Chapter 3 Flashcards by John Miles De Guzman

– Is the Nation’s cryptologic organization
– Protects US information systems
– Produces foreign intelligence information
– Responsible for signal intelligence and information system security

National Security Agency (NSA)

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Major IT Professional Organizations

Association of Computing Machinery
International Information Systems Security Certification Consortium, Inc
System Administration, Networking, Security Institute
Information Systems Audit and Control Association
Information Systems Security Association

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The leader in development and implementation of information security legislation?

United States of America

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– Established in 1947 as “the world’s first educational and scientific computing society”
– Code of ethics contains references to protecting information confidentiality, causing no harm, protecting others’ privacy, and respecting others’ intellectual property

*Association of Computing Machinery (ACM)

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Certification Consortium, Inc. (ISC)2
– Nonprofit organization focusing on development and implementation of information security certifications and credentials
– Code primarily designed for information security
professionals who have certification from (ISC)2
– Code of ethics focuses on four mandatory canons

International Information Systems Security

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body of expectations that describe
acceptable and unacceptable employee behaviors
in the workplace

Policies

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regulates structure/administration of
government agencies and relationships with
citizens, employees, and other governments

Public

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Seeks to improve reliability and accuracy of
financial reporting and increase the accountability of corporate governance.

Sarbanes-Oxley Act of 2002

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rules that mandate or prohibit certain
societal behavior

Law

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fixed moral attitudes or customs of
a particular group; ethics based on these.

Cultural Mores

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addresses violations harmful to society;
actively enforced by the state

Criminal

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What is the difference of law and policy?

Ignorance of a
policy is an acceptable defense.

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regulates relationships between individuals
and organizations.

Private

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– Maintains an intrusion alert network
– Maintains a secure Web site for communication
about suspicious activity or intrusions
– Sponsors local chapter activities
– Operates a help desk for questions

Federal Bureau of Investigation’s National
InfraGard Program

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– Professional association with focus on auditing, control, and security
– Concentrates on providing IT control practices and standards
– ISACA has code of ethics for its professionals

Information Systems Audit and Control Association (ISACA)

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5 issues covered by Agreement on Trade-Related Aspects of Intellectual Property Rights

– Application of basic principles of trading system and international intellectual property agreements
– Giving adequate protection to intellectual property rights
– Enforcement of those rights by countries in their own territories
– Settling intellectual property disputes
– Transitional arrangements while new system is being introduced

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“occurring when someone uses your personally identifying information, like your name, Social Security number, or credit card number, without your permission, to commit fraud or other crimes”

Identity Theft

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provides law enforcement agencies with broader latitude in order to combat terrorism-related activities

USA PATRIOT Act of 2001

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Export and Espionage Laws

Economic Espionage Act of 1996 (EEA)
Security And Freedom Through Encryption Act of 1999 (SAFE)
The acts include provisions about encryption that:
– Reinforce the right to use or sell encryption
algorithms, without concern of key registration
– Prohibit the federal government from requiring it
– Make it not probable cause in criminal activity
– Relax export restrictions
– Additional penalties for using it in a crime

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Examples of Criminal Cases

Murder.
Robbery.
Treason.
Rape.
Kidnapping.

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Establishes international task force overseeing
Internet security functions for standardized
international technology laws
Attempts to improve effectiveness of international
investigations into breaches of technology law
Well received by intellectual property rights
advocates due to emphasis on copyright
infringement prosecution
Lacks realistic provisions for enforcement

European Council Cyber-Crime
Convention

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legal obligation of an entity extending
beyond criminal or contract law; includes legal
obligation to make restitution

Liability

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best method for preventing an illegal or
unethical activity; e.g., laws, policies, technical
controls

Deterrence

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General Computer Crime Laws

Computer Fraud and Abuse Act of 1986
National Information Infrastructure Protection act of 1996
USA PATRIOT Act of 2001
4.USA PATRIOT Improvement and Reauthorization Act
Computer Security Act of 1987

– Made up of five directorates, or divisions – Mission is to protect the people as well as the physical and informational assets of the US

Department of Homeland Security (DHS)

governs nation or state; manages relationships/conflicts between organizational entities and people.

Civil

Key Federal Agency

1. Department of Homeland Security (DHS) 2. Federal Bureau of Investigation’s National InfraGard Program 3. National Security Agency (NSA) 4. U.S. Secret Service

– Modified several sections of the previous act and increased the penalties for selected crimes – Severity of penalties judged on the purpose * For purposes of commercial advantage * For private financial gain * In furtherance of a criminal act

National Information Infrastructure Protection Act of 1996

define socially acceptable behavior.

