The Berkman Center has established the premier series of scholarly publications on matters related to the Internet, law, and society, known as the Berkman Publication Series, which is jointly published with the Social Science Research Network (SSRN).

Below is a selected list of these works, which includes scholarly papers as well as books, written by Berkman faculty and fellows. To be notified when new reports are added to this list, sign up for our reports release email list.

(For additional writings and blog posts from Berkman community members and projects, which are not included in this series, see our aggregated community blog feed.)


This application report reviews RealPlayer 11, currently promoted by RealNetworks at, and RealPlayer 10.5, distributed through channels such as Mozilla Firefox's 'Missing Plug-in' feature and the BBC Radio website.


31 Jan 2008

My SHC Community

This application report reviews the My SHC Community software, an application that is installed for a subset of the users who register for the My SHC (Sears Holding Company) Community at


8 Jan 2008

The Citizen Journalism Web Site 'OhmyNews' and the 2002 South Korean Presidential Election

This paper is one of the first in a series of case studies that examines the impact of the Internet and technology on democracy. This specific case investigates the influence of the participatory media Web site OhmyNews during the 2002 South Korean Presidential election.

  • Internet and Democracy
  • Mary Joyce

1 Dec 2007


Berkman@10 (special annual report)

A decade of exploring cyberspace, sharing in its study, and pioneering its development

As part of its tenth anniversary celebration in the 2007-2008 academic year, the Berkman Center produced a special, glossy annual report, complete with a short history of the center, a timeline, profiles of community members, 2006-2007 project overviews, and much more.

1 Dec 2007

The Role of Digital Networked Technologies in the Ukrainian Orange Revolution

This working paper is part of a series examining how the Internet influences democracy. This report is a narrative case study that examines the role of the Internet and mobile phones during Ukraine's 2004 Orange Revolution. The first section describes the online citizen journalists who reported many stories left untouched by self censored mainstream journalists. The second section investigates the use of digital networked technologies by pro-democracy organizers. This case study concludes with the statement that the Internet and mobile phones made a wide range of activities easier, however the Orange Revolution was largely made possible by savvy activists and journalists willing to take risks to improve their country.

  • Internet and Democracy
  • Josh Goldstein

1 Dec 2007


Breaking Down Digital Barriers: When and How ICT Interoperability Drives Innovation

In this study, we have done a deep-dive on three cases - DRM-protected music, Digital ID, and Mashups in the Web services context - as well as cursory reviews of other narratives with a goal of understanding a range of views on how interoperability comes to pass, what is optimal in terms of interoperability, how interoperability relates to innovation, and how we ought to approach achieving greater interoperability.

  • John Palfrey
  • Urs Gasser
  • eInnovation and ICT Interoperability

31 Oct 2007

The Principles of Distributed Innovation

Distributed innovation systems are an approach to organizing for innovation that seems to meet the challenge of accessing knowledge that resides outside the boundaries of any one organization. We provide an overview of distributed innovation systems that are achieving success in three different industries. We explore why people participate, the organizing principles of production, and the implications for intellectual property policy. Finally, the potential extensions and limitations of this alternative model of innovation are considered.

  • Karim R. Lakhani
  • Jill Panetta

30 Sep 2007

Overcoming the Achilles Heel of Copyright Law

This article challenges the legitimacy of the three-step test which sets up a one-size-fits-all standard for copyright protection. It also puts forward a proposal aimed at reshaping the three-step test. Moreover, this article argues that the inquiry into the legitimacy of the three-step test necessitates a careful reexamination of the conventional wisdom of copyright law in general and the nature of copyright limitations in particular.

  • Haochen Sun

30 Jun 2007

New Skills, New Learning: Legal Education and the Promise of New Technology

Today's legal workplace demands technology-related skills that the traditional law school curriculum does not cover. The original research conducted for this white paper finds that these skills include organizing complex distributed teams, exploiting data and information on the Web, and "meta-lawyering" (establishing systems of practice). The study also finds that traditional methods of training such as apprenticeship have eroded in recent years and that law schools often overlook skills education, leaving a large gap in training of all skills and not just technology-related ones. The paper discusses how thoughtful use of pedagogical technology can address these needs, arguing for integrated and authentic learning experiences rather than "teaching technology" in the abstract.

