While in recent years, many states have instructed poll workers to prevent voters from taking photos, Andy pointed out that very few have a prohibition on the books, and such policing when not mandated could have a goal other than enforcing the law.| November 18, 2014 |Clinical Fellow Andy Sellars spoke to Herb Weisbaum from Today Money about the increased use of non-disparagement clauses from businesses hoping to prevent clients from writing scathing online reviews and the bill in Congress designed to prohibit the practice.
Clinical Fellow Andy Sellars and others view these actions as censorship attempts, because Ashley Madison cannot assert a copyright over the factual information published on websites designed to show whether someone’s personal information was compromised or Tweets about the substance of the leak. But, Clinical Fellow Andy Sellars told the Boston Globe’s Stephanie Mc Feeters that such a contract was meaningless “watered-down legalese.” Though the increase in online reviews like Yelp has changed the way customers perceive many restaurants and businesses for better or worse, Sellars pointed out that as long as a review is a statement of opinion, it is protected by the First Amendment.and the protections it affords the media, Andy cautioned that the letter may only convince journalists to keep digging.The one area where the lines get blurry is around “trade secrets,” but what from the leaks falls into that category is hard to say.| November 18, 2014 | Clinic Managing Director Chris Bavitz spoke to Marketplace’s Ben Johnson about the challenges of managing one’s online information and the companies that have sprung up to help consumers desiring to control what others can see.While FIFA has aggressively sought to protect its intellectual property, Andy and other First Amendment scholars see an argument for considering GIFs a “fair use” exception to copyright.| July 1, 2014 | Following an incident at the University of Washington in which a student was arrested based on his postings online, Clinical Fellow Andy Sellars was interviewed by KUOW of Seattle’s Marcie Silliman.In discussing what speech online is considered benign in the eyes of the law and what is considered a serious threat, Andy points to the importance of context, as well as the chances a particular threat will reach its target.“If giving examiners relevant prior art would reduce the ‘number and breadth’ of patents,” wrote Kit, “that means they are currently issuing overly broad, invalid patents because they do not know about critical information that’s been published . Professor Malone’s contribution emerges from the Clinic’s work on technology and access to justice in Massachusetts courts.| August 10, 2012 | This article by Jack Encarnacao describes the Cyberlaw Clinic’s appearance before Justice Botsford of the Massachusetts Supreme Judicial Court, arguing on behalf of WBUR‘s Open Court project and in favor of the right to record criminal trials under Massachusetts law.Kit’s article responded to a previous piece by attorneys John F. One can debate whether existing patent laws stifle and punish innovation more than they help, but it should be uncontroversial that it is a bad thing for the patent office to grant an overly-broad patent due to ignorance of critical prior art.” | Volume 26, Number 1 | Fall 2012 | The Harvard Journal of Law & Technology (“JOLT”) has published “Using Technology to Promote Access to Justice,” an integrated article that compiles six papers prepared for the Legal Service Corporation‘s June 2012 Summit on the Use of Technology to Expand Access to Justice.Hornick and Anita Bhushan of the Finnegan IP law firm in Washington, DC, in which Mr. Bhushan criticized the Clinic’s and EFF’s work and noted the possibility that it might lead to fewer, stronger, and narrower patents in the 3D printing space. HLS Clinical Professor and Cyberlaw Clinic Director Phil Malone co-authored one of those papers, “Overcoming Barriers to Adoption of Effective Technology Strategies for Improving Access to Justice,” which comprises Part VII of the JOLT article.August 18, 2015 | Ben Johnson of Marketplace Tech spoke with Clinical Professor Susan Crawford about the nature of the NSA’s “cozy” collaboration with AT&T and other companies for data collection.Professor Crawford points out that government agencies are able to escape Fourth Amendment restrictions by working with private companies who screen and sort the data before handing it over, and AT&T’s vague criteria regarding what to pass on meant that the NSA was able to examine large swaths of customer data.