I am Strategy Lead and Counsel to the World Wide Web Consortium (W3C); previously a Fellow with Yale Law School's InformationSociety Project, Princeton University's Center for Information TechnologyPolicy; the Silicon Flatirons Center forLaw, Technology, and Entrepreneurship at the University of Colorado; andwith the Berkman Klein Center forInternet & Society at Harvard Law School.I was aVisiting Fellow with the OxfordInternet Institute, teaching a joint course with the Said Business School, Media Strategiesfor a Networked World.I have previously taught at American University's Washington College of Law,BrooklynLaw School, and Northeastern University School of Law,and served as staff attorney with the Electronic Frontier Foundation. Before joining EFF, I taught Internet Law as an adjunct professor at St. John's UniversitySchool of Law, and practiced intellectual property and technologylitigation at Kramer Levin in New York.
ChillingEffects: I founded and developed the Lumen Database (formerly, Chilling Effects Clearinghouse), a project to study and combat the ungrounded legalthreats that chill activity on the Internet.In conjunction with theEFF and law school clinics acrossthe country, we invite recipients and senders of cease and desistnotices to submit these notices for analysis in issue-spottingFAQ-style memos and inclusion in our database.Chilling Effects offersresources for Internet users who face legal threats, and, through itscollection of data, we hope to analyze the out-of-court effects ofthose threats to chill legitimate activity, or, conversely, the extentto which unlawful activity on the Net proves resistant to legalaction. Chilling Effects has been featured in the NewYork Times and BostonGlobe, as well as in many academic papers and court filings.
I have served on the Board of Directors of The Tor Project, supportingprivacy and anonymity research, education, and technology; theWorld Wide Web Foundation; and the Open Source Hardware Association. I served on the ICANN Board as at-large advisorycommittee liaison.
I helped public interest ISP Online Policy Group to win the first case for damages under DMCA Section 512(f) for abusive copyright claims (OPG v. Diebold), and defended the privacy of Internet users as amicus in Verizon v. RIAA and Charter v. RIAA. As amicus in Lexmark v. Static Control, we helped to preserve interoperability, against the threat of overreaching DMCA claims.I led EFF's Digital Television Liberation Front and the Endangered Gizmos campaign.
Early work at the Berkman Center focused on the legal issues andintellectual property questions surrounding Free Software. I started and led the Openlaw project, an experiment bringingthe methods of open source and Free Software development to legalargument in the public interest.Openlaw's first case, Eldred v. Ashcroft wasargued before the Supreme Court October 9, 2002.The Openlaw DVD forumdeveloped arguments in defense of 2600 Magazine's posting of DeCSS code,arguing that technological protections for digital media mustaccommodate free speech and fair use.Openlaw participants filed anamicusbrief in the Southern District of New York in the DeCSS case Universalv. Reimerdes, and I drafted the cryptographers'amicus brief to the Second Circuit on appeal.I workedwith the Creative Commons project to offer the public arange of open licenses to promote sharing of creative non-software works.
Author page on SSRN
- Software Patent and/or Software Development, Brooklyn Law Review (2013); cited in Intellectual Ventures v. Symantec, Mayer concurrence, 838 F.3d 1307 (Fed. Cir. 2016).
- Infrastructures of Censorship and Lessons from Copyright Resistance, USENIX FOCI Workshop, August 8, 2011 (local copy)
- Exposingthe Flaws of Censorship by Domain Name, IEEE Security and Privacy,vol. 9, no. 1, pp. 83-87, Jan./Feb. 2011, doi:10.1109/MSP.2011.8 (local draft)
- FreeSpeech Unmoored in Copyright's Safe Harbor: Chilling Effects of theDMCA on the First Amendment 24 Harvard Journal ofLaw and Technology 171 (2010) (local PDF).
- TheImperfect is the Enemy of the Good: Anticircumvention Versus Open UserInnovation, 25 Berkeley Technology Law Journal 909(2010)(localPDF).
- ThePolitics of Internet Control and Delegated Censorship, AmericanSociety for International Law (2008) (local PDF).
- The Broadcast Flag: It's not just TV, 57 FCLJ 209 (2005)
- "Why Open Source Needs Copyright Politics," in Open Sources 2.0, (O'Reilly,2005)
- Death byDMCA, with Fred von Lohmann, IEEE Spectrum, June 2006
- "The Overloaded Activist," in She'sSuch a Geek, Seal Press, 2006
- Crafting Law, CRAFT 06, Jan. 2008
- ArtisticLicense, CRAFT 07, April 2008
Projects and Explorations
- Lumen Database (formerly Chilling Effects): This pioneering transparency reporting site documents requests to remove online speech and informs Internet users of their rights in response.
- Cross-Cultural Partnership Template: The partnership template and supporting materials are designed to help collaborators with different backgrounds and interests to converse about their common goals and frame joint work.