  • Gene Koo

25 Mar 2007

E-Compliance: Towards a Roadmap for Effective Risk Management

The article starts with a brief overview of what we might describe as a shift from traditional compliance to e-Compliance. It then maps the central themes of E-Compliance and the characteristics of a comprehensive E-Compliance strategy. After discussing the key challenges of E-Compliance, the article outlines practical guidelines for the management of E-Compliance activities and ends with recommendations.

  • Urs Gasser
  • Daniel Haeuserman

14 Mar 2007

Reluctant Gatekeepers: Corporate Ethics on a Filtered Internet

Corporations are increasingly finding themselves caught in the crosshairs as they are asked by local authorities to carry out censorship and surveillance online. This chapter describes this growing, thorny problem and some possible means to resolve it. The most promising approach is neither local law nor a new international covenant, but rather a strong, enforceable code of conduct created by the corporations themselves, in concert with nongovernmental organizations (NGOs), academics, states, and other stakeholders.

  • John Palfrey

1 Mar 2007

Ethical Implications of Emerging Technologies: A Survey

Embracing coherent ethical guidelines is essential for building inclusive knowledge societies and raising awareness about the ethical aspects and principles is central for upholding the fundamental values of freedom, equality, solidarity, tolerance and shared responsibility. Thus, UNESCO encourages the definition and adoption of best practices and voluntary, professional guidelines addressing ethical issues for media professionals, information producers, and service providers and users with due respect to freedom of expression.

  • Chris Conley
  • Mary Rundle

1 Mar 2007

Interoperability In the New Digital Identity Infrastructure

This paper maps out multiple dimensions of interoperability in the emerging digital identity management infrastructure, with a view to promoting openness in this infrastructure. The paper provides a background to the infrastructure; an explanation of components, items exchanged, and interconnection flows; an account of interoperability at various levels; a look at the costs and benefits of interoperability; and a brief consideration of factors that influence interoperability and innovation, such as the market, law, and self-regulation. Because this technology is still developing, the paper seeks to offer a snapshot of the current landscape with a view to promoting discussion about the future.

  • Mary Rundle
  • Paul Trevithick

31 Jan 2007


Code: Version 2.0

Lessig's "Code and Other Laws of Cyberspace" was published in 1999. The book quickly began to define a certain vocabulary for thinking about the regulation of cyberspace. More than any other social space, cyberspace would be controlled or not depending upon the architecture, or "code," of that space. And that meant regulators, and those seeking to protect cyberspace from at least some forms of regulation, needed to focus not just upon the work of legislators, but also the work of technologists. Code v2 updates the original work. It is not, as Lessig writes in the preface, a "new work." Written in part collectively, through a Wiki hosted by JotSpot, the aim of the update was to recast the argument in the current context, and to clarify the argument where necessary.

  • Lawrence Lessig

30 Dec 2006

EUCD Best Practice Guide: Implementing the EU Copyright Directive in the Digital Age

This report provides a set of recommendations for transposing the European Union Copyright Directive (EUCD) into the national copyright frameworks of accession states and candidate countries. The guide, which is based on a peer-produced compilation and comparison of existing implementations of the EUCD across Europe, could also inform future law reform in existing member states.

  • Urs Gasser
  • Silke Ernst

1 Dec 2006

The Future of Music and Film Piracy in China

This paper contemplates what the future holds for the protection of audiovisual works in China. It is meant to provide cultural and historical context to the copyright piracy epidemic in China, and, with that context in mind, realistically assess three policy directions from which the Chinese government might choose going forward as it seeks to defeat piracy in the Internet age and develop vibrant domestic music and film industries.

  • Eric Priest

1 Dec 2006


This application report reviews the FreeWire application, produced and distributed by


15 Nov 2006