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.)

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Born Digital: Understanding the First Generation of Digital Natives

Based on original research and advancing new theories, leading internet and technology experts John Palfrey and Urs Gasser offer a sociological portrait of the 'Born Digital' generation, and explore how they are changing the meaning of privacy, revolutionizing conceptions of copyright, and navigating the tidal wave of information in the digital world.

Authored by
  • John Palfrey
  • Urs Gasser

1 Sep 2008

May 2008 Badware Websites Report

StopBadware.org analyzed over 200,000 websites found to engage in badware behavior, finding that over half of the sites were based on Chinese network blocks, with a small number of blocks accounting for most of the infected sites in that country. The report also identifies the 10 network blocks worldwide that contain the largest number of badware sites.

Authored by
  • StopBadware.org

23 Jun 2008

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Blown to Bits

Your Life, Liberty, and Happiness After the Digital Explosion

Is this utopia? Or the dawning of a 1984/Brave New World horror world? Whatever you call it, it’s happening. What kind of world are we creating? What will it be like to live there? Blown to Bits offers powerful and controversial answers to these questions–and give you the knowledge you need to help shape your own digital future, not let others do it for you. Building on their pioneering joint MIT/Harvard course, the authors reveal how the digital revolution is changing everything, in ways that are stunning even the most informed experts.

Authored by
  • Hal Abelson
  • Harry Lewis
  • Ken Leeden

16 Jun 2008

RealPlayer

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

Authored by
  • StopBadware.org

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 myshccommunity.com.

Authored by
  • StopBadware.org

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.

Authored by
  • Internet and Democracy
  • Mary Joyce

1 Dec 2007

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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.

Authored by
  • Internet and Democracy
  • Josh Goldstein

1 Dec 2007

Case Study: DRM-Protected Music Interoperability and eInnovation

This report – representing one of three case studies that are part of a transatlantic research project aimed at exploring the potential relation between ICT Interoperability and eInnovation – examines issues surrounding DRM interoperability within the context of music content.

Authored by
  • John Palfrey
  • Urs Gasser
  • eInnovation and ICT Interoperability

31 Oct 2007

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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.

Authored by
  • 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.

Authored by
  • 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.

Authored by
  • 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.

Authored by
  • 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.

Authored by
  • 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.

Authored by
  • 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.

Authored by
  • 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.

Authored by
  • Mary Rundle
  • Paul Trevithick

31 Jan 2007

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