Policy and Practice

In addition to research, Fidler has been involved extensively in policy debates, advocacy, and litigation involving numerous issues at the intersection of technology and the law.

Advocacy
Fidler currently advises several local coalitions in their efforts to pass ordinances regulating surveillance technologies. She has briefed policymakers, including at the U.S. Senate, the U.K. House of Lords, and the EU Parliament, on various tech policy issues. She has produced white papers, policy proposals, and public comments that have helped inform key tech policy debates.
Comments to Department of Commerce on Export Controls on Technology (2013)
White Paper on Cross-Border Data Access Reform (2017)

Amicus Briefs
—First Amendment implications of Fourth Amendment decisions: USA v. Moore-Bush (’21)(1st Circuit)
—Computer Fraud and Abuse Act: City of Fullerton v. Friends of Fullerton (’21) (California state court)
—International Emergency Economic Powers Act & the First Amendment: Marland v. Trump (’21) (3rd Circuit)
—First Amendment Bivens claims, generally: Lee v. Rosen (’21) (D.C. Circuit)
—First Amendment Bivens claims for protesters: Black Lives Matter v. Trump (2020) (D.D.C)

Litigation
—Access to surveillance records: In re Leopold (ongoing ’20-21) (D.C. Circuit/D.D.C)
—Access to court records: In re Reporters Committee (’20-21) (re Michael Flynn trial) (D.D.C.)


Email: mfidler [at] law [dot] harvard [dot] edu
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Courtesy Jake Belcher/Tufts University