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CISSP (ElementK) Legal Regulations Complaince Investigations
CISSP, Element K 2nd Edition, Lesson 12
21
Computer Science
Professional
11/20/2009

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Term
Common Law
Definition
  • basedon unwritten principles
  • generally accepted
  • determined by Court Decision, Sovereign
  • est. precident
Term
Statutory Law
Definition
  • passed by legislative body
  • codification process of documentation and grouped by subject
  • Criminal or Civil
Term
Statutory Offenses
Definition
  1. Criminal against society;fine or jailtime
  2. Civil against 1 party by 1 party; fines/court costs/attorney fees
Term
Administrative Law
Definition
  • regulations
  • developed by executive in accordance w/legislation will
  • violations pursued in admin law court
  • iie. OSHA, USDA, FAA
Term
Intellectual Property Law
Definition

protects rights of ownership of ideas, trademarks, patents, etc.

 

  1. Patent invention
  2. Copyright artistic work
  3. Trademark design/phrase 
  4. Trade Secret disclosure will damage business
  5. Licensing to use other's work
  6. Privacy individ. info
Term
Information Privacy Law
Definition
  • Privacy Act of 1974
  • FERPA
  • ECPA
  • HIPAA
  • GLBA
  • COPPA
  • USA Patriot Act
  • SOX Act
Term
Computer Crime Law
Definition
  • CFAA
  • CSA
  • NIIPA
  • FISMA
Term
Compliance
Definition
  • awareness and adherence to relevant laws/regulations
  • evolve w/new laws
  • top mgt priority
  • legal support is advised for Sec. Professionals
Term
Liability
Definition
  • legal responsibility for any damage caused by 1 party to another party
  • avoid by following compliance, prudent person and:
    • due diligence prove authencity of claims
Term
Internal Audits vs External Audits
Definition
  1. Internal
    • Audit dept
    • review processes, logs, transactions
    • Ensure compliance
  2. External
    • 3rd Party
    • Verify Compliance
    • Provide oversight
Term
Govt Oversight Resources
Definition
Term
Computer Crime
Definition
  • criminal act involving using computer as source or target
  • stealing restricted information via hacking
  • fraud
  • illegal activity
  • malicious code
Term
Computer Crime Incident Response Process (9 steps)
Definition
  1. Response capability
  2. Incident Response and handling
  3. Triage
  4. Investigateive
  5. Containment
  6. Analysis and tracking
  7. Recovery
  8. Repair
  9. Debriefing and feedback
Term
Evidence Life Cycle
Definition
  1. Discover/recognize
  2. Protection
  3. Recording
  4. Collection
  5. Identification
  6. Storage/preservation
  7. Transportation
  8. Presentation in court
  9. Returned to victim/owner
Term
Evidence Collection Techniques (3 points)
Definition
  1. Special techniques differ from physical crime
  2. Utilize PROs
  3. Amateurs may damage evidence
Term
Evidence Types (9)
Definition
  1. Best
  2. Secondary
  3. Direct
  4. Conclusive
  5. Opinion Expert (facts and expertise) vs Non-expert (just facts)
  6. Corroborative multiple sources
  7. Circumstantial
  8. Hearsay
  9. Demonstrative
Term
Chain of Evidence
Definition
  • record of evidence history from collection to presentation
  • legal control to provide accountability and integrity
  1. Collect evidence
  2. Maintain evidence
  3. Present in court
  4. Return to owner
Term
Rules of Evidence
Definition
  1. Reliable
  2. Preserved
  3. Relevant
  4. Properly ID'd
  5. Legally Permissible
Term
Surveillance Techniques
Definition
  1. Protocol Analyzers/Sniffers intercept network traffic
  2. CCTV video
  3. Wire Taps subject to ECPA, requires subpeona
  4. Security Personnel
Term
Search & Seizure
Definition
  • may be able to collect w/in org's boundary
  • law enforcement has restrictions
  • consult legal advisors regarding legal limitations if violated, could be excluded from court
  • inform employees of privacy policies
Term
Computer Forensics
Definition
  1. Analyze SW for virus/worms
  2. Obtain forensic copies of disk drive
  3. Analyze disk drives for hidden information: slack space, deleted files, unallocated space
  4. Analyze network traffic to locate criminal activity
  5. Shutdown system w/o losing evidence
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