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Principals of Information
Security,
Fourth Edition
Chapter 3
Legal, Ethical, and Professional
Issues in Information Security
Learning Objectives
• Upon completion of this material, you should be
able to:
– Describe the functions of and relationships among
laws, regulations, and professional organizations in
information security
– Differentiate between laws and ethics
– Identify major national laws that affect the practice of
information security
– Explain the role of culture as it applies to ethics in
information security
Principles of Information Security, 4th Edition 2
Introduction
• You must understand scope of an organization’s
legal and ethical responsibilities
• To minimize liabilities/reduce risks, the information
security practitioner must:
– Understand current legal environment
– Stay current with laws and regulations
– Watch for new issues that emerge
Principles of Information Security, 4th Edition 3
Law and Ethics in Information Security
• Laws: rules that mandate or prohibit certain
societal behavior
• Ethics: define socially acceptable behavior
• Cultural mores: fixed moral attitudes or customs of
a particular group; ethics based on these
• Laws carry sanctions of a governing authority;
ethics do not
Principles of Information Security, 4th Edition 4
Organizational Liability and the Need
for Counsel
• Liability: legal obligation of an entity extending
beyond criminal or contract law; includes legal
obligation to make restitution
• Restitution: to compensate for wrongs committed
by an organization or its employees
• Due care: insuring that employees know what
constitutes acceptable behavior and know the
consequences of illegal or unethical actions
• Due diligence: making a valid effort to protect
others; continually maintaining level of effort
Principles of Information Security, 4th Edition 5
Organizational Liability and the Need
for Counsel (cont’d.)
• Jurisdiction: court's right to hear a case if the wrong
was committed in its territory or involved its
citizenry
• Long arm jurisdiction: right of any court to impose
its authority over an individual or organization if it
can establish jurisdiction
Principles of Information Security, 4th Edition 6
Policy versus Law
• Policies: body of expectations that describe
acceptable and unacceptable employee behaviors
in the workplace
• Policies function as laws within an organization;
must be crafted carefully to ensure they are
complete, appropriate, fairly applied to everyone
• Difference between policy and law: ignorance of a
policy is an acceptable defense
Principles of Information Security, 4th Edition 7
Policy versus Law (cont’d.)
• Criteria for policy enforcement:
– Dissemination (distribution)
– Review (reading)
– Comprehension (understanding)
– Compliance (agreement)
– Uniform enforcement
Principals of Information Security, Fourth Edition 8
Types of Law
• Civil: governs nation or state; manages
relationships/conflicts between organizational
entities and people
• Criminal: addresses violations harmful to society;
actively enforced by the state
• Private: regulates relationships between individuals
and organizations
• Public: regulates structure/administration of
government agencies and relationships with
citizens, employees, and other governments
Principles of Information Security, 4th Edition 9
Relevant U.S. Laws
• United States has been a leader in the
development and implementation of information
security legislation
• Implementation of information security legislation
contributes to a more reliable business
environment and a stable economy
• U.S. has demonstrated understanding of problems
facing the information security field; has specified
penalties for individuals and organizations failing to
follow requirements set forth in U.S. civil statutes
Principles of Information Security, 4th Edition 10
General Computer Crime Laws
• Computer Fraud and Abuse Act of 1986 (CFA Act):
cornerstone of many computer-related federal laws
and enforcement efforts
• National Information Infrastructure Protection Act of
1996:
– Modified several sections of the previous act and
increased the penalties for selected crimes
– Severity of penalties judged on the purpose
• For purposes of commercial advantage
• For private financial gain
• In furtherance of a criminal act
Principles of Information Security, 4th Edition 11
General Computer Crime Laws
(cont’d.)
• USA PATRIOT Act of 2001: provides law
enforcement agencies with broader latitude in order
to combat terrorism-related activities
• USA PATRIOT Improvement and Reauthorization
Act: made permanent fourteen of the sixteen
expanded powers of the Department of Homeland
Security and the FBI in investigating terrorist activity
• Computer Security Act of 1987: one of the first
attempts to protect federal computer systems by
establishing minimum acceptable security practices
Principals of Information Security, Fourth Edition 12
Privacy
• One of the hottest topics in information security
• Is a “state of being free from unsanctioned
intrusion”
• Ability to aggregate data from multiple sources
allows creation of information databases previously
impossible
• The number of statutes addressing an individual’s
right to privacy has grown
Principles of Information Security, 4th Edition 13
Privacy (cont’d.)
• US Regulations
– Privacy of Customer Information Section of the
common carrier regulation
– Federal Privacy Act of 1974
– Electronic Communications Privacy Act of 1986
– Health Insurance Portability and Accountability Act of
1996 (HIPAA), aka Kennedy-Kassebaum Act
– Financial Services Modernization Act, or Gramm-
Leach-Bliley Act of 1999
Principles of Information Security, 4th Edition 14
Privacy (cont’d.)
• Identity Theft
– Federal Trade Commission: “occurring when
someone uses your personally identifying
information, like your name, Social Security number,
or credit card number, without your permission, to
commit fraud or other crimes”
– Fraud And Related Activity In Connection With
Identification Documents, Authentication Features,
And Information (Title 18, U.S.C. § 1028)
Principles of Information Security, 4th Edition 15
Privacy (cont’d.)
