Technology & the Law

Dylan Moses responds to a recent paper arguing that ML outputs lack 'speech certainty' - being identified with certainty by the speaker at the moment it's spoken - and that such…

A court in Germany found that Google was responsible for what its chatbots say in search summaries. This is the accountability we need.

Faculty Associate Mark Esposito and Bruno Sergi highlight the differences between Asian and European approaches to AI.

Why does US copyright law have a hard time determining when AI-generated works deserve copyright protection?

Affiliates Sanders and Schneier share in Senator Sanders' goals of establishing democratic control over AI companies and returning the rewards of AI valuations to the public.

"Despite [the internet's] importance, no doctrine of transit constrains states’ power to block or disrupt internet traffic that merely passes through their territory."

Visiting Scholar Alicia Solow-Niederman identifies "inter-regime doctrinal collapse," a source of legal strain by which the boundaries between information privacy law and…

BKC Affiliate Paul Fehlinger discusses how to better bridge the innovation, capital, and policy worlds.

"Plunkett believes parents can educate themselves about harmful online content and how easy it is for their children to access it ‒ whether intentionally or not."

Daria Onitiu, Faculty Associate Sandra Wachter, and Brent Mittelstadt consider the implications of the recast Energy Efficiency Directive.

Faculty Associate Petra Molnar details the surveillance culture of Kashmir.

Daji Landis, Faculty Associate Elettra Bietti, and alum Sunoo Park address security vs. interoperability arguments in antitrust and regulatory proceedings against Big Tech.

Foreign social media platforms are unique associational and speech infrastructures that should be treated differently from other foreign infrastructure, challenging the Supreme…

Chatrie v. United States might serve as a landmark decision on the Fourth Amendment in the digital age.

"The focus on using Infowars as a trademark for a publication at a particular domain name is likely fine."

Ifeoma Ajunwa proposes the Artificial Intelligence Act and the eponymous Commission.

Jonathan Zittrain compares today’s conflicts to tensions surrounding the early internet.

Petra Molnar details the latest developments in border technologies.

Faculty Associate Mark Esposito and Bruno S. Sergi chronicle the shifting legislative landscape about technology.

Co-Director Rebecca Tushnet discusses deepfake pornography in light of German lawmakers' debate.

Kate Klonick reflects on Secretary of State Marco Rubio's decision to issue a cable endorsing X as a tool of US diplomacy.

Co-Director Rebecca Tushnet argues that copyright law is ill-suited for settling disputes about generative AI and fair use.

Faculty Associate Mailyn Fidler "surfaces the phenomenon of cybersecuritization and offers a novel framework for analyzing and critiquing it."

BKC Co-Director Rebecca Tushnet weighs in on the Court's decision to throw out a copyright-infringement decision against Cox.

Affiliate and former BKC Fellow Dylan Moses asks how far the "potential" to invoke violence or harm can take us in regulating online prank content.

Faculty Associate Leah Plunkett argues that the spread of "brain rot" is being accelerated by AI.

Faculty Associate Yong Jin Park illuminates the ethical challenges wrought by VR-based social media, including users' autonomy over their digital representations. In a paper…

At best, cookie banners implement a regime of performative compliance.

Football players respond to the Administration juxtaposing clips of their best plays with footage of military strikes in Iran.

Faculty Associate Zahra Takhshid argues that LLMs should be governed by products liability law. In a paper for the Seton Hall Law Review, Takhshid suggests that courts move beyond…

Affiliates Nathan Sanders and Bruce Schneier remark on the Department of Defense's transition from Anthropic to OpenAI technologies.

Affiliate Alan Raul argues that ICE's aggressive approach to approaching citizens and non-citizens alike is prohibited by the Fourth Amendment's provision against unreasonable…

Faculty Associate Petra Molnar is among the authors of a new report from the Migration + Tech Monitor and the Refugee Law Lab.

A number of BKC community members gathered for a symposium on Faculty Associate Jon Penney's new book, Chilling Effects: Repression, Conformity, and Power in the Digital Age.

