Top Banner
Lecture 11. Law, Investigation of Computer Crimes Objectives To introduce students to general principles of law – Common Law • To describe computer crimes • To discuss Intellectual Property law • To examine the methods involved in investigating computer crimes 1 C. Nyamekye
31

Lecture 11 Law and Ethics

Nov 27, 2014

Download

Documents

Opoku Abraham
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Lecture 11 Law and Ethics

C. Nyamekye 1

Lecture 11. Law, Investigation of Computer Crimes

Objectives• To introduce students to general principles of law – Common Law• To describe computer crimes• To discuss Intellectual Property law• To examine the methods involved in investigating computer crimes

Page 2: Lecture 11 Law and Ethics

C. Nyamekye 2

Law

• Definition: a body of rules, actions, or conduct that has binding legal force. Laws must be obeyed by citizens subject to sanctions or legal consequences

‘Where there is no law, there is no freedom’ John Lock

Page 3: Lecture 11 Law and Ethics

C. Nyamekye 3

Functions of The Law

• Keep the peace• Shape moral standards• Promote social justice• Maintain status quo• Facilitate orderly change• Facilitate planning• Maximize individual freedom

Page 4: Lecture 11 Law and Ethics

C. Nyamekye 4

Schools of Jurisprudential Thought

The study of law is known as jurisprudenceLaw developed over time, and it continues to

develop. Legal philosophers can be grouped into five? major categories:

1. The Natural Law SchoolPostulates that the law should be based on what is

“correct.” Emphasis is on moral theory of law – law should be based on morality and ethics. The Ghana 1992 constitution, the UN charter, the U.S constitution reflect on this theory

Page 5: Lecture 11 Law and Ethics

C. Nyamekye 5

Schools of Jurisprudential Thought (cont’d)

2. The Historical Law SchoolBelief that the law is an aggregate of social

traditions and customs that have developed over the centuries. To these legal philosophers, the law is an evolutionary process. Changes in the norm of society are gradually reflected in the law. They look to past legal decisions to solve contemporary problems.

Page 6: Lecture 11 Law and Ethics

C. Nyamekye 6

Schools of Jurisprudential Thought (cont’d)

3. The Analytical School Maintains that the law is shaped by logic. The analytical

philosophers believe that results are reached by applying the principles of logic to the specific facts of the case

4. The Sociological SchoolThis jurisprudence asserts that the law is a means of

achieving and advancing certain sociological goals. The followers of this philosophy are known as realists. They do not adhere to past law as precedent.

Page 7: Lecture 11 Law and Ethics

C. Nyamekye 7

Schools of Jurisprudential Thought (cont’d)

5. The Command SchoolThe followers of this school believe that the law

is a set of rules developed, communicated, and enforced by the ruling part. They do not accept the other four philosophies. They maintain that the law changes only when the ruling class changes. Eg. The Ten Commandants of the Holy Bible

Page 8: Lecture 11 Law and Ethics

C. Nyamekye 8

The Common Law

• There are many types of legal systems in the world. They differ in how the treat the rights of the accused, how evidence is treated, and the role of the judiciary. The UK, US, Canada, Australia, Ghana employ the Common Law. France, Germany and others use the Civil Law. Saudi Arabia, Sudan, Iran and other Islamic countries employ the Sharia.

Page 9: Lecture 11 Law and Ethics

C. Nyamekye 9

The Common Law (cont’d)

Under the Common Law System, three “branches” of government make the laws – the legislative branch, the administrative agencies, and the judicial branch.

There are three main categories of laws under the Common Law System: criminal, civil (tort), administrative/regulatory

Page 10: Lecture 11 Law and Ethics

C. Nyamekye 10

The Common Law (cont’d)

• Criminal LawThese are laws about individual conduct that violates

government laws for the protection of the public. Punishment can include financial penalties and imprisonment

• Civil LawThese are laws about a wrong inflicted upon an

individual or organisation that results in damage or loss. Punishment can include imprisonment, financial award that comprise of punitive, and compensatory damages

Page 11: Lecture 11 Law and Ethics

C. Nyamekye 11

The Common Law (cont’d)

• Administrative/RegulatoryThese are laws on standards of performance and

conduct expected by government agencies from industries, organisations, officials, and officers. Violations can result in financial penalties and/or imprisonment

Ignorance is no excuse for committing crime

Page 12: Lecture 11 Law and Ethics

C. Nyamekye 12

Types of Computer Crimes

These crimes fall into two categories – crimes committed against the computer, and crimes committed using the computer

The following is a general list of the most important types of computer crimes:

• Denial of Service (DoS) and Distributed Denial of Service

• Theft of password• Network Intrusion – unauthorised penetration

into networked computer resources

Page 13: Lecture 11 Law and Ethics

C. Nyamekye 13

Types of Computer Crimes (cont’d)

• Eavesdropping• Social Engineering – using social skills to obtain

passwords or PIN numbers to be used in an attack against computer-based systems

• Illegal Content of material. Pornography is an example

• Fraud – using computer resources to perpetuate crimes such as auctioning material that will never be delivered