• If someone suspects identity theft
– Report to the three dominant consumer reporting
companies that your identity is threatened
– Account
• Close compromised account
• Dispute accounts opened without permission
– Register your concern with the FTC
– Report the incident to either your local police or
police in the location where the identity theft
occurred
Principals of Information Security, Fourth Edition 16
Health Insurance Portability and
Accountability Act of 1996 (HIPAA)
• Protects the confidentiality and security of health
care data by establishing and enforcing standards
and by standardizing electronic data interchange
• Consumer control of medical information
• Boundaries on the use of medical information
• Accountability for the privacy of private information
• Balance of public responsibility for the use of
medical information for the greater good measured
against impact to the individual
• Security of health information
Principals of Information Security, Fourth Edition 17
Export and Espionage Laws
• Economic Espionage Act of 1996 (EEA)
• Security And Freedom Through Encryption Act of
1999 (SAFE)
• The acts include provisions about encryption that:
– Reinforce the right to use or sell encryption
algorithms, without concern of key registration
– Prohibit the federal government from requiring it
– Make it not probable cause in criminal activity
– Relax export restrictions
– Additional penalties for using it in a crime
Principles of Information Security, 4th Edition 18
Principles of Information Security, 4th Edition 19
Figure 3-1 Export and Espionage
U.S. Copyright Law
• Intellectual property recognized as protected asset
in the U.S.; copyright law extends to electronic
formats
• With proper acknowledgment, permissible to
include portions of others’ work as reference
• U.S. Copyright Office Web site: www.copyright.gov
Principles of Information Security, 4th Edition 20
Financial Reporting
• Sarbanes-Oxley Act of 2002
• Affects executive management of publicly traded
corporations and public accounting firms
• Seeks to improve reliability and accuracy of
financial reporting and increase the accountability
of corporate governance
• Penalties for noncompliance range from fines to jail
terms
• Reliability assurance will require additional
emphasis on confidentiality and integrity
Principles of Information Security, 4th Edition 21
Freedom of Information Act of 1966
(FOIA)
• Allows access to federal agency records or
information not determined to be matter of national
security
• U.S. government agencies required to disclose any
requested information upon receipt of written
request
• Some information protected from disclosure
Principles of Information Security, 4th Edition 22
State and Local Regulations
• Restrictions on organizational computer technology
use exist at international, national, state, local
levels
• Information security professional responsible for
understanding state regulations and ensuring
organization is compliant with regulations
Principles of Information Security, 4th Edition 23
International Laws and Legal Bodies
• When organizations do business on the Internet,
they do business globally
• Professionals must be sensitive to laws and ethical
values of many different cultures, societies, and
countries
• Because of political complexities of relationships
among nations and differences in culture, there are
few international laws relating to privacy and
information security
• These international laws are important but are limited
in their enforceability
Principles of Information Security, 4th Edition 24
European Council Cyber-Crime
Convention
• Establishes international task force overseeing
Internet security functions for standardized
international technology laws
• Attempts to improve effectiveness of international
investigations into breaches of technology law
• Well received by intellectual property rights
advocates due to emphasis on copyright
infringement prosecution
• Lacks realistic provisions for enforcement
Principles of Information Security, 4th Edition 25
Agreement on Trade-Related Aspects
of Intellectual Property Rights
• Created by World Trade Organization (WTO)
• First significant international effort to protect
intellectual property rights
• Outlines requirements for governmental oversight
and legislation providing minimum levels of
protection for intellectual property
Principles of Information Security, 4th Edition 26
Agreement on Trade-Related Aspects
of Intellectual Property Rights (cont’d.)
