Best practice and the law Flashcards

1
Q

What is a computer virus?

Program or file

A
  • A computer virus attaches itself to a program or file enabling it to spread from one computer to another, leaving infections as it travels.
  • Can’t spread without human interaction
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2
Q

What is a worm?

Transport features

A
  • A worm is similar to a virus by design and is considered to be a sub-class of a virus.
  • Worms spread from computer to computer, but unlike a virus, it has the capability to travel without any human action.
  • A worm takes advantage of file or information n transport features on your system, which is what allows it to travel unaided.
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3
Q

What is the dangers of a worm?

Devastating effect

A
  • It can replicate itself on your system
  • It could send out hundreds or thousands of copies of itself, creating a huge devastating effect.
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4
Q

What is a trojan horse?

Backdoor

A
  • Appear to be useful software but will actually do damage once installed or run on your computer.
  • Create a backdoor on your computer that gives malicious users access to your system, possibly allowing confidential or personal information to be compromised.
  • Do not reproduce by infecting other files nor do they self-replicate.
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5
Q

What is it an offence to do under section 58 of the Terrorism Act 2000?

A

It is also an offence under section 58 of the Terrorism Act 2000 to take a photograph of a kind likely to be useful to a person committing or preparing an act of terrorism, or possessing such a photograph.

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6
Q

What are examples of digital crime?

A
  • Hacking
  • Trojans
  • Grooming
  • Viruses
  • Fraud
  • Paedophilia
  • Terrorism
  • Blackmail
  • Trafficking
  • Identity theft
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7
Q

When handling digital evidence, what should you do?

A
  • Create a hash (message digest) from the data (43-character long string of numbers and letters) acts as a URN for data.
  • Even if the evidence changes by 1 binary digit you’ll have a completely different hash.
  • This ensures the evidence is no more than what you started with.
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8
Q

What is Principle 1: Data Preservation?

A

No action taken by law enforcement agencies or their agents should change data held on a computer or storage media which may subsequently be relied upon in court.

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9
Q

What is Principle 2: Competence?

A

In circumstances where a person finds it necessary to access original data held on a computer or on storage media, 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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10
Q

What is Principle 3: Audit trail?

A
  • An audit trail or other record of all processes applied to computer-based electronic evidence should be created and preserved. An independent third party should be able to examine those processes and achieve the same result.
  • Here the assumption is that the 3rd party is a forensic practitioner
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11
Q

What is Principle 4: Responsibility?

A

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

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12
Q

For the reconstruction of the system, what should be seized?

A

MAIN UNIT - usually the box to which the keyboard and monitor are attached
MONITOR
KEYBOARD AND MOUSE
ALL LEADS (including power cables)
POWER SUPPLY UNITS
HARD DISKS - not fitted inside the computer
DONGLES (small connectors plugged into the back of the machine)

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13
Q

What is a logic drive?

A

A logical drive is a drive space that is logically created on top of a physical hard disk drive.

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14
Q

What is a logical partition?

Hardware resources, separate

A

A logical partition, commonly called an LPAR, is a subset of a computer’s hardware resources, virtualized as a separate computer. In effect, a physical machine can be partitioned into multiple logical partitions, each hosting a separate operating system.

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15
Q

What does Section 1 of the Computer Misuse Act 1990 cover?

A

Unauthorised access to computer material

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16
Q

What does Section 2 of the Computer Misuse Act 1990 cover?

A

Unauthorised access with intent to commit or facilitate the commission of a further offence.

17
Q

What does Section 3 of the Computer Misuse Act 1990 cover?

modification

A

Unauthorised modification of computer material

18
Q

What is the custodial sentence for Section 1 of the Computer Misuse Act 1990?

A

In 2006 the maximum custodial sentence for hacking was increased from 6 months to two years.

19
Q

What is the custodial sentence for Section 2 of the Computer Misuse Act 1990?

A

5 years or more

20
Q

What is the custodial sentence for Section 3 of the Computer Misuse Act 1990?

A

Maximum of 10 years - Information/data considered not to be tangible and therefore not covered by Criminal Damage Act 1971

21
Q

What does Section 1 of the Protection of Children Act 1978 cover?

A

a) Taking, making or possessing an indecent photograph of a child
(b) Distributing an indecent photograph of a child
(c) Possessing with a view to distributing an indecent photograph of a child

22
Q

What was the Criminal Justice and Public Order Act 1994 amended to include?

A

Amended S(1) of POCA to include pseudo-photographs

23
Q

What did they amend the POCA act to include in terms of sexual offences?

A

Sexual Offences Act 2003:
- Increased the age of a child from 16 to 18
- Added a defence where an indecent photograph of a child over the age of 16 was created by the child’s long-term partner (married or ‘enduring relationship’)
- Added a defence where it is necessary to create an indecent image of a child for criminal investigation

24
Q

What proves actus reus for child pornography?
(guilty act)

A

The pictures found

25
Q

What proves the mens rea for child pornography? (Intent)

A
  • Pictures saved
  • Pictures renamed
  • Searching for pictures
  • Browsing multiple pages
  • Access to pictures