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 Files Amicus Brief for Engine Advocacy, Eric Goldman in CDA 230 Case

The Cyberlaw Clinic recently filed an amicus brief (pdf) in the United States Court of Appeals for the Ninth Circuit, on behalf of Engine Advocacy, a non-profit organization that advocates on behalf of the startup community, and Santa Clara University School of Law Professor Eric Goldman. The case involved a dispute between Airbnb, Inc. and a residential leasing company, Aimco, Inc., about the proper application of 47 U.S.C. § 230, a section of the Communications Decency Act that immunizes platforms against liability arising out of third-party speech.

Cyberlaw Clinic Helps Eliminate “Seven Words” Policy for Registration of .US Domain Names

The Clinic has had the honor of working over the past year, along with our friends at the Electronic Frontier Foundation, to support Jeremy Rubin in his efforts to register the domain name, fucknazis.us. Jeremy created his website and registered the domain back in 2017 and began offering a “virtual lapel pin” that allowed Ethereum (a popular digital currency) users to support opposition to anti-semitic and white supremacist conduct in the United States around the time of the tragic events in Charlottesville, Virginia last summer. The domain name registrar initially allowed Jeremy’s registration, then abruptly terminated it (citing the use of the word “fuck” in the name). We are pleased to note that—after a lot of back and forth (and significant patience on Jeremy’s part)—the domain name is now (back) in Jeremy’s hands and the site is now (back) up and running. We are also pleased that this incident prompted re-evaluation of a policy and practice of the United States Department of Commerce with respect to the .us top level domain (or “TLD”) that clearly violated the First Amendment.  


Rodriguez v. Swartz

Rodriguez CoverRODRIGUEZ v. SWARTZ  | No. 15-16410 | Ninth Circuit | May 7, 2016 | The Cyberlaw Clinic and attorney Mahesha Subbaraman of Subbaraman PLLC submitted an amicus brief to the United States Court of Appeals for the Ninth Circuit on behalf of civil liberties advocacy organization, Restore the Fourth, in the case, Rodriguez v. Swartz.  The case has potentially far-reaching implications regarding the scope and continuing viability of United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) — in which the United States Supreme Court addressed the applicability of the Fourth Amendment to a search of a Mexican citizen’s home in Mexico — and more broadly about the extraterritorial reach of the Fourth Amendment’s protections.