• Agreement covers five issues:
– Application of basic principles of trading system and
international intellectual property agreements
– Giving adequate protection to intellectual property
rights
– Enforcement of those rights by countries in their own
territories
– Settling intellectual property disputes
– Transitional arrangements while new system is being
introduced
Principals of Information Security, Fourth Edition 27
Digital Millennium Copyright Act
(DMCA)
• U.S. contribution to international effort to reduce
impact of copyright, trademark, and privacy
infringement
• A response to European Union Directive 95/46/EC,
• Prohibits
– Circumvention of protections and countermeasures
– Manufacture and trafficking of devices used to
circumvent such protections
– Prohibits altering information attached or imbedded in
copyrighted material
• Excludes ISPs from some copyright infringement
Principles of Information Security, 4th Edition 28
Ethics and Information Security
• Many Professional groups have explicit rules
governing ethical behavior in the workplace
• IT and IT security do not have binding codes of
ethics
• Professional associations and certification
agencies work to establish codes of ethics
– Can prescribe ethical conduct
– Do not always have the ability to ban violators from
practice in field
Principals of Information Security, Fourth Edition 29
Principles of Information Security, 4th Edition 30
Ethical Differences Across Cultures
• Cultural differences create difficulty in determining
what is and is not ethical
• Difficulties arise when one nationality’s ethical
behavior conflicts with ethics of another national
group
• Scenarios are grouped into:
– Software License Infringement
– Illicit Use
– Misuse of Corporate Resources
• Cultures have different views on the scenarios
Principles of Information Security, 4th Edition 31
Ethics and Education
• Overriding factor in levelling ethical perceptions
within a small population is education
• Employees must be trained in expected behaviors
of an ethical employee, especially in areas of
information security
• Proper ethical training is vital to creating informed,
well prepared, and low-risk system user
Principles of Information Security, 4th Edition 32
Deterring Unethical and Illegal
Behavior
• Three general causes of unethical and illegal
behavior: ignorance, accident, intent
• Deterrence: best method for preventing an illegal or
unethical activity; e.g., laws, policies, technical
controls
• Laws and policies only deter if three conditions are
present:
– Fear of penalty
– Probability of being caught
– Probability of penalty being administered
Principles of Information Security, 4th Edition 33
Codes of Ethics and Professional
Organizations
• Several professional organizations have
established codes of conduct/ethics
• Codes of ethics can have positive effect;
unfortunately, many employers do not encourage
joining these professional organizations
• Responsibility of security professionals to act
ethically and according to policies of employer,
professional organization, and laws of society
Principles of Information Security, 4th Edition 34
Major IT Professional Organizations
• Association of Computing Machinery (ACM)
– Established in 1947 as “the world's first educational
and scientific computing society”
– Code of ethics contains references to protecting
information confidentiality, causing no harm,
protecting others’ privacy, and respecting others’
intellectual property
Principles of Information Security, 4th Edition 35
Major IT Professional Organizations
(cont’d.)
• International Information Systems Security
Certification Consortium, Inc. (ISC)2
– Nonprofit organization focusing on development and
implementation of information security certifications
and credentials
– Code primarily designed for information security
professionals who have certification from (ISC)2
– Code of ethics focuses on four mandatory canons
Principles of Information Security, 4th Edition 36
Major IT Professional Organizations
(cont’d.)
• System Administration, Networking, and Security
Institute (SANS)
– Professional organization with a large membership
dedicated to protection of information and systems
– SANS offers set of certifications called Global
Information Assurance Certification (GIAC)
Principles of Information Security, 4th Edition 37
Major IT Professional Organizations
(cont’d.)
• Information Systems Audit and Control Association
(ISACA)
– Professional association with focus on auditing,
control, and security
– Concentrates on providing IT control practices and
standards
– ISACA has code of ethics for its professionals
Principles of Information Security, 4th Edition 38
Major IT Professional Organizations
(cont’d.)
• Information Systems Security Association (ISSA)
– Nonprofit society of information security (IS)
professionals
– Primary mission to bring together qualified IS
practitioners for information exchange and
educational development
– Promotes code of ethics similar to (ISC)2
, ISACA,
and ACM
Principles of Information Security, 4th Edition 39
Key U.S. Federal Agencies
• Department of Homeland Security (DHS)
– Made up of five directorates, or divisions
– Mission is to protect the people as well as the physical
and informational assets of the US
• Federal Bureau of Investigation’s National InfraGard
Program
– Maintains an intrusion alert network
– Maintains a secure Web site for communication about
suspicious activity or intrusions
– Sponsors local chapter activities
– Operates a help desk for questions
Principles of Information Security, 4th Edition 40
Key U.S. Federal Agencies (cont’d.)
• National Security Agency (NSA)
– Is the Nation’s cryptologic organization
– Protects US information systems
– Produces foreign intelligence information
– Responsible for signal intelligence and information
system security
• U.S. Secret Service
– In addition to protective services, charged with the
detection and arrest of persons committing a federal
office relating to computer fraud or false identification
Principals of Information Security, Fourth Edition 41
Summary
• Laws: rules that mandate or prohibit certain
behavior in society; drawn from ethics
• Ethics: define socially acceptable behaviors; based
on cultural mores (fixed moral attitudes or customs
of a particular group)
• Types of law: civil, criminal, private, public
Principles of Information Security, 4th Edition 42
Summary (cont’d.)
• Relevant U.S. laws:
– Computer Fraud and Abuse Act of 1986 (CFA Act)
– National Information Infrastructure Protection Act of
1996
– USA PATRIOT Act of 2001
– USA PATRIOT Improvement and Reauthorization
Act
– Computer Security Act of 1987
– Title 18, U.S.C. § 1028
Principles of Information Security, 4th Edition 43
Summary (cont’d.)
