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CISSP > Legal > Flashcards

Legal Flashcards

1
Q

Common Law

A

Common Law- used in US, Canada, UK. Uses preceding cases and judicial precedence as determinants of law. Judicial interpretations can change as society changes.

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2
Q

Civil Law

A

Civil Law- most common; judicial precedents and case rulings do not carry as much weight as in Common Law.

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3
Q

Religious Law

A

Religious Law- based on religious doctrine. Islam (aka Sharia) uses Qur’an and Hadith for it foundation

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4
Q

Customary Law

A

Customary Law- commonly accepted customs and practices are treated as law eg best practices

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5
Q

US Common Law categories

A

US Common Law categories:
• Criminal – Crimes committed against society. Penalties include Jail time.
Proof must be: “Beyond a reasonable doubt”
• Civil (Tort) – Wrongful acts against another party. Penalties include financial restitution
Proof must be: “based upon the preponderance of evidence”
• Administrative (Regulatory) – Define standards of performance and conduct for major
industries. Penalties include both financial penalties and jail time. Eg FAA, HIPAA, FDA, FCC

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6
Q

Civil Penalty Types

A

Civil Penalty Types:
o Compensatory – Based on actual damages to the victim
o Punitive – Intended as a punishment. Usually awarded by a jury
o Statutory – Mandatory damages determined by law

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7
Q

Council on Europe Convention on Cybercrime

A

Council on Europe Convention on Cybercrime- computer crime council for international coorporations where systems as target and systems as a tool

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8
Q

IP

A

Intellectual Property: Licensing is the most prevalent violation, followed by plagiarism, piracy and corporate espionage. Protected through:

  • Patent
  • Trademark
  • Copyright
  • Trade Secret
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9
Q

Patents

A

Patents – A government granted property right given to an inventor. Good for 20 yrs

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10
Q

Trademark

A

Trademark ™ – A name, logo or symbol used in commerce to identify a company’s goods. SM (service mark) brands a service offering. Attacks: counterfeiting, dilution (kleenex), cybersquatting, typosquatting

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11
Q

Copyright

A

Copyright – Protection granted to authors of original works. US: 70 yrs after author death, 95-120yrs after corporation creation/publishing; Europe: 70 yrs after death of author
o First sale- permits purchaser of copyright material to sell it to another person
o Fair use- allows duplication of copyrighted material without consent of copyright holder if it does not reduce the value of the original work

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12
Q

Trade Secret

A

Trade Secret – Proprietary information that a party has exclusive rights to.
To qualify as a trade secret information must meet the following requirements:
o Must be genuine and not obvious
o Must provide the owner with competitive or economic advantage
o Must be reasonably protected from disclosure

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13
Q

WIPO

A

WIPO- Main international organization run by the UN is the World Intellectual Property Organization (WIPO)

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14
Q

Import/Export restrictions

A

Import/Export restrictions- Cryptosystems import/export limited by many countries; WASSENAAR Agreement makes it illegal to export munitions to terrorist sponsored nations

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15
Q

Internet crime problems

A 
Problems associated with internet crime:
• Cross jurisdictional problems
• Lack of skill of investigators
• No laws for the crime in the location it was committed
• “Rules of Evidence” are not consistent
• Lack of tangible evidence
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16
Q

Prudent Man Rule

A

Prudent Man Rule: To Perform duties that prudent people would do in similar circumstances

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17
Q

Due care

A

Due care- is a minimum standard of protection; org will engage in practices that a prudent, right thinking person would consider appropriate

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18
Q

Due Diligence

A

Due Diligence- requires that an org will continually scrutinize their practices to ensure that that are always meeting/exceeding protection requirements; means actively management and a formal process

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19
Q

Proximate Causation

A

Proximate Causation: A natural, direct, uninterrupted consequence of an act from which an injury results and as without which the injury would not have occurred

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20
Q

Culpable Negligence

A

Culpable Negligence: recklessly acting without reasonable caution and putting another person at risk of injury or harm (or failing to do something with the same consequences)

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21
Q

Forensics

A 
Forensics is evidence-centric relevant to crimes; must preserve the crime scene;
o	Identification
o	Preservation
o	Collection
o	Examination
o	Analysis- not using original media; use binary backup
o	Presentation
o	Decision
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22
Q

Media Analysis

A

Media Analysis- binary images capture all data. 4 types of data:
o Allocated space- contains active data
o Unallocated space- no active data
o Slack space- leftover space in a cluster
o Bad blocks/cluster/sector- usually marked as unreadable due to physical defect; can be used to hide data

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23
Q

Forensics SW Analysis

A

Forensics SW Analysis – comparing or reverse engineering SW; uses disassemblers; virtualization; debuggers

24
Q

Incident response

A

Incident response (vs Forensics) identifies, contains and recovers from incidents. Every action must be documented for legal proceedings

25
Q

Evidence should be…

A

Evidence should be relevant, authentic, accurate, complete, and convincing

26
Q

Direct evidence

A

Direct – An eyewitness account

27
Q

Real evidence

A

Real (Physical) – Tangible objects related to the crime like weapons, surveillance tapes

28
Q

Circumstantial evidence

A

Circumstantial- serves to establish the circumstances of other evidence

29
Q

Corroborative evidence

A

Corroborative- additional support for a fact; does not establish a fact on its own

30
Q

Hearsay evidence

A

Hearsay- second-hand evidence (business and computer generated records); normally inadmissible; Rule 803 (a record made near the time) & Rule 1001 (printouts, memory) make can make data admissable

31
Q

Demonstrative evidence

A

Demonstrative – Expert testimony, models or simulations

32
Q

Best Evidence Rule

A

Best Evidence Rule: Documentary evidence. Requires that writings, recordings or photographs should be the originals. It was established to prevent tampering.

