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A Symposium for John Perry Barlow
DUKE LAW & TECHNOLOGY REVIEW Volume 18, Special Symposium Issue August 2019 Special Editor: James Boyle THE PAST AND FUTURE OF THE INTERNET: A Symposium for John Perry Barlow Duke University School of Law Duke Law and Technology Review Fall 2019–Spring 2020 Editor-in-Chief YOOJEONG JAYE HAN Managing Editor ROBERT HARTSMITH Chief Executive Editors MICHELLE JACKSON ELENA ‘ELLIE’ SCIALABBA Senior Research Editors JENNA MAZZELLA DALTON POWELL Special Projects Editor JOSEPH CAPUTO Technical Editor JEROME HUGHES Content Editors JOHN BALLETTA ROSHAN PATEL JACOB TAKA WALL ANN DU JASON WASSERMAN Staff Editors ARKADIY ‘DAVID’ ALOYTS ANDREW LINDSAY MOHAMED SATTI JONATHAN B. BASS LINDSAY MARTIN ANTHONY SEVERIN KEVIN CERGOL CHARLES MATULA LUCA TOMASI MICHAEL CHEN DANIEL MUNOZ EMILY TRIBULSKI YUNA CHOI TREVOR NICHOLS CHARLIE TRUSLOW TIM DILL ANDRES PACIUC JOHN W. TURANCHIK PERRY FELDMAN GERARDO PARRAGA MADELEINE WAMSLEY DENISE GO NEHAL PATEL SIQI WANG ZACHARY GRIFFIN MARQUIS J. PULLEN TITUS R. WILLIS CHARLES ‘CHASE’ HAMILTON ANDREA RODRIGUEZ BOUTROS ZIXUAN XIAO DAVID KIM ZAYNAB SALEM CARRIE YANG MAX KING SHAREEF M. SALFITY TOM YU SAMUEL LEWIS TIANYE ZHANG Journals Advisor Faculty Advisor Journals Coordinator JENNIFER BEHRENS JAMES BOYLE KRISTI KUMPOST TABLE OF CONTENTS Authors’ Biographies ................................................................................ i. John Perry Barlow Photograph ............................................................... vi. The Past and Future of the Internet: A Symposium for John Perry Barlow James Boyle -
Annual Report Academic Year 2014-2015
Annual Report Academic Year 2014-2015 EXECUTIVE SUMMARY Last year’s 2013-2014 Berkman Center Annual Report outlined ideals to guide our work this academic year. Specifically, we sought to continue pioneering teaching and research with new, more sophisticated, and more integrative methodologies and partnerships. In the year that followed, the Center’s portfolio can be viewed in terms of three key areas of increased investment and attention that encompass these same goals. Since 1997, the Berkman Center has catalyzed dozens of projects and initiatives concerning the Internet in three areas of activity: 1) Law and Policy, 2) Education and Public Discourse, and 3) Access to Information. Updates and significant milestones related to each of these areas are described in the following sections of the Executive Summary. In additional to these three focal areas, the Berkman Center has continued to expand its collaboration across institutions and taken a leadership role in building a global research network through collaboration on projects and events. The Center also completed a rigorous revisioning and reimplementation of its organizational processes. Across and within the three areas of activity, platforms, privacy, and public discourse were at the core contexts of many of the Center’s activities in the past year, which were addressed and explored in its scholarship, technical innovations, collaborations, and communications. Platforms include the unowned Internet and World Wide Web itself along with organizations and companies that serve as conduits for online communications. Companies that offer network access (like ISPs) and online services (like cloud storage, email platforms, and social networks), and even government institutions that filter or moderate citizens’ access to content online, play a crucial role in intermediating online communications among individuals connected to the Internet. -
The Berkman Klein Center for Internet & Society
Annual Report Academic Year 2016–2017 Contents I. Part One: Report of Activities .............................................................................................. 3 A. Summary of Academic Year: 2016–2017 ........................................................................ 3 1. Executive Summary ..................................................................................................... 3 2. Research, Scholarship and Project Activities ............................................................... 5 3. Contributions to HLS Teaching Program .....................................................................63 4. Participation of HLS Students in Program Activities ....................................................65 5. Faculty Participation ....................................................................................................65 6. Other Contributions to the HLS Community ................................................................66 7. Law Reform and Advocacy .........................................................................................66 8. Connections to the Profession ....................................................................................67 Research ...........................................................................................................................67 The Future of Digital Privacy ..............................................................................................67 Executive Education: Digital Security for Directors and Senior Executives -