• Many organizations have codes of conduct and/or
codes of ethics
• Organization increases liability if it refuses to take
measures known as due care
• Due diligence requires that organization make valid
effort to protect others and continually maintain that
effort
Principles of Information Security, 4th Edition 44

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Chapter 3 Principles of Info Security.ppt

  • 1. Principals of Information Security, Fourth Edition Chapter 3 Legal, Ethical, and Professional Issues in Information Security
  • 2. Learning Objectives • Upon completion of this material, you should be able to: – Describe the functions of and relationships among laws, regulations, and professional organizations in information security – Differentiate between laws and ethics – Identify major national laws that affect the practice of information security – Explain the role of culture as it applies to ethics in information security Principles of Information Security, 4th Edition 2
  • 3. Introduction • You must understand scope of an organization’s legal and ethical responsibilities • To minimize liabilities/reduce risks, the information security practitioner must: – Understand current legal environment – Stay current with laws and regulations – Watch for new issues that emerge Principles of Information Security, 4th Edition 3
  • 4. Law and Ethics in Information Security • Laws: rules that mandate or prohibit certain societal behavior • Ethics: define socially acceptable behavior • Cultural mores: fixed moral attitudes or customs of a particular group; ethics based on these • Laws carry sanctions of a governing authority; ethics do not Principles of Information Security, 4th Edition 4
  • 5. Organizational Liability and the Need for Counsel • Liability: legal obligation of an entity extending beyond criminal or contract law; includes legal obligation to make restitution • Restitution: to compensate for wrongs committed by an organization or its employees • Due care: insuring that employees know what constitutes acceptable behavior and know the consequences of illegal or unethical actions • Due diligence: making a valid effort to protect others; continually maintaining level of effort Principles of Information Security, 4th Edition 5
  • 6. Organizational Liability and the Need for Counsel (cont’d.) • Jurisdiction: court's right to hear a case if the wrong was committed in its territory or involved its citizenry • Long arm jurisdiction: right of any court to impose its authority over an individual or organization if it can establish jurisdiction Principles of Information Security, 4th Edition 6
  • 7. Policy versus Law • Policies: body of expectations that describe acceptable and unacceptable employee behaviors in the workplace • Policies function as laws within an organization; must be crafted carefully to ensure they are complete, appropriate, fairly applied to everyone • Difference between policy and law: ignorance of a policy is an acceptable defense Principles of Information Security, 4th Edition 7
  • 8. Policy versus Law (cont’d.) • Criteria for policy enforcement: – Dissemination (distribution) – Review (reading) – Comprehension (understanding) – Compliance (agreement) – Uniform enforcement Principals of Information Security, Fourth Edition 8
  • 9. Types of Law • Civil: governs nation or state; manages relationships/conflicts between organizational entities and people • Criminal: addresses violations harmful to society; actively enforced by the state • Private: regulates relationships between individuals and organizations • Public: regulates structure/administration of government agencies and relationships with citizens, employees, and other governments Principles of Information Security, 4th Edition 9
  • 10. Relevant U.S. Laws • United States has been a leader in the development and implementation of information security legislation • Implementation of information security legislation contributes to a more reliable business environment and a stable economy • U.S. has demonstrated understanding of problems facing the information security field; has specified penalties for individuals and organizations failing to follow requirements set forth in U.S. civil statutes Principles of Information Security, 4th Edition 10
  • 11. General Computer Crime Laws • Computer Fraud and Abuse Act of 1986 (CFA Act): cornerstone of many computer-related federal laws and enforcement efforts • National Information Infrastructure Protection Act of 1996: – Modified several sections of the previous act and increased the penalties for selected crimes – Severity of penalties judged on the purpose • For purposes of commercial advantage • For private financial gain • In furtherance of a criminal act Principles of Information Security, 4th Edition 11
  • 12. General Computer Crime Laws (cont’d.) • USA PATRIOT Act of 2001: provides law enforcement agencies with broader latitude in order to combat terrorism-related activities • USA PATRIOT Improvement and Reauthorization Act: made permanent fourteen of the sixteen expanded powers of the Department of Homeland Security and the FBI in investigating terrorist activity • Computer Security Act of 1987: one of the first attempts to protect federal computer systems by establishing minimum acceptable security practices Principals of Information Security, Fourth Edition 12
  • 13. Privacy • One of the hottest topics in information security • Is a “state of being free from unsanctioned intrusion” • Ability to aggregate data from multiple sources allows creation of information databases previously impossible • The number of statutes addressing an individual’s right to privacy has grown Principles of Information Security, 4th Edition 13
  • 14. Privacy (cont’d.) • US Regulations – Privacy of Customer Information Section of the common carrier regulation – Federal Privacy Act of 1974 – Electronic Communications Privacy Act of 1986 – Health Insurance Portability and Accountability Act of 1996 (HIPAA), aka Kennedy-Kassebaum Act – Financial Services Modernization Act, or Gramm- Leach-Bliley Act of 1999 Principles of Information Security, 4th Edition 14
  • 15. Privacy (cont’d.) • Identity Theft – Federal Trade Commission: “occurring when someone uses your personally identifying information, like your name, Social Security number, or credit card number, without your permission, to commit fraud or other crimes” – Fraud And Related Activity In Connection With Identification Documents, Authentication Features, And Information (Title 18, U.S.C. § 1028) Principles of Information Security, 4th Edition 15
