Cyberlaw Clinic Newsfeed

How to Responsibly Create Technological Interventions to Address the Domestic Sex Trafficking of Minors

rtabasky — Tue, 09 Apr 2013 11:34:18 -0400

For the last year, students in the Harvard Cyberlaw Clinic and Clinic director Phil Malone have been pursuing a project to better understand how technology is used to facilitate human trafficking and the commercial sexual exploitation of children.

Yesterday Phil Malone joined a group of researchers in signing on to a primer, prepared by danah boyd, for technologists who are working or planning to work in this space. The goal of the document is to bridge the gap between technologists and trafficking researchers and to provide important context and an understanding of the complexities of the issues to inform better and more responsible research. danah's blog post describing the primer and her path-breaking work in this area may be found here, and the report is online here.

HLS Students: Clinical Registration April 3rd – 5th

ashar — Tue, 26 Mar 2013 09:32:31 -0400

Are you interested in getting law school credit by working for real-world clients on cutting-edge legal issues that involve intellectual property, privacy, technology, and the Internet? Come learn about the Cyberlaw Clinic during the HLS Clinical Fair, which takes place on Wednesday, March 27, 2013 from 6:00 pm – 8:00 pm in Milstein East ABC. Staff from the Clinic (and many other HLS clinical programs) will be on hand to answer questions and provide details about their work.

Clinical enrollment for the Fall 2013 and Winter and Spring 2014 terms opens Wednesday, April 3, 2013 at 9:00 am and closes Friday, April 5, 2013 at 12:00 pm. More details about clinical registration from the Office of Clinical and Pro Bono Programs is available here.

Students wishing to enroll in the Cyberlaw Clinic must take any one of several HLS courses prior to or concurrently with their enrollment. The list of courses for 2013-2014 is still being finalized, but the following are confirmed:

Communications and Internet Law and Policy;
Controlling Cyberspace;
Copyright;
Cybercrime;
Cyberlaw and Intellectual Property: Advanced Problem Solving Workshop;
Ideas for a Better Internet;
Intellectual Property in the Digital Environment;
Music and Digital Media;
Practical Lawyering in Cyberspace; and
Trademark.

Students should also feel free to contact the Cyberlaw Clinic staff with any questions:

Phil Malone, Director – pmalone@cyber.law.harvard.edu
Chris Bavitz, Ass’t Director – cbavitz@cyber.law.harvard.edu
Dalia Topelson, Clinical Instructor – dtopelson@cyber.law.harvard.edu
Kit Walsh, Clinical Instructional Fellow – cwalsh@cyber.law.harvard.edu

The Cyberlaw Clinic, based at Harvard's Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world litigation, licensing, client counseling, advocacy, and legislative projects and cases, covering a broad spectrum of Internet, new technology, and intellectual property legal issues. The Clinic was the first of its kind, and it continues its tradition of innovation in its areas of practice. Among many other areas, the scope of the Clinic’s work includes counseling and legal guidance regarding complex open access, digital copyright, and fair use issues; litigation, amicus filings, and other advocacy to protect online speech and anonymity; legal resources and advice for citizen journalists; licensing and contract advice, especially regarding Creative Commons and other “open” licenses; patent reexamination requests for overly broad technology patents; and guidance and amicus advocacy for effective but balanced protection of children in the areas of social networking, child pornography, and online exploitation.

The DMLP Asks the Sixth Circuit to Safeguard Crowdsourced Research and Data-based Journalism

ashar — Mon, 04 Mar 2013 15:01:55 -0500

The Digital Media Law Project (formerly the Citizen Media Law Project), assisted by Harvard Law School’s Cyberlaw Clinic, has asked 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 DMLP submitted an amicus curiae brief (pdf) last week to the Sixth Circuit in the case of Seaton v. TripAdvisor, LLC. The case concerns TripAdvisor’s 2011 “Dirtiest Hotels in America” list. The list, which was based on travelers’ ratings for cleanliness on TripAdvisor, named the Grand Resort Hotel & Convention Center in Pigeon Forge, Tennessee the dirtiest hotel in America. Kenneth Seaton, the hotel’s owner, subsequently filed a claim for defamation and false light. The U.S. District Court for the Eastern District of Tennessee granted TripAdvisor’s motion to dismiss the claim, holding that the statements at issue were purely subjective opinion and unverifiable rhetorical hyperbole. Seaton appealed the dismissal of his defamation claim to the Sixth Circuit.

