Chapter 10 – Legal and Compliance Part I Flashcards
What is Criminal Law?
Criminal Law encompasses all legal matters where the government is in conflict with a person, group, or organization that violates statutes; includes federal court system. Punishments can be monetary fines, imprisonment, or death. Enforcement is called prosecution.
What are State Laws?
State Laws are laws enacted by a state legislature; federal laws supersede state laws.
What are Federal Laws?
Federal Laws are laws that affect the entire country; issues of jurisdiction and prosecution are negotiated between law enforcement and courts prior to prosecution.
What is Civil Law?
Civil Law is a body of law that deals with personal and community-based law such as marriage and divorce; governs private citizens and disputes. Cases are called lawsuits or litigations and involve restitution of monetary damages or actions, but not imprisonment.
What is a Contract?
A Contract is an agreement between parties; in a breach of contract, a party can sue for court-ordered relief in money or other considerations.
What is Common Law?
Common Law is the existing set of rulings and decisions made by courts, informed by cultural mores and legislation, creating precedents that parties cite in court.
What is Administrative Law?
Administrative Law consists of laws not created by legislatures but by executive decisions and functions; federal agencies can create, monitor, and enforce their own administrative law.
What is the ECPA?
The ECPA (Electronic Communication Privacy Act) restricts the government from putting wiretaps on phone calls and electronic communication.
What is the GLBA?
The GLBA (Graham-Leach-Bliley Act) allows banks to merge with insurance companies and financial institutions while keeping customer account information secure and private.
What is SOX?
SOX (Sarbanes-Oxley Act) promotes transparency in publicly traded corporations’ financial activities and includes provisions for securing data.
What is HIPAA?
HIPAA (Health Insurance Portability and Accountability Act) protects patient records and data, known as ePHI.
What is FERPA?
FERPA (Family Educational Rights and Privacy Act) prevents academic institutions from sharing student data with anyone other than parents or students after age 18.
What is the DMCA?
The DMCA (Digital Millennium Copyright Act) protects owned data and makes cracking access controls on copyrighted media a crime.
What is the CLOUD Act?
The CLOUD Act allows US law enforcement and courts to compel American companies to disclose data stored in foreign data centers.
What is FedRAMP?
FedRAMP is a US federal program that mandates a standardized approach to security assessments, authorization, and continuous monitoring of cloud products/services.