Faculty Associate Niva Elkin-Koren and coauthors argue against the conflation of memorization and copying, so a model's memorizing another doesn't necessarily indicate copyright…

AI "breaks" the law, in that the legal structures governing the technology fail to operate in clear, consistent, and principled ways.

In an interview with The Harvard Gazette, Faculty Co-Director Rebecca Tushnet explains the legal difficulties that AI deepfakes present.

ByteDance has struck a deal with a group of non-Chinese investors to loosen TikTok's ties to China, alleviating national security concerns relating to the app.

Mailyn Fidler tracks laws that criminalize tech-mediated behavior differently than similar behaviors performed without technology.

Jonathan Zittrain and a team of coauthors explore how legal rules, principles, and methods can be wielded to address problems with AI alignment.

Affiliate Marissa Gerchick (ACLU) and coauthors released a report demonstrating the utility of computational tools to analyze legislative trends.

Anupam Chander explains recent developments in President Trump's attempts to broker a deal transferring ownership and control of TikTok's US app to a group of investors.

Noah Giansiracusa joins WBZ NewsRadio's Bradley Jay for an accessible conversation about personalized pricing - what it is, when it's bad, and when it isn't.

Before addressing algorithmic pricing through legislation, we need to clarify exactly which features of it we dislike, argues Noah Giansiracusa.

Bruce Schneier and Nathan Sanders study the ways that AI has become imbued in American governance across all three branches.

Faculty Associate Mailyn Fidler responds to Stephen Koh's "Contested Criminalization."

Faculty Associate Evelyn Douek and Jameel Jaffer argue that executive control over TikTok threatens both First Amendment rights and national security.

Nathan Sanders and Bruce Schneier address the resurgent idea of state-level AI regulation.

Alex Pascal weighs in on the unlikelihood of the Trump Administration being able to pass strict youth-safety legislation.

Codirector Mark Wu was recently named Harvard's Henry L. Stimson Professor of Law.

Affiliate Dave Willner and Faculty Associated Evelyn Douek are quoted in a story about the State Department's actions towards denying visas to workers involved in content…

Nathan Sanders and Bruce Schneier liken rapid AI development to the social media boom of the past two decades.

"Governments must grapple with artificial intelligence (AI) and not simply consign its development and application to corporate entities," argue Bruce Schneier and Nathan Sanders…

Faculty Associate Kate Klonick and Alan Rozenshtein talk to Columbia law professor Tim Wu about Wu's new book, “The Age of Extraction: How Tech Platforms Conquered the Economy and…

Faculty Associates Larry Lessig and Bulelani Jili are among the amici curiae of a brief submitted to the US Supreme Court in Thaler v. Perlmutter, concerning an AI-generated work…

Jack Cushman joins the Pioneers and Pathfinders podcast, reflecting on his journey from programming to law school and on the skills that today's lawyers ought to hone to meet the…

Mailyn Fidler details the recent UN Cybercrime Convention, arguing that most analyses have overlooked the Convention's implications for global mutual legal assistance, regardless…

Maroussia Lévesque and coauthor Sacha Alanoca argue that, despite its espousing free market ideals, the deregulatory narrative is a misconception.

Faculty Associate Elettra Bietti, Friso Bostoen, and Alum Jacquelene Mwangi draw two principal lessons the proliferation of pro-competitive regimes in the African region.

Anupam Chander critiques the Administration's executive order propelling the sale of (some of) TikTok to a conglomerate of corporate interests.

Affiliate Bruce Schneier notes how the average person's personal threat model has shifted from concerns about corporate overreach to ones about government surveillance.

Anupam Chander considers regulations governing AI training in the US, EU, Japan, and China.

Faculty Associate Dasha Pruss and coauthor Jessie Allen argue that LLMs provide politically illegitimate modes of juridical decisionmaking because they truncate the possibility of…

Elettra Bietti weighs in on real estate brokerage Compass's suit alleging that Zillow's newly-implemented policy violates laws against anticompetitive behavior.

Sahana Udupa and coauthors explore regulatory efforts toward curtailing extreme speech on encrypted messaging platforms such WhatsApp.