The DMLP submitted its friend of the court brief urging the Sixth Circuit to affirm the district court’s decision. As the DMLP argues, opinions based on disclosed facts are not defamation under Tennessee law, and 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. The DMLP further called to the attention of the court that the use of crowdsourcing to collect data has become common in both data-based journalism and in academic research. Crowdsourcing is now crucial to journalists’ ability to play their traditional watchdog function, as well as their ability to provide up-to-date information in times of crisis. Failure to protect opinions based on such data would jeopardize those crucial functions.

"Crowd-sourced information gathered from online media platforms provides uniquely powerful data about breaking issues and large-scale events which would be difficult if not impossible for journalists and scholars to compile using traditional research techniques." said the DMLP's Director, Jeff Hermes.

The DMLP regularly contributes to amicus curiae briefs in cases with important implications for online speech, journalism, and the public good that are of direct interest to all members of the news media and, indeed, the public as a whole. The DMLP was represented on the brief by the Cyberlaw Clinic. The DMLP and the Cyberlaw Clinic are both based at Harvard University’s Berkman Center for Internet & Society, an organization dedicated to studying the development of cyberspace. Cyberlaw Clinic students Jillian Stonecipher, Andrew Crocker, and Emma Raviv drafted the brief, alongside DMLP Director Jeff Hermes, DMLP Staff Attorney Andy Sellars, and Cyberlaw Clinic Assistant Director Christopher Bavitz.

Harvard i-Lab Experts in Residence Office Hours (Revised Dates)

ashar — Mon, 26 Nov 2012 08:17:31 -0500

The Harvard Innovation Lab invites students to consult with experts in residence joining us on campus for office hours over the next few weeks.

Anthony Scaramucci ’89, Managing Partner, SkyBridge Capital, will be on campus next week on November 26 and 27 as an Expert-in-Residence.

November 26: 11 a.m. to noon; 1:30 to 5:00 p.m. – NOTE: Hours on 11/26 will be held at Harvard Law School, Office of Career Services, Wasserstein Hall 4020

November 27: 9:00 a.m. to 1:00 p.m. – at the i-Lab

If you are interested in finance, alternative investments and hedge funds, be sure to schedule an appointment with Mr. Scaramucci who heads SkyBridge Capital, with approximately $6.7 billion in total assets under advisement. In addition to his very successful business career, Mr. Scaramucci also served as an adviser to the movie Wall Street 2: Money Never Sleeps.

SkyBridge Capital is one of the world’s leading alternative asset managers with approximately $6.7 billion in total assets under advisement. Prior to founding SkyBridge in 2005, Mr. Scaramucci was a co-founder of Oscar Capital Management, which was sold to Neuberger Berman, LLC in 2001 after building a managed account business and four hedge funds having in aggregate more than $800 million of assets. Upon Neuberger Berman’s sale to Lehman Brothers in 2003, he served as a Managing Director in their Investment Management Division. Previously, he was at Goldman Sachs & Co., where in 1993 he became a Vice President in Private Wealth Management. He is also the author of Goodbye Gordon Gekko: How to Find Your Fortune without Losing Your Soul. Mr. Scaramucci will be signing copies of his book – which he will be happy to provide to students who meet with him.

To schedule an appointment with Anthony, send an email to Kate Range (krange@harvard.edu) with the name of the expert with whom a meeting is requested. Please also provide a very brief description of your startup, or a brief bio of yourself and the type of issue you’d like to discuss with him. If open hours exist at the time of the email, Kate will book a time for you, and email you to confirm your appointment.

Neil Flanzraich ’65, will be on campus next week on November 26 and 27 as an Expert-in-Residence.

