T1. Internet and the Law 1: Speech Problems in Cyberspace
(presented by the Berkman Center of Harvard Law School - CLE Credit
Free speech has long been close to the core of Net values, yet the
continues to evolve. Widespread access to the Net, at least in rich
countries, has significantly shifted two of the boundaries that once
constrained speech: the ability to speak anonymously and the ease of
making oneself heard. With the increasing popularity of the web and
email, people with something to say can more easily get their message
out and, should they wish to do so, speak without making their identities
immediately known. The legal issues of speech on the Net have always
been tricky, particularly when political, harmful or commercial speech
were involved. Many of these Net speech issues from the boom years of
the 90s remain unresolved and new issues continue to emerge. The growth
of the blogging movement promises to add yet new dimensions to the problem.
The spam conundrum remains. The Dow Jones decision in Australia has
made Net publishers the world over shudder and rethink their strategies.
The respective roles of the Internet Service Provider, search engines
and national governments in limiting and shaping speech continually
give rise to hard questions. Intellectual property issues increasingly
have major speech ramifications. This session will cover a range of
current issues related to online speech at a relatively brisk pace.
John Palfrey is Executive Director of the Berkman Center for
Society at Harvard Law School. He is particularly interested in issues
Internet and democracy, both in the US and globally, and commercial
related to the Net. Prior to re-joining the Berkman Center in 2002,
worked at the law firm of Ropes & Gray. He co-teaches an Internet
course at the Harvard Extension School.
T2. How to Analyze Censorware
This tutorial will discuss basic procedures and techniques for analyzing
what is blacklisted by a censorware ("filtering") program.
The emphasis will be on explaining the internals of the operations of
the blacklists, focusing on how both extensive porn-passing, and collateral
damage to innocent sites, are inevitable. A programming background is
helpful, but not required, for the material. Due to the possible risk
of arrest of the presenter, cryptographic circumvention techniques will
NOT be mentioned.
Seth Finkelstein, Anti-censorship activist and programmer, has
spent hundreds of unpaid and uncredited hours over several years to
decrypt and expose to public scrutiny the secret contents of the most
popular censorware blacklists. Seth has been active in raising the level
of public awareness about the dangers that Internet content blocking
software and rating/labeling schemes pose to freedom of communication.
His work has armed many with information of great assistance in the
fight against government mandated use of these systems.
T3. Cryptography Practice and Policy
This tutorial will provide both hands on training in using cryptography
and explore the policy implications in the US and around the world.
This tutorial is still being developed. Please check back soon for more
T4. European Union Data Protection - Theory and
This tutorial will provide a comprehensive view on the European Union
approach to the protection of online privacy, analyzing the fundamental
references, the general and the sectoral Directives and the other documents
about online privacy in the European Union, with special reference to
the discipline adopted by the recent electronic communications Directive.
In particular, it will cover the difficult balance between data protection
regulations and electronic communications regulations. It will also
provide general information about European data protection law, especially
on the rules applying to the transfer of data to countries outside the
EU. Its goal is to prepare attendees to be able to expand their relations
(namely business ones) with EU countries, respecting European rules.
The tutorial will be led by Nicola Lugaresi, Associate Professor
University of Trento, Law School and Department of Legal Sciences and
Catarina Sarmento e Castro, Lecture Assistant University of Coimbra,
Law School Board ember of the Portuguese Data Protection Authority.
T5. Internet and the Law 2: Too Much Music, Too
Little Music (presented by the Berkman Center of Harvard Law School
- CLE Credit Available)
Napster started a revolution. A couple of guys, a cool idea, and a simple
technology awakened the sleeping giants of the music publishing business
made them very, very afraid. A legal battle was joined, and some of
America's most famous lawyers fought it out in court. Some of America's
richest venture capitalists lost their shirts, and a business deal closed
out the first chapter of the story. The retaliation against the P2P
movement by some of the content owners and distributors has combined
with code in an attempt to lock down digital content more than ever
A potent combination of the Digital Millennium Copyright Act and its
siblings plus powerful trusted systems threaten to shift the pendulum
further in the opposite direction -- but try telling that to the hundreds
millions of subscribers to the P2P networks. Meanwhile, convincing,
definitively legal business models to distribute online content to the
market seem to be eluding even the deep-pocketed players in the media
business. Some of the players have changed since the Napster days --
it's KaZaA and Grokster and Morpheus rather than Napster -- but the
stakes are just as high and the issues maybe even more complex. This
whirlwind overview of the pitched battle over intellectual property
in cyberspace will touch down on digital music and video in particular.
We will also look ahead to the next round of legal battles and will
assess likely outcomes.
Jonathan Zittrain is the Jack N. and Lillian R. Berkman Assistant
Professor of Entrepreneurial Legal Studies at Harvard Law School. He
is a co-founder of the Berkman Center and served as its first executive
director. His research includes digital property, privacy, and speech,
and the role that is played by private intermediaries in Internet architecture.
He currently teaches Internet & Society: The Technologies and Politics
of Control, where he examines the legal, political, and technical struggles
for control and ownership of the Internet and its content.
T6. ENUM: White-Anting Telcos, or White-Anting Democracy?
ENUM is a proposed extension to the Domain Name System (DNS), designed
to enable mapping from conventional telephone numbers to the IP-addresses
of Internet-connected devices. It is highly open-ended, potentially
very useful, and potentially extremely threatening. This session will
provide a 1-hour tutorial on the ENUM scheme, a 1-hour critique of its
social implications, a 1/4 hour defence by its proponents, and a 3/4
hour open debate.
The tutorial will be lead by John Morris of CDT. The proponent
of ENUM will be Richard Shockey of IETF ENUM WG. The critic will
be Roger Clarke of Aust Privacy Foundation and Electronic Frontiers
T7. Kicking Legislative Butt: An Introduction to
Advocacy and Activism
Passing legislation, political organizing, and using the media to make
your message prevail: In this workshop, participants will examine a
successful legislative campaign and discuss ways to impact policy. This
workshop or keynote will present effective strategies to attract news
coverage and build political power from the bottom-up. The session is
guaranteed to be informative, inspiring and motivational. You might
be intimidated by politics now but you will be ready to change a law
after this interactive session.
Ben Smilowitz is the Youth Coordinator for the Missouri Governor,
Bob Holden. He currently oversees the creation and implementation of
the groundbreaking Missouri Governor's Youth Network, Youth Cabinet
and Youth Service Council. Smilowitz helped thousands of young people
around the United States realize they have the power to impact change
on all levels of government and in their communities.
T8. The FCC and Internet Regulation 101
Unregulated Internet? Where!? In a few quick years Washington has produced
a plethora of laws and regulations to encumber all types of Internet
activity. What are these laws and what do they mean for you? Some are
opportunities and some are obligations. Learn the who, what, where,
and when of laws, regulations, and initiatives.
Robert Cannon is the Director of the Washington Internet Project
and the Senior Counsel for Internet Issues at the FCC. He was the former
Legal Columnist for Boardwatch Magazine, the Chair of the Telecommunications
Policy Research Conference and the former Chair and Founder of the Federal
Communications Bar Association Online Committee.