Reconciling U.S. Banking and Securities Data Preservation Rules with European Mandatory Data Erasure Under GDPR

United States law, which requires financial institutions to retain customer data, conflicts with European Union law, which requires financial institutions to delete customer data on demand. A financial institution operating transnationally cannot comply with both U.S. and EU law. Financial institutions thus face the issue that they cannot possibly delete and retain the same data simultaneously. This Note will clarify the scope and nature of this conflict. First, it will clarify the conflict by examining (1) the relevant laws, which are Europe’s General Data Protection Regulation (GDPR), the U.S. Bank Secrecy Act, and Securities and Exchange Commission (SEC) regulations, (2) GDPR’s application to U.S. financial institutions, and (3) U.S. law’s extraterritorial application to financial institutions operating in Europe, under the U.S. Supreme Court’s Morrison-Kiobel two-step analysis. Second, it will propose a solution by examining international law and U.S. foreign relations law. United States law subjects financial institutions to multiple data retention requirements. Securities regulations require broker-dealers to retain customer account and complaint records. The Bank Secrecy Act of 1970 requires financial institutions to retain customer data for at least five years. Sometimes, banks must permanently retain certain records. GDPR empowers individuals to demand that companies erase their data. Couched in the theory of a right to erasure, GDPR lets customers withdraw their consent for a financial institution to process or retain their data. Violators may face fines of 4 percent of their worldwide revenue. GDPR applies broadly to U.S. data-processors that either (1) are established in the European Union, or (2) monitor or offer to sell goods or services to individuals in the European Union. Establishment is broadly construed by European courts and may be met by “a single representative in the European Union.” In U.S. law, a two-step analysis determines whether and to what extent federal statutes govern conduct abroad. First, courts analyze whether the presumption against extraterritoriality has been rebutted. The presumption derives from the canon that a statute, “unless a contrary intent appears, is meant to apply only within the territorial jurisdiction” of the United States. If the presumption is not rebutted, the court proceeds to the second step, when the court considers the statute’s “focus” and whether the case involves the statute’s domestic application. United States law has domestic application to data stored domestically, and sometimes possibly to data stored internationally; such data operations may also fall under GPDR’s jurisdiction. Then, if a customer asks a financial institution to delete data, the financial institution will face conflicting laws. This Note seeks to resolve the conflict, recommending that courts approach resolution from the framework of the Restatement (Third) of Foreign Relations Law

Ejecta types on Ganymede and Callisto

Ejecta types on Ganymede and Callisto have been identified from Voyager 1 and 2 images. Image resolution used range from approx. 0.6 to approx. 4 km/pxl, which allowed the surveying of almost all of the mappable surface of the two satellites. Seven ejecta classes were identified on Voyager images of Ganymede on the basis of albedo pattern and type of terminus. The ejecta of different terrains on ejecta characteristics were investigated for the most populated ejecta types. Two major ejecta types were identified on Callisto; both have counterparts on Ganymede. Type C1 has a uniformly high albedo and a sharp terminus. Type C2 has a gradational terminus and a moderate albedo. The similarity in ejecta types on Ganymede and Callisto may indicate similarities in the near surface environment of the two satellites, with different ejecta types representing several possible conditions for the impact environment

Correlation studies on surface particle detection methods

The accurate determination of dust levels on optical surfaces is necessary to assess sensor system performance. A comparison study was made on several particle measurement methods including those based on direct imaging and light scattering. The effectiveness of removing the particles from the surface prior to determining particle size distributions was also assessed. These studies revealed that some methods, especially those requiring particle removal before analysis, are subject to large systematic errors affecting particle size distributions. Thus, an understanding of the particle measurement methods employed is necessary before any surface cleanliness or obstruction value assignments are accepted as true representations of an optical surface contamination condition

Asymptotic light field in the presence of a bubble-layer

We report that the submerged microbubbles are an efficient source of diffuse radiance and may contribute to a rapid transition to the diffuse asymptotic regime. In this asymptotic regime an average cosine is easily predictable and measurable.Comment: 4 pages, 3 Postscript figures, opex2.sty (enclosed), also available from the Optical Society of America htpp://epubs.osa.org/oearchive/pdf/11948.pd