  • 16. Privacy (cont’d.) • If someone suspects identity theft – Report to the three dominant consumer reporting companies that your identity is threatened – Account • Close compromised account • Dispute accounts opened without permission – Register your concern with the FTC – Report the incident to either your local police or police in the location where the identity theft occurred Principals of Information Security, Fourth Edition 16
  • 17. Health Insurance Portability and Accountability Act of 1996 (HIPAA) • Protects the confidentiality and security of health care data by establishing and enforcing standards and by standardizing electronic data interchange • Consumer control of medical information • Boundaries on the use of medical information • Accountability for the privacy of private information • Balance of public responsibility for the use of medical information for the greater good measured against impact to the individual • Security of health information Principals of Information Security, Fourth Edition 17
  • 18. Export and Espionage Laws • Economic Espionage Act of 1996 (EEA) • Security And Freedom Through Encryption Act of 1999 (SAFE) • The acts include provisions about encryption that: – Reinforce the right to use or sell encryption algorithms, without concern of key registration – Prohibit the federal government from requiring it – Make it not probable cause in criminal activity – Relax export restrictions – Additional penalties for using it in a crime Principles of Information Security, 4th Edition 18
  • 19. Principles of Information Security, 4th Edition 19 Figure 3-1 Export and Espionage
  • 20. U.S. Copyright Law • Intellectual property recognized as protected asset in the U.S.; copyright law extends to electronic formats • With proper acknowledgment, permissible to include portions of others’ work as reference • U.S. Copyright Office Web site: www.copyright.gov Principles of Information Security, 4th Edition 20
  • 21. Financial Reporting • Sarbanes-Oxley Act of 2002 • Affects executive management of publicly traded corporations and public accounting firms • Seeks to improve reliability and accuracy of financial reporting and increase the accountability of corporate governance • Penalties for noncompliance range from fines to jail terms • Reliability assurance will require additional emphasis on confidentiality and integrity Principles of Information Security, 4th Edition 21
  • 22. Freedom of Information Act of 1966 (FOIA) • Allows access to federal agency records or information not determined to be matter of national security • U.S. government agencies required to disclose any requested information upon receipt of written request • Some information protected from disclosure Principles of Information Security, 4th Edition 22
  • 23. State and Local Regulations • Restrictions on organizational computer technology use exist at international, national, state, local levels • Information security professional responsible for understanding state regulations and ensuring organization is compliant with regulations Principles of Information Security, 4th Edition 23
  • 24. International Laws and Legal Bodies • When organizations do business on the Internet, they do business globally • Professionals must be sensitive to laws and ethical values of many different cultures, societies, and countries • Because of political complexities of relationships among nations and differences in culture, there are few international laws relating to privacy and information security • These international laws are important but are limited in their enforceability Principles of Information Security, 4th Edition 24
  • 25. European Council Cyber-Crime Convention • Establishes international task force overseeing Internet security functions for standardized international technology laws • Attempts to improve effectiveness of international investigations into breaches of technology law • Well received by intellectual property rights advocates due to emphasis on copyright infringement prosecution • Lacks realistic provisions for enforcement Principles of Information Security, 4th Edition 25
  • 26. Agreement on Trade-Related Aspects of Intellectual Property Rights • Created by World Trade Organization (WTO) • First significant international effort to protect intellectual property rights • Outlines requirements for governmental oversight and legislation providing minimum levels of protection for intellectual property Principles of Information Security, 4th Edition 26
  • 27. Agreement on Trade-Related Aspects of Intellectual Property Rights (cont’d.) • Agreement covers five issues: – Application of basic principles of trading system and international intellectual property agreements – Giving adequate protection to intellectual property rights – Enforcement of those rights by countries in their own territories – Settling intellectual property disputes – Transitional arrangements while new system is being introduced Principals of Information Security, Fourth Edition 27
  • 28. Digital Millennium Copyright Act (DMCA) • U.S. contribution to international effort to reduce impact of copyright, trademark, and privacy infringement • A response to European Union Directive 95/46/EC, • Prohibits – Circumvention of protections and countermeasures – Manufacture and trafficking of devices used to circumvent such protections – Prohibits altering information attached or imbedded in copyrighted material • Excludes ISPs from some copyright infringement Principles of Information Security, 4th Edition 28
  • 29. Ethics and Information Security • Many Professional groups have explicit rules governing ethical behavior in the workplace • IT and IT security do not have binding codes of ethics • Professional associations and certification agencies work to establish codes of ethics – Can prescribe ethical conduct – Do not always have the ability to ban violators from practice in field Principals of Information Security, Fourth Edition 29
  • 30. Principles of Information Security, 4th Edition 30
  • 31. Ethical Differences Across Cultures • Cultural differences create difficulty in determining what is and is not ethical • Difficulties arise when one nationality’s ethical behavior conflicts with ethics of another national group • Scenarios are grouped into: – Software License Infringement – Illicit Use – Misuse of Corporate Resources • Cultures have different views on the scenarios Principles of Information Security, 4th Edition 31
  • 32. Ethics and Education • Overriding factor in levelling ethical perceptions within a small population is education • Employees must be trained in expected behaviors of an ethical employee, especially in areas of information security • Proper ethical training is vital to creating informed, well prepared, and low-risk system user Principles of Information Security, 4th Edition 32