Faculty Associate Aileen Nielsen and coauthors push against the legal community's "uncritical acceptance of the chat interface for LLM-assisted work," arguing that improved…

Alongside two coauthors, Bruce Schneier argues that the US government and semiconductor firms alike must enforce (and comply with the enforcement of) regulations.

Mark Esposito focuses on the data center as a new "battleground" as countries fear that cross-national data processing and storage could put their citizens' digital and economic…

Elettra Bietti argues that data plays an infrastructural role in the AI and digital platform economy.

Zahra Takhshid examines the legal potential of addressing torts committed via avatars, a particularly pressing issue given the emergence of the metaverse and spatial computing.

Petra Molnar details a disturbing new artificial intelligence platform - ICERAID.us - which "offers cryptocurrency rewards to users who upload photos of 'suspicious activity'…

Affiliate Bruce Schneier testifies before the House Committee on Oversight and Government Reform concerning DOGE's access to and use of Americans' data, reminding congresspersons…

Sahana Udupa explores the dark side of encrypted messaging apps, exploring how hateful messages (which she dubs "extreme speech") can flourish in such apps because smaller-scale…

"Trump’s push to 'eliminate silos' is being sold as a modernization drive against fraud and waste, but it is building the architecture of a digital dictatorship." Cyberlaw Clinic…

With Sacha Alanoca and Kevin Klyman, Affiliates Shira Gur-Arieh and Tom Zick “present a taxonomy to map the global landscape of AI regulation.”

Bruce Schneier and Nathan Sanders offer some optimistic reflections on the rise of AI-written legislation, though they concede that such AI use should be disclosed.

Scott Brennen and BKC Affiliate Zeve Sanderson warn about Congressional attempts to undermine states' ability to close the AI regulatory gap.

MuckRock hosted an online discussion among experts fighting for more meaningful transparency in the face of DOGE, including Clinical Instructor Mason Kortz.

Faculty Associate Mailyn Fidler examines how divergent international cybercrime laws reflect competing global visions of sovereignty and power.

"Treating AGI as a milestone for the development of transformative AI is seductive but misguided." Faculty Associate Arvind Narayanan and Affiliate Sayash Kapoor argue that AGI is…

Anupam Chander observes that the Trump Administration's seeming warmth toward Big Tech may have been a ruse.

Jon Penney and Nathan Matias offer commentary on a 2023 lawsuit filed against Meta which alleged that its social media platforms harm young users' mental health.

Faculty Associate Elissa Redmiles and coauthors conducted an empirical study evaluating non-experts' intuitions about AI-generated art and copyright law.

Dia Kayyali spoke to Petra Molnar and other experts to ascertain how the Trump administration is using AI for immigration enforcement.

Faculty Associate Petra Molnar warns that AI-driven visa revocation programs chill discourse and weaken civil society at large.

Virgilio Almeida and coauthors explore the (false) tension between regulation and innovation, arguing that democratic regulation can ensure that citizens have a role in shaping…

In a paper drafted in 2023-4, Chinmayi Arun argues that the most influential AI companies are shaping AI’s transnational legal order and regulatory discourse to protect their…

In a new paper, Maroussia Lévesque asks who controls AI regulation - and whether they're who we want in the driver's seat.

In a Harvard Law Review note, Affiliate Dylan Moses explores how generative AI challenges legal frameworks long relied on to manage platform liability, arguing that we can’t…

Magdalena Greco examines how the fragmentation of international law affects global health law, particularly in the context of the WHO's Pandemic Agreement negotiations. Greco…

BKC Director Mark Wu weighs in on the tensions between the US and Europe in the face of Trump's tariffs.

Jack Cushman gives readers a primer on Signal's privacy capabilities in light of the Atlantic's editor in chief being added to a group chat used by American leaders to plan…

Affiliate Sean Harvey examines the troubling rise of deepfakes, calling for stronger detection tools to curb their growing impact.

In a new book for Cambridge's Elements in the Economics of Emerging Markets series, Mark Esposito and coauthors explore the potential for using emerging technologies for inclusive…

Ethan Zuckerman and Evelyn Douek discuss the Supreme Court’s decision to uphold the TikTok ban

“Platforms’ content moderation of terrorism-related content currently sits at a troubling equilibrium,” writes Faculty Associate Evelyn Douek. She examines how the Supreme Court's…

Mason Kortz weighs in on whether the Arizona Supreme Court's experimental AI avatars will resonate with the Court's audience.

