In order to complete Assignment #5 you will need to answer the below questions.

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examples from the readings, lecture notes and outside research to
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length with a minimum of 2 outside sources. Please be sure to follow
APA guidelines for citing and referencing sources. 1. Explain the intent and fundamental concepts of search and seizure law as it applies to digital crime. 2. Identify and explain situations where search and seizure is possible without a warrant. Please describe the limitations.
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Week 5 Lesson
Chapter 5
Background
As long as global computer networks have existed, so have malicious users
intent on exploiting vulnerabilities. Early evolutions of threats to computer
networks involved self-propagating code. Advancements over time in antivirus technology significantly reduced this automated risk. More recently, a
new class of threats, intent on the compromise of data for economic or
military advancement, emerged as the largest element of risk facing some
industries. This class of threat has been given the moniker Advanced
Persistent Threat,” or APT. To date, most organizations have relied on the
technologies and processes implemented to mitigate risks associated with
automated viruses and worms which do not sufficiently address focused,
manually operated APT intrusions. Conventional incident response methods
fail to mitigate the risk posed by APTs because they make two awed
assumptions: response should happen after the point of compromise, and
the compromise was the result of a fixable flaw (Mitropoulos et al., 2006;
National Institute of Standards and Technology, 2008).
Intelligence-driven computer network defense is a risk management strategy
that addresses the threat component of risk, incorporating analysis of
adversaries, their capabilities, objectives, doctrine and limitations. This is
necessarily a continuous process, leveraging indicators to discover new
activity with yet more indicators to leverage. It requires a new
understanding of the intrusions themselves, not as singular events, but
rather as phased progressions. This paper presents a new intrusion kill chain
model to analyze intrusions and drive defensive courses of action.
Electronic Communications Privacy Act
In 1986, Congress enacted the Electronic Communications Privacy Act to prohibit the
unauthorized interception of electronic communications during their transmission and to provide
limited protection to electronic communications that are in various forms of electronic storage.
Enacted in 1986, the ECPA extended government restrictions on wiretapping telephone calls to
include intercepting electronic data transmissions. The act was subsequently challenged over its
applicability to law enforcement intercepting email and roundly criticized for its failure to
protect consumer privacy.
Patriot Act. Among the most significant but least talked about aspects of the USA Patriot Act are
the information-sharing provisions in section 314. The Patriot Act directed the Treasury to issue
regulations for the “specific purpose of encouraging regulatory and law enforcement authorities
to share with financial institutions information regarding individuals, entities, and organizations
engaged in … terrorist acts or money laundering.” The Patriot act also provides that information
sharing by financial institutions about persons suspected of being involved in money laundering
or terrorism is exempt from the privacy provisions of the Gramm-Leach-Bliley Act.
In the case of State v. Staley, the investigator had clearly made up his mind of guilt prior to the
investigation. This type of approach is what opened him up to error. Although we know Staley is
guilty of possessing child porn, this was not the focus of the investigation or the warrant that was
issued. Because someone has a history of committing a certain crime we cannot impede on their
privacy. Past actions do not always predict the future. If we take the stance that past actions do
predict the future, the we should not be allowing any criminal to re-enter society.
References:
Graham, J., Howard, R, & Olson, R. (2011)
Cyber Security Essentials
CRC Press, Auerbach

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