Digital Forensics, Law and Ethics Final
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Grand Canyon University *
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CYB-535
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Information Systems
Date
Apr 3, 2024
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docx
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7
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Purpose of Digital Forensics:
Digital forensics is a subfield of forensic science that studies the identification, acquisition, processing, analysis, and
reporting of electronic data. Almost all illegal acts include electronic evidence, and digital forensics support is critical for law enforcement investigations. Computers, cellphones, remote storage, unmanned aerial systems, shipborne equipment, and other devices can all be used to gather electronic evidence. Digital forensics is the use of investigative techniques to gather, evaluate, and preserve electronic evidence in a form that is appropriate for court presentation. Its goal is to discover, comprehend, and document cybercrimes.
Importance of a Permanent Digital Forensics Team:
A permanent digital forensics team within a business or law enforcement agency is important for a variety of reasons:
Integrity involves honesty, sincerity, and consistency in one's acts and decisions. It demands individuals to follow moral and ethical values even when confronted with difficulties or temptations.
Digital forensics necessitates specific skills and expertise in fields such as computer science, cybersecurity, forensic analysis, and legal processes. A permanent team enables individuals to gain competence via continual training, certifications, and hands-on experience with various forms of digital evidence and investigations.
Digital forensics teams can monitor networks, systems, and endpoints for indications of compromise (IOCs), suspicious activity, and developing threats. Using modern forensic technologies, procedures, and threat information sources, the team can discover and analyze possible security problems before they turn into large breaches or disruptions.
Methodology in Digital Forensics:
Identification: During this phase, the investigation's scope and objectives are determined. It entails specifying the categories of digital evidence to be gathered, determining the legal authority for the inquiry, and identifying the people or entities involved.
Preservation: Preservation is the correct management and safeguarding of digital evidence in order to retain its integrity and ensure its admissibility in court. This involves taking precautions to avoid tampering, manipulation, or destruction of evidence throughout the inquiry. Collection: This step involves gathering digital evidence from a variety of sources, including PCs, mobile devices, network logs, cloud services, and other digital storage media. To protect the integrity of the evidence, the gathering method must be forensically sound. Chain of custody paperwork is required to monitor evidence from collection to presentation in court.
Examination: During the examination phase, forensic analysts go through the digital data to extract essential information and find leads. This may entail utilizing specialized forensic tools and procedures to recover lost information, study file metadata, analyze system logs, and recreate digital activity. Analysis: In the analysis phase, forensic analysts use the examination results to piece together the chronology of events, detect patterns, and create linkages between different pieces of evidence. Correlating timestamps, assessing network traffic patterns, and recognizing relevant user behaviors may all be part of this process.
Documentation: Documentation is critical throughout the digital forensics procedure. Forensic analysts must present their results, techniques, and conclusions in a clear and concise manner. This material forms the foundation for court-presented reports, affidavits, and expert evidence.
Presentation: During the presentation phase, forensic analysts convey their findings and conclusions to stakeholders including law enforcement, prosecutors, defense counsel, and judges. Review and Quality Assurance: Finally, the investigation should be reviewed and quality assured to verify that all pertinent evidence has been thoroughly studied and documented. This might entail peer review, independent confirmation of findings, and adherence to recognized forensic standards and best practices.
Laws and Policies in Digital Forensics:
Legal Authority: Digital forensics investigations must be carried out with adequate legal permission. This usually entails obtaining search warrants or subpoenas from a court or another authorized judicial authority. Law enforcement and forensic practitioners must follow the legal processes provided in applicable legislation and regulations.
Privacy Laws: Privacy rules govern how digital evidence is acquired, retrieved, and utilized in investigations. These laws safeguard individuals' privacy rights and may limit the categories of data that may be collected, the methods used to gather it, and the conditions under which data can be accessed or released.
Data Protection Regulations: Personal data is handled and processed in accordance with data protection standards,
such as the European Union's General Data Protection Regulation (GDPR). These standards demand that digital forensic investigations involving personal data adhere to data protection, consent, openness, and accountability.
Chain of Custody:
The term "chain of custody" relates to the documenting and tracking of digital evidence from collection to presentation in court. Maintaining a clear and unbroken chain of custody is critical to the admissibility and trustworthiness of digital evidence in judicial proceedings.
Authentication and Admissibility:
For digital evidence to be admissible in court, it must fulfill particular authentication and admissibility criteria. Forensic practitioners must be able to document, analyze, and testify to the integrity, reliability, and significance of
the evidence.
Cross-Border Investigations: Cross-border collaboration and jurisdictional concerns are frequently encountered during digital forensics investigations. Laws and laws governing international data exchange, mutual legal aid, and extradition are critical in allowing collaboration among law enforcement agencies and forensic practitioners from various nations.