November 26: 10 a.m. to 2:30 p.m. – at the i-Lab – at the i-Lab
November 27: 10 a.m. to 3:oo p.m. -- NOTE: Hours on 11/27 will be held at Harvard Law School, Office of Career Services, Wasserstein Hall 4020

If you are interested in launching a start-up involving fast food, real estate or investing, or a career in biotech or healthcare, or just want practical and invaluable business advice, be sure to schedule a meeting with Mr. Flanzraich.

Flanzraich is the Executive Chairman of Kirax Corporation and the Executive Chairman of ParinGenix, Inc., both of which are privately owned biotech companies. He previously served as the Vice Chairman and President of Ivax Corporation, an international pharmaceutical company, which was sold to Teva in 2006 for an enterprise value of $10 billion. Currently, Flanzraich is a member of the boards of directors of Chipotle Mexican Grill, Inc. and Equity One, Inc. He is also Chairman of the Board of MDW Insurance Group and Chairman of the Advisory Board of The Wolfsonian-FIU, a museum, library, and research center. Aside from his extensive business and investing experience, Mr. Flaznraich also chaired the Life Sciences Legal Practice Group of a national law firm. Flanzraich graduated from Harvard College (magna cum laude, Phi Beta Kappa) and from Harvard Law School (magna cum laude).

To schedule an appointment with Neil, send an email to Kate Range (krange@harvard.edu) with the name of the expert with whom a meeting is requested. Please also provide a very brief description of your startup, or a brief bio of yourself and the type of issue you’d like to discuss with him. If open hours exist at the time of the email, Kate will book a time for you, and email you to confirm your appointment.

Michael Fertik will be on campus on December 3 and 4 as an Expert-in-Residence.
December 3: Times TBA
December 4: Times TBA

If you are interested in startups or businesses involving the internet, privacy, personal reputation or simply effective and innovative startup practices, be sure to schedule a meeting with Mr. Fertik.

Fertik is a serial entrepreneur; he is the CEO and founder of Reputation.com. He founded Reputation.com with the belief that businesses and individuals have the right to control and protect their online reputation and privacy. Credited with pioneering the field of online reputation management (ORM), Fertik is lauded as the world's leading cyberthinker in digital privacy and reputation. Fertik founded his first Internet company while at Harvard College. He also received his J.D. from Harvard Law School.

To schedule an appointment with Michael, send an email to Kate Range (krange@harvard.edu) with the name of the expert with whom a meeting is requested. Please also provide a very brief description of your startup, or a brief bio of yourself and the type of issue you’d like to discuss with him. If open hours exist at the time of the email, Kate will book a time for you, and email you to confirm your appointment.

Attention HLS students interested in the Cyberlaw Clinic: Clinical Registration for 2012-2013 is currently underway!

ashar — Thu, 29 Mar 2012 11:12:25 -0400

Clinical Registration

Clinical registration for fall, winter, and spring clinics during the 2012-2013 academic year is now underway and runs through MONDAY, APRIL 2, 2012 at 11:59 PM (EDT). Detailed information about clinical registration is available here. Results of the clinical registration process will be available on THURSDAY, APRIL 5, 2012 at 5:00 PM (EDT).

About the Cyberlaw Clinic

HLS students interested in legal issues relating to technology and the Internet are encouraged to register for the Cyberlaw Clinic, which is based at Harvard's Berkman Center for Internet & Society. The Cyberlaw Clinic engages students in a wide range of real-world litigation, licensing, client counseling, advocacy, and legislative projects and cases, covering a broad spectrum of Internet, new technology, and intellectual property issues. The Clinic provides high-quality, pro-bono legal services to appropriate individuals, small start-ups, non-profit groups, and government entities. The Clinic was the first of its kind, and it continues its tradition of innovation in its areas of practice.

The Clinic’s work includes counseling and legal guidance regarding complex open access, digital copyright, and fair use issues; litigation, amicus filings, and other advocacy to protect online speech and anonymity; legal resources and advice for citizen journalists; licensing and contract advice, especially regarding Creative Commons and other “open” licenses; advising on innovative uses of technology to increase citizens' access to justice; and drafting amicus briefs, motions, and training materials in the areas of child pornography and youth online safety.

