ACPO and legislation Flashcards

1
Q

what is a forensic image

A

a bit by bit exact copy of the original data drive

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2
Q

what are the ACPO guidelines

A
  • drawn up for UK law enforcement
  • help investigate cyber incidents
  • been adopted by cyber professionals all around world
  • 4 common sense principles to ensure any evidence collected is admissible in court
  • not a set of UK laws but a set of guiding principles to ensure digital evidence is collected, preserved ethically, legally and securely
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3
Q

what is principle one

A

No action taken by law enforcements agencies, persons employed within those agencies or their agents should change data which may subsequently be relied upon in court.

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4
Q

what is principle two

A

In circumstances where a person finds it necessary to access original data, that person must be competent to do so and be able to give evidence explaining the relevance and the implications of their actions

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5
Q

what is principle three

A

An audit trail or other record of all processes applied to digital evidence should be created and preserved. An independent third party should be able to examine those processes and achieve the same result.

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6
Q

what is principle four

A

The person in charge of the investigation has overall responsibility for ensuring that the law and these principles are adhered to.

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7
Q

computer misuse act 1990 S1

A

unauthorised accede to computer material

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8
Q

computer misuse act 1990 S2

A

unauthorised access with intent to commit or facilitate commission of further offences

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9
Q

computer misuse act 1990 S3

A

unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer

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10
Q

computer misuse act 1990 S3ZA

A

unauthorised acts causing, or creating risk of serious damage

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11
Q

computer misuse act 1990 S3A

A

making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA

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12
Q

copyright, designs and patents act 1988

A

copyright protects intellectual property

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13
Q

what is the duration of the copyright, designs and patents act 1988

A

70 years after death of author but in some cases it is 50 years from a specific event depending on type of work protected

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14
Q

is the copyright, designs and patents act 1988 automatic

A

yes, don’t need to apply for it but does depend on the work itself being original and the authors own intellectual creation

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15
Q

types of intellectual property copyright protects:

A

original literary, dramatic, musical or artistic works
sound recordings, films or broadcasts
typographical arrangement of published editions

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16
Q

designs in the copyright, designs and patents act 1988

A

registered designs or unregistered designs = you can pay to have the design registered but any unregistered design is automatically covered like with copyright

17
Q

patents in the copyright, designs and patents act 1988

A

new inventions including products and industrial processes

have to apply for a patent

lengthy process and your invention is investigated to make sure it is new

can renew a patent for up to 20 years

18
Q

what does GDPR stand for

A

general data protection regulation

19
Q

what is the GDPR

A

european regulation that is compulsory law that has to be used in full across the entire european union

20
Q

what does DPA stand for

A

data protection act

21
Q

what year is the DPA

A

2018