Legal Regulations, Compliance, and Investigation

Through an interactive discussion, trace which of the ten constitutional amendments have provisions that affect privacy. Once you have identified the constitutional amendments that affect privacy, highlight in your discussion how privacy is affected by the Bill of Rights.
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Legal Issues in
Information Security
Lesson 3
The American Legal System
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Learning Objective
Identify the basic components of the
American legal system.
Legal Issues in Information Security
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Page 2
Key Concepts
? Components of the American legal system
? Code law versus common law
? Categories of law
? How precedent affects the law
? Security, privacy, compliance, and auditing
Legal Issues in Information Security
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Page 3
Components of the American
Legal System
? Federal Government
? Legislative
? Executive
? Judicial
? State Government
Legal Issues in Information Security
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All rights reserved.
Page 4
Federal Government
Executive
Branch
Legislative
Branch
Judicial
Branch
Federal
Government
Legal Issues in Information Security
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Page 5
Bill of Rights
1789
1791
Legal Issues in Information Security
? Ratification of the United States Constitution
? Supreme law of the land
? All statutes measured against this document
? Discovered concepts missing from early
documents
? Modifications to the U.S. Constitution
? Bill of Rights ? first amendments to
Constitution
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Page 6
Different Types of Laws
Law
Common Law
Code Law
Constitutional Law
Civil Law
Criminal Law
Administrative Law
Legal Precedent
Legal Issues in Information Security
Description
? Values and customs
? Written by Legislature
? Highest authority
? Individual complaints
? Wrongs to society
? Agency regulations
? Guidance from past
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Page 7
The Role of Precedent
? Doctrine of precedent
? Courts look at decisions made in prior cases to
determine appropriate resolution for new cases
?Also referred to as the doctrine of stare decisis
? “To stand by things decided?
?Payne v. Tennessee (1991)
?Plessy v. Ferguson (1896)
?Brown v. Board of Education (1954)
Legal Issues in Information Security
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Page 8
Regulatory Authorities
? Federal government delegates some regulatory
and enforcement functions to administrative
agencies
? ?Agency? is any governmental authority besides
Congress and the courts
? President usually has responsibility for
overseeing federal agencies
? Congress can create independent agencies that
report directly to it
? Example: Federal Trade Commission (FTC)
Legal Issues in Information Security
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Page 9
Difference Between Compliance
and Audit
Compliance is the
action of following
applicable laws and
rules
Compliance
Audit
Audit is an
evaluation and
verification that
certain objectives
are met.
Legal Issues in Information Security
© 2015 Jones and Bartlett Learning, LLC, an Ascend Learning Company
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All rights reserved.
Page 10
Summary
? Components of the American legal system
? Code law versus common law
? Categories of law
? How precedent affects the law
? Security, privacy, compliance, and auditing
Legal Issues in Information Security
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All rights reserved.
Page 11
OPTIONAL SLIDES
Legal Issues in Information Security
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Page 12
Bill of Rights and Privacy
Amendment
Description
Amendment I
Privacy of Beliefs
Amendment III
Privacy of the Home
Amendment IV
Privacy Against Unreasonable Search
and Seizure
Amendment V
Protection of Personal Information
Privilege Against Self-Incrimination
General Protection for Privacy
Amendment IX
Amendment XIV
Legal Issues in Information Security
Liberty Clause ? Assures Due Process
of Law
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Page 13
Bill of Rights
21st Century Significance
? Increased importance of information
security
? Need for new laws regulating technology
? Law codes created to protect citizens
? Limit infringement on Constitutional
rights
Legal Issues in Information Security
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Page 14

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