Affiliate Paul Fehlinger and Nicolas Colin argue that venture capital's shift toward policy engagement is critical but comes with risks.

Affiliate Chinmayi Arun reviews Ulises Mejias and Faculty Associate Nick Couldry's Data Grab: The New Colonialism of Big Tech and How to Fight Back, digging into the extractive…

BKC co-founder Jonathan Zittrain moderated a debate between Anupam Chander and Alan Rozenshtein about the possible threats to national security posed by TikTok.

RSM Visiting Scholar Eric Gilbert and coauthors argue that we need new laws to expedite the takedown of non-consensual intimate media (NCIM).

"This phenomenon can no longer be explained through the rubric of ‘surveillance capitalism’ since the point is not merely to make money by tracking what users do."

Anupam Chander argues that a national security approach to internet regulation is economically and politically risky.

Faculty Associate Dasha Pruss and Nedah Nemati argue that technological “alternatives” to incarceration extend psychological torture beyond prisons.

"The widespread adoption of smartphones, growing internet penetration, and the increasing sophistication of surveillance tools offer unprecedented opportunities for state and…

"The U.S. government has experienced what may be the most consequential security breach in its history—not through a sophisticated cyberattack or an act of foreign espionage, but…

"The question facing Americans isn’t whether government needs modernization – it’s whether they’re willing to sacrifice democracy in pursuit of Musk’s version of efficiency."

Technologies impact every aspect of migration, Petra Molnar writes, and are often used without proper regulation or regard for human rights.

Affiliates Bruce Schneier and Nathan Sanders warn of the risks posed by DOGE’s extreme approach to AI implementation.

Fellow Ben Brooks comments on responses to DeepSeek’s open-source R1 model.

Chinmayi Arun lays out AI's emerging legal order and shows how relying solely on domestic regulations is shortsighted.

RSM Visiting Scholar Allison Stanger advocates for regulatory guardrails in the AI landscape.

Faculty Associate Jon Penny argues that the law banning TikTok has failed.

Faculty Associate Ethan Zuckerman discusses the widening opinion gap between the country's politicians and its public.

Faculty Associate Kate Klonick discusses the Supreme Court's ruling on TikTok.

Bruce Schneier and Nathan Sanders detail the different ways that evolving AI technologies will be used in drafting legislation.

In a Q&A with Harvard Law Today, Rebecca Tushnet weighs in on Free Speech Coalition v. Paxton, a Texas case asking whether websites hosting sexual material can be required to…

Evelyn Douek vehemently disagrees with a federal court's ruling against TikTok.

Mark Esposito examines how governments around the world are beginning to deploy AI.

Asaf Lubin points out interstate inconsistencies in legal definitions of 'products,' and contrasts the US's and the EU's approaches to considering software as products.

Petra Molnar highlights how surveillance technology firms profit from harsh anti-immigration policies in the US, Canada, and the EU.

BKC affiliates and alumni are among the co-authors of a paper that envisions the future of the data economy.

Jasmine McNealy moderates a conversation exploring how technology can be a tool - though not a wholesale solution - in combatting the climate crisis.

Faculty Associate Aileen Nielsen and coauthors explore human-machine cooperation in legal practice, running an experiment "on the causal impact of machine assistance on the…

Leah Plunkett analyzes a proposed statute banning the app in the United States.

Ben Green and colleagues note disciplinary divides in the ways that computer scientists and legal experts translate law into code.

Larry Lessig calls for more direct governmental regulation of AI companies.

The dry spell in antitrust litigation appears to be ending.

Maria Xynou details the latest censorship campaign against OONI Explorer.

The Cyberlaw Clinic welcomes the SJC's holding that the BPD violated the law by refusing to turn over evidence of potential online racial profiling.

The Cyberlaw Clinic aided the Public Interest Patent Law Institute in filing comments stressing the importance of human inventorship and urging the USPTO to remain vigilant about…

A new book co-authored by Primavera De Filippi analyzes the reciprocal relationship between blockchain communities and politico-legal thought.