Representative Cyberlaw Clinic Projects

Examples of Clinic projects from recent years include:

drafted amicus briefs on behalf of coalitions of media organizations in cases involving online speech, access to government records, the intersection between intellectual property law and First Amendment protections, and state Anti-SLAPP statutes;
collaborated with the Harvard Innovation Lab on a legal workshop regarding intellectual property and legal liability and on efforts to promote alternative business and licensing models to entrepreneurs;
represented innovative cameras-in-the-courtroom project in opposition to efforts to restrain reporting on public proceedings;
work with a Massachusetts judge directing a statewide initiative to increase public access to justice and the courts, particularly by unrepresented, indigent or underprivileged citizens, focusing on use of technology to increase access to justice;
advised research and advocacy organization on open source licensing options for software tool;
responded to cease-and-desist letters on behalf of individuals and organizations accused of defamation online;
counseled non-profit online startup that promotes responsible consumer behavior about liability and immunity under Section 230 of the Communications Decency Act;
drafted motion to quash subpoena seeking the identity of an anonymous blogger;
assisted with preparation of Internet Safety Technical Task Force report, advising state attorneys general nationwide about online child safety and child exploitation;
drafted website terms of use, privacy policy, and content licenses for music website; and
conducted research and prepared legal briefs for local, state, and federal prosecutors on issues concerning child protection and digital evidence.

Enrollment Criteria and Related Courses

Fall and spring term students may opt to enroll for two, three, or four credits and must work an average of five hours per week per credit for which they are enrolled. Winter term students receive two credits for 120 hours of clinical work during the term in January. The Clinic strongly encourages students to enroll for three credits during the fall and spring to ensure the fullest experience, but two credits are acceptable if that is all a student’s schedule will allow.

Students must have previously completed or concurrently take at least one of the following classes in order to enroll in the Clinic: Controlling Cyberspace; Copyright; Cybercrime; Cyberlaw and Intellectual Property: Advanced Problem Solving Workshop; Ideas for a Better Internet; Intellectual Property in the Digital Environment; Music and Digital Media; or Practical Lawyering in Cyberspace. Students must enroll in the class separately from the clinic enrollment.

More Information About the Cyberlaw Clinic

If you would like more information about the Cyberlaw Clinic, please contact Clinical Professor Phil Malone (pmalone@cyber.law.harvard.edu), Clinical Instructor Christopher Bavitz (cbavitz@cyber.law.harvard.edu), or Clinical Instructional Fellow Christopher Walsh (cwalsh@cyber.law.harvard.edu).

Berkman Buzz: March 16, 2012

rheacock — Fri, 16 Mar 2012 17:18:51 -0400

The Berkman Buzz is selected weekly from the posts of Berkman Center people and projects.
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danah boyd explores the role of youth in spreading 'Kony 2012'

The stories that Invisible Children create in their media put children at the front and center of them. And, indeed, as Neta Kliger-Vilenchik and Henry Jenkins explain, youth are drawn to this type of storytelling. Watch Kony 2012 from the perspective of a teenager or college student. Here is a father explaining to a small child what’s happening in Africa. If you’re a teen, you see this and realize that you too can explain to others what’s going on. The film is powerful, but it also models how to spread information. The most important thing that the audience gets from the film is that they are encouraged to spread the gospel. And then they are given tools for doing that. Invisible Children makes it very easy to share their videos, republish their messages on Facebook/Twitter/Tumblr, and “like” them everywhere. But they go beyond that; they also provide infrastructure to increase others’ attention.

From danah boyd's blog post, "The Power of Youth: How Invisible Children Orchestrated Kony 2012"
About danah boyd | @zephoria

I discussed "slacktivism" w/ Arab activists in Tunisia. They asked me if academics were all crazy as "slacktivism" was so helpful to them.
—Zeynep Tufekci (@techsox)

The metaLAB reviews Bear 71, an interactive nature documentary

Bear 71 isn’t your grandfather’s grizzly. She knows the name of the drug that tranquilized her, knows too about Zoloft and Viagra, knows that her radio collar broadcasts in the VHF range. She can tell you that a rubber bullet is traveling 650km/hr at 100 feet. She reports that Canmore, near Banff in Alberta, gets five million tourists a year. She knows about the fate of Martha, the last passenger pigeon, and the prospect of bringing the species back through genetic engineering. And she knows that the creatures capable of making this happen are also capable of forgetting to close the lid on a garbage can. Finally, she knows that she’s the eponymous narrator of Bear 71 by Leanne Allison and Jeremy Mendez, The latest work from National Film Board of Canada Interactive.

