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

MA SJC Ruling on Bail Instructive Re: Algorithms and Criminal Justice

One track of the Berkman Klein Center’s work on artificial intelligence ethics and governance concerns the use of algorithms, machine learning, and related technologies in ways that impact social and criminal justice. Among other things, this research examines technologies employed by courts in their disposition of criminal cases. Increasingly, judicial determinations are informed by software that helps judges perform “risk assessments” of defendants or otherwise process and weigh factors relevant to decisions about sentencing, parole, and the like. The Center (along with collaborators at the MIT Media Lab) is undertaking a number of efforts to evaluate ways in which these kinds of technologies might mitigate or exacerbate bias. The initiative has both technical and legal components, and a significant amount of our work to date has involved technologists and lawyers working together to correlate technical concepts with legal standards (and vice-versa). In the context of these efforts, the Massachusetts Supreme Judicial Court’s recent ruling in Brangan v. Commonwealth — which has nothing to do with algorithms but concerns, broadly, the process of making bail determinations in Massachusetts — is of significant interest.

Welcoming Kendra Albert and Kicking Off the 2017-18 Academic Year! 

With September just around the corner, we here in the Cyberlaw Clinic are eager to get the fall semester underway. And, we are especially excited to announce that the start of the new term comes with a new addition to our practice and teaching team in the form of the one and only Kendra Albert! Kendra is a familiar face around Harvard Law School and the Berkman Klein Center, having worked at Berkman before attending law school at HLS. Kendra was a student in the Cyberlaw Clinic during the spring term of their third year, back in 2016. Kendra spent a year in private practice at Zeitgeist Law in San Francisco from 2016-17 before rejoining us as a Clinical Instructional Fellow this week.  We are delighted to have Kendra on board and anticipate that they will contribute to a wide variety of our projects involving privacy, copyright, and related issues.

Featured

Glik v. Cunniffe

GLIK v. CUNNIFFE  |  No. 10-1764  |   1st Cir. January 23, 2011  |  The Cyberlaw Clinic prepared this amicus brief (pdf) with support from Prince Lobel Tye LLP.  It was submitted to the First Circuit on behalf of the Citizen Media Law Project, joined by Dow Jones & Company, Inc., GateHouse Media, Inc., Globe Newspaper Company, Inc., The Massachusetts Newspaper Publishers Association, Metro Corp., NBC Universal, Inc., New England Newspaper and Press Association, Inc., The New York Times Company, Newspapers of New England, Inc., the Online News Association, and the Reporters Committee for Freedom of the Press.  Amici argued that the Massachusetts Wiretap Statute cannot be applied to criminalize recordings where the subjects of those recordings do not reasonably expect their communications to be private.  The First Circuit denied permission to file the brief, but its decision in favor of plaintiff Glik echoed many arguments set forth in the Clinic’s brief.