Ethical Guidelines: Forensic practitioners are supposed to follow ethical norms and professional standards in their actions and practices. Individual rights and dignity, confidentiality, avoiding conflicts of interest, and fostering openness and responsibility are all ethical principles.
Industry Standards and Best Practices: Forensic practitioners are supposed to follow ethical norms and professional
standards in their behavior and work. Individual rights and dignity may be protected, confidentiality maintained, conflicts of interest avoided, and openness and accountability promoted.
U.S Federal Laws and Legal Issues:
1.
Computer Fraud and Abuse Act (CFAA):
The Computer Fraud and Abuse Act (CFAA) is a federal statute that targets a variety of computer-related offenses, such as unauthorized access to computer systems, hacking, identity theft, and fraud. 2. Electronic Communications Privacy Act (ECPA):
The Electronic Communications Privacy Act (ECPA) regulates the interception, monitoring, and disclosure of electronic communications, such as emails, text messages, and electronic files.
3.
Bank Secrecy Act (BSA)
The Bank Secrecy Act (BSA) is a federal statute that compels financial institutions to implement anti-
money laundering (AML) systems, report questionable transactions, and follow regulatory standards for client due diligence and transaction monitoring.
The BSA's goal is to reduce money laundering, terrorist funding, and other financial crimes by increasing financial system openness and accountability.
4.
Fair Credit Reporting Act (FCRA):
The Fair Credit Reporting Act (FCRA) governs the collection, transmission, and use of consumer credit information by consumer reporting agencies (CRAs) and creditors.
The FCRA gives customers the ability to view their credit reports, challenge false information, and restrict the distribution of their credit information for certain reasons.
Legal Rights of Organizations in BYOD Policies:
Performing forensic investigations on personal mobile devices involves legal considerations and implications for organizations. When employees agree to BYOD policies or sign employment contracts, they often consent to the employer having access to and monitoring their devices for security and compliance purposes. While companies have legal rights to conduct forensic investigations on personal mobile devices used for work, they must do it responsibly, ethically, and in accordance with existing laws, regulations, and privacy issues. Government Partnerships in Cybersecurity
Cyber Defense Partners/Structures:
Federal, state, and local cyber defense partnerships are essential collaborative frameworks established to enhance cybersecurity resilience and response capabilities across different levels of government. At the federal level, agencies such as the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and the Cybersecurity and Infrastructure Security Agency (CISA) play pivotal roles in coordinating national cybersecurity efforts, providing threat intelligence, and assisting in incident response activities. These federal agencies collaborate with state and local governments through information sharing programs, training initiatives, and funding opportunities to strengthen cyber defense capabilities and address emerging threats.
Laws, Regulations and Standards:
Understanding and complying to relevant rules and regulations regulating information security and data privacy is an important part of meeting government obligations. For example, in the United States, the Computer Security Act of 1987 set security standards and procedures for government computer systems to safeguard sensitive information's confidentiality, integrity, and availability. Similarly, the Sarbanes-Oxley Act (SOX) of 2002 requires
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publicly listed corporations to meet financial reporting and internal control criteria in order to improve openness, accountability, and investor trust in financial markets. Federal Laws and Authorities:
The United States is governed by a complex system of federal laws and powers that span a wide range of disciplines, each aiming to control and protect various parts of society and governmental responsibilities. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a cornerstone in healthcare, establishing privacy and security requirements for protected health information (PHI). HIPAA standards control how covered organizations and business associates handle PHI. The Department of Health and Human Services (HHS) and its Office for Civil Rights (OCR) enforce these requirements. The Securities and Exchange Commission (SEC) oversees federal securities laws, such as the Securities Act of 1933 and the Securities Exchange Act of 1934, to ensure financial market integrity and transparency, as well as to protect investors from fraud and manipulation. Meanwhile, the Federal Communications Commission (FCC) governs interstate and international telecommunications, implementing regulations such as the Telecommunications Act of 1996 to promote competition and innovation while safeguarding consumer interests. The Computer Security Act of 1987 mandates federal agencies to develop security programs safeguarding sensitive
information. Sarbanes-Oxley Act (SOX) of 2002 enhances financial transparency, governance, and auditing for publicly traded companies. Gramm-Leach-Bliley Act (GLBA) of 1999 protects consumer financial data, requiring financial institutions to implement privacy safeguards. The USA PATRIOT Act expands law enforcement powers to combat terrorism post-9/11, including surveillance and intelligence sharing.
Part 3: Legal Disputes Scenarios
Scenario
Applicable Law(s)
Legal Dispute Type
Evidence Consideration
Transmission of underage photos
Child Pornography laws
Criminal
Privacy considerations, chain of custody.