From Matthew Battles's post for metaLAB, "Interactive documentary and the wild, wired world "
About metaLAB | @metalabharvard

CMLP's Arthur Bright celebrates the end of Righthaven

If there is a polar opposite to organizations like ours, it is the intellectual property troll. And in the IP troll heirarchy, one of the trolliest has long been Righthaven, the self-described "pre-eminent copyright enforcer" that sued hundreds of bloggers and other Internet denizens apparently as part of its business model. If the DMLP, the EFF, Public Citizen, and the like are the Justice League, Righthaven would be in the Secret Society of Supervillians.

So it is with no small amount of glee I pass along the news that Righthaven appears to have finally run down the curtain and joined the choir invisible.

From Arthur Bright's blog post for the Citizen Media Law Project, "Righthaven is no more! It has ceased to be! It's expired and gone to meet its maker!"
About the Citizen Media Law Project | @citmedialaw

Mayo Fuster Morell explores a new text on hacker ethics

Comunes is a non-profit collective (mainly based in Madrid but with an international community) dedicated to facilitating the use of free/libre web tools and resources to collectives and activists alike, with the hopes of encouraging the Commons. I very much enjoy their approach and think are doing a great job.

This last week Comunes released a text under the name “Hack for your Rights: Hacker ethics understood as a simultaneous and global game in the search for structural changes in any area of society”. In their terms: “Our intention in this text is to extrapolate some ideas extracted from struggles and conquests in the digital world, and apply them in the search for change in other areas of our society”. In doing so, they points to Wikipedia and the free software projects as examples of “winning”. To then encourage that anyone can be a “hacker”, meaning anyone can act to transform society. To end up arguing that “To oppose is not enough; neither can we do just anything”. Here is my reaction to the text.

From Mayo Fuster Morell's blog post, "Wikipedia and Free Software communities: Extracting lessons for bringing into reality our dreams without idealizing them"
About Mayo Fuster Morell | @lilaroja

I just uploaded "Buying Votes" on Vimeo: http://t.co/UEgxRVKi
—Larry Lessig (@lessig)

The Cyberlaw Clinic: Mass. SJC rules in favor of OpenCourt project

In an important victory for freedom of speech, the Massachusetts Supreme Judicial Court issued a decision today in two related cases, Commonwealth v. Barnes and Commonwealth v. Diorio. The cases concerned WBUR‘s OpenCourt project, and the Court’s decision follows a long line of precedent in holding that courts generally may not restrain media organizations or others that attend public court proceedings from reporting on those proceedings. The Cyberlaw Clinic had the privilege to serve as co-counsel to OpenCourt in both cases, alongside Larry Elswit of Boston University’s Office of General Counsel. Jeff Hermes of the Digital Media Law Project (a frequent Clinic collaborator and a project, like the Clinic, based at Harvard’s Berkman Center for Internet & Society) serves on OpenCourt’s advisory board.

From the Cyberlaw Clinic's blog post, "Mass SJC Rules in Barnes and Diorio, Rejecting Prior Restraints on Speech and Supporting Right to Stream and Archive Court Proceedings Online"
About the Cyberlaw Clinic

After Kony 2012, “What I Love About Africa” Reclaims Narrative

While the Kony 2012 campaign certainly received the attention it sought, many Ugandans and Africans felt its message lacked the nuance required by context, and was more focused on raising funds for the organisation's own survival rather than empowering the people affected by the conflict.

Furthermore, many African citizens felt that once again, the narrative of a highly publicized story about Africa centered on a negative story and neglected the upwards trends the continent has been witnessing.

