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Beyond \u3ci\u3eMicrosoft\u3c/i\u3e: A Legislative Solution to the SCA’s Extraterritoriality Problem
The Stored Communications Act governs U.S. law enforcement’s access to cloud data, but the statute is ill equipped to handle the global nature of the modern internet. A pending U.S. Supreme Court case, United States v. Microsoft, raises the question whether a warrant under the statute may be used to reach across international borders to obtain data that is stored in another country, regardless of the user’s nationality. While the Court will determine whether this is an impermissible extraterritorial application of the current law, many have called for a legislative resolution to this issue. Due to the insufficiency of the current law, the limits of traditional judicial doctrines, and the inherent advantages the legislature has over the judiciary in addressing technological change, this Note also recommends a legislative resolution. Building upon a legislative proposal, this Note proposes a framework with two separate sets of legal procedures based on user identity. These separate domestic and extraterritorial procedures provide a framework that would set clear guidelines for law enforcement and service providers while giving due respect to foreign sovereignty
Big Data and the Internet of Things
Advances in sensing and computing capabilities are making it possible to
embed increasing computing power in small devices. This has enabled the sensing
devices not just to passively capture data at very high resolution but also to
take sophisticated actions in response. Combined with advances in
communication, this is resulting in an ecosystem of highly interconnected
devices referred to as the Internet of Things - IoT. In conjunction, the
advances in machine learning have allowed building models on this ever
increasing amounts of data. Consequently, devices all the way from heavy assets
such as aircraft engines to wearables such as health monitors can all now not
only generate massive amounts of data but can draw back on aggregate analytics
to "improve" their performance over time. Big data analytics has been
identified as a key enabler for the IoT. In this chapter, we discuss various
avenues of the IoT where big data analytics either is already making a
significant impact or is on the cusp of doing so. We also discuss social
implications and areas of concern.Comment: 33 pages. draft of upcoming book chapter in Japkowicz and Stefanowski
(eds.) Big Data Analysis: New algorithms for a new society, Springer Series
on Studies in Big Data, to appea
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