Drawing Lines in the Cloud: Implications of Extraterritorial Limits to the Stored Communications Act
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Authors
Pecoraro, Andrew J.
Issue Date
2017
Volume
51
Issue
1
Type
Journal Article
Language
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Alternative Title
Abstract
INTRODUCTION|This Article explores the rationale employed by the Second Circuit and other cases to conclude that such decisions will have significant implications for other provisions of the SCA and potentially undermine long-standing Fourth Amendment doctrines, such as the Bank of Nova Scotia doctrine and the third-party doctrine. This Article highlights two conclusions that may impact these other doctrines: first, the conclusion that a provider accessing data on one of its servers constitutes a search under the Fourth Amendment; and second, that the location of the data is a determinative factor in deciding jurisdiction over that data...
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Publisher
Creighton University School of Law