  • 33. Deterring Unethical and Illegal Behavior • Three general causes of unethical and illegal behavior: ignorance, accident, intent • Deterrence: best method for preventing an illegal or unethical activity; e.g., laws, policies, technical controls • Laws and policies only deter if three conditions are present: – Fear of penalty – Probability of being caught – Probability of penalty being administered Principles of Information Security, 4th Edition 33
  • 34. Codes of Ethics and Professional Organizations • Several professional organizations have established codes of conduct/ethics • Codes of ethics can have positive effect; unfortunately, many employers do not encourage joining these professional organizations • Responsibility of security professionals to act ethically and according to policies of employer, professional organization, and laws of society Principles of Information Security, 4th Edition 34
  • 35. Major IT Professional Organizations • Association of Computing Machinery (ACM) – Established in 1947 as “the world's first educational and scientific computing society” – Code of ethics contains references to protecting information confidentiality, causing no harm, protecting others’ privacy, and respecting others’ intellectual property Principles of Information Security, 4th Edition 35
  • 36. Major IT Professional Organizations (cont’d.) • International Information Systems Security Certification Consortium, Inc. (ISC)2 – Nonprofit organization focusing on development and implementation of information security certifications and credentials – Code primarily designed for information security professionals who have certification from (ISC)2 – Code of ethics focuses on four mandatory canons Principles of Information Security, 4th Edition 36
  • 37. Major IT Professional Organizations (cont’d.) • System Administration, Networking, and Security Institute (SANS) – Professional organization with a large membership dedicated to protection of information and systems – SANS offers set of certifications called Global Information Assurance Certification (GIAC) Principles of Information Security, 4th Edition 37
  • 38. Major IT Professional Organizations (cont’d.) • Information Systems Audit and Control Association (ISACA) – Professional association with focus on auditing, control, and security – Concentrates on providing IT control practices and standards – ISACA has code of ethics for its professionals Principles of Information Security, 4th Edition 38
  • 39. Major IT Professional Organizations (cont’d.) • Information Systems Security Association (ISSA) – Nonprofit society of information security (IS) professionals – Primary mission to bring together qualified IS practitioners for information exchange and educational development – Promotes code of ethics similar to (ISC)2 , ISACA, and ACM Principles of Information Security, 4th Edition 39
  • 40. Key U.S. Federal Agencies • Department of Homeland Security (DHS) – Made up of five directorates, or divisions – Mission is to protect the people as well as the physical and informational assets of the US • Federal Bureau of Investigation’s National InfraGard Program – Maintains an intrusion alert network – Maintains a secure Web site for communication about suspicious activity or intrusions – Sponsors local chapter activities – Operates a help desk for questions Principles of Information Security, 4th Edition 40
  • 41. Key U.S. Federal Agencies (cont’d.) • National Security Agency (NSA) – Is the Nation’s cryptologic organization – Protects US information systems – Produces foreign intelligence information – Responsible for signal intelligence and information system security • U.S. Secret Service – In addition to protective services, charged with the detection and arrest of persons committing a federal office relating to computer fraud or false identification Principals of Information Security, Fourth Edition 41
  • 42. Summary • Laws: rules that mandate or prohibit certain behavior in society; drawn from ethics • Ethics: define socially acceptable behaviors; based on cultural mores (fixed moral attitudes or customs of a particular group) • Types of law: civil, criminal, private, public Principles of Information Security, 4th Edition 42
  • 43. Summary (cont’d.) • Relevant U.S. laws: – Computer Fraud and Abuse Act of 1986 (CFA Act) – National Information Infrastructure Protection Act of 1996 – USA PATRIOT Act of 2001 – USA PATRIOT Improvement and Reauthorization Act – Computer Security Act of 1987 – Title 18, U.S.C. § 1028 Principles of Information Security, 4th Edition 43
  • 44. Summary (cont’d.) • Many organizations have codes of conduct and/or codes of ethics • Organization increases liability if it refuses to take measures known as due care • Due diligence requires that organization make valid effort to protect others and continually maintain that effort Principles of Information Security, 4th Edition 44

Editor's Notes

  • #2: Upon completion of this chapter the student should be able to: Describe the functions of and relationships among laws, regulations, and professional organizations in information security. Differentiate between laws and ethics Identify major national laws that affect the practice of information security Explain the role of culture as it applies to ethics in information security
  • #3: Introduction As a future information security professional, it is vital that you understand the scope of an organization’s legal and ethical responsibilities. To minimize liabilities and reduce risks from electronic, physical threats and reduce the losses from legal action, the information security practitioner must understand the current legal environment, stay current as new laws and regulations emerge, and watch for issues that need attention.
  • #4: Law and Ethics in Information Security As individuals we elect to trade some aspects of personal freedom for social order. Laws are rules adopted for determining expected behavior in modern society and are drawn from ethics, which define socially acceptable behaviors. Ethics in turn are based on cultural mores: fixed moral attitudes or customs of a particular group. Some ethics are recognized as universal among cultures.
  • #9: Types of Law Civil law represents a wide variety of laws that are recorded in volumes of legal “code” available for review by the average citizen. Criminal law addresses violations harmful to society and is actively enforced through prosecution by the state. Tort law allows individuals to seek recourse against others in the event of personal, physical, or financial injury. Private law regulates the relationship between the individual and the organization, and encompasses family law, commercial law, and labor law. Public law regulates the structure and administration of government agencies and their relationships with citizens, employees, and other governments, providing careful checks and balances. Examples of public law include criminal, administrative, and constitutional law.