Leah Plunkett discusses the evolving legal landscape of children's data privacy, including a recent US Department of Justice suit against TikTok.

Lumen uncovered evidence of a coordinated and potentially automated fraudulent DMCA takedown campaign targeting articles about a Russian Olympian.

Ruth Okediji notes that the EU's AI Act codifies value differences between the EU and the US.

Elettra Bietti suggests that antitrust break-ups and regulation do not operate in conflict.

In a newly-published book, Samson Esayas offers concrete policy proposals to address the legal challenges of big data.

Zahra Stardust's new book is now available for pre-order from Duke University Press.

Anupam Chander discusses the SCOTUS NetChoice rulings and the ramifications of the opinions.

Harry R. Lewis crafts a view of the future of AI and humanity by reflecting on the past six decades of computer advancement.

Evelyn Douek and Genevieve Lakier explore the legal trope of falsely shouting fire in a crowded space.

BKC Senior Director of Programs and Strategy Lis Sylvan and former BKC Research Assistant Niharika Vattikonda summarize the Global Network of Internet and Society Research Center…

Dylan Moses and Elodie Vialle react to the DSA's 100 days.

Jasmine McNealy checks in with Justin Hendrix on her two day workshop touching on topics such as discrimination in algorithmic systems.

Ethan Zuckerman explains why he is seeking, with the Knight First Amendment Institute, a court ruling protecting the use of middleware apps that give users more agency over what…

Anupam Chander reacts to the new law that could ban TikTok, underlining the need for greater accountability in the US government's tech regulation.

Kendra Albert testified in front of the Copyright Office over the DMCA and a potential exemption that would apply to video games.

Micaela Mantegna argues that copyright law is ill-equipped to deal with generative AI.

The Cyberlaw Clinic testified before the Copyright Office on exemptions to §1201 of the Digital Millennium Copyright Act, which prohibits the circumvention of certain technical…

BKC Director Rebecca Tushnet explains the fair use doctrine of copyright.

Discussing her paper, Of Bass Notes and Base Rates: Avoiding Mistaken Inferences About Copying, BKC Director Rebecca Tushnet explains evidentiary challenges in copyright…

Cyberlaw Clinic Instructor Mason Kortz discusses the legal arguments, possible resolutions, and potential implications of the NYT v. OpenAI lawsuit.

BKC Fellow Bulelani Jili explores the role of technology in Africa-China relations.

BKC Director Rebecca Tushnet comments on familiar characters entering the public domain, losing copyright protection.

Florian Martin-Bariteau evaluates the Online Harms Act, a complex proposal to protect Canadians online.

BKC Affiliate Daniel Mwesigwa and Christopher Csíkszentmíhalyi reexamine appropriation in Human-Computer Interaction.

BKC Director Rebecca Tushnet comments on what First Amendment speech protections look like in online discussions.

2023-2024 RSM Visiting Scholar Anupam Chander provides insight on the content moderation cases before the Supreme Court this term.

BKC Faculty Associate David Wilkins discusses how generative AI may impact the legal practice.

Madhavi Sunder reviews Who Owns This Sentence?, which weaves through the history of copyright and grapples with key current issues.

BKC Faculty Associate Leah Plunkett coments on whether laws geared towards keeping children safe online will be enforceable.

2023-2024 RSM Visiting Scholar​​​​​​​ Anupam Chander comments on the feasibility of creating digital countries.

BKC Affiliate Tunde Okunoye contemplates what investment in digital identification projects in Africa may achieve—and who they may benefit.

Rebecca Tushnet comments on the Copyright Office's involvement in the determination of where AI fits into intellectual property laws.

The Cyberlaw Clinic, on behalf of the Software Preservation Network (SPN) and Library Copyright Alliance (LCA), sought to expand existing exemptions to allow for eligible memory…

Ruth Okediji discusses "Steamboat Willy" and protection of the public domain.

Anupam Chander spoke to Business Insider on the potential for generative AI to hold Big Tech responsible for online content. 

