Publications

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.)

Popcorn.net

This application report reviews the Popcorn.net Download Manager application and related components.

  • StopBadware.org

26 Sep 2006

The Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age

This foundational white paper reports on a year-long study by the Berkman Center for Internet and Society, funded by a grant from the Andrew W. Mellon Foundation, examining the relationship between copyright law and education. In particular, we wanted to explore whether innovative educational uses of digital technology were hampered by the restrictions of copyright. We found that provisions of copyright law concerning the educational use of copyrighted material, as well as the business and institutional structures shaped by that law, are among the most important obstacles to realizing the potential of digital technology in education.

  • William Fisher
  • John Palfrey
  • Urs Gasser
  • William McGeveran
  • Jackie Harlow

9 Aug 2006

Searches and Seizures in a Networked World

Professor Kerr has published a thorough and careful article on the application of the Fourth Amendment to searches of computers in private hands - a treatment that has previously escaped the attentions of legal academia. Such a treatment is perhaps so overdue that it has been overtaken by two phenomena: first, the emergence of an overriding concern within the United States about terrorism; and second, changes in the way people engage in and store their most private digital communications and artifacts.

  • Jonathan Zittrain

1 Jul 2006

International Personal Data Protection and Digital Identity Management Tools

International guidelines establish principles for the treatment of personal data. Might digital identity management tools simultaneously allow the interests of government, the private sector, and the citizen to be met - namely, legitimate government access to and sharing of personal data, efficiency in web-services exchanges, and effective protections for personal data?

  • Mary Rundle

19 Jun 2006

From Shakespeare to DJ Danger Mouse: A Quick Look at Copyright and User Creativity in the Digital Age

In this short essay, we first provide several examples to demonstrate that the law - especially copyright law - has not kept pace with the unfolding creative revolution of cyberspace. We then argue that the law should strike a new balance between the divergent interests of various stakeholders in order to foster participatory culture. Finally, we outline some approaches and proposals that might contribute to such an endeavor.

  • Urs Gasser
  • Silke Ernst

31 May 2006

A History of Online Gatekeeping

The bulk of this Article puts together the pieces of that history most relevant to an understanding of the law's historical forbearance, describing a trajectory of gatekeeping beginning with defamation and continuing to copyright infringement, including shifts in technology toward peer-to-peer networks, that has so far failed to provoke a significant regulatory intrusion.

  • Jonathan Zittrain

31 May 2006

Legal Frameworks and Technological Protection of Digital Content: Moving Forward Towards a Best Practice Model

This paper takes it as its baseline that many countries have already enacted legislation or will soon legislate on TPM in order to comply either with international obligations under WIPO, or with international free trade agreements involving a party that has powerful content industries such as the U.S.

  • Urs Gasser

31 May 2006

WealthofNetworks_Benkler.jpg

The Wealth of Networks

How Social Production Transforms Markets and Freedom

In this comprehensive social theory of the Internet and the networked information economy, Benkler describes how patterns of information, knowledge, and cultural production are changing -- and shows that the way information and knowledge are made available can either limit or enlarge the ways people can create and express themselves.

  • Yochai Benkler

15 May 2006

The Generative Internet

This Article explores ways - some of them bound to be unpopular among advocates of an open Internet represented by uncompromising end-to-end neutrality - in which the Internet can be made to satisfy genuine and pressing security concerns while retaining the most important generative aspects of today's networked technology.

  • Jonathan Zittrain

30 Apr 2006

Kazaa

This application report reviews the Kazaa application, produced by Sharman Networks.

  • StopBadware.org

22 Mar 2006

MediaPipe

This application report reviews the MediaPipe application, produced by Net Publican, Ltd.

  • StopBadware.org

22 Mar 2006

Pages