Laws, Regulations, and Compliance Flashcards
Understand the differences between criminal law, civil law, and administrative law
Criminal law protects society against acts that violate the basic principles we believe in. Violations of criminal law are prosecuted by federal and state governments. Civil law provides the framework for the transaction of business between people and organizations. Violations of civil law are brought to the court and argued by the two affected parties. Administrative law is used by government agencies to effectively carry out their day-to-day business.
Be able to explain the basic provisions of the major laws designed to protect society against computer crime
The Computer Fraud and Abuse Act (as amended) protects computers used by the government or in interstate commerce from a variety of abuses. The Electronic Communications Privacy Act (ECPA) makes it a crime to invade the electronic privacy of an individual.
Know the differences among copyrights, trademarks, patents, and trade secrets
Copyrights protect original works of authorship, such as books, articles, poems, and songs. Trademarks are names, slogans, and logos that identify a company, product, or service. Patents provide protection to the creators of new inventions. Trade secret law protects the operating secrets of a firm.
Be able to explain the basic provisions of the Digital Millennium Copyright Act of 1998
The Digital Millennium Copyright Act prohibits the circumvention of copy protection mechanisms placed in digital media and limits the liability of internet service providers for the activities of their users.
Know the basic provisions of the Economic Espionage Act of 1996
The Economic Espionage Act provides penalties for individuals found guilty of the theft of trade secrets. Harsher penalties apply when the individual knows that the information will benefit a foreign government.
Understand the various types of software license agreements
Contractual license agreements are written agreements between a software vendor and user. Shrink-wrap agreements are written on software packaging and take effect when a user opens the package. Click-through agreements are included in a package but require the user to accept the terms during the software installation process.
Understand the notification requirements placed on organizations that experience a data breach
California’s SB 1386 implemented the first statewide requirement to notify individuals of a breach of their personal information. All other states eventually followed suit with similar laws. Currently, federal law only requires the notification of individuals when a HIPAA-covered entity breaches their protected health information.
Understand the major laws that govern privacy of personal information in the United States, the European Union, and Canada
The United States has a number of privacy laws that affect the government’s use of information as well as the use of information by specific industries, such as financial services companies and healthcare organizations that handle sensitive information. The EU has a more comprehensive General Data Protection Regulation that governs the use and exchange of personal information. In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) governs the use of personal information.
Explain the importance of a well-rounded compliance program
Most organizations are subject to a wide variety of legal and regulatory requirements related to information security. Building a compliance program ensures that you become and remain compliant with these often overlapping requirements.
Know how to incorporate security into the procurement and vendor governance process
The expanded use of cloud services by many organizations requires added attention to conducting reviews of information security controls during the vendor selection process and as part of ongoing vendor governance.
Be able to determine compliance and other requirements for information protection
Cybersecurity professionals must be able to analyze a situation and determine what jurisdictions and laws apply. They must be able to identify relevant contractual, legal, regulatory, and industry standards and interpret them for their given situation.
Know legal and regulatory issues and how they pertain to information security
Understand the concepts of cybercrime and data breaches and be able to apply them in your environment when incidents arise. Understand what licensing and intellectual property protections apply to your organization’s data and your obligations when encountering data belonging to other organizations. Understand the privacy and export control issues associated with transferring information across international borders.
