1. Lecture 11: Law and Ethics
INFORMATION SECURITY MANAGEMENT
Lecture 11: Law and Ethics
You got to be careful if you don’t know where you’re going,
because you might not get there. – Yogi Berra

2. Introduction
All information security professionals must understand the scope of an organization’s legal and ethical responsibilities
Educate employees and management about their legal and ethical obligations concerning proper use of information technology

3. Law and Ethics Laws vs. Ethics Types of Law Civil law Criminal law
Tort law
Private law
Public law

4. Information Security and the Law
InfoSec professionals and managers must understand the legal framework within which their organizations operate

5. Relevant U.S. Laws The Computer Fraud and Abuse Act of 1986 (CFA Act)
The Computer Security Act of 1987
Health Insurance Portability & Accountability Act Of 1996 (HIPAA)
Financial Services Modernization Act
Freedom of Information Act of 1966
Sarbanes-Oxley Act of 2002

6. Relevant U.S. Laws (cont’d.)
Privacy Laws
Privacy of Customer Information Section
The Federal Privacy Act of 1974
regulates the government’s use of private information
Electronic Communications Privacy Act of 1986
These statutes work in cooperation with the Fourth Amendment of the U.S. Constitution

7. Relevant U.S. Laws (cont’d.)
Export and Espionage Laws
Economic Espionage Act (EEA) of 1996
The Security and Freedom through Encryption Act of 1997

8. International Laws and Legal Bodies
There are currently few international laws relating to privacy and information security
European Council Cyber-Crime Convention
The Digital Millennium Copyright Act
European Union Directive 95/46/EC
Database Right

9. State and Local Regulations
Information security professionals must understand state laws and regulations
Example:
Georgia Computer Systems Protection Act

10. Policy Versus Law Difference between policy and law Policies must be:
Distributed to all individuals who are expected to comply with them
Readily available for employee reference
Easily understood, with multilingual, visually impaired and low-literacy translations
Acknowledged by employee with consent form
Uniformly enforced for all employees

11. Ethics and Education
Key studies reveal that the overriding factor in leveling the ethical perceptions within a small population is education
Employees must be trained on the expected behaviors of an ethical employee

12. Deterring Unethical and Illegal Behavior
InfoSec personnel should do everything in their power to deter unethical and illegal acts
Categories of unethical behavior
Ignorance
Accident
Intent
Best Approach: Deterrence

13. Professional Organizations and their Codes of Ethics
Some professional organizations have established codes of conduct and/or codes of ethics
Other Sources of Ethics Codes:
ACM
SANS
ISC2
ISACA
ISSA

14. Ethics
Rules, not laws that are minimum standards for professional behavior
ISC2 Code of Ethics
Protect society, the commonwealth and the infrastructure
Act honorably, honestly, justly, responsibly, and legally
Provide dilligent and competent service to principals
Advance and protect the profession

15. Key Law Enforcement Agencies
Federal Bureau of Investigation
InfraGard Program
National Security Agency
Information Assurance Directorate (IAD)
U.S. Secret Service
Department of Homeland Security

16. Managing Investigations in the Organization
It’s not a matter of “if” but “when”
Investigation Steps
Documentation is key
Digital Forensics

17. Managing Investigations: Digital Forensics
The investigation of what happened and how
Involves the preservation, identification, extraction, documentation, and interpretation of computer media for evidentiary and/or root cause analysis
Evidentiary material (EM)
Any information that could potentially support the organizations legal- or policy-based case against a suspect

18. Managing Investigations: Digital Forensics
Two key purposes:
Investigate allegations of digital malfeasance
Perform root cause analysis
Approaches:
Protect and forget (patch and proceed)
Apprehend and prosecute (pursue and prosecute)

19. Affidavits and Search Warrants
Investigations begin with an allegation or an indication of an incident
Forensics team requests permission to examine digital media for potential EM
Affidavit
Search warrant

20. Digital Forensics Methodology
Steps in the digital forensics methodology
Identify relevant items of evidentiary value
Acquire (seize) the evidence without alteration or damage
Take steps to assure that the evidence is at every step verifiably authentic and is unchanged from the time it was seized
Analyze the data without risking modification or unauthorized access
Report the findings to the proper authority

21. Digital Forensics Methodology
Figure 12-2: Digital forensics process
Source: Course Technology/Cengage Learning

22. Evidentiary Procedures
Organizations should develop specific procedures and guidance for their use