Prof. Niva Elkin-Koren

Faculty of Law
מנהלת הפקולטה למשפטים סגל אקדמי בכיר
Prof. Niva Elkin-Koren
Phone: 03-6408259
Office: Minkoff - Law, 328


Niva Elkin-Koren is a Professor of Law at Tel Aviv University Faculty of Law and a Faculty Associate at the Berkman Klein Center for Internet & Society at Harvard University. She is the academic director of the Chief Justice Meir Shamgar Center for Digital Law and Innovation, a co-director of the Algorithmic Governance Lab at TAU Innovation Lab (“TIL”) and a member of the Academic Management Committee of TAU Center for Artificial Intelligence and Data Science. Before joining Tel-Aviv University, she served as the Dean of the Law Faculty at the University of Haifa, and was the founding director of the Center for Cyber, Law and Policy (CCLP) and of the Haifa Center for Law & Technology (HCLT). Her research is located at the intersection between law and information technology, focusing on values in design, intellectual property, governance by AI and governance of AI.




S.J.D. Stanford Law School


LL.M Harvard Law School


LL.B. Faculty of Law, Tel Aviv University



Academic Appointments

Faculty of Law, Tel Aviv University

2020 - Present

Full Professor

Faculty of Law, University of Haifa

University of Haifa, Faculty of Law

2012-2020  Full Professor 

2017 - 2019 Founding Director, Center for Cyber, Law and Policy,

2009 –  2012 Dean, Faculty of Law

2008 -2013 International Master's Program in Patent Law

2006 – 2020 Founder and director, LL.M Program in Law & Technology

2005  - 2009  Vice Dean, Faculty of Law

2004-2012 Associate Professor 

2003-2019 Founding Director, Haifa Center for Law and Technology

2000-2004 Senior Lecturer (with tenure)

1995-2000 Lecturer



Visiting Positions

Berkman Klein Center for Internet & Society at Harvard University

Faculty Associate. 2013-present

Yale Law School, Information Society Project

Affiliated Fellow, 2004-present

Weizenbaum Institute, Berlin

Senior Fellow, Summer 2019

Bocconi University, Milan, Italy

Short Term Visiting Professor, 2018

Columbia Law School, NY, NY

Justin D’Atri Visiting Professor of Law, Fall 2017

Harvard Law School, Cambridge, MA

Visiting Professor of Law, Spring 2017

UCLA School of Law, LA, CA

Albert and Heidi Praw Visiting Professor, Fall 2013

NYU School of Law, NY, NY

Global Visiting Professor of Law, Spring 2010

NYU School of Law, NY, NY

Hauser Global Visiting Professor of Law, Fall 2004 - Spring 2005

George Washington University Law School, Washington DC

Visiting Associate Professor, Fall 2001

Villanova University School of Law, Villanova, PA

Visiting Associate Professor, Fall 1997



Full CV

Research Interests and Teaching


Copyright Law, Intellectual Property, Innovation Policy, Access to Knowledge, Information Law, Governance by AI, Governance of AI


Representative Publications


The By-Design Approach Revisited: Lessons from Covid-19 Contact Tracing Apps, Fordham Intellectual Property, Media & Entertainment Law Journal (forthcoming 2023) (with Mickey Zar).


Democratic Friction in Speech Governance by AI, Handbook of Critical Studies of Artificial Intelligence (Simon Lindgren, Ed.) (Edward Elgar, forthcoming  2023) (with Maayan Perel).


Digital Platforms' Business Users: the Contractual Lens, TAU Law Review (forthcoming 2023) (Hebrew) (with Ohad Somech & Maayan Perel-Filmer).  


Speech Contestation by Design: Democratizing Speech Governance by AI, 50 Florida State University Law Review (forthcoming 2023) (with Maayan Perel-Filmer).  


