Chapter 3 - Legal, Ethical and Professional Issues in Information Security Flashcards
Learning Objectives
–Describe the functions of and relationships among laws, regulations, and professional organizations in information security
–Explain the differences between laws and ethics
–Identify major national laws that affect the practice of information security
–Discuss the role of culture as it applies to ethics in information security
What are the 3 things an IS practitioner must do to reduce risks and liabilities?
- Understand the current legal environment
- Stay current with laws and regulations
- Watch for new and emerging issues
Laws
Rules that mandate or prohibit certain actions or behaviors and are enforced by the state/government.
Ethics
Regulate and define socially acceptable behavior.
Cultural mores
fixed moral attitudes or customs of a particular group
Main difference b/w laws and ethics
laws have the cudgel of force behind them
Liability
the legal obligation of an entity beyond criminal or contract law, includes the legal obligation to make restitution
Restitution
the legal obligation to compensate an injured party for the wrongs committed
Due care
the legal standard requiring a prudent organization to act both legally and ethically and know the consequences of actions
Due diligence
the legal standard requiring a prudent organization to maintain the standard of due care and ensure actions are effective
Jurisdiction
&
Long-arm Jurisdiction
•Jurisdiction: court’s right to hear a case if the wrong was committed in its territory or involved its citizenry
•Long arm jurisdiction: application of laws to those residing outside court’s normal jurisdiction; usually granted when person acts illegally within jurisdiction and leaves
Policies
•Policies: managerial directives that specify acceptable and unacceptable employee behavior in the workplace
Difference between policy and law
ignorance of a policy is an acceptable defense
5 Criteria for policy enforcement
•Criteria for policy enforcement:
–Dissemination (distribution)
–Review (reading)
–Comprehension (understanding)
–Compliance (agreement)
–Uniform enforcement
Civil Law
governs nation or state; manages relationships/conflicts between organizations and people
Criminal Law
•Criminal: addresses activities and conduct harmful to society; actively enforced by the state
Private Law
•Private: family/commercial/labor law; regulates relationships between individuals and organizations
Public law
•Public: regulates structure/administration of government agencies and relationships with citizens, employees, and other governments
Computer Fraud and Abuse Act of 1986 (CFA Act)
•cornerstone of many computer-related federal laws and enforcement efforts
National Information Infrastructure Protection Act of 1996
–Modified several sections of the previous act and increased the penalties for selected crimes
The National Info Infrastructure Act increased penalties judged on the value of the information and the purpose. What are the three purposes?
- Purpose of commercial advantage
- For private financial gain
- In furtherance of a criminal act
USA PATRIOT Act of 2001
•USA PATRIOT Act of 2001: provides law enforcement agencies with broader latitude in order to combat terrorism-related activities