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.
From the Blog
Over the past several months the Cyberlaw Clinic has been working with medical device researchers Hugo Campos, Jay Radcliffe, Karen Sandler, and Ben West, in a proceeding before the Copyright Office regarding the anticircumvention laws created in the Digital Millennium Copyright Act. Here’s what we’ve been doing, and why we’re doing it.
The Clinic has written about this proceeding twice before, but as a quick review: our clients each study the safety, security, and effectiveness of medical devices. Some look at the devices from a system design perspective, analyzing the hardware and software of the devices for misconfigurations or vulnerabilities. Others look at the devices as they are applied to a particular patient’s care, and help patients retrieve important information off the devices that the device otherwise would not share, or would only make available through periodic checkups with doctors once every several months. Their research has helped patients and doctors better tailor care, the public understand the nature of medical device risks, and regulatory agencies like FDA improve government oversight of devices.
The Cyberlaw Clinic is pleased to report that earlier today the Department of Justice’s Office of the Inspector General released its internal audit of the FBI’s use of Section 215 of the Patriot Act from 2007–2009. Release of the Inspector General report comes soon after the Clinic prepared a FOIA request seeking a copy of the report, on behalf of the American Civil Liberties Union’s National Security Project. →
SEATON v. TRIPADVISOR | Docket No. 12-6122 | 6th Cir. February 27, 2013 | The Cyberlaw Clinic filed this amicus curiae brief (pdf) on behalf of the Digital Media Law Project, asking the Sixth Circuit to make clear that website operators that aggregate citizen reports and rely on that data to draw conclusions cannot be liable for defamation based on those conclusions. The case concerns TripAdvisor’s 2011 “Dirtiest Hotels in America” list, which was based on travelers’ ratings for cleanliness on TripAdvisor. The proprietor of the hotel identified as the dirtiest in America sued TripAdvisor for defamation and false light, and the U.S. District Court for the Eastern District of Tennessee granted TripAdvisor’s motion to dismiss the claim. In support of TripAdvisor on appeal, the DMLP argued that opinions based on disclosed facts are not defamation under Tennessee law and that protecting such opinions is consistent with the goals of the First Amendment. By disclosing the reviews on which it relied, TripAdvisor enabled its readers to independently assess the rankings, subjecting its conclusions to the marketplace of ideas rather than the courts.