Viral Spiral Also by David Bollier
VIRAL SPIRAL ALSO BY DAVID BOLLIER Brand Name Bullies Silent Theft Aiming Higher Sophisticated Sabotage (with co-authors Thomas O. McGarity and Sidney Shapiro) The Great Hartford Circus Fire (with co-author Henry S. Cohn) Freedom from Harm (with co-author Joan Claybrook) VIRAL SPIRAL How the Commoners Built a Digital Republic of Their Own David Bollier To Norman Lear, dear friend and intrepid explorer of the frontiers of democratic practice © 2008 by David Bollier All rights reserved. No part of this book may be reproduced, in any form, without written permission from the publisher. The author has made an online version of the book available under a Creative Commons Attribution-NonCommercial license. It can be accessed at http://www.viralspiral.cc and http://www.onthecommons.org. Requests for permission to reproduce selections from this book should be mailed to: Permissions Department, The New Press, 38 Greene Street, New York,NY 10013. Published in the United States by The New Press, New York,2008 Distributed by W.W.Norton & Company,Inc., New York ISBN 978-1-59558-396-3 (hc.) CIP data available The New Press was established in 1990 as a not-for-profit alternative to the large, commercial publishing houses currently dominating the book publishing industry. The New Press operates in the public interest rather than for private gain, and is committed to publishing, in innovative ways, works of educational, cultural, and community value that are often deemed insufficiently profitable. www.thenewpress.com A Caravan book. For more information, visit www.caravanbooks.org. Composition by dix! This book was set in Bembo Printed in the United States of America 10987654321 CONTENTS Acknowledgments vii Introduction 1 Part I: Harbingers of the Sharing Economy 21 1. -
The Generative Internet
The Generative Internet The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Jonathan Zittrain, The Generative Internet, 119 Harvard Law Review 1974 (2006). Published Version doi:10.1145/1435417.1435426;doi:10.1145/1435417.1435426 Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:9385626 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA ARTICLE THE GENERATIVE INTERNET Jonathan L. Zittrain TABLE OF CONTENTS I. INTRODUCTION..............................................................................................................................1975 II. A MAPPING OF GENERATIVE TECHNOLOGIES....................................................................1980 A. Generative Technologies Defined.............................................................................................1981 1. Capacity for Leverage .........................................................................................................1981 2. Adaptability ..........................................................................................................................1981 3. Ease of Mastery....................................................................................................................1981 4. Accessibility...........................................................................................................................1982 -
Annual Report for Academic Year 2008-2009
Annual Report for Academic Year 2008-2009 Executive Summary As with other academic organizations at Harvard and beyond, the Berkman Center was deeply affected by the financial crisis. We adjusted to the challenging financial context by evaluating our core structure and functioning, streamlining our activities, tightening our budget, and intensifying our fundraising efforts. We sought to develop new efficiencies and partnerships to ameliorate the effects of the crisis and to produce the very best scholarship with impact. The 2008-2009 academic year built upon the momentum of Berkman@10, the Center’s tenth anniversary celebration and an inflection point in our evolution. This year saw Berkman step into its future as a University-wide and collaborative organization, with a focus on institution- building efforts, including reorganizing our fellows program, strengthening our core team’s integration with projects, and fundraising aggressively. These activities are foundational to our efforts to create multidisciplinary collaborations in support of substantial new methodologies and research, and the teaching and engagement they inform. A leadership change In January, longtime Berkman partner and Faculty Fellow Urs Gasser (formerly a professor of law at the University of St. Gallen in Switzerland) started in his new role as Executive Director, replacing John Palfrey, who was appointed Vice Dean, Library and Information Resources, at Harvard Law School in 2008. In active partnership with the Center’s steering committee and staff, Urs Gasser led the creation of a long-term strategic plan focused on our core functioning and response to the financial crisis. John Palfrey remains deeply involved as a faculty co-director and principal investigator, bringing us closer to the HLS library and to the rest of the University through his service on the Provost’s Committee on Social Science and other activities spanning Harvard. -
