About the Cyberlaw Clinic

Harvard Law School‘s Cyberlaw Clinic, based at Harvard’s Berkman 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.

Upcoming Events

Cyberlaw Clinic Presents at WeRobot 2015 Conference

WEROBOT 2015, “Legal and Ethical Issues in the Use of Telepresence Robots: Best Practices and Toolkit” | University of Washington School of Law, William H. Gates Hall | April 10, 2015, 3:15 pm – 4:15 pm | Cyberlaw Clinic Managing Director Chris Bavitz and spring 2015 Clinic students Cecillia Xie and Jack Xu, along with Chelsea Barabas of the MIT Center for Civic Media, will present a working draft of their toolkit on legal and ethical concerns regarding the use of telepresence robots to the 2015 WeRobot conference in Seattle. The team will speak with discussant Laurel D. Riek of University of Notre Dame about the project. Telepresence robots allow users to attend meetings and events to interact with participants remotely and have significant applications in the work, school, and conference settings. The Clinic has been working with Chelsea, together with Berkman Fellow and MIT Media Lab PhD student J. Nathan Matias, to maximize opportunities and navigate legal and regulatory challenges associated with telepresence robotics.

University of Geneva Internet L@w Summer School (2015)

2015_internet_lawUNIVERSITY OF GENEVA INTERNET L@W SUMMER SCHOOL | University of Geneva, Geneva, Switzerland | June 15, 2015 – June 26, 2015 | Cyberlaw Clinic Managing Director Chris Bavitz will join a number of internationally-renowned experts on law and technology for the second consecutive year of the University of Geneva’s Internet L@w Summer School, in Geneva Switzerland, June 15, 2015 – June 26, 2015. Course Academic Director, Professor Jacques de Werra of University of Geneva will again lead a fantastic program that includes discussions of intellectual property, surveillance, competition law, and Internet jurisdiction (among many other topics).  Chris will run sessions focused on practical aspects of cyberlaw and strategic considerations that arise when litigating Internet disputes and a session dedicated to the sale and licensing of content online.  The program includes a number of people from within the Berkman Center orbit, including Berkman Faculty Director Terry Fisher (talking about “IP and the Future of Entertainment”); Berkman Fellows Neal Cohen, Primavera De Filipi, Camille François, and Kate Darling (directing a session on X); and Professor de Werra himself (who was in residence at Berkman during the 2012-13 academic year).

From the Blog

HLS Clinical Registration, 2015-2016

Harvard Law School 1Ls and 2Ls should note that registration for HLS clinics during the 2015-16 academic year takes place on Wednesday April 1st and Thursday April 2nd. Details are available on the HLS Office of Clinical and Pro Bono Programs’ website. In advance of registration, the HLS Clinical Fair will take place on Wednesday, March 25th from 6:00 to 8:oo pm.  The Fair is a great opportunity to meet representatives from all the HLS clinics, and the Cyberlaw Clinic staff will be there to tell you about our work. Our staff also invites any students interested in enrolling in the Cyberlaw Clinic next year to an open house on Friday, March 27th from 3:00 to 5:00 pm in our offices on the garden level of 23 Everett Street.  Clinic staff and students will be around and available to chat about their experiences. We hope to see you there!

The (Non)Finality of a Fair Use Opinion

Today marks the beginning of Fair Use Week, a celebration of the doctrine of fair use in copyright law. Fair use allows a judge to decide – using a set of four factors articulated by the Copyright Act to guide the analysis – that a person can use another’s copyrighted work without permission or payment, despite the copyright holder’s normal ability to control the use.


Barclays Capital Inc. v. TheFlyontheWall.com

BARCLAYS CAPITAL INC. v. THEFLYONTHEWALL.COM  |  No. 10-1372-CV  |  2d Cir. June 21, 2010  |  The Cyberlaw Clinic and the Electronic Frontier Foundation prepared this amicus brief (pdf), and it was submitted to the Second Circuit on behalf of Citizen Media Law Project, Electronic Frontier Foundation, and Public Citizen.  Amici urged the court to apply First Amendment scrutiny to the “hot news misappropriation” doctrine.  The Second Circuit ultimately overturned the district court’s decision on preemption grounds.