In a new Oxford University Press book, Virgilio Almeida delves into the increasing presence of algorithms in everyday decisions, exploring their social and political impacts…

Faculty Associate Ifeoma Ajunwa's book talk, The Quantified Worker: Law and Technology in the Modern Workplace, was discussed in Harvard Law School's Fall 2023 book event roundup.

Cyberlaw Clinical Instructor and Director of IfRFA Kendra Albert leads an amicus brief supporting free speech rights.

BKC Affiliate Bruce Schneier argues that AI is on track to reduce spying's current limiting factor: the need for human labor.

BKC Faculty Associate Larry Lessig interacts with ChatGPT, finding that it ChatGPT was both more forthright and more analytically astute about the tensions (and worse) in Supreme…

BKC Faculty Associate Leah Plunkett discusses the difficulties parents face when raising children in the internet age.

Faculty Director Jonathan Zittrain discusses AI regulation, moderating online communities, and the Applied Social Media Lab.

BKC Director Rebecca Tushnet comments on the copyright implications of A.I.-generated art.

BKC Faculty Associate Sameer Hinduja offers a deep dive into the sobering potential of generative AI tools to perpetuate online harassment at massive scale.

Madhavi Sunder and Haochen Sun explain how Intellectual Property protections impacted the COVID-19 pandemic and the development, availability, and distribution of the COVID…

Leah Plunkett is a Faculty Associate at the Berkman Klein Center and an expert in digital privacy law and digital life for kids, teens, and families.

The Harvard Cyberlaw Clinic and the Harvard Election Law Clinic have jointly submitted a response to the Federal Election Commission’s (FEC) request for comments about Artificial…

BKC Director Rebecca Tushnet joined the Hard Fork podcast to explain the latest developments in a lawsuit against the creators of AI image-generation tools.

BKC Senior Director of Programs and Strategy Lis Sylvan introduces Co-Designing Generative Futures, a collection of multidisciplinary transnational reflections and speculations…

Ruth Okediji moderated a Rappaport Forum on what's at stake with the rise of Artificial Intelligence.

Cyberlaw Clinical Instructor Alejandra Caraballo comments on how Twitter, now X, has become toxic for LGBTQ people since Elon Musk's takeover of the platform.

BKC Faculty Associate Petra Molnar joins the RefugeE Studies Center to discuss how the use of new technologies in immigration and asylum governance affect human rights. 

BKC Faculty Associate Larry Lessig speaks with The Verge's Nilay Patel about BKC's new Applied Social Media Lab and why AI and social media are causing a free speech crisis for…

Rebecca Tushnet explains that tradmark holders often make the argument that they have no choice but to try to enforce its trademark but this argument rarely holds water.

BKC Faculty Associate Salomé Viljoen and collaborator Amanda Parsons, explain why current laws are not well equipped to confront problems generated by the rise of informational…

BKC Director Rebecca Tushnet explains key issues in the writers' case against OpenAI and discusses some of the broader legal issues around emerging tech. 

BKC Director Rebecca Tushnet explains the harms of false advertising and the need for remedies. 

With the United Nations Human Rights Office, Lorna McGregor and Petra Molnar launched a study advocating for a human-rights based approach to digital border technologies. 

BKC Faculty Associate Sameer Hinduja discusses the challenge of regulating social media platforms to protect young people.

BKC Faculty Associate Ethan Zuckerman describes roadblocks to AI's continued training and learning. 

BKC Faculty Associate Leah Plunkett comments on the relationship between social media platforms and the harms that may occur on them.

BKC Director Rebecca Tushnet comments on accountability for software companies servicing multi-level marketing companies accused of being pyramid schemes. “Regulators take the…

BKC Faculty Associate Oren Bar-Gill and co-director of Artificial Intelligence and Law Project Cass R. Sunstein, co-write with Inbal Talgam-Cohen on addressing the potential harms…

Andrea Peña-Calvin, Jorge Saldivar, Javier Arroyo, and Samer Hassan provide insights on decentralized autonomous organizations (DAOs).

Harvard Law School and BKC announce a new initiative on AI and the law which will be directed by Harvard Law Professors Oren Bar-Gill and Cass R. Sunstein.