Strong genetic influences on the stability of autistic traits in childhood

Objective: Disorders on the autism spectrum, as well as autistic traits in the general population, have been found to be both highly stable across age and highly heritable at individual ages. However, little is known about the overlap in genetic and environmental influences on autistic traits across age and the contribution of such influences to trait stability itself. The present study investigated these questions in a general population sample of twins. Method: More than 6,000 twin pairs were rated on an established scale of autistic traits by their parents at 8, 9, and 12 years of age and by their teachers at 9 and 12 years of age. Data were analyzed using structural equation modeling. Results: The results indicated that, consistently across raters, not only were autistic traits stable, and moderately to highly heritable at individual ages, there was also a high degree of overlap in genetic influences across age. Furthermore, autistic trait stability could largely be accounted for by genetic factors, with the environment unique to each twin playing a minor role. The environment shared by twins had virtually no effect on the longitudinal stability in autistic traits. Conclusions: Autistic traits are highly stable across middle childhood and this stability is caused primarily by genetic factors

Integrating Nanosphere Lithography in Device Fabrication

This paper discusses the integration of nanosphere lithography (NSL) with other fabrication techniques, allowing for nano-scaled features to be realized within larger microelectromechanical system (MEMS) based devices. Nanosphere self-patterning methods have been researched for over three decades, but typically not for use as a lithography process. Only recently has progress been made towards integrating many of the best practices from these publications and determining a process that yields large areas of coverage, with repeatability and enabled a process for precise placement of nanospheres relative to other features. Discussed are two of the more common self-patterning methods used in NSL (i.e. spin-coating and dip coating) as well as a more recently conceived variation of dip coating. Recent work has suggested the repeatability of any method depends on a number of variables, so to better understand how these variables affect the process a series of test vessels were developed and fabricated. Commercially available 3-D printing technology was used to incrementally alter the test vessels allowing for each variable to be investigated individually. With these deposition vessels, NSL can now be used in conjunction with other fabrication steps to integrate features otherwise unattainable through current methods, within the overall fabrication process of larger MEMS devices. Patterned regions in 1800 series photoresist with a thickness of ~700nm are used to capture regions of self-assembled nanospheres. These regions are roughly 2-5 microns in width, and are able to control the placement of 500nm polystyrene spheres by controlling where monolayer self-assembly occurs. The resulting combination of photoresist and nanospheres can then be used with traditional deposition or etch methods to utilize these fine scale features in the overall design

A New Look at Azimuthal Wave Propagation Constants of an n-Layered Dielectric Coated PEC Cylinder

A method for determining the azimuthal wave propagation constants supported by an n-layered dielectric coated PEC cylinder is presented. The method, based on a Green\u27s function described in , is designed to optimally handle layered cylinders where the number of layers is extremely large as might be encountered in structures designed using transformational optics. The method is also tractable for any stratification profile without the need for individual layer analysis. We implement a recently developed numerical method to calculate Bessel functions of complex order and argument. Our method is verified by comparison with previously published results. We also present new results for a 5-layer case demonstrating self consistency and improved accuracy over published methods. Finally, to illustrate the method\u27s benefits, we present a brief analysis of two multilayer structures; a multilayer variation of the coated cylinder presented in and an example of a 7-layer case that approximates a material parameter gradient

An Efficient Cost Function for the Optimization of an \u3cem\u3en\u3c/em\u3e-Layered Isotropic Cloaked Cylinder

In this paper, we present an efficient cost function for optimizing n-layered isotropic cloaked cylinders. Cost function efficiency is achieved by extracting the expression for the angle independent scatterer contribution of an associated Green\u27s function. Therefore, since this cost function is not a function of angle, accounting for every bistatic angle is not necessary and thus more efficient than other cost functions. With this general and efficient cost function, isotropic cloaked cylinders can be optimized for many layers and material parameters. To demonstrate this, optimized cloaked cylinders made of 10, 20 and 30 equal thickness layers are presented for TE and TM incidence. Furthermore, we study the effect layer thickness has on optimized cloaks by optimizing a 10 layer cloaked cylinder over the material parameters and individual layer thicknesses. The optimized material parameters in this effort do not exhibit the dual nature that is evident in the ideal transformation optics design. This indicates that the inevitable field penetration and subsequent PEC boundary condition at the cylinder must be taken into account for an optimal cloaked cylinder design. Furthermore, a more effective cloaked cylinder can be designed by optimizing both layer thickness and material parameters than by additional layers alone