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. In the nine months since it launched, more than 13,000 people have accessed the dashboard. 1 In November 2015 we announced exciting developments for our pioneering Chilling Effects project, including new international partnerships and a name change to “Lumen.” Launched 15 years ago, the Lumen database is the definitive source for worldwide requests to remove content from the Internet; it currently hosts approximately four million notices submitted from companies such as Google, Twitter, and Wikipedia, referencing more than 1.9 billion URLs. On average, more than one million people from more than 190 countries visit the database every month. In January 2016 we released Amber, a free open source tool that preserves content and prevents broken links, to the public after months of beta testing. Within six months the software had been downloaded over 1,500 times. When installed on a blog or website, Amber can take a snapshot of the content of every linked page, ensuring that even if those pages are interfered with or blocked, the original content will be available. Amber extends the mission of Perma, a project of the Library Innovation Lab at the Harvard Law School Library that helps scholars, courts, and others create web citation links that will never break. More than 300 universities, libraries, and organizations have contributed more than 100,000 cited resources to the Perma service, which was honored with a Webby award in 2015. We study. We have continued to leverage research, expertise, and convening power to deeply and practically study hot-button issues and understand them in their structural context. Our entrepreneurial spirit this year has inspired us to pioneer new areas of study and seek to understand the complex topics of encryption, financial and Internet governance, and municipal Internet access. As part of the Berklett Cybersecurity project, we have informed the encryption debate. Launched in 2015, this project convenes a diverse group of experts from academia, civil society, and the US intelligence community to explore and evaluate the roles and responsibilities of the US government in promoting cybersecurity. To date, the project has convened six meetings and published an influential report, “Don’t Panic: Making Progress on the ‘Going Dark’ Debate,” which distilled the group’s conversations on the claims and questions around the FBI sounding alarms that the surveillance landscape is “going dark” due to the introduction of strong encryption and other warrant-proof technologies into mainstream consumer products. The report, which received widespread media attention and has been downloaded more than 100,000 times, has generated multiple interactions with law enforcement officials, key White House staff, elected officials on the Hill, and leaders of intelligence agencies abroad. The report continues to play a role as the broader discussion continues. The recently launched Digital Finance Initiative explores the legal and social impact of interoperable digital platforms for finance and property rights, including greater access for ordinary individuals to financial services and economic governance. It aims to help create transparency in the regulatory systems that govern finance and property, provide clarity, and offer guidance where there are gaps in our legal and social systems. Through knowledge-sharing workshops and discussions, the project fosters connections and collaborations that contribute to the Digital Knowledge Base, a curated database currently in development, to track scholarship, legislation, and regulatory activity in the shared ledger and digital finance communities. In March 2016, the Berkman Center was asked by the National Telecommunications & Information Administration of the United States Department of Commerce (NTIA) to serve on 2 an independent expert panel to conduct a thorough review and assessment of Internet Corporation for Assigned Names and Numbers (ICANN)’s CCWG Accountability Recommendations in order to determine the extent to which they comply with good governance principles. The review is part of ICANN’s transition of key Internet domain name functions stewardship to the global stakeholder community. We are pleased to have completed this report, which will be released in July 2016, together with NTIA’s broader report about the transition. Our Municipal Fiber Initiative is also working to help municipalities—initially in Massachusetts, where very few municipalities have tried to provide Internet access—understand and seize opportunities in sensible, incremental ways. The project aims to document the experiences of municipalities, convene municipal leaders for information sharing, and catalyze sensible regional efforts in the public interest. Since its launch in 2015, the project has released three case studies, the most recent of which, “WiredWest: Cooperative of Municipalities Forms to Build a Fiber Optic Network,” was covered by regional media including the Boston Globe and WBUR. Among other things, the study looks at why many towns still lack high-speed Internet access, despite a government-funded fiber optic network aimed at bringing broadband to places the private sector has avoided. We educate. We have continued our dedication to education, facilitating new ways of learning both inside and outside the classroom. Not only have our faculty and affiliates taught and mentored across the University and beyond the gates of Harvard, we have continued to build platforms to facilitate new ways of learning. The Digital Problem-Solving Initiative (DPSI) is an innovative, collaborative project, supported by the Dean of Harvard Law School and the President of Harvard University, that brings together students from Harvard College, faculty, fellows, and staff to work on projects that address challenges and opportunities across Harvard University. DPSI offers participants a novel opportunity to engage with research, design, and policy relating to the digital world. This spring, more than 120 people participated in a series of six interactive workshops that DPSI hosted on topics such as online harassment and privacy, data visualization, and how to attract more people to computer science. The Center is also home to Harvard Law School’s Cyberlaw Clinic, which provides pro-bono legal services to appropriate clients on issues relating to the Internet, technology, and intellectual property. During the past year, nearly 60 students enhanced their preparation for high-tech practice and earned course credit by working on real-world litigation, client counseling, advocacy, and transactional licensing projects and cases. The Clinic strives to help clients achieve success in their activities online, mindful of (and in response to) existing law, and works with clients to shape the law’s development through policy and advocacy efforts. Recently, the Clinic contributed to comments related to the Digital Millennium Copyright Act (DMCA) safe harbor provisions, copyright’s anti-circumvention law, and drone registration requirements, as well as amicus briefs in cases dealing with topics such as the extraterritorial scope of the Fourth Amendment, First Amendment protections for those who post so-called “ballot selfies,” and copyright in standards and legal codes. CopyrightX is a hybrid, networked course that explores the current law of copyright through a combination of recorded lectures, assigned readings, weekly seminars, live interactive webcasts, and online discussions. Launched in 2013, the course is made up of online sections, affiliated 3 courses, and the Harvard Law School Copyright course. Harvard students serve as teaching fellows for the online sections, and lead their students in weekly realtime seminars and discussion in online forums