BKC Faculty Associate Ethan Zuckerman calls upon people to consider how technology is currently harming some groups and ways to end that harm. 

BKC Affiliate Bruce Schneier writes about the use of AI systems that is harming the most vulnerable society. 

BKC Rebooting Social Media Visiting Scholar Kate Klonick writes about a federal court ruling that restricted the Biden administration’s communications with social media platforms.

BKC Affiliate Nathaniel Lubin writes about how tech regulation could benefit from using the data from companies' private experimentation results.

BKC Faculty Associate Leah Plunkett comments on children's privacy rights.

BKC Affiliate Juan Ortiz Freuler proposes a framework for understanding how current technological developments are putting pressure on our existing conceptions of the individual…

BKC Assistant Director of the Cyberlaw Clinic Jessica Fjeld writes about the challenges that arise in the realm of copyright law due to the increased use of generative AI. 

BKC Affiliate Molly White writes about lawsuits filed by the Securities and Exchange Commission against two of the world's largest cryptocurrency exchanges.

Clinical instructor at the Cyberlaw Clinic and director of the Initiative for a Representative First Amendment Kendra Albert writes about the history of obscenity’s community…

BKC Affiliate Bruce Schneier writes about the open-source future of generative AI.

The career of Jonathan Zittrain is profiled by IEEE Spectrum.

Clinical instructor at the Cyberlaw Clinic Kendra Albert discusses how an internet that is safe for sex workers is an internet that is safer for everyone.

BKC Responsible AI Fellow Rumman Chowdhury advocates for global oversight of AI. 

BKC Faculty Associate Beatriz Botero Arcila and collaborator Rachel Griffin release a study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and…

BKC Affiliate Aviv Ovadya comments on the need for cross-cutting, international regulation of AI.

BKC Affiliate Aviv Ovadya speaks about the need for more robust testing for GPT-4. 

BKC Affiliate Afsaneh Rigot comments on the arrests of LGBTQ+ people in Egypt.

Rebecca Tushnet discusses the Rogers test as a standard for trademark infringement which is implicated in a current Supreme Court case involving a dog toy company spoofing Jack…

BKC Affiliates Nathan Sanders and Bruce Schneier write about the potential influence of ChatGPT and generative AI on lobbying.

Urs Gasser contributed to a paper urging technologists to proceed and innovate responsibly. 

Evelyn Douek writes with Genevieve Lakier about the free speech ramifications of Twitter v Taamneh...

BKC Affiliate Joe Bak-Coleman writes about TikTok’s new API designed to provide data access to qualified researchers.

"Instead of investing in costly technologies, governments could be using this money to strengthen access to justice, services and psycho-social support for people who are…

BKC Faculty Associate Moira Weigel writes about third-party sellers and the critical role they play in lending Amazon monopolistic power.

Jessica Fjeld is quoted discussing the viability of lawsuits involving generative AI alleged to infringe upon artists' copyright claims. "It’s a little hard to predict how…

BKC Faculty Associate Petra Molnar writes about new technologies of border management. “But when we really drill down, none of these conversations are just about technology. We…

BKC Faculty Associate Abbey Stemler was interviewed about TikTok’s legal liability for failing to protect children from inappropriate content.

Joan Donovan writes about the Twitter Files and Elon Musk’s failing attempts to shape the media’s narrative. “In fact, what the “Twitter Files” reveal is what we already knew…

David Weinberger discusses the shift in Twitter’s appeal to the right following Musk’s takeover. “It’s easy to understand why the right is overall so happy with what Musk has…

BKC Affiliate Elettra Bietti explores the distinctions and assumptions around platforms' functioning in markets. 