- Endangered Gizmos: Demonstrating the threat that expansive copyright poses to innovation and creative expression by showcasing some of the devices killed by law. The project included a "build-in" and cookbook to construct MythTV high-definition time-shifting video recorders, one of the endangered gizmos.
- Openlaw: An experiment in crafting legal argument in an open forum, developing arguments, drafting pleadings, and editing briefs in public, online. Non-lawyers and lawyers alike were invited to join the process by adding thoughts to the "brainstorm" outlines, drafting and commenting on drafts in progress, and suggesting reference sources.
- ICANN: From early study of "representation in cyberspace" to service on the Board of the Internet Corporation for Assigned Names and Numbers, helping to shape this multi-stakeholder institution of domain name governance.
- Tor Project: Advocate and founding Board member for the Tor onion-routing secure anonymous communication software.
Elsewhere OnlineKeynote, Privacy Engineering Section Forum, IAPP Privacy, Security, Risk, Las Vegas, NV, September 23, 2019Archiving the Future: Law, Technology, and Practice at the Web's Edge, keynote IIPC General Assembly and Web Archiving Conference, Wellington, NZ, November 15, 2018Transparency of Notice and Choice, Fordham Law School IPLJ Symposium, September 4, 2018The Right to Unmake and Fair Use in the Age of Instagram, U. Maine Digital Humanities Week, Oct. 2-5, 2017 Keynote, The Anonymity Primitive, Bytes and Rights, WWW Conference, April 4, 2017Securing the Open Web Platform, OSCON, Austin, TX, May 2016Freedom to Innovate and the Freedom to Fail, Freedom to Innovate, MIT, October 2015The Opposite of Censorship, keynote, Princeton Censorship Conference, October 2015Make Install Freedom, Boston University CS Convocation, May 2013Solutions to the Software Patent Problem, Santa Clara Law, November 16, 2012"Privacy, Option Value, Feedback," Privacy Law ScholarsConference, June 7-8, 2012Rights and Bytes, ID^3, May 31, 2012Freedom to Connect,May 22, 2012Keynote, "Defending the Open Net," ORGcon, London, March 24, 2012Global Censorship Conference, Yale, April 31, 2012"Openness in the Smartphone Ecosystem,"Whittier Law ReviewSymposium, Nov 4, 2011"Android's Openness" (keynote) and "Leveraging Openness", Android Open (O'Reilly), San Francisco, Nov. 2011"Software Patent and/or Software Development," TPRC, Wash. DC,Oct. 2011; Yale ISP, Oct. 2011USENIX Workshop on Free and Open Communication on the Internet,San Francisco, August 2011Workshop on Free and Open Communication on the Internet, Georgia Tech,Feb. 24-25, 2011"Journalism and Social Network Privacy," Privacy and the Press,University of Colorado, Dec. 3, 2010"Free Speech Unmoored in Copyright's Safe Harbor," TPRC Conference, Wash. DC, Oct 3, 2010Keynote, "Making Privacy Visible," Privacy Enhancing TechnologiesSymposium, Berlin, Germany July 21, 2010OnlineCensorship -- Content Filtering At Home and Abroad, MAPping Change, Media Access Project, Washington, DC, June 11, 2010Generation Copyright, ALAI CanadaColloquium, Montreal, CA, June 1, 2010Internet Intermediary Liability, Consilience '10, National Law Schoolof India University, Bangalore, India, May 29-30, 2010Patentsand Free and Open Source Software, Silicon Flatirons, CU-Boulder,April 29, 2010"Free Speech Unmoored in Copyright's Safe Harbors," CU-BoulderColloquium, April 2, 2010"Can You Copyright aTweet?" South by SouthwestInteractive, Austin TX, March 14, 2010"Chokepoints and Chilling Effects, Intermediaries and OnlineSpeech," Harvard Journal of Law and Technology, Nov. 30, 2009Cyber Civil Rights: New Challenges for Civil Rights and CivilLiberties in our Networked Age, commentator, DenverUniversity Law Review, Nov. 20, 2009"Chokepoints and Chilling Effects, Intermediaries and OnlineSpeech,"Whittier Law School, Nov. 11, 2009Politics 101: The Making of Copyright, Cornell Institute for Computing Law and Policy, Ithaca, NY, July 22, 2009 Copyright, Technological Protection, and User Innovation, OII Summer Doctoral Program, Brisbane, Australia, July 7, 2009 Copyright and Technology, SouthEast LinuxFest, Clemson, SC, June 13, 2009IntermediatedUser Innovation, MIT Open & User Innnovation Workshop, May 19,2009Free Speech andChilling Effects on the Global Internet, PIR Advisory Council,April 18, 2009Authorship, Appropriation, and the Fluid Text: Versions of theMITComparative