As a counter measure, many people started posting stories on Twitter about “what they love about Africa” with the hash tag #WhatILoveAboutAfrica.

The initiative, spearheaded by Semhar Araia, a blogger at the Diaspora African Women Network (DAWNS), started to trend worldwide on Twitter on March 13, 2012.

From Lova Rakotomalala's blog post for Global Voices Online, "After Kony 2012, “What I Love About Africa” Reclaims Narrative"
About Global Voices Online | @globalvoices

This Buzz was compiled by Rebekah Heacock.

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Congrats to OpenCourt and Berkman's Cyberlaw Clinic on Favorable 1st Amendment Decision from the MA Supreme Judicial Court

rtabasky — Wed, 14 Mar 2012 16:31:22 -0400

DMLP Advocates Protection for Uses of Trademarks in Critical Speech Online Before Massachusetts Appeals Court

ashar — Fri, 27 Jan 2012 10:51:39 -0500

The Digital Media Law Project (DMLP), assisted by Harvard Law School’s Cyberlaw Clinic, last week asked the Massachusetts Appeals Court to reject a claim of trademark infringement based on the use of a company’s name in metadata on a web page containing speech about that company.

DMLP submitted an amicus curiae brief (PDF) to the Massachusetts Appeals Court in the case of Jenzabar, Inc. v. Long Bow Group Inc. The case concerns a website operated by defendant Long Bow Group, Inc., in connection with a documentary film it produced. The film examines the 1989 protests in Tiananmen Square and the protest movement’s student leaders, including the founder of plaintiff, Jenzabar. Long Bow includes the word “Jenzabar” in a web page’s URL and other metadata. In its complaint, Jenzabar alleged that Long Bow defamed the company. It also claimed that – by using the name “Jenzabar” in web page metadata – Long Bow infringed the company’s trademark rights. The Massachusetts Superior Court dismissed the defamation claims and granted summary judgment in favor of Long Bow on the trademark claims. Jenzabar appealed the court's rejection of its trademark claims.

DMLP submitted its friend of the court brief urging the Appeals Court to uphold several fundamental legal principles, including protecting critical speech online and preventing the misuse of trademark law in a distinctly non-trademark context to impede the free flow of information. The use of a trademark to identify the subject of critical commentary is protected by the First Amendment, especially in cases like this one that involve purely communicative uses of trademarked names to convey information. Traditional trademark analysis can lead to lengthy and costly litigation, the brief notes, threatening the free speech rights of parties without resources to defend against frivolous claims.

DMLP points out in its brief that the use of company names in metadata is standard practice for multinational media organizations, citizen journalists, and website operators alike. To block a website operator from using a trademark to identify the subject matter of an online article or to optimize pages for search threatens to expel critical speech to the “hinterlands of the Internet.”

"The Massachusetts Appeals Court has the opportunity to confirm the proper limits of intellectual property doctrines such as trademark law,” said DMLP's Director, Jeff Hermes. “Trademarks cannot be used to make an end run around the protections for critical expression offered by the First Amendment and the Massachusetts Declaration of Rights."

DMLP was represented on the brief by the Cyberlaw Clinic. DMLP and the Cyberlaw Clinic are both based at Harvard University’s Berkman Center for Internet & Society, an organization dedicated to studying the development of cyberspace. DMLP regularly contributes to amicus curiae briefs in cases with important implications for online speech, journalism, and the public good that are of direct interest to all members of the news media and, indeed, the public as a whole. Cyberlaw Clinic students Michael Hoven and Andrew Pearson drafted the brief, with assistance from Clinic student Alan Ezekiel, alongside DMLP Director Jeff Hermes, DMLP Staff Attorney Andy Sellars, and Cyberlaw Clinic Assistant Director Christopher Bavitz.

About the Digital Media Law Project

The Digital Media Law Project (formerly the Citizen Media Law Project) endeavors to serve as a catalyst for creative thinking about the intersection of law and journalism on the Internet. Through the project’s website, http://www.citmedialaw.org, the active engagement of lawyers and scholars, and occasional sponsored conferences, project staff are working to build a community of lawyers, academics, and others who are interested in facilitating citizen participation in online media and protecting the legal rights of those engaged in speech on the Internet. The DMLP also operates the Online Media Legal Network, a nationwide legal referral organization for online journalists and digital media creators.