RSM Assembly Fellow Joe Bak-Coleman writes about the challenges of managing human behavior, especially as applied to Twitter.  “On a social network, interactions between…

BKC Faculty Associate Evelyn Douek discusses Twitter's content moderation practices in different areas of the world.  Musk has called himself a “free speech absolutist,”…

Micaela Mantegna spoke to IGN about the Spintire controversy. "Given how confounding this entire investigation has been, I spoke with video game lawyer and Berkman Klein Center…

Lumen project manager Adam Holland and Rebecca Tushnet spoke about Google’s efforts to take down links considered pirated. “Google's partner in tracking all of its takedown…

Cyberlaw clinic’s Alejandra Caraballo discusses how children’s hospitals are taking down websites as a result of harassment and threats. Removing too much information comes…

BKC Harvard affiliate Julie Owono discusses online content moderation. "Is it okay in a modern democratic society to leave two private companies the decision on what we can say…

Rebecca Tushnet discusses the potential challenges to California’s new social media law under the First Amendment.  “Knowing how many reports they got and whether or when…

“The First Amendment serves as a check on government intervention into our public expression through, for example, spoken or visually signed speech, writing, protesting and coding…

BKC Faculty Associate Solon Barocas writes about the Federal Trade Commission's intent to regulate discriminatory AI products and services. 

Susan Benesch, faculty associate at the Berkman Klein Center for Internet & Society at Harvard University, said when it comes to “dangerous speech ... what matters most is how…

BKC affiliate Patrick Murck writes about the “silent vampire attack” crypto is facing as interest rates rise. “In a bull market, it was perhaps easy for crypto firms to…

Rebecca Tushnet comments on a lawsuit filed by Netflix against The Unofficial Bridgerton Musical based on the popular Netflix show.

Rebecca Tushnet discusses a lawsuit over Facebook’s name change to Meta with a competing company staking out its claim to the same name.

"Long before FAccT or ProPublica’s COMPAS reporting or Andrew Ferguson's book, the Department of Homeland Security was using sexist, racist algorithms to determine who to subject…

BKC associates delve into the shortcomings of EU’s legislation addressing digital giants. “The gaps we see in these new regulations are less matters of language than a…

Alejandra Caraballo provides an overview on how surveillance technology can impact prosecutions in the Post-Roe era. People are rightly already asking, What would happen to me…

BKC Faculty Associate Samer Hassan writes about the Estonian government’s applications of blockchain technology.

Elizabeth Renieris shares about cryptocurrency's climate impact.

Janis Wong, who recently completed a research sprint hosted by the Berkman Klein Center, speaks with McKinsey’s Stephanie Spangler about data governance “In our work, we refer…

Affiliate Chinmayi Arun explores the complex, fragmented nature of Facebook’s internal governance and its uneven accountability to states, publics, and its own Oversight Board.

Kendra Albert and Christopher Bavitz share how the Cyberlaw Clinic prepares students to address the biggest issues in cyberspace.

evelyn douek talks with Quinta Jurecic and Alex Abdo about the legal fight between researchers and Facebook about collecting data on Facebook ads.  Listen to the…

Colin Doyle explains how algorithms can expose flaws in criminal laws and the harms that they can produce.

Mason Kortz and Kendra Albert explain how to read a court docket in a free guide

Jon Penney outlines a new framework for understanding "chilling effects" on speech.

Kendra Albert explains lawsuit over “Warzone” video game trademark

A Q&A with Primavera De Filippi

Rebecca Tushnet discusses advertising law with The Markup

An op-ed by Ruth Okediji

Kendra Albert weighs in on Supreme Court's fair-use decision

Jonathan Zittrain joins the Lawfare Podcast

Jonathan Zittrain pens an op-ed about impeachment and the First Amendment.

Jasmine McNealy discusses policy issues likely to appear on a Democratic-controlled agenda.

Harvard Law experts Yochai Benkler and evelyn douek weigh in on the suspension of President Trump’s social media accounts

Five community members speak about their vexed relationships to the law

Asaf Lubin calls the SolarWinds Hack a "constitutive moment" in Just Security

Scholars propose a "no conflict" rule for tech companies as a way to mitigate self-dealing behavior

BKC affiliate joins Mathew Ingram in conversation

Elettra Bietti speaks with Digital Privacy News

Barbara Lauriat discusses Google v. Oracle with Yahoo Finance

Urs Gasser discusses his new guide on “connected parenting” and an essay series on the role of law during a pandemic

Should tech companies follow human rights law to govern online speech?

Martha Minow, Urs Gasser, and Jonathan Zittrain participate in colloquium on governmental powers during a pandemic