33
Q

Secondary evidence

A

Secondary evidence- copies of documents or oral descriptions

34
Q

Dumpster Diving

A

Dumpster Diving: Going through another party’s trash looking for useful information. In many cases this is NOT considered illegal.

35
Q

Chain of Custody

A

Chain of Custody: Procedures that requires a history showing how evidence was Collected, Analyzed, stored, transported and preserved in order to be presented in court

36
Q

Reasonable Searches

A

Reasonable Searches- (companies should make aware about monitoring and search)
o if the property is in plainsight or at a public checkpoint
o exigent circumstances- immediate threat to human life or destruction of evidence
o private citizens not acting as agents of law enforcements

37
Q

Enticement

A

Enticement: When someone is provided with a favorable opportunity to commit a crime

38
Q

Entrapment

A

Entrapment: When someone is induced or persuaded to commit a crime that they had no previous intention to commit

39
Q

MOM

A

MOM- Why crimes are committed:
o Motivations- Who commits these crimes and why; What do they get out of these acts
o Opportunities- Where do opportunities exist for computer crimes; When would someone take advantage of these opportunities
o Means- Who has the capabilities to commit these types of crimes

40
Q

Opt-in

A

Opt-in (choose to do something)

41
Q

Opt-out

A

Opt-out (chosen for them by default)

42
Q

OECD

A

OECD guidelines (Org for Economic Cooperation and Development)- used by Europe, US, Japan and others. Has following principles:
o Collection Limitation- Collected fairly and lawfully
o Data Quality- Be accurate and kept up-to-date
o Purpose Specification- Used for the intended purpose
o Use Limitation- never be disclosed w/out consent or legal requirement
o Security Safeguards- protected against unauthorized use, disclosure, alteration
o Openness- readily available
o Individual Participation- find out if an entity holds their data; give reason for being held; challenge the content of data
o Accountability- accountable for adhering to above principles

43
Q

EU Data Protection Directive

A

EU Data Protection Directive
o Notify individuals how their personal data is collected and used
o Allow individuals to opt out of sharing
o Require that individuals to opt into sharing most personal data
o Provide reasonable protections for personal data

44
Q

EU-US Safe Harbor

A

EU-US Safe Harbor- US has less stringent privacy protections; Safe Harbor provides that EU data can be onward transfer to US companies by US company complying with EU Data Protection Directive.

45
Q

US Federal Privacy Act of 1974

A

US Federal Privacy Act of 1974: Protects records and information maintained by US government agencies about US citizens and lawfully permanent residents. Citizens have access to the data relative to them.

46
Q

HIPAA

A

US Health Insurance Portability and Accountability Act (HIPAA) addresses four key areas:
• Administrative Procedures – Requires formally documented security management practices
• Physical Safeguards – Requires physical protection for computing systems and media
• Technical Security Services – Requires technical access controls including authentication, authorization and auditing.
• Technical Security Mechanisms – Requires protection of data during transit

47
Q

US Computer Fraud and Abuse Act of 1986

A

US Computer Fraud and Abuse Act of 1986 covered government and financial computers resulting in $5000 damages for a year

48
Q

US Electronic Communications Privacy Act (ECPA) of 1986

A

US Electronic Communications Privacy Act (ECPA) of 1986:
• Prohibits eavesdropping and wire tapping
• Provides the legal basis for companies to monitor their own networks

49
Q

USA Patriot Act of 2001

A

USA Patriot Act of 2001- expanded law enforcement coverage for wiretaps, electronic monitoring, search & seizure w/out requiring immediate disclosure

50
Q

GLBA

A

Graham-Leach-Bliley Act (GLBA)- requires financial institutions to protect confidentiality and integrity of consumer financial info

51
Q

California Senate Bill 1386

A

California Senate Bill 1386- requires organization with breached personal data to notify them

52
Q

SOX

A

Sarbanes-Oxley Act 2002 (SOX)- regulatory compliance for publicly traded companies; ensures financial disclosure and auditor independence

53
Q

PCI-DSS

A

PCI-DSS- payment card security protection through policy, devices, control, and monitoring

54
Q

Attestation

A

Attestation- having a 3rd party review the practices of the service provider; use ISO 27001 or PCI-DSS

55
Q

(ISC)2 Ethics

A 
(ISC)2 Ethics- most testable code on exam. Contains:
o	preamble (intro), 
o	canons (mandatory), 
o	guidance (advisory).

Canons (in priority) are:
o Protect society, the commonwealth, and the infrastructure
o Act honorably, honestly, justly, responsibly, and legally
o Provide diligent and competent service to principles
o Advance and protect the organization

56
Q

Computer Ethics Institute

A

Computer Ethics Institute- ten commandments of Computer Ethics (Thou shalt not…)

57
Q

IAB Ethics

A

IAB (internet Activities Board) Ethics- 5 practices considered unethical:
o Unauthorized access to internet resources
o Disrupt intended use of internet
o Waste internet resources
o Destroys integrity of computer-based information
o Compromises the privacy of others

CISSP (13 decks)

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