About the Harvard Law School Cyberlaw Clinic

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world litigation, licensing, client counseling, advocacy, and legislative projects and cases, covering a broad spectrum of Internet, new technology, and intellectual property legal issues. The Clinic was the first of its kind, and it continues its tradition of innovation in its areas of practice. Among many other areas, the scope of the Clinic’s work includes counseling and legal guidance regarding complex open access, digital copyright, and fair use issues; litigation, amicus filings, and other advocacy to protect online speech and anonymity; legal resources and advice for citizen journalists; licensing and contract advice, especially regarding Creative Commons and other “open” licenses; and guidance and amicus advocacy for effective but balanced protection of children in the areas of social networking, child pornography, and online exploitation. More information can be found at http://cyber.law.harvard.edu/clinical.

Additional Links

Opportunity: Clinical Instructional Fellow, Cyberlaw Clinic

rtabasky — Thu, 15 Dec 2011 15:05:32 -0500

February 22, 2012 update: We are no longer accepting applications for this position.

The Berkman Center for Internet & Society at Harvard University seeks a Clinical Instructional Fellow to join our Cyberlaw Clinic team.

The official human resources language is below, followed by additional context and information.

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Clinical Instructional Fellow

Duties & Responsibilities

Reports to the Director of the Harvard Law School Cyberlaw Clinic, based at Harvard’s Berkman Center for Internet & Society.

The Clinical Instructional Fellow’s (Fellow’s) primary responsibility will be to assist the Clinic’s Director and Clinical Instructors in supervising, managing and mentoring students as they represent clients in a variety of challenging cyberlaw cases and matters, including in the areas of new media and online speech; transactional, licensing, and online liability questions; copyright, fair use, trademark and other intellectual property issues; startups, entrepreneurship and emerging technology; privacy and security; cybercrime; and youth online safety, among others. The Fellow’s practice will include considerable work helping represent and advocate for the First Amendment interests of online speakers and others who host and provide content online and otherwise engage in free expression online, among other areas.

The Fellow also may assist in overseeing student preparation of amicus briefs, comments and other filings in cases involving significant First Amendment, online speech and media law, IP, and technology policy issues.

The Fellow, under the close supervision of the Clinic’s Director and Clinical Instructors, will meet regularly with students to prepare and strategize in connection with the students’ casework, observe students in client interactions, review students’ written and other work product, provide regular and detailed feedback to students on their projects and performance, deliver instruction in basic legal skills and Internet-related practice, and ensure professional, high-quality representation of Clinic clients.

The Fellow will also assist in developing new Cyberlaw Clinic cases and clients, particularly in the transactional, licensing, startup and IP/technology counseling areas, and in maintaining relationships with existing clients and external partners such as government agencies, advocacy organizations, startups, and law firms.

The Fellow will play a substantial role in assisting the Director and Clinical Instructors in managing various administrative aspects of the Clinic’s practice and operation.

The Fellow will be part of the intellectual community at the Berkman Center and will have the opportunity to attend workshops and conferences at the Center and at Harvard Law School. The Fellow will have frequent opportunities to expand his/her knowledge of technology and law and the opportunity to use a limited amount of time to pursue his or her own research or scholarship. The community of fellows at the Center includes wide range of people working on issues related to Internet and society, including scholars, practitioners, innovators and others committed to understanding and advancing the public interest. The Berkman Center fellowship program aims to encourage and support fellows in an inviting and rigorous intellectual environment, with community activities designed to foster inquiry and collaboration.

The Clinical Instructional Fellow position is a benefit-eligible, full-time position ending no later than December 31, 2013.

Basic Qualifications

Candidates must have a Juris Doctor degree and be admitted to the Massachusetts bar. Two to three years legal-practice experience with significant internet/technology and/or relevant intellectual property law background is required.