Alternative Facts in the Courts the Hon Justice Stephen Gageler AC*
Alternative Facts in the Courts The Hon Justice Stephen Gageler AC* This article reflects on how our legal system deals with the phenomenon of the assertion of alternative versions of a fact. When a party in litigation asserts the existence of a fact which another party disputes, the question for the tribunal of fact is not the abstract question of whether the fact exists. The question for the tribunal is whether it is satisfied that the fact has been proved to the requisite standard. The tribunal’s judgment is made inevitably under conditions of uncertainty and involves the formation of a subjective belief. That subjective belief is an “actual persuasion” that the asserted fact exists. And it is the subjectivity of fact-finding that allows us to understand why a different, probabilistic approach to fact-finding cannot be the measure or the goal of what our courts do. [J]ustice is but truth in action. … We must have not only a knowledge of facts, as a basis for doing justice; but we must have conditions under which truth may properly function. … We cannot expect to have justice done unless we have a mind that is free to act on such facts as may be presented.1 “ALTERNATIVE FACTS” On Sunday 22 January 2017, a new and evocative term entered mainstream English usage. How that occurred was as follows. On Friday 20 January 2017, the 45th President of the United States was inaugurated in a public ceremony on the West Front of the Capitol Building at the end of the National Mall in Washington, DC. -
Curriculum Vitae
H AUSER H ALL 410 • H ARVARD L AW S CHOOL • C AMBRIDGE, MA 02138 P HONE 617- 495- 0957 • E - MAIL TFISHER@ LAW. HARVARD. EDU W ILLIAM W. F ISHER III EDUCATION Ph.D., Harvard University (History of American Civilization), 1991 J.D., magna cum laude, Harvard Law School, 1982 B.A., summa cum laude, Amherst College (American Studies), 1976 HONORS Postdoctoral Fellowship, Center for Advanced Study in the Behavioral Sciences, Stanford, California (1992-1993) Danforth Postbaccalaureate Fellowship (1978-1982) Sears Prize, Harvard Law School (1977) PROFESSIONAL EXPERIENCE Wilmer Hale Professor of Intellectual Property Law, Harvard Law School, 2003-present Director, Berkman Center for Internet & Society, 2002-2014 Professor of Law, Harvard Law School, 1990-2003 Director, Harvard Program on Legal History, 1988-2002 Assistant Professor, Harvard Law School, 1984-1990 Law clerk to Justice Thurgood Marshall, United States Supreme Court, 1983-1984 Law clerk to Judge Harry T. Edwards, United States Court of Appeals, D.C. Circuit, 1982-1983 Teaching Fellow, History and Literature Department, Harvard College, 1978-1982 BOOKS The Canon of American Legal Thought (with David Kennedy) (Princeton University Press 2006) Promises to Keep: Technology, Law, and the Future of Entertainment (Stanford University Press 2004) Legal Reform in Central America: Dispute Resolution and Property Systems (with Martha A. Field) (Kennedy School of Government 2001) American Legal Realism (with Morton J. Horwitz and Thomas A. Reed) (Oxford University Press 1993) 1 - 1 - ARTICLES -
Harvard Law Library Project: Librarycloud: an Open Metadata Server
Nominee: Harvard Law Library Project: LibraryCloud: An Open Metadata Server Stanford Prize for Innovation in Research Libraries (SPIRL) Entry Nominator: Jonathan Zittrain, Vice Dean for Library and Information Resources, Harvard Law School; Professor of Law at Harvard Law School and the Harvard Kennedy School of Government; Professor of Computer Science at the Harvard School of Engineering and Applied Sciences; Co-founder of the Berkman Center for Internet and Society. Nominator’s Statement I am pleased to nominate LibraryCloud (http://librarycloud.harvard.edu) for the Stanford Prize for Innovation in Research Libraries. Libraries know far more than they’ve been able to make usable so far. For example, they can now see how the ideas in their materials are being discussed and appropriated, for many of those discussions are now done in the networked public. They also have rich usage metadata, much of which can be anonymized. They know which works have been put on reserve for courses and could know which ones are mentioned in syllabi in their own institution and institutions worldwide. Libraries thus can be far more involved in the development of the ideas and knowledge that their resources and services support. LibraryCloud is an open metadata server that enables libraries to make available to developers more of what libraries and their communities know. The aim is to enable and encourage libraries and unaffiliated developers to create applications that are highly useful to specific groups of users, and to make it easier for other sites to integrate library-based knowledge. LibraryCloud is designed to support a “virtuous circle” of metadata out to and back from a community. -
