Legal, Regulations, Investigations, Compliance Flashcards
Digital crime terms and info
Even if the perpetrator is discovered, they can’t be held accountable if the investigation didn’t adhere to the laws and regulations
What 2 groups investigate computer crimes?
most security issues come from internal employees
Secret Service and the FBI
Due care
Due diligence
organizations should have a means for employees to report incidents or crimes
Due care - examined organization for vulnerabilities
Due dilligence - mitigated vulnerabilities
Digital crime terms and info
hackers crackers white hat black hat gray hat
hackers - break into systems to gain knowledge, pranks crackers - nefarious purposes white hat - no malicious intent black hat - malicious intent gray hat - in the middle
Legal Terms
Civil Code Law
Common Law
Civil Code Law
Based on written laws, NOT precedence. Not the same as US civil laws. Most common legal system globally
Common Law
Began in England, based on precedence.
Legal Terms
Common Law is divided into 3 systems:
Criminal Law
Civil/tort Law
Administrative / Regulatory law
Criminal Law
covers actions considered harmful to others. Guilty party can be jailed or fined. Based on common common and statutory (from governments) law
Civil/tort Law
Liable party owes a legal duty to the victim. Compensatory damages given to victim for their loss. Punitive damages punish the guilty party
Statutory damages are established by laws
Allows senior officials of a company to be held liable for any civil wrongdoing by the company
Administrative / Regulatory law
Standards set by government for industries to follow.
ie public utilities, banking, healthcare regulations
Legal Terms
Customary Law
Customary Law
Incorporated into mixed law systems. ie Africa, China, Japan. Fines are most common form of restitution
Legal Terms
Customary Law
Religious Law
Mixed Law
Customary Law
Incorporated into mixed law systems. ie Africa, China, Japan. Fines are most common form of restitution
Religious Law - based on religious beliefs
Mixed Law - combines any of the types of law mentioned here
Legal Terms
Intellectual Property Law
Patent
IP Law
Group of laws that recognize exclusive rights for creations of the mind
Patent
Only patent owner can make, use or sell invention for period of time (usually 20 years). Then invention becomes public domain
Trade Secret
Trademark
Trade Secret
Ensures that proprietary information remains confidential. ie recipes, formulas. After a trade secret is obtained or disclosed to a competitor or the public, it’s no longer considered a trade secret
Trademark
Ensures a symbol, sound or expression that IDs a product or organization can’t be used by someone else. If it’s not registered, organization uses a ‘TM’ if it is registered, organization uses a capital R that is encircled
Copyright
Ensures a work is protected from reproduction or use without consent.
lasts longer than patent. Usually life of the author plus 70 years
in 1996 WIPO standardized digital copyrights. Copyright Management Information (CMI) included in copyrighted material cannot be altered
Freeware
Shareware
Commercial software
Freeware
free of charge
Shareware
shared for limited time, like a trial period
Commercial software
licensed for purchase