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.

From the Blog

Cyberlaw Clinic Team Participates at EFF Pub Trivia Event

JZA six-member team comprised of ringers representatives from the Cyberlaw Clinic (including Clinical Instructor Vivek Krishnamurthy, Clinical Fellow Andy Sellars, and Harvard Law School LLM student Viviana Ruiz Martinez), joined by friends from the Berkman Center and beyond (including Berkman Fellows Malavika Jayaram and Peter Hirtle and Jay Stanley from the ACLU) came in first place in last night’s EFF Cyberlaw Pub Trivia event at the Harvard Law School Pub. EFF’s Deputy General Counsel Kurt Opsahl served as emcee for the east coast installment of the trivia night, which EFF usually hosts in its hometown of San Francisco. Big thanks to EFF and especially to Kurt, along with HLS students Naomi Gilens and Kendra Albert, for their help in putting on the event and to all who turned out for this memorable evening!

Harvard Students: Apply to be Part of the Digital Problem Solving Initiative

DPSIlogo3Applications for the Harvard University-wide Digital Problem-Solving Initiative are currently live and will remain open through Tuesday, September 9th at 11:59 pm.  DPSI brings together a diverse group of learners (including students, faculty, fellows, and staff) to work on real-world projects that address problems and opportunities across the University. Participants have the opportunity to enhance and cultivate competency in various digital literacies as teams engage with research, design, and policy work relating to the Harvard community. Students will work with (and be mentored by) Harvard faculty, fellows, and staff in collaborative teams that will build and shape the increasingly digital environment in which we live, learn, work, and create.


Tuteur v. Crosley-Corcoran

TUTEUR v. CROSLEY-CORCORAN | Civil Action No. 13-cv-10159 MBB | D. Mass. May 1, 2013 | The Cyberlaw Clinic filed this amicus curiae brief (pdf) on behalf of the Electronic Frontier Foundation and the Digital Media Law Project, asking the United States District Court for the District of Massachusetts to join other courts that have addressed the issue and confirm that that copyright owners must consider whether a use is fair before sending a Digital Millennium Copyright Act takedown notice pursuant to Section 512(c) of the Copyright Act.  The case concerns a Section 512(f) misrepresentation claim asserted by a plaintiff who alleged that defendant’s 512(c) notice was improper, because plaintiff’s use of defendant’s photograph constituted fair use. The Court issued an order to show cause, suggesting that it might read Section 512(f) very narrowly and require only that those sending takedown notices represent that they own the content at issue.  EFF and DMLP expressed concerns that this view of Section 512(f) might undermine its effectiveness in serving to balance users’ rights against those of content owners in the DMCA’s takedown regime.  This concern is particularly apparent in cases involving critical speech, where – absent an effective mechanism to challenge wrongful takedowns under Section 512(f) – Section 512(c) may be used improperly to silence a speaker with whom a copyright owner disagrees.