Media Studies Colloquium, March 19, 2009Peer-to-Peer2.0 (panel) SXSW Interactive, March 17, 2009Fair Use panel, Copyright Society of the US, New York Chapter,February 26, 2009Ten Years into the Digital Millennium, Virginia Tech, February 20,2009Social and Technical Architecture of the Internet,CNbloggercon. Guangzhou, China, November 16, 2008Network Openness on Campus, Securing the eCampus. Dartmouth College,November 11, 2008The Imperfect is the Enemy of the Good: Anticircumventionversus UserTPRC, September 27, 2008, and Intellectual PropertySpeaker Series, Northeastern Univ., October 6 2008"The Internet's Constitutional Moments," Supernova, San Francisco, CA, June 17, 2008Fordham Center on Law and Information Policy Symposium, New York, NY,May 29, 2008 (excerptfrom "Free Speech Unmoored in Copyright's Safe Harbor")Preserving Openness, Union College, Schenectady, NY, May 28, 2008AmericanSociety of International Law, Washington, D.C. April 10, 2008 (talk abstract)"Preserving the Library of the Future," New England ArchivistsAnnual Meeting, Newport, RI, March 29, 2008Media Re:Public, Los Angeles, CA, March 28, 2008 Expectations of Privacy for a Database Age, Google Tech Talk,Kirkland, WA, Jan. 24, 2008 and Harvard Center for Research onComputation and Society, Feb. 27, 2008Legal Threats, Chilling Effects and Warming the Air, EDUCAUSE Live, Jan. 23, 2008DigitalFreedom University, Harvard and Northeastern, October 2007Protecting the University from Copyright Bullies and Righting theCopyright Balance, CornellUniversity Computer Policy and Law Program, Ithaca, NY, Sept. 27 2007Search and Privacy, Microsoft Faculty Summit, Redmond, WA, July, 2007The University and The RIAA, IS2K7, Cambridge, MA, June 1, 2007Search and Privacy, WWW2007, Banff, May, 2007Section 230: At the Gates between Liability for Harmful Speech andWikipedia (panelist), Wikimania 2006, Cambridge, MA, August 4, 2006Keynote presentation, "Preserving Privacy as Technologies Change,"7th Annual IEEE Information Assurance Workshop, West Point, NY, June 22, 2006DRM: Digital Rights Management or Digital "Restrictions" - DRM in the wake of the Sony "Rootkit" controversy, Association of the Bar of the City of New York, April 11, 2006Wharton Technology Conference, February 24, 2006Data Devolution: Corporate Information Security, Consumersand the Future of Regulation, Fredric G. Levin College of Law, UFL, February 3-4, 2006UNC Symposium on Intellectual Property, Creativity and the Innovation Process, Chapel Hill, NC, November 1, 2005Why we care what happens in Paragon City, Austin Game Conference, October 28, 2005 (slides)Bloggers Rights, BlogHer, Santa Clara, CA, July 30, 2005Ask EFF, DEF CON 13, Las Vegas, NV, July 29, 2005Know Your Rights: Legal inoculation for contagious media, Eyebeam Contagious Media Workshop, New York, NY, May 7, 2005Fear-to-Peer: A debate about filesharing on campus, Princeton, NJ, May 6, 2005"Endangered Devices and How We Can Save Them," O'Reilly Emerging Technology Conference, San Diego, California, March 14-17, 2005 (presentation) (slides, website) and Computers, Freedom, & Privacy, April 12-15, 2005, Seattle, Wash.Vermont Law School Solutions Conference, April 8-10, 2005, South Royalton, VermontSignal or Noise 2k5, April 8, 2005, Cambridge, Mass."Can't we all just get along," South by Southwest Music Festival, March 19, 2005International Summit on Democracy, Terrorism, and Security, Madrid, Spain, March 8-11, 2005Not All Fun and Games, Santa Clara Law School Computer and High Technology Law Journal Symposium, February 11, 2005Regulating Knowledge: Costs, Risks, and Models of Innovation, Brussels, Belgium, November 9-10, 2004 (presentation, software patents, small business, and the public interest) Internet Service Provider Best Practices, ISPCON, Santa Clara, CA, November 3, 2004E-Lection 2004 Symposium, John Marshall Law School, Chicago, IL, October 1, 2004 (panel: What's Inside that Black Box, how intellectual property clouds the e-voting picture)DEF CON 12, Las Vegas, NV, July 30-August 1, 2004 (panels: Ask EFF, Digital Television Liberation)BlogOn: The Business of Social Media, Berkeley, Cal., July 23, 2004 (panel)Supernova 2004, Santa Clara, California, June 24-25, 2004 (panel, IP vs. IP: Intellectual Property Meets the Internet Protocol, June 24)Wizards of OS 3: The Future of the Digital Commons, Berlin, Germany, June 10-12, 2004 (alternative compensation