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Personal Jurisdiction And The "Interwebs", Alan M. Trammell, Derek E. Bambauer
Personal Jurisdiction And The "Interwebs", Alan M. Trammell, Derek E. Bambauer
Scholarly Articles
For nearly twenty years, lower courts and scholars have struggled to figure out how personal jurisdiction doctrine should apply in the Internet age. When does virtual conduct make someone amenable to jurisdiction in any particular forum? The classic but largely discredited response by courts has been to give primary consideration to a commercial Web site’s interactivity. That approach distorts the current doctrine and is divorced from coherent jurisdictional principles. Moreover, scholars have not yielded satisfying answers. They typically have argued either that the Internet is thoroughly exceptional and requires its own rules, or that it is largely unexceptional and can …
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri
Scholarly Articles
When government investigators request data from companies such as Google, they obtain data on targeted individuals with a guarantee that the data has been collected, stored, and analyzed properly. These guarantees constitute a testimonial statement under the Confrontation Clause. Similar to lab analysts who submit test results of cocaine samples or blood alcohol levels, this Note argues that analysts involved with the collection, storage, and analysis of big data must be available for confrontation under the Sixth Amendment.