Colonial Pipeline Hack
Computer Fraud and Abuse Act
Civil/Criminal
Digital evidence, attribution.
Victim's identity used for a new account
Identity Theft laws
Civil/Criminal
Authentication logs, identity verification.
Bank fraud/scam
Financial Fraud laws
Civil/Criminal
Transaction records, communication logs.
Firm's credit card records stolen
Payment Card Industry Data Security Standard (PCI DSS)
Civil/Criminal
Card transaction history, security measures.
Information Assurance and Ethical Considerations
Unethical Behavior Categories:
Ignorance: Unauthorized access resulting from a lack of awareness. For example, an employee may mistakenly access sensitive information housed in a database without recognizing that this violates corporate standards or legal requirements. This might be due to a lack of data access protocol training or a misunderstanding of security requirements.
Accident: When servers aren't adequately secured or cloud storage settings aren't set up correctly, a company unintentionally makes private information public. These mishaps can have serious repercussions, including monetary losses and reputational harm, even when no intention is made to compromise privacy or security.
Intent: Sensitive customer information is purposefully stolen by a dissatisfied employee with the goal of selling it to
other businesses or hurting the company. This intentional act of misbehavior is a serious betrayal of trust and may have negative effects on the organization's reputation, finances, and legal standing.
Personal Viewpoint on Unethical Job Tasks:
1.
Deceptive Marketing Practices:
Integrity and honesty are very important from a Christian standpoint. The initial course of action would be
to speak with the teams or individuals responsible for campaign planning directly, in accordance with Matthew 18:15–18. This can entail striking up a polite discussion to voice worries about the suggested behaviors' ethical ramifications. By promoting openness and coordinating actions with Christian principles, the issue is intended to be resolved within. 2.
Exploitative Labor Practices: Those who observe or learn about such activities should speak with the appropriate parties, such as management, human resources, and impacted staff, in accordance with Matthew 18:15–18. While promoting equitable treatment and respect for human dignity, the strategy should place a high priority on empathy and understanding.
3.
Environment Negligence: In accordance with Matthew 18:15–18, people can start conversations with decision-makers inside the company by highlighting the moral obligation to reduce environmental damage and seek ethical business practices. Christian environmental stewardship ideals can also be aligned and positively impacted by working with environmental advocates, participating in corporate sustainability projects, and utilizing ethical investment practices.
ISACA Code of Conduct
Information technology and information systems professionals can refer to the ISACA (Information Systems Audit and Control Association) Code of Professional Ethics for guidelines and standards. ISACA places emphasis on various data handling duties pertaining to legal and ethical codes of conduct, agency auditing issues, frameworks, and best practices. Some of the Key points are:
a. Confidentiality
b. Integrity
c. Privacy
d. Compliance
e. Responsibility
f. Professional Behaviour
Balancing Security and Usability:
Employee Resistance: Workers may oppose security measures if they believe they will take too much time or are laborious and will hinder their ability to do their jobs well.
Training and Awareness: It might be difficult to make sure staff members are suitably instructed and conscious of security procedures without interfering with their work. Programs for training employees should be interesting, pertinent, and customized for various positions within the company.
User-Centric Design: A user-centric design strategy is necessary to smoothly integrate security measures into user experiences. To reduce interruptions, security elements should be clear, simple to use, and incorporated into current operations.
Mobile and Remote Workforce: Adding security protections to workflows across various devices and places becomes more difficult as remote work and mobile devices become more common. Flexible security solutions that can adapt to different work contexts and usage patterns must be implemented by organizations.
Ethical Considerations in Cyberspace:
Privacy:
Ethical Concern: Preserving personal information against unwanted access, use, and disclosure is essential to upholding people's right to privacy in cyberspace.
Application of Matthew 18:15-18: People should raise privacy violations with the relevant parties directly in order to find a solution and make amends. This can entail prosecuting persons in charge of improper use or illegal access to personal data.
Property Rights:
Ethical Concern: Respecting the ownership of digital assets, online content, and intellectual property is essential to upholding property rights in cyberspace.
Application of Matthew 18:15-18: People should communicate and use mediation when disagreements over property rights emerge in order to find a mutually acceptable solution. Respecting legal frameworks and the rights of content creators and intellectual property owners may be necessary for this.
Censorship:
Ethical Concern:
Balancing the right to free speech with the need to shield vulnerable groups from offensive or dangerous content and to avert harm.
Application of Matthew 18:15-18:
It takes communication, responsibility, and discernment to address complaints about censorship or harmful content. People ought to make an effort to respect moral principles and cultivate an atmosphere of mutual understanding and civil discourse.
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https://www.eccouncil.org/cybersecurity/what-is-digital-forensics/
https://www.crime-scene-investigator.net/computer-forensics-digital-forensic-analysis-
methodology.html