Additional Qualifications

Expertise in the areas of online transactional/licensing law, start-up (both for-profit and non-profit) legal assessment and advising, is preferred, as is experience with legal issues relating to the First Amendment, new media, and online speech. Previous experience in a clinical legal setting or the direct supervision and mentoring of young attorneys is highly desirable. A strong technical background or prior technical experience is advantageous but not required. Candidates should be energetic and passionate about working on a variety of cyberlaw, technology policy and IP cases and projects. Top academic credentials, superior writing and verbal skills, sound judgment, exceptional ethical standards, and proven abilities in interpersonal communication, supervision, and team building are required.

Additional Information

The following materials should be submitted with your online application:
* A short statement (no more than 1000 words) describing relevant experience;
* Resume;
* Writing sample (10 – 15 pages preferred);
* List of at least three references; and
* Law school transcript

Commitment to Diversity

The work and well-being of the Berkman Center for Internet & Society at Harvard University are strengthened profoundly by the diversity of our network and our differences in background, culture, experience, national origin, religion, sexual orientation, and much more. We actively seek and welcome applications from people of color, women, the LGBTQ community, and persons with disabilities, as well as applications from researchers and practitioners from across the spectrum of disciplines and methods. The roots of this deep commitment are many and, appropriately, diverse. We are not nearly far enough along in this regard, and we may never be. It is a constant process in which there remains much to learn. We welcome your inquiries, comments and ideas on how we may continue to improve.

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What is the Berkman Center for Internet & Society?

The Berkman Center for Internet & Society is a research center founded at Harvard Law School in 1997. Now a university-wide center, it serves as the locus for a network of Harvard and other faculty, students, fellows, lawyers, entrepreneurs, and others working to identify and engage with the challenges and opportunities presented by the Internet. The Center is devoted to research and teaching on issues at the intersection of emerging technologies, law, public policy, industry, and education and to the development of dynamic approaches and rigorous scholarship that can affect and support the public interest.

What does the Cyberlaw Clinic do?

The rapid expansion of the Internet during the 1990s and the increasing ability of individuals and organizations to locate and retrieve content online had two important and related effects relevant to the law school clinical model. First, it allowed a wide range of users to obtain and share information at an extraordinary rate. Second, it posed enormous challenges to existing legal regimes in areas such as intellectual property, speech, and privacy. Whereas some could afford to pay for high-quality legal services in the emerging area of “cyberlaw,” the need for free or low-cost legal service organizations to meet the needs of individuals, academics, startups, and others was apparent. At the same time, students graduating from law schools in the late-1990s and early-2000s were increasingly expected by their employers, clients, and others, to come to the workforce prepared to grapple with complex questions relevant to organizations, businesses, and individuals that operate in an online world. The importance of legal issues relevant to the Internet was clear even in areas of practice with no apparent connection to the web, as questions about the intersection technology and law (including laws relating to contracts, intellectual property, jurisdiction, privacy, and speech) impacted virtually everyone.

The Cyberlaw Clinic was born of the need to serve these two constituencies -- prospective clients and students -- and a central aim of the Clinic remains balancing the provision of top-notch legal services to Clinic clients with teaching and pedagogy geared toward students. The Clinic offers HLS students a unique opportunity to engage directly with the practice of law as it relates to the Internet, technology, and new media. It does so by providing high-quality, pro-bono legal services to appropriate individuals, small start-ups, non-profit groups, and government entities regarding cutting-edge issues of the Internet, new technology, and intellectual property. Consistent with the needs of its clients and the interests of its students, the Clinic's practice covers a wide variety of types of work and a broad range of substantive areas of the law.

To apply

More information and the official Harvard Human Resource position listing can be found online, and applications must be submitted through the official Harvard channels described at the listing: <https://sjobs.brassring.com/1033/asp/tg/cim_jobdetail.asp?jobId=843447&PartnerId=25240&SiteId=5341&type=mail&JobReqLang=1&recordstart=1&JobSiteId=5341&JobSiteInfo=843447_5341&gqid=0>

OpenCourt on Transparency in the Court

djones — Tue, 29 Nov 2011 14:27:39 -0500