  • #11: Relevant U.S. Laws - General Computer Crime Laws The Computer Fraud and Abuse Act of 1986 is the cornerstone of many computer-related federal laws and enforcement efforts. It was amended in October 1996 with the National Information Infrastructure Protection Act of 1996, which modified several sections of the CFA and increased the penalties for selected crimes. The USA Patriot Act of 2001 modified a wide range of existing laws to provide law enforcement agencies with a broader latitude of actions to combat terrorism-related activities. The Communication Act of 1934 was revised by the Telecommunications Deregulation and Competition Act of 1996, which attempts to modernize the archaic terminology of the older act. These much-needed updates of terminology were included as part of the Communications Decency Act (CDA). The CDA was immediately ensnared in a thorny legal debate over the attempt to define indecency, and ultimately rejected by the Supreme Court. Another key law that is of critical importance for the information security profession is the Computer Security Act of 1987. It was one of the first attempts to protect federal computer systems by establishing minimum acceptable security practices. The National Bureau of Standards, in cooperation with the National Security Agency, became responsible for developing these security standards and guidelines.
  • #13: Privacy The issue of privacy has become one of the hottest topics in information. The ability to collect information on an individual, combine facts from separate sources, and merge it with other information has resulted in databases of information that were previously impossible to set up. The aggregation of data from multiple sources permits unethical organizations to build databases of facts with frightening capabilities.
  • #14: Privacy of Customer Information The Privacy of Customer Information Section of Common Carrier regulation specifies that any proprietary information shall be used explicitly for providing services, and not for any marketing purposes. It also stipulates that carriers cannot disclose this information except when necessary to provide their services. The only other exception is when a customer requests the disclosure of information, and then the disclosure is restricted to that customer’s information only. The Federal Privacy Act of 1974 regulates the government in the protection of individual privacy and was created to insure that government agencies protect the privacy of individuals’ and businesses’ information and to hold those agencies responsible if any portion of this information is released without permission. The Electronic Communications Privacy Act of 1986 regulates the interception of wire, electronic, and oral communications. The ECPA works in conjunction with the Fourth Amendment of the US Constitution, which provides protections from unlawful search and seizure. The Health Insurance Portability & Accountability Act Of 1996 (HIPAA), also known as the Kennedy-Kassebaum Act, impacts all health-care organizations including small doctor practices, health clinics, life insurers and universities, as well as some organizations which have self-insured employee health programs. The act requires organizations that retain health-care information to use information security mechanisms to protect this information, as well as policies and procedures to maintain this security. It also requires a comprehensive assessment of the organization's information security systems, policies, and procedures. There is no specification of particular security technologies for each of the security requirements; only that security must be implemented to ensure the privacy of the health-care information. The privacy standards of HIPAA severely restrict the dissemination and distribution of private health information without documented consent. The standards provide patients the right to know who has access to their information and who has accessed it and also restrict the use of health information to the minimum required for the healthcare services required. The Financial Services Modernization Act or Gramm-Leach-Bliley Act of 1999 requires all financial institutions to disclose their privacy policies on the sharing of nonpublic personal information. It also requires due notice to customers so that they can request that their information not be shared with third parties. The act ensures that the privacy policies in effect in an organization are fully disclosed when a customer initiates a business relationship, as well as distributed at least annually for the duration of the professional association.
  • #18: Export And Espionage Laws In an attempt to protect American ingenuity, intellectual property, and competitive advantage, Congress passed the Economic Espionage Act (EEA) in 1996. This law attempts to prevent trade secrets from being illegally shared. The Security And Freedom Through Encryption Act of 1997 (SAFE) was an attempt by Congress to provide guidance on the use of encryption and provided measures of public protection from government intervention.
  • #20: U.S. Copyright Law Intellectual property is recognized as a protected asset in the U.S. U.S. copyright law extends this right to the published word, including electronic formats. Fair use of copyrighted materials includes the use to support news reporting, teaching, scholarship, and a number of other related permissions, so long as the purpose of the use is for educational or library purposes, not for profit, and is not excessive.
  • #22: Freedom of Information Act of 1966 (FOIA) The Freedom of Information Act provides any person with the right to request access to federal agency records or information not determined to be a matter of national security. U.S. government agencies are required to disclose any requested information on receipt of a written request. There are exceptions for information that is protected from disclosure, and the act does not apply to state or local government agencies or to private businesses or individuals, although many states have their own version of the FOIA.
  • #23: State & Local Regulations In addition to the national and international restrictions placed on an organization in the use of computer technology, each state or locality may have a number of laws and regulations that impact operations. It is the responsibility of the information security professional to understand state laws and regulations and insure the organization’s security policies and procedures comply with those laws and regulations.
  • #25: International Laws and Legal Bodies Recently the Council of Europe drafted the European Council Cyber-Crime Convention, designed to create an international task force to oversee a range of security functions associated with Internet activities and to standardize technology laws across international borders. It also attempts to improve the effectiveness of international investigations into breaches of technology law. This convention is well received by advocates of intellectual property rights with its emphasis on copyright infringement prosecution.
