U.S. Law: U.S. Information Security Law and Regulations Flashcards

1
Q

What’s Computer Fraud and Abuse Act (CFAA)?

A

the first major piece of US cybercrime-specific legislation

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2
Q

What’s Federal Sentencing Guidelines?

A

punishment guidelines to help federal judges interpret computer crime laws

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3
Q

What’s Federal Information Security Management Act (FISMA)?

A

formal infosec operations for federal government

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4
Q

What’s Children’s Online Privacy Protection Act (COPPA)? Specify the age.

A
  • protect the online privacy of children under the age of 13
  • places certain requirements on operators of websites or online services directed towards children or those with knowledge that they collect personal information from children
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5
Q

What’s Electronic Communication Privacy Act (ECPA)?

A
  • governs the privacy of electronic communications
  • defines the legal standards for government surveillance, access, and disclosure of electronic communications, including emails, text messages, and other forms of electronic communication
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6
Q

What’s Gramm-Leach-Bliley Act (GLBA)?

A
  • U.S. federal law that governs the privacy and security of customer information held by financial institutions
  • aims to ensure the confidentiality and integrity of consumers’ personal financial information
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7
Q

What is the key requirment when doing crimminal investigation?

A
  • document the time, place, who was there, each step
  • later, there will be a need to demonstrate what was done, whether procedures were followed
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8
Q

What’s Chain of Custody?

A
  • process of maintaining the integrity, confidentiality, and availability of digital evidence in a forensically sound manner
  • it is an unbroken documented record of everything done with, and by whom, during the evidence lifecycle
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9
Q

What does Computer and Abuse Act (CFAA) address?

A

unauthorized and malicious activities on federal systems

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10
Q

What are enforceable governmental requests?

A
  • warrant (soudní autorizace pro policii; e.g. prohledani bytu)
  • subpoena (předvolání)
  • court order (soudní příkaz)
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11
Q

To be admissible, evidence must be what? (3)

A
  1. relevant
  2. material
  3. competent
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12
Q

What individuals are responsible for preserving the chain of custody of evidence?

A
  • police investigators
  • evidence technicians
  • attorneys
  • anyone involved in the collection, processing, analysis and production of evidence
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13
Q

Can crime be also violation of a regulation?

A

yes

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14
Q

What law prevents government agencies from disclosing personal information that an individual supplies to the government under protected circumstances?

A

Privacy Act

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15
Q

What federal government agency has the authority to regulate the export of encryption software?

A

Bureau of Industry and Security (BIS)

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16
Q

What U.S. law prevents the removal of protection mechanisms placed on a copyrighted work by the copyright holder?

A

Digital Millennium Copyright Act (DMCA) prohibits attempts to circumvent copyright protection mechanisms placed on a protected work by the copyright holder

17
Q

What does DMCA stand for?

A

Digital Millennium Copyright Act (DMCA)

18
Q

How does DMCA protect ISPs?

A

ISPs are not liable for the “transitory activities” of their customers; the fact that their customers transmit copyrighted material through their network does not make them liable

19
Q

Can HIPPA, GLBA and SOX involve criminal penalties if violated?

A

yes

20
Q

What is Government Information Security Reform Act (GISRA)?

A

precursor to FISMA which expired in 2002

21
Q

What does FedRAMP stand for?

A

Federal Risk and Authorization Management Program (FedRAMP)

22
Q

What’s FedRAMP?

A

U.S. federal program that mandates a standardized approach to security assessment, authorization and continuous monitoring of cloud products and services

23
Q

What does a cloud service need in order to be able to provide cloud services to U.S. government?

A

FedRAMP certification

24
Q

Which law effectively extends the fourth amendment of the U.S. constitution to the electronic realm?

A

The Stored Communication Act (SCA) of 1986

25
Q

What was the reason behind creating The Stored Communication Act (SCA) of 1986?

A

to create privacy protection for electronic communications like email or other digital communication stored on the internet

26
Q

What are the 7 principles of Privacy Shield that organizations need to commit to?

A
  1. notice
  2. choice
  3. security
  4. access
  5. accountability for onward transfer
  6. data integrity and purpose limitation
  7. recourse, enforcement and liability
27
Q

What are contractual requirements?

A

agreements that often specify a set of security controls or a compliance framework that must be implemented by a vendor; required by a legal contract between private parties (e.g. PCI DSS)

28
Q

GDPR conflicts with what U.S. law and in what way?

A

GDPR conflicts with the CLOUD Act; GDPR forbids the transfer of data to countries that lack adequate privacy protections

29
Q

What are statutory requirements?

A

requirements required by law

30
Q

What’s the name of the government-wide program that provides for a standardized approach to security assessments, authorization, and continuous monitoring of cloud products and services?

A

FedRAMP

31
Q

What does the Clarifying Lawful Overseas Use of Data (CLOUD) Act require the U.S.-based businesses to do?

A

respond to legal requests for data no matter where the data is physically located; aids in evidence collection in investigation of serious crimes

32
Q

What is the purpose of Privacy Shield?

A

exists to solve the lack of an US-equivalent to GDPR, which impacts rights and obligations around data transfer; allows the transfer of personal data from EEA (European Economic Area) to the U.S. based companies

33
Q

What is dictated by standards?

A

a reasonable level of performance; can be internal (created by the org itself) or external (from industry bodies or trade groups)

34
Q

What is a framework?

A

set of guidelines helping organizations improve their security posture

35
Q

What does the Clarifying Lawful Overseas Use of Data (CLOUD) Act require?

A

requires CSPs to hand over data to aid in investigation of serious crimes, even if stored in another country

36
Q

What are regulatory requirements?

A

refer to rules issued by a regulatory body (appointed by a governmental entity) that may be required by law

37
Q

What laws contain breach notification requirements?

A
  1. GLBA
  2. HIPAA