Toward architecture-driven interdisciplinary research: Learnings from a case study of COVID-19 contact tracing apps, proceedings CSLAW22, Association for Computing Machinery, pp. 143–154 (2022) (with Fabian Burmeister, Mickey Zar, Tilo Böhmann, Christian Kurtz, and Wolfgang Schulz).


The New Synergy: Governmental Enforcement of Speech via Digital Platforms in  Constitutionalizing Social Media (editors  Celeste, Heldt & Iglesias), (Hart Publishing 2022) pp. 177-197. 


Lex AI: Revisiting Private Ordering by Design, 36 Berkeley Journal of Law and Technology 101 (2022) (with Karni Chagal-Feferkorn). 


Social Media as Contractual Networks: A Bottom up Check on Content Moderation, 107 Iowa Law Review 987 (2022) (with Giovanni De Gregorio and Maayan Perel-Filmer).


Data Science Meets Law: Learning Responsible AI Together, 65 Communications of the ACM  35 (2022) (with Shlomi Hod, Karni Chagal-Feferkorn, and Avigdor Gal).


Competition and Power Disparities in the Digital Music Market in Israel, 4  Regulatory Studies 331 (2021) (Hebrew)with ) Lior Baruch & Maayan Perel-Filmer). 


Transplanting Fair Use Across the Globe: A Case Study Testing the Credibility of U.S. Opposition, 72 Hastings Law Journal 1121 (2021) (with Neil Netanel, 


Is it time to Abolish Safe Harbor? When Rhetoric Clouds Policy Goals, 31 Stanford Law and Policy Review 1 (2020) (with Yifat Nahmias, Maayan Perel-Filmer).


Separation of Functions for AI: Restraining Speech Regulation by Online Platforms, 24 Lewis & Clark L. Rev. 857 (2020)  (with Maayan Perel-Filmer).


Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law in Oxford Handbook Oxford Handbook of Intermediary Liability Online pp. 669-678 (Giancarlo F. FROSIO, editor) (Oxford University Press, 2020) (with Maayan Perel-Filmer).


Contesting Algorithms: Restoring the Public Interest in Content-Removal AI, 7:2 Big Data & Society (2020).


Separation of Functions for AI: Restraining Speech Regulation by Online Platforms, 24 Lewis & Clark L. Rev. 857 (2020) (with Maayan Perel).


The Chilling Effect of Governance-by-Data on Data Markets 86 University of Chicago L. Rev. pp. 403-431 (2019) (with Michal Gal).


Behind the Scenes of Online Copyright Enforcement: Empirical Evidence on Notice & Takedown, 50 Connecticut Law Review pp. 339-386 (2018) (with Sharon Bar-Ziv)


Fair Use by Design, 64 UCLA Law Review pp. 1082-1100  (2017).


Black Box Tinkering: Beyond Disclosure in Algorithmic Enforcement, 69 Florida Law Review pp. 181-221 (2017) (with Maayan Perel).


Algorithmic Consumers, 30 Harvard Journal of Law and Technology pp. 309-353 (2017) (with Michal Gal).


Accountability in Algorithmic Copyright Enforcement, 19 Stanford Tech. L. Rev. pp. 473 -532  (2016) ) (with Maayan Perel).


The New Intermediaries in the Virtual Public Forum, 6 Mishpat Umimshal pp. 381-420 (2003) (Hebrew).


Rules and Standards in Intellectual Property and the Future of the Public Domain, 25 Tel-Aviv University Law Review pp. 9-71 (2001) (Hebrew).


What Contracts Can't Do: The Limits of Private Ordering in Facilitating a Creative Commons, 74 Fordham Law Review  pp. 101-147 (2005).


The Invisible Handshake: The Reemergence of the State in the Digital Environment 8 Virginia Journal of Law & Technology 6 (2003) (with Michael Birnhack).


Cyberlaw and Social Change: A Democratic Approach to Copyright Law in Cyberspace, 14:2 Cardozo Arts & Entertainment Law Journal 215-295 (1996).


Full CV


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