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Works in Progress

The Right of Publicity and Section 230 (2020): An essay exploring a counterfactual in the seminal Section 230 case, Ken Zeran v. America Online. The essay highlights the intersection of the right of publicity with Section 230.

The Right of Publicity and Section 230: How Zeran Might Have Won (2020) (co-authored with Prof. Brian L. Frye): A similar essay exploring the Zeran counterfactual, the right of publicity, and Section 230. To be published in Landslide Magazine.

Navigating the Intersection of Right of Publicity and Intellectual Property (2020) (co-authored with Prof. John Villasenor): A law review article exploring the intersection of the right of publicity and Section 230. This article is part of ongoing research with the UCLA Institute for Technology, Law and Policy.

Publications

President Trump Loves Section 230 for Himself, Just Not for Anyone Else (Guest Blog Post), Technology & Marketing Law Blog, June 22, 2020

“There’s Always a Tweet” Applies to Trump’s Anti-Social Media Rhetoric (Guest Blog Post), Technology & Marketing Law Blog, June 21, 2020

What Jonestown Might Teach Us about Section 230’s Fate, Jurist, June 17, 2020

A primer on Section 230 and Trump’s executive order, Brookings, June 8, 2020

The First Amendment, the Information Ecosystem, and Artificial Intelligence, Golden Data, April 14, 2020

Why Section 230 Matters And How Not To Break The Internet; DOJ 230 Workshop Review, Part I, Techdirt, February 21, 2020 (co-authored with Berin Szoka, Ashken Kazaryan)

Section 230 and Criminal Law; DOJ 230 Workshop Review, Part II, Techdirt, February 21, 2020 (co-authored with Berin Szoka, Ashken Kazaryan)

Copyright vs. innovation: How expanding copyright protections for APIs could undermine the future of the web, Lincoln Policy, February 3, 2020

Why Can’t Internet Companies Stop Awful Content? Ars Technica, November 27, 2019 (co-authored with Professor Eric Goldman). Cross-posted to SSRN

Speaking Engagements and Podcasts

Jess Miers and James Czerniawski on the Internet, Section 230, and Content Moderation, Libertas Institute, (June 22, 2020)

Eric Goldman and Jess Miers on Section 230 and Content Moderation, UCLA Institute for Technology, Law and Policy, Episode 8, (June 19, 2020) (Video)

Ars Boni Episode 21 – The Migration of Institutions and the Role of Immunity Clauses, (May 7, 2020)

Cameron Cantrell on Electronic Searches, Ipse Dixit podcast Season 1, Ep. 545, April 22, 2020 (hosted by Jess Miers)

Jess Miers of Santa Clara Law on “The First Amendment, the information ecosystem, and artificial intelligence”, (April 9, 2020)

Darya Balybina on Privacy Law, Ipse Dixit podcast Season 1, Ep. 532, April 7, 2020 (hosted by Jess Miers)

Guest speaker for Prof. William Covington’s class at the University of Washington School of Law on Section 230 and the Internet, (May 2020)

Co-speaker w/Prof. Eric Goldman on Section 230 and content moderation policy for Santa Clara University’s Meet the President Pasadena Event, (2019)

Jess Miers on Section 230 and the Internet, Ipse Dixit podcast Season 1, Ep. 293, June 29, 2019

TEDx speaker at Santa Clara University on Section 230 and Content Moderation, (2019)

Miscellaneous Publications and Presentations

Spotting (and ignoring) validation-seeking advice is a critical law school skill, ABA Before the Bar, June 18, 2020

Brief of TechFreedom as Amicus Curiae in Support of Petitioner, June 12, 2020 (assisted with drafting the brief with TechFreedom and O’Melveny & Myers)

Opinion: Law schools should switch to pass/fail during COVID-19 shift, ABA Before the Bar, March 27, 2020

The future for Internet law attorneys: Finding solutions that won’t ruin your client, ABA Before the Bar, January 15, 2020

Brief of Amici Curiae Cybersecurity Law Professors in Support of Malwarebytes, Inc’s Petition for Rehearing and Rehearing En Banc, November 19, 2019 (assisted with preparing the brief with Prof. Eric Goldman and Venkat Balasubramani)

Behind our masks: The problem with hiding our problems, ABA Before the Bar, October 11, 2019

Letter to the U.S. Patent & Trademark Office regarding Boosting Patentee Diversity By Relaxing the Technical Barriers to Patent Bar Membership, June 30, 2019 (with Professor Eric Goldman)