systems panel and workshops June 12); workshop Where next for copyright in the new Europe?, June 13, 2004Free Bitflows, Vienna, Austria, June 3-4, 2004 (compensation decentral panel June 4)"Copyright and the Library of the Future," AISTI, Forces of Innovation on Digital Libraries, Santa Fe, NM, May 11, 2004 (presentation)Computers, Freedom & Privacy, Chilling Effects and Suing File Sharers (panels), Berkeley, CA,April 20-23, 2004Battling for Ownership of the Arts, Florida Atlantic University, Boca Raton, FL., April 17-18, 2004 Interz0ne III, Atlanta, GA, April 16, 2004ABA Intellectual Property Law Conference, Washington, DC, April 1-2, 2004Panel, "Weblogs and the Law," SXSW Interactive, Austin, TX, March 15, 2004"Reclaiming the Internet," National Education Association conference, Seattle, Washington, March 5, 2004Panel, "Digital Music: What Does the Future Hold?" Santa Clara Computer & High Technology Law Journal Symposium, Santa Clara, CA, February 6, 2004Panel, "Online Piracy," California State Bar Association, Beverly Hills, CA, February 2, 2004Panel, Digital Independence, San Francisco, CA, January 31, 2004The Freedom to Discover, IDLELO Conference on the Digital Commons, Cape Town, South Africa, Jan 11-15, 2004Rip, Burn, Sue, (panel) iHollywood Music 2.0, Los Angeles, CA, December 8, 2003Copyright and the Networked Computer, Washington D.C., November 6-8, 2003ISPCon, October 20, 2003What's Happening? Downloading Music, St. Albans Issues Forum, October 17, 2003Privacy in the Age of Digital Copying, California State Bar Association, Cyberlaw Section, September 6, 2003August 1-3, 2003 (presentation August 2)Search Engine Legal Issues, Search Engine Strategies, San Jose, California, August 19, 2003Pacific Crest Technology Conference, Vail, Colorado, August 12, 2003The Internet's Private Cops, DEFCON 11, August 1-3, 2003 (presentationAugust 2)Content: Tech, ILAW Stanford, 2003, July 2, 2003 (presentation)OpenSource Content Management Conference, May 28-30, 2003 (presentation May 30 PPT or openoffice)"DRM in Practice: Rights, Restrictions, and Reality", O'Reilly EmergingTechnology Conference, April 22-25, 2003 (panel April 23)Copythe Rights, Dutch Electronic ArtsFestival, February 26, 2003, 11:00-17:00, Rotterdam (presentation)"Reconciling the Commons and the Marketplace", The NewGatekeepers: A Conference on Free Expression and the Arts,Columbia University National ArtsJournalism Program, November 20-21 2002 (presentation Nov. 21)(New York Times review, TheCensor and the Artist: A Murky Border)"Mickey Mice? Potential Ramifications of Eldred v. Ashcroft", Fordham Intellectual Property, Media & Entertainment Law Journal Symposium, The State of Intellectual Property or the Intellectual Property State?, November 8, 2002DIY Remix Forum, CMJ Music Marathon, Oct. 31-Nov. 2, 2002 (presentation Nov. 2)"Trademarks and Free Speech," International Trademark Association'sTrademarks in Cyberspace,September 19, 2002 (Brussels), September 25, 2002 (New York)"Copyright Term Extensions, Opposing Views on the Eldred Case," Association of American Publishers, July 17, 2002"The Politics of DVD," panelist, DVD Association's DVD2002, June 3-4, 2002 (presentation June 3)"Chilling Effects Clearinghouse," Connectivity2002, May 21-23, 2002 (presentation May 23)"Eldred v. Ashcroft," panelist, New York State Bar Association,Intellectual Property Law Section and Cardozo School ofLaw, May 22, 2002, 6-8 p.m., Weil Gotshal & Manges"Who ControlsNew Media? Open Art in Closed Systems", Solomon R. Guggenheim Museum,Peter B. Lewis Theater, March 21, 2002"Are New Media Replacing Old Media?", panelist, St. John's LawSchool Communications Law Conference, March 22, 2002Music and Theft: Sampling, Technology, and the Law, A Conference at Duke Law School, (participant), March 30, 2002P (through ISP) to P: The Internet's Other Intermediaries, moderator, O'Reilly Peer-to-Peer and Web Services Conference,November 6, 2001 From Open Source to Openlaw: Public Collaboration on Legal Argument,Grassroots Use of the Internet, March 10, 2001 Digital Content Control and the Digital Millennium Copyright Act, guest panelist, Internet & Society 2000, November 28, 2000 Multimedia and the Internet, N.Y. Software Summit, September 25, 2000 Copyright and Plagiarism (PDF), Scholastic Art & Writing Awards Regional Sponsors' Conference, September 22, 2000
Last updated 2017
(cc) Wendy Seltzer (public key)