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.)

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

Code20_Lessig.jpg

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.

Authored by
  • Lawrence Lessig

30 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.

Authored by
  • Eric Priest

1 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.

Authored by
  • Urs Gasser
  • Silke Ernst

1 Dec 2006

FreeWire

This application report reviews the FreeWire application, produced and distributed by FreeWireP2P.com.

Authored by
  • StopBadware.org

15 Nov 2006

Popcorn.net

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

Authored by
  • 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.

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

9 Aug 2006

Internet Filtering in Vietnam in 2005-2006: A Country Study

The Socialist Republic of Vietnam regulates access to the Internet by its citizens extensively, through both technical and legal means. This study by the OpenNet Initiative (ONI) finds that the Vietnamese state attempts to block citizens from accessing political and religious material deemed to be subversive along various axes.

Authored by
  • OpenNet Initiative

31 Jul 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.

Authored by
  • 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?

Authored by
  • Mary Rundle

19 Jun 2006

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