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 NYPD on impact & use policies for surveillance technologies (2021)
White Paper on Cross-Border Data Access Reform (2017)
Comments to Department of Commerce on Export Controls on Technology (2013)

Amicus Briefs
USA v. Moore-Bush (’21)(1st Cir.)—First Amendment implications of Fourth Amendment decisions
City of Fullerton v. Friends of Fullerton (’21) (CA state court)—prosecution of journalists under hacking law
Marland v. Trump (’21) (3rd Cir.)—re the “TikTok” ban, national security powers & the First Amendment
Lee v. Rosen (’21) (D.C. Cir.)—Bivens claim for damages for violation of First Amendment rights
Black Lives Matter v. Trump (2020) (D.D.C)—Bivens claim for violation of protester First Amendment rights

Litigation
In re Leopold (ongoing ’20-21) (D.C. Circuit/D.D.C)—access to electronic surveillance records
In re Reporters Committee (’20-21) (D.D.C.)—access to court records re Michael Flynn trial
—<a href="http://%3C%21–%20wp:paragraph%20%7B%22style%22:%7B%22typography%22:%7B%22fontsize%22:%2216px%22%7D%7D%7D%20–%3E%20%3Cp%20style%3D%22font-size:16px"><strong>LitigationIn re LA Times (’21)— unsealing warrant re search of Senator’s home re COVID insider trading (D.D.C.)


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