ACPO and legislation Flashcards
what is a forensic image
a bit by bit exact copy of the original data drive
what are the ACPO guidelines
- 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
what is principle one
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.
what is principle two
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
what is principle three
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.
what is principle four
The person in charge of the investigation has overall responsibility for ensuring that the law and these principles are adhered to.
computer misuse act 1990 S1
unauthorised accede to computer material
computer misuse act 1990 S2
unauthorised access with intent to commit or facilitate commission of further offences
computer misuse act 1990 S3
unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer
computer misuse act 1990 S3ZA
unauthorised acts causing, or creating risk of serious damage
computer misuse act 1990 S3A
making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA
copyright, designs and patents act 1988
copyright protects intellectual property
what is the duration of the copyright, designs and patents act 1988
70 years after death of author but in some cases it is 50 years from a specific event depending on type of work protected
is the copyright, designs and patents act 1988 automatic
yes, don’t need to apply for it but does depend on the work itself being original and the authors own intellectual creation
types of intellectual property copyright protects:
original literary, dramatic, musical or artistic works
sound recordings, films or broadcasts
typographical arrangement of published editions