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CISSP ISC2 2023 > CISSP (Domain 9 - Legal, Regulations, Compliance, and Investigations) > Flashcards

CISSP (Domain 9 - Legal, Regulations, Compliance, and Investigations) Flashcards

1
Q

Civil Law (Tort)

A

No law broken, mostly monetary. Results in damage, loss, injury, or death.

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2
Q

Criminal Law

A

Crimes committed against society. Burden of proof is “Beyond a reasonable doubt”

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3
Q

Compensatory Damage - Civil Law

A

Paid for the actual damages which was suffered by a victim.

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4
Q

Punitive Damages - Civil Law

A

Punishment for the offender

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5
Q

Statutory Damages - Civil Law

A

Amount stipulated within the law rather than calculated based on the degree of harm to the plaintiff

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6
Q

Administrative (Regulatory) Law

A
  • Defines standards of performance and regulates conduct for specific industries (Banking, HIPAA)
  • Burden of proof is “More likely than not”
  • Penalties consist of financial or imprisonment
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7
Q

Intellectual Property Law

A

Protects products of the mind

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8
Q

Trade Secrets - IP Protection

A
  • Resource must provide competitive value
  • Must be reasonably protected from unauthorized use or disclosure
  • Proprietary to a company and import for survival
  • Must be genuine and not obvious
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9
Q

Copyright - IP Protection

A
  • Last lifetime of the author plus 70 years

- Pieces of work

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10
Q

Trademark - IP Protection

A
  • Protect word, name, symbol used to identify a product to be distinguished from others
  • My company look at feel
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11
Q

Patent - IP Protection

A
  • Protection for those who have legal ownership of an invention
  • Exclusive control for 20 years
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12
Q

4 International Boarder Issues for Data

A
  • Each country treats computer crimes differently
  • Evidence rules differ between legal systems
  • Governments may not assist each other in international cases
  • Jurisdiction issues
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13
Q

Trans-boarder Information Flow (4 Things)

A
  • Movement and storage of data by automatic means across national/federal boundaries
  • Many European countries have strong reactions on flow of personal and financial data
  • Know laws before transmitting data through different areas
  • Route data through other routes, if necessary
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14
Q

ISC^2 Code of Ethics (4 Things)

P/A/P/A

A
  • Protect society, the commonwealth, and the infrastructure (nobody hurt)
  • Act honorably, honestly, justly, responsibly, and legally (do the right thing)
  • Provide diligent and competent service to principals
  • Advance and protect the profession
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15
Q

Behavior to Encourage - ISC^2 Code of Ethics

A
  • Research
  • Teaching
  • Identifying, mentoring, and sponsoring candidates for the profession
  • Valuing the certificate
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16
Q

Behavior to Discourage - ISC^2 Code of Ethics

A
  • Raising unnecessary alarm, fear, uncertainty, or doubt
  • Giving unwarranted comfort or reassurance
  • Consenting to bad practice
  • Attaching weak systems to the public network
  • Professional association with amateurs/criminals/non-professionals
17
Q

Protect society, the commonwealth, and the infrastructure - ISC^2 Code of Ethics

A
  • Promote and preserve public trust and confidence in information and systems
  • Promote the understanding and acceptance of prudent information security measures
  • Preserve and strengthen the integrity of the public infrastructure
  • Discourage unsafe practice
18
Q

Act honorably, honestly, justly, responsibly, and legally - ISC^2 Code of Ethics

A
  • Tell the truth
  • Observe all contracts and agreements, expired or implied
  • Treat all constituents fairly
  • Give prudent advise
  • Give preference to the laws of the jurisdiction in which you render your service
19
Q

Provide diligent and competent service to principals - ISC^2 Code of Ethics

A
  • Preserve the value of their systems, applications, and information
  • Respect their trust and the privileges that they grant you
  • Avoid conflicts of interest or the appearance thereof
  • Render only those services for which you are fully competent and qualified
20
Q

Advance and protect the profession - ISC^2 Code of Ethics

A
  • Sponsor for professional advancement those best qualified
  • Avoid professional association with those whose practices or reputation might diminish the profession
  • Take care not to injure the reputation of other professionals through malice or indifference
  • Maintain your competence, keep your skills and knowledge current
21
Q

Why Crimes Are Committed (MOM)

A
  • Motivations: Who commits them and why
  • Opportunities: When would someone take advantage of crimes
  • Means: Who has capability to commit these crimes
22
Q

4 Forensic Procedures

MNSH

A
  • Media Analysis
  • Network Analysis
  • Software Analysis
  • Hardware/Embedded Device Analysis
23
Q

5 Things Digital Evidence Must Be

A
  • Authentic
  • Accurate
  • Complete
  • Convincing
  • Admissible
24
Q

4 Steps to a Forensic Hash on a Drive Image

A
  • Get Image
  • Hash Image
  • Create Message Digest
  • Apply Digital Signature

*Hide Image and digital certificate

25
Q

Computer Forensics

A

Discipline of using proven methods toward the collection, preservation, validation, identification, analysis, interpretation, documentation, and presentation of digital evidence

26
Q

Forensic Investigative Process

IPCEAPD

A
  • Identification
  • Preservation
  • Collection
  • Examination
  • Analysis
  • Presentation
  • Decision
27
Q

Chain of Custody of Evidence (3 Things)

A
  • Who obtained the evidence and security it?
  • Where and when it was obtained?
  • Who had control or possession of the evidence?
28
Q

Evidence Life Cycle (5 Things)

A
  • Collection and identification
  • Analysis
  • Storage, preservation, transportation
  • Present in court
  • Return to victim (owner)
29
Q

4 Most common reason for improper evidence collection

A
  • No established incident response team
  • No established incident response procedures
  • Poorly written policy
  • Broken chain of custody
30
Q

3 Things Chain of Custody Dictates

A
  • Extreme Documentation
  • All evidence is labeled with information indicated who security and controlled it
  • Who, what, where, when, and how
31
Q

Hearsay Evidence

A
  • Oral/Written evidence
  • No firsthand proof of its reliability and accuracy
  • Computer generated evidence
32
Q

2 Exceptions to Hearsay Rule

A
  • Business Record Exemption to Hearsay Rule
    + Docs can only be submitted if created in course of regular business hours
    + Audit trails can only be used if during normal course of business
  • Accepting Business Records as Evidence
    + Chain of custody was maintained
    + Rel event by a Judge
33
Q

Enticement

A

Legal, tempting a potential criminal, honeypot

34
Q

Entrapment

A

Not Legal, tricking a person into committing a crime

CISSP ISC2 2023 (90 decks)

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