Today, the United States Court of Appeals for the Second Circuit issued an opinion in ACLU v. ICE (No. 21-1233) requiring federal agencies to preserve relational information when producing public records from a database. The opinion is an important victory for government transparency in an age where government records are increasingly stored in structured datasets. The Cyberlaw Clinic is honored to have represented the Center for Investigative Reporting, the Media Law Resource Center, and the MuckRock Foundation as amici curiae in this appeal.
The Cyberlaw Clinic is hiring summer interns for 2023! 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 such as AI, human rights, reproductive justice and media and the arts. 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.
On October 21, 2022, the Cyberlaw Clinic submitted a comment in response to a request from the Federal Trade Commission for feedback regarding an Advance Notice of Proposed Rulemaking related to commercial surveillance and data privacy. The comment was submitted on behalf of the Berkman Klein Center and its projects and associates, including the Data Nutrition Project, the Lumen database, the Risk Assessment Tool Database project, and the Youth and Media project. The comment provides actionable recommendations that would represent meaningful incremental steps toward an eventual goal of end-to-end data transparency from data collectors and processors. These include tailored transparency mechanisms, flexible disclosure requirements, and protections for vulnerable populations online.
On October 15, 2022, the Cyberlaw Clinic submitted a Comment on behalf of a non-profit technology policy, research, and advocacy organization that bridges the gap between policymakers and startups. Engine seeks to support the growth and success of nascent companies and startups, including through startup-friendly patent polices. The Comment responded to a United States Patent and Trademark Office (USPTO) Notice seeking feedback on its existing patent subject matter eligibility guidance.
Cyberlaw Clinic Files Comment for CDT Urging the U.S. Dept. of Ed. to Protect LGBTQI+ Students from Discriminatory Tech
On September 12, 2022, the Cyberlaw Clinic filed a comment on behalf of the Center for Democracy and Technology in response to a Notice of Proposed Rulemaking issued by the U.S. Department of Education (Department), encouraging the Department to protect LGBTQI+ students from their schools’ use of surveillance technology.
Clinic Works w/ Amici Kenneth Crews and Kevin Smith to Support Internet Archive’s Controlled Digital Lending Efforts
Last week, the Cyberlaw Clinic filed an amicus brief in the United States District Court for the Southern District of New York in support of Internet Archive (“IA”) a non-profit digital library working to provide access to cultural artifacts of all kinds. The Clinic filed the brief on behalf of amici curiae Kenneth D. Crews and Kevin L. Smith, library and information scholars and historians with significant expertise on libraries and archives. The brief supports IA in a case filed against them by book publishers, alleging that IA’s controlled digital lending (“CDL”) program infringes their copyrights.
On Monday, April 11, 2022, the Cyberlaw Clinic filed an amicus brief in the Massachusetts Supreme Judicial Court in support of four former employees of GrubHub. Amici curiae Professors Jonathan Askin, Vivek Krishnamurthy, Christopher Morten, and Jason Schultz are scholars and clinicians engaged in research concerning the impact of technology on society. The brief supports the GrubHub workers’ argument that they are exempt from mandatory arbitration as “workers engaged in interstate commerce.”
Attention Harvard Law School 1Ls and 2Ls: clinical registration for the 2022-23 academic year takes place on Wednesday March 30, 2022 and Thursday March 31, 2022! If you are interested in exploring issues at the nexus of technology, law, policy, and social justice, while gaining real-world law practice experience, we strongly encourage to you to join us in the Cyberlaw Clinic in fall 2022 or spring 2023. Detailed information about clinical registration is available through the HLS Office of Clinical and Pro Bono Programs.
Public Interest Patent Law Institute and American Civil Liberties Union Call on PTO to Protect Rigorous Subject Matter Eligibility Review
On March 7, 2022, the Cyberlaw Clinic submitted a Comment on behalf of the Public Interest Patent Law Institute (PIPLI) and the American Civil Liberties Union (ACLU). The PIPLI and ACLU DSMER Comment responded to a United States Patent and Trademark Office (USPTO) Notice announcing a pilot program to evaluate the effects of permitting applicants to defer responding to subject matter eligibility (SME) rejections in certain patent applications. The Cyberlaw Clinic was pleased to have the opportunity to collaborate with Alex Moss, Executive Director of PIPLI, and Sandra Park of the American Civil Liberties Union on the Comment.
On February 16, 2022, the Cyberlaw Clinic filed an amicus brief in the United States Court of Appeals for the Eleventh Circuit in support of Corellium, LLC. The Clinic filed this brief on behalf of the Electronic Frontier Foundation–a non-profit civil liberties organization dedicated digital privacy, free speech, and innovation–along with Public Knowledge and several cybersecurity researchers. The brief supports Corellium in seeking an affirmance of the United States District Court for the Southern District Florida’s opinion that found Corellium’s software to be a fair use of Apple’s iOS. Signatories to the brief included independent computer security researchers, the Electronic Frontier Foundation, and Public Knowledge, a non-profit public interest organization that defends consumer rights online.