Ethics

– Nonprofit society of information security (IS) professionals – Primary mission to bring together qualified IS practitioners for information exchange and educational development – Promotes code of ethics similar to (ISC)2 , ISACA, and ACM

Information Systems Security Association (ISSA)

to compensate for wrongs committed by an organization or its employees

Restitution

To minimize the risk, information practitioner should

- Understand current legal environment – Stay current with laws and regulations – Watch for new issues that emerge

Privacy US Regulations

– Privacy of Customer Information Section of the common carrier regulation – Federal Privacy Act of 1974 – Electronic Communications Privacy Act of 1986 – Health Insurance Portability and Accountability Act of 1996 (HIPAA), aka Kennedy-Kassebaum Act – Financial Services Modernization Act, or Gramm-Leach-Bliley Act of 1999

Examples of Civil Cases

* A person who is hurt in a car accident sues the driver of the other car; * A worker sues his employer after the worker hurts his back at work and can never work again; * A homeowner who has hired a builder to build a new kitchen sues the builder when the kitchen is badly built and has to be fixed; * A family sues their doctor when the doctor does not discover that the mother has cancer in time for the cancer to be treated

The organization must be able to demonstrate that the relevant policy has been made readily available for review by the employee. Common dissemination techniques include hard copy and electronic distribution.

Dissemination (distribution)

Allows access to federal agency records or information not determined to be matter of national security

Freedom of Information Act of 1966 (FOIA)

– Professional organization with a large membership dedicated to protection of information and systems – SANS offers set of certifications called Global Information Assurance Certification (GIAC)

System Administration, Networking, and Security Institute (SANS)

Examples of Private Cases

* Divorce and Infidelity Investigations. The end of a marriage often involves the loss of trust between spouses. ... * Child Custody Disputes. ... * Finding Missing Loved Ones. ... * Serving Legal Papers. ... * Trial Preparation. ... * Social Media Investigations. ... * Background Investigations.

: ensuring that employees know what constitutes acceptable behavior and know the consequences of illegal or unethical actions

Due Care

Difference between laws and ethics?

Laws carry sanctions of a governing authority; ethics do not.

The organization must be able to demonstrate that it disseminated the document in an intelligible form, including versions for illiterate, non-English reading, and reading-impaired employees. Common techniques include recordings of the policy in English and alternate languages.

Review (reading)

function as laws within an organization; must be crafted carefully to ensure they are complete, appropriate, fairly applied to everyone

Policy

cornerstone of many computer-related federal laws and enforcement efforts

Computer Fraud and Abuse Act of 1986

* Created by World Trade Organization (WTO) * First significant international effort to protect intellectual property rights * Outlines requirements for governmental oversight and legislation providing minimum levels of protection for intellectual property

Agreement on Trade-Related Aspects of Intellectual Property Rights

The organization must be able to demonstrate that the employee understood the requirements and content of the policy. Common techniques include quizzes and other assessments

Comprehension (understanding)

court's right to hear a case if the wrong was committed in its territory or involved its citizenry

Jurisdiction

The organization must be able to demonstrate that the employee agrees to comply with the policy, through act or affirmation. Common techniques include logon banners which require a specific action (mouse click or keystroke) to acknowledge agreement, or a signed document clearly indicating the employee has read, understood, and agreed to comply with the policy.

Compliance (agreement)

Laws and policies only deter if three conditions are present:

– Fear of penalty – Probability of being caught – Probability of penalty being administered

Is a “state of being free from unsanctioned intrusion”

Privacy

right of any court to impose its authority over an individual or organization if it can establish jurisdiction

Long arm jurisdiction

Policy enforcement

1. Dissemination 2. Review 3. Comprehension 4. Compliance 5. Uniform Enforcement

Made permanent fourteen of the sixteen expanded powers of the Department of Homeland Security and the FBI in investigating terrorist activity

USA PATRIOT Improvement and Reauthorization Act

* Intellectual property recognized as protected asset in the U.S.; copyright law extends to electronic formats

U.S. Copyright Law

The organization must be able to demonstrate that the policy has been uniformly enforced, regardless of employee status or assignment.

Uniform enforcement

Types of Law

1. Civil 2. Criminal 3. Public 4. Private

making a valid effort to protect others; continually maintaining level of effort

Due Diligence

one of the first attempts to protect federal computer systems by establishing minimum acceptable security practices

Computer Security Act of 1987

Protects the confidentiality and security of health care data by establishing and enforcing standards and by standardizing electronic data interchange

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Three General Cause of Unethical and illegal behavior

: ignorance, accident, intent