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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.

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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 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.

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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.”

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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. →