Annual Report Academic Year 2015-2016
Annual Report Academic Year 2015-2016 EXECUTIVE SUMMARY An interdisciplinary, University-wide center with a global scope, the Berkman Center has continued its unparalleled track record of leveraging exceptional academic rigor to produce real world impact during the 2015-2016 academic year. In last year’s Annual Report, we recognized how the Berkman Center has catalyzed dozens of projects and initiatives concerning the Internet in law and policy, education and public discourse, and access to information. This year, we have continued to push the edges of scholarly research, build tools and platforms that break new ground, facilitate new ways of learning both within the classroom and beyond, and foster active networks across diverse communities. Updates and significant milestones related to each of these thematic areas are described in the following sections of the Executive Summary. We build. We continued our method of learning by building, continuing to design, code, and construct. Our in-house team of developers help us translate research into action, converting raw ideas into practical tools and platforms. Specifically, this year the Berkman Center has shined in building tools that preserve and monitor access to information. One major project, Internet Monitor, aims to evaluate, describe, and summarize the means, mechanisms, and extent of Internet content controls and Internet activity around the world. In Fall 2015 at the World Economic Forum in Geneva, we launched the Internet Monitor Dashboard, a freely accessible tool that aims to improve information for policymakers, researchers, advocates, and user communities working to shape the future of the Internet by helping them understand trends in Internet health and activity through data analysis and visualization. -
Internet & Politics
Internet 2008& Politics MOVING December 10 & 11 PEOPLE MOVING IDEAS Sponsored by: ��������������������� Berkman Center for Internet & Society | Internet & Politics 2008 Design & Layout: Monica Katzenell www.mkdesignrocks.com Berkman Center for Internet & Society | Internet & Politics 2008 INTRODUCTION Internet technologies—whether deployed to entice voters, raise money, recruit and organize campaign workers, or coax voters to the polls—now infuse every step of the electoral process. This year’s edition of Internet & Politics, Moving People, Moving Ideas, will examine how digital technologies reshape the practice of campaigning and the movement of political information. We are bringing together an exceptional group of participants from various constituencies working at the intersection of technology and politics: campaign strategists, political activists and organizers, independent analysts, members of the media, academics, students, and more. Our goal is to meld theory, data, and practice, synthesizing diverse perspectives and experiences in order to facilitate learning and collaboration. In doing so, we will draw upon the unique expertise of the Berkman Center community, the Harvard University Institute of Politics, and the accomplished group of conference participants. Have digital information and communications tools enhanced critical elements of political strategy, such as leadership formation, community-building, and coordinated action? Are digital technologies influencing offline actions (for example, the ways campaigns contact -
2019 Harvard Legal Technology Symposium Mission
2019 HARVARD LEGAL TECHNOLOGY SYMPOSIUM MISSION The legal world is changing and evolving while technology is playing an increasingly important role in both the practice and study of law. The 2019 Harvard Legal Technology Symposium brings together an interdisciplinary and international community to think deeply about how technology can improve and shape the law at the largest student organized legal technology event in the world. During our two day event, we will be discussing three broad and interrelated themes: 1. How will technology impact legal practice? 2. How should legal education react to the increasing importance of legal technology? 3. How will technology change the legal career trajectories of practicing attorneys and law school graduates? Our Symposium will feature a number of panels and presentations that seek to generate knowledge related to these themes. All sessions will be filmed and made freely available on the web. In an effort to continue thinking about these topics, and to share the knowledge the Symposium generates with the world, we have partnered with the Harvard Law Record to publish a symposium issue magazine. Symposium participants are invited to submit written pieces of approximately 1000 words directly to The Record’s editorial team ([email protected]). The magazine will be made available both in print and electronic form later in the Fall and is intended for an interdisciplinary audience. 2019 HARVARD LEGAL TECHNOLOGY SYMPOSIUM AGENDA THURSDAY – SEPTEMBER 12 AUSTIN HALL ROOM 100 8:00 – 8:45 – REGISTRATION