, in Latin America and around the globe, in which US copyright law–in particular, Section 512 of the Digital Millennium Copyright Act, known as the “notice and takedown” provision–is used to target and censor journalists’ legitimate free expression. 

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Apply! Summer Internship 2021

The Cyberlaw Clinic is hiring summer interns for 2021! Current U.S. JD candidates with an interest in the intersection of tech, law, and social justice are invited to join our dynamic team! Summer legal interns work on all aspects of the Cyberlaw Clinic’s caseload and, like Fall and Spring semester students, take the lead on the projects they join, supported by the Clinic staff. Although Clinic projects vary from summer to summer, they often include substantive law related to the First Amendment, computer security, digital privacy, intellectual property, civic innovation, emerging technologies, and media and the arts. The Clinic also has a growing practice relating to AI, including with regard to criminal justice, human rights, and creative practice. Interns will be involved in supporting the Clinic’s ongoing docket and in planning decisions about clients, cases, and topic areas to be addressed in the Clinic’s work during the upcoming academic year. Interns are supervised and mentored by the Cyberlaw Clinic instructors, and are provided with feedback and growth opportunities.

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Cyberlaw Clinic Files SCOTUS Brief w/Engine Advocacy Supporting Review of Assignor Estoppel 

The Cyberlaw Clinic filed an amicus brief [.pdf] last week in the United States Supreme Court on behalf of Engine Advocacy, supporting a petition for certiorari in a case that concerns the patent law doctrine of assignor estoppel. A panel of the United States Court of Appeals for the Federal Circuit decided the case — Minerva v. Hologic (Supreme Court Case No. 20-440) — and adopted an expansive view of the doctrine. Engine is an advocacy organization that represents the interests of startups, and the brief expresses concerns about the ways in which assignor estoppel can stifle innovation and limit employee mobility. 

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Cyberlaw and Immigration Clinics Team Up on DHS Comment

Rather than a rational plan grounded in public safety or national security, the Rule evinces a desire to subject, without suspicion of wrongdoing, a class of people to invasive, ongoing surveillance.On October 13, the Harvard Immigration and Refugee Clinic (“HIRC”) submitted a public comment drafted by the Cyberlaw Clinic regarding a rule proposed by the Department of Homeland Security (“DHS”) and U.S. Citizenship and Immigration Services (“USCIS”). The proposed rule would greatly expand DHS and USCIS’s authority to collect biometric data from immigrants, foreign nationals, permanent residents, and citizens involved in the immigration process by making biometric collection mandatory rather than discretionary. It would also expand the types of biometrics to include palm prints, iris scans, and voice prints. Finally, it would remove current biometric exemptions for minors under age fourteen and weaken protections for asylum seekers under the Violence Against Women Act.

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Clinic Files FOIA Litigation On Behalf of PhD Student

On October 9, the Cyberlaw Clinic filed litigation under the Freedom of Information Act (“FOIA”) on behalf of client Martin Pfeiffer. Mr. Pfeiffer is a PhD student at the University of New Mexico whose work focuses on nuclear semiotics, information management, secrecy, and history. In January 2020, the Clinic assisted him in filing FOIA requests with the National Nuclear Security Administration (“NNSA”). Relying on Mr. Pfeiffer’s active online presence and long history of publications, talks, and podcast appearances, the Clinic asked that he be classified as an educational or news media requester for fee purposes.

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Cyberlaw Clinic and EFF publish Guide to Legal Risks of Security Research

A Researcher’s Guide to Some Legal Risks of Security Research Sunoo Park Kendra Albert Harvard Law School Harvard Law School October 2020 Contents 1 About this Guide 2 2 What do we mean by legal risk? 3 2.1 Typesoflegalliability ........................ 4 2.2 Ceaseanddesistletters ....................... 5 3 What kinds of security research raise legal risk? 6 3.1 CFAA(ComputerFraudandAbuseAct) . . . . . . . . . . . . . 8 3.2 Copyrightlaw............................. 10 3.3 DMCA §1201 (Digital Millennium Copyright Act on circumvention) 13 3.4 Contractlaw ............................. 18 3.5 Tradesecretlaw ........................... 22 3.6 ECPA (Electronic Communications Privacy Act) . . . . . . . . . 22 3.7 Exportcontrols............................ 23 4 FAQ on getting and working with an attorney 26 5 Conclusion 6 About the authors 29 30We are excited to announce the release of A Researcher’s Guide to Some Legal Risks of Security Research (pdf), a report authored by Sunoo Park and Kendra Albert, and co-published by the Cyberlaw Clinic and the Electronic Frontier Foundation (EFF). Just last month, over 75 prominent security researchers signed a letter urging the Supreme Court not to interpret the Computer Fraud and Abuse Act (CFAA), the federal anti-hacking / computer crime statute, in a way that would criminalize swaths of valuable security research. The case in question, Van Buren v. United States, is still pending.  Meanwhile, security researchers routinely face legal risks and receive legal threats, with documented chilling effects on their work.

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Clinic Files Brief for Upturn on Probabilistic Genotyping

dna strandsThe Cyberlaw Clinic filed an amicus brief (pdf) last week in the Superior Court of New Jersey, Appellate Division, on behalf of Upturn, Inc., a nonprofit organization that advocates for equity and justice in the design, governance, and use of technology. The brief supports the defendant-movant, Corey Pickett, in an appeal seeking source code access to TrueAllele, a DNA analysis software developed by Cybergenetics. The amicus brief submitted by the Clinic focuses on the necessity of independent and adversarial review of novel technologies like TrueAllele in ensuring proper administration of justice within the criminal legal system.

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