Key Concepts 7.1 Understand and comply with investigations Flashcards
Domain 7 (38 cards)
A crime involving a computer that violates the law regulation. It could be an act against the computer itself or the computer could have been used in the actual commission of the crime against another target.
Computer crime
- Military and intelligence attacks: These involve unauthorized access to government or
military systems to steal classified information or disrupt critical infrastructure. - Business attacks: These attacks target companies to steal trade secrets, intellectual
property, or customer data for financial gain or competitive advantage. - Financial attacks: These crimes focus on illegally accessing financial institutions or
individual accounts to steal money or manipulate financial markets. - Terrorist attacks: Cybercriminals use digital means to spread propaganda, recruit
members, or launch attacks on critical systems to cause widespread fear and disruption. - Grudge attacks: Disgruntled individuals, often insiders, target specific organizations or
persons to exact revenge or cause damage due to personal grievances. - Thrill attacks: Motivated by the challenge or excitement, these attacks are conducted by
individuals seeking to prove their skills or gain notoriety in hacking communities.
Types of Computer Crimes
The process of identifying, preserving, collecting, processing, reviewing, and producing electronically stored information (ESI) in litigation. It about gathering data and assessing its relevance to request for production
eDiscovery
involves the use of a
forensic expert to protect data integrity and to copy/capture/recover the data stored
on a device.
Digital Forensics
Proper evidence collection and handling are essential for ensuring the admissibility and
integrity of evidence in legal proceedings
Chain of Custody
A detailed record of where the evidence was, who handled
it, and when, at every step from collection to final disposition.
Chronological documentation
Ensuring that evidence is properly stored and protected from
tampering or contamination.
Preservation of evidence
Recording every time the evidence changes hands, including the
reason for the transfer.
Transfer accountability
Limiting and documenting who has access to the evidence.
Access control
Proving that the evidence presented in court is the same evidence that was initially collected, without alteration.
Maintaining integrity
When an individual willingly hands over evidence or property to
law enforcement without being compelled to do so. This method often occurs when a
person wants to cooperate with an investigation, and is generally the most desirable
circumstance.
Voluntary surrender
The act of legally taking possession of items or property, typically by law enforcement officials, when those items are believed to be connected to criminal activity
or are illegal to possess.
Confiscation
A legal document that orders a person or organization to provide specific documents, records, or physical evidence relevant to a legal proceeding or investigation.
Failure to comply can result in legal consequences
Subpoena
A court-issued document that authorizes law enforcement to search a specific location for evidence related to a crime. Must be based on probable cause and typically describe the place to be searched and the items to be
seized.
Search warrant
The collection of evidence that is in plain view of law enforcement
officers during a lawful presence in an area. This method doesn’t require a warrant
if the evidence is clearly visible, and its criminal nature is immediately apparent.
Seizure of visible evidence
The gathering of evidence without a warrant when there’s an urgent need to prevent the destruction of evidence, protect public safety,
or pursue a fleeing suspect. This method is used in emergency situations where obtaining
a warrant would be impractical or potentially dangerous.
Collection under exigent circumstances
consists of actual objects that can be brought into the courtroom.
Real evidence
consists of written documents that provide insight into the facts.
Documentary evidence
consists of verbal or written statements made by witnesses.
Testimonial evidence
The most reliable and original form of evidence available, typically
referring to original documents or items rather than copies or descriptions. In legal
contexts, it’s the highest quality evidence that can be presented to prove a fact
Best evidence
Evidence that is not original or primary, such as copies of documents or testimony about the contents of a document when the original is not available.
It’s generally considered less reliable than best evidence but may be admissible when
best evidence cannot be obtained.
Secondary evidence
Evidence that directly proves a fact (based on the five senses) without
requiring any inference or presumption. This often includes eyewitness testimony or
video recordings of an event.
Direct evidence
Evidence that is so strong and convincing that it cannot be contradicted or overcome by other evidence. It establishes a fact with certainty and leaves no
room for doubt.
Conclusive evidence
Evidence that relies on inference to connect it to a conclusion
of fact. It doesn’t directly prove a fact but allows a fact to be inferred. While often considered
weaker than direct evidence, strong circumstantial evidence can be very compelling in legal proceedings.
Circumstantial evidence