  • #28: Digital Millennium Copyright Act (DMCA)‏ The Digital Millennium Copyright Act (DMCA) is the U.S. version of an international effort to reduce the impact of copyright, trademark, and privacy infringement especially through the removal of technological copyright protection measures. The European Union also put forward Directive 95/46/EC that increases protection of individuals with regard to the processing of personal data and the free movement of such data. The United Kingdom has already implemented a version of this directive called the Database Right.
  • #30: Ethical Concepts in Information Security “The Ten Commandments of Computer Ethics from The Computer Ethics Institute 1. Thou shalt not use a computer to harm other people. 2. Thou shalt not interfere with other people's computer work. 3. Thou shalt not snoop around in other people's computer files. 4. Thou shalt not use a computer to steal. 5. Thou shalt not use a computer to bear false witness. 6. Thou shalt not copy or use proprietary software for which you have not paid. 7. Thou shalt not use other people's computer resources without authorization or proper compensation. 8. Thou shalt not appropriate other people's intellectual output. 9. Thou shalt think about the social consequences of the program you are writing or the system you are designing. 10. Thou shalt always use a computer in ways that insure consideration and respect for your fellow humans.”
  • #31: Cultural Differences in Ethical Concepts With regard to computer use, differences in cultures cause problems in determining what is ethical and what is not ethical. Studies of ethical sensitivity to computer use reveal that individuals of different nationalities have different perspectives on ethics. Difficulties arise when one nationality’s ethical behavior contradicts that of another national group.
  • #32: Ethics and Education Employees must be trained and kept aware in a number of topics related to information security, not the least of which is the expected behaviors of an ethical employee. This is especially important in areas of information security, as many employees may not have the formal technical training to understand that their behavior is unethical or even illegal. Proper ethical and legal training is vital to creating an informed, well prepared, and low-risk system user.
  • #33: Deterrence To Unethical and Illegal Behavior Deterrence is the best method for preventing an illegal or unethical activity. Laws, policies, and technical controls are all examples of deterrents. However, it is generally agreed that laws and policies and their associated penalties only deter if three conditions are present. Fear of penalty Probability of being caught Probability of penalty being administered
  • #34: Codes Of Ethics, Certifications, and Professional Organizations A number of professional organizations have established codes of conduct and/or codes of ethics that members are expected to follow. Codes of ethics can have a positive effect on an individual’s judgment regarding computer use. Unfortunately, having a code of ethics is not enough, because many employers do not encourage their employees to join these professional organizations. It is the responsibility of security professionals to act ethically and according to the policies and procedures of their employer, their professional organization, and the laws of society.
  • #35: Association of Computing Machinery The ACM (www.acm.org) is a respected professional society, originally established in 1947 as “the world's first educational and scientific computing society.” The ACM’s code of ethics requires members to perform their duties in a manner befitting an ethical computing professional. The code contains specific references to protecting the confidentiality of information, causing no harm, protecting the privacy of others, and respecting the intellectual property and copyrights of others.
  • #36: International Information Systems Security Certification Consortium The (ISC)2 (www.isc2.org) is a nonprofit organization that focuses on the development and implementation of information security certifications and credentials. The code of ethics put forth by (ISC)2 is primarily designed for information security professionals who have earned a certification from (ISC)2. This code focuses on four mandatory canons: Protect society, the commonwealth, and the infrastructure; Act honorably, honestly, justly, responsibly, and legally; Provide diligent and competent service to principals; and Advance and protect the profession.
  • #37: System Administration, Networking, and Security Institute The System Administration, Networking, and Security Institute, or SANS (www.sans.org), is a professional organization with a large membership dedicated to the protection of information and systems. SANS offers a set of certifications called the Global Information Assurance Certification or GIAC.
  • #38: Information Systems Audit and Control Association The Information Systems Audit and Control Association or ISACA (www.isaca.org) is a professional association with a focus on auditing, control, and security. Although it does not focus exclusively on information security, the Certified Information Systems Auditor or CISA certification does contain many information security components. The ISACA also has a code of ethics for its professionals. It requires many of the same high standards for ethical performance as the other organizations and certifications.
  • #40: KEY U.S. FEDERAL AGENCIES The Federal Bureau of Investigation’s National Infrastructure Protection Center (NIPC) (www.nipc.gov) was established in 1998 and serves as the U.S. government's focal point for threat assessment, warning, investigation, and response for threats or attacks against critical U.S. infrastructures. A key part of the NIPC’s efforts to educate, train, inform, and involve the business and public sector in information security is the National InfraGard Program. Established in January of 2001, the National InfraGard Program began as a cooperative effort between the FBI’s Cleveland Field Office and local technology professionals. Another key federal agency is the National Security Agency (NSA). The NSA is “the Nation's cryptologic organization. It coordinates, directs, and performs highly specialized activities to protect U.S. information systems and produce foreign intelligence information” The NSA is responsible for signal intelligence and information system security. The U.S. Secret Service is a department within the Department of the Treasury. The Secret Service is also charged with the detection and arrest of any person committing a U.S. federal offense relating to computer fraud and false identification crimes. This represents an extension of the original mission of protecting U.S. currency-related issues to areas of communications fraud and abuse.