2-1_Discussion_Legal_Standards[1]
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Southern New Hampshire University *
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Information Systems
Date
Apr 3, 2024
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docx
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Uploaded by JusticeGoldfishPerson769
Why should a company ensure that their incident response and digital investigations meet the same legal standard required by law enforcement?
Digital forensics and incident management are used to identify, investigate, contain, fix, and in some cases, testify about cyberattacks, lawsuits, or other digital cases. Digital forensics & incident response can offer a more in-depth view of a cybersecurity incident through a multi-layered process. When a cyberattack occurs, experts can leverage DFIR to collect and analyze large volumes of information and fill
information gaps. Information gathered by DFIR professionals is useful for prosecuting cybercriminals once they’ve been identified. Additionally, forensic evidence is often used by law enforcement as evidence in criminal trials against cybercriminals (SentinelOne, nd). By companies adhering to the same legal standards, evidence collected in an incident response or digital
investigation will be admissible in a court of law. This is important for prosecuting cyber criminals and achieving convictions. Additionally, maintaining legal standards helps to protect the integrity of the investigation. It helps to ensure that evidence is gathered, processed, and analyzed in a way that maintains the credibility and trustworthiness of the organization. For example, if there is a breach involving personal information, it could fall under privacy laws and require additional steps and protections, following the legal standard advised my law enforcement will equip the organization will the tools and procedures necessary for a seamless investigation and resolution of the breach. Finally, following the legal standards outlined by law enforcement improves the credibility of an investigation and the investigating organization, it shows professionalism, competency, and dedication to respecting the law (Beason, 2023). What aspects of the investigations are essential to upholding this standard?
To meet the legal requirements of law enforcement and ensure prosecution can be achieved in a court of law, it is necessary to document all investigative steps, such as collecting evidence, analysinf it, and keeping track of its chain of custody – this is how it is handled and stored from the time it is collected to the time it is presented in court. This is important as courts are usually skeptical of digital evidence, so documentation of the custody chain is crucial. These documents must include authentication since digital evidence can be a controversial topic in some courts, as there is a lot of uncertainty about how it is handled, who has access to it, and how it is stored. For that reason, it is important that documentation
is done correctly, and the chain of custody is followed according to protocols and well documented to prove authenticity, reliability, and integrity (International Association of Chiefs of Police, 2017).
References:
Beason, J. (2023, August 14). Why is More Collaboration Between Legal and Incident Response Teams Necessary? Facebook App ID
. Retrieved March 5, 2024, from https://www.epiqglobal.com/en-us/resource-center/articles/collaboration-between-legal-
and-incident-response
International Association of Chiefs of Police. (2017, September 12). Understanding Digital Evidence - Law Enforcement Cyber Center
. Law Enforcement Cyber Center. Retrieved March 6, 2024, from https://www.iacpcybercenter.org/investigators/digital-evidence/understanding-digital-
evidence/
SentinelOne. (nd). What is DFIR (Digital Forensics and Incident Response)?
Retrieved March 5,
2024, from https://www.sentinelone.com/cybersecurity-101/what-is-digital-forensics-and-
incident-response-dfir/
Response:
Hello Selena, I enjoyed reading your post, it shared similarities to my research. You made an important point about ensuring that incident response and digital investigation meet the legal standard of law enforcement for validity and alignment with industry best practices. Complying with legal standards allows organizations to effectively address data breaches, determine the root cause, and ensure compliance with privacy laws and rules. Your emphasis on the admissibility of digital evidence and its authentication is justified. Admissibility and authenticity are essential for using digital evidence in legal proceedings. Privacy must be considered to ensure compliance with law enforcement guidelines for governing digital activities and communication (SentinelOne, n.d.). Reference:
SentinelOne. (n.d.). What is DFIR (Digital Forensics and Incident Response)?
Retrieved March 10, 2024, from https://www.sentinelone.com/cybersecurity-101/what-is-digital-forensics-
and-incident-response-dfir/
Hello Donald, great post, I also came across the importance of following the chain of custody in my research. The focus on digital evidence chain of custody, detailed investigative records, and forensically sound techniques are in line with best practices for digital investigations. They help maintain the integrity and credibility of evidence, making it admissible and reliable in court. Ensuring that legal standards are followed means that evidence can be admissible in court, making it easier to take legal action or defend against allegations of data manipulation. Ensuring these rules are followed also means that businesses can avoid fines and damage their reputation due to non-compliance with them. The importance of having the appropriate training and credentials for investigators highlights the
importance of expertise and professionalism when conducting investigations that comply with legal requirements (SentinelOne, n.d.). Reference:
SentinelOne. (n.d.). What is DFIR (Digital Forensics and Incident Response)?
Retrieved March 10, 2024, from https://www.sentinelone.com/cybersecurity-101/what-is-digital-forensics-
and-incident-response-dfir/
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