• Software Piracy – illegal copying and use of software

Page 14: Lecture 11 Law and Ethics

C. Nyamekye 14

Types of Computer Crimes (cont’d)

• Dumpster Diving – obtaining sensitive data, such as trade-secrets, by gathering information that has been discarded as garbage in a dumpster

• Malicious Code – viruses, trojan horses and worms

• Spoofing of IP addresses – inserting a false IP address into a message to disguise the original location

Page 15: Lecture 11 Law and Ethics

C. Nyamekye 15

Types of Computer Crimes (cont’d)

• Information Warfare. Attacking the information infrastructure of a nation – including military/government networks, communication systems, power grids

• Embezzlement – illegally acquiring funds, usually thru the manipulation and falsification of financial records

• Masquerading – pretending to be someone else usually to gain higher access privileges to information

Page 16: Lecture 11 Law and Ethics

C. Nyamekye 16

Intellectual Property Law

Inventions, writings, trademarks are an organisation’s most valuable asset. In Ghana, Copyright Act 2005 No 690 gives protection to intellectual property. The following categories fall under IPL:

PatentCopyrightTrademark

Page 17: Lecture 11 Law and Ethics

C. Nyamekye 17

Patents

This law provides an incentive for inventors to invent and make their inventions public and to protect patented inventions from infringement.

To be patented, the invention must be novel and useful. Only certain subject matter can be patented – 1)machines, 2)processes, 3)composition of matter, 4)improvements to existing machines, processes or composition of matter, 5)designs for an article of manufacture, 6)asexually reproduced plants, 7)living material invented by man

Page 18: Lecture 11 Law and Ethics

C. Nyamekye 18

Patents (cont’d)

Patent applicant must file a patent application with the relevant authorities and if granted, the invention is assigned a patent number that is universally recognized through World Trade Organisation

Patents are valid for 20years.In a suit for patent infringement, a plaintiff can

recover 1)money damages, 2)order requiring the destruction of the infringing item, 3)an injunction preventing the infringer from further practice

Page 19: Lecture 11 Law and Ethics

C. Nyamekye 19

Copyrights

Protects original works of “authorship”; protects the right of the author to control the reproduction, adaptation, public distribution, and performance of the original work.

Individuals are given statutory protection for the life of the author plus 50years. An organisation is protected for 100years

Page 20: Lecture 11 Law and Ethics

C. Nyamekye 20

Trademark

The Trademark law is intended to 1)protect the owner’s investment and goodwill in a mark and 2)prevent consumers from being confused as to the origin of goods and services.

The mark can be a symbol, name, motto, sound, product shape or a combination of these.

The original registration for trademark is valid for 10years and can be renewed for an unlimited number of 10-year periods.

Page 21: Lecture 11 Law and Ethics

C. Nyamekye 21

Investigating Computer Crimes

The field of investigating computer crimes is also known as computer forensics. Specifically, computer forensics is the collecting of information from and about computer systems that is admissible in a court of law.

Unique issues:1. Limited time frame for investigators and

prosecutors2. The information is intangible

Page 22: Lecture 11 Law and Ethics

C. Nyamekye 22

Investigating Computer Crimes (cont’d)

3. The investigation may interfere with the normal conduct of the business of the organization

4. There may be difficulty in gathering evidence5. Co-mingling of data – data for the criminal

investigation may be located on the same computer as the data for the normal business operations

6. Locations involved in the crime may be geographically separated – different jurisdiction

Page 23: Lecture 11 Law and Ethics

C. Nyamekye 23

Evidence

The gathering, control, and storage of evidence are extremely critical in any legal investigation.

Evidence involved in computer crime may be intangible and easy to modification without trace.

An investigator must be careful and follow the chain of evidence else, the evidence will be thrown out of court.

Page 24: Lecture 11 Law and Ethics

C. Nyamekye 24

Chain of Evidence

• Location of evidence when obtained• Time evidence was obtained• Identification of individual(s) who discovered

the evidence• Identification of individual(s) who secured the

evidence• Identification of individuals who maintained

possession of the evidence

Page 25: Lecture 11 Law and Ethics

C. Nyamekye 25

Evidence Life Cycle

1. Discovery & recognition2. Protection3. Recording4. Collection– Collect all relevant storage media– Make image of hard disk before removing power– Print out screen-shots– Avoid degaussing equipment

Page 26: Lecture 11 Law and Ethics

C. Nyamekye 26

Evidence Life Cycle (cont’d)

5. Identification (tagging & marking)6. Preservation– Protect magnetic media from erasure– Store in a proper environment

7. Transportation8. Presentation in a court of law9. Return of evidence to owner

Page 27: Lecture 11 Law and Ethics

C. Nyamekye 27

Admissibility of Evidence• Evidence must meet certain stringent

requirements – relevant, reliable, legally admissible, properly identified, and properly preserved.

• Relevant. The evidence should show that the crime was committed; can provide information as to the perpetrator’s motives; can verify what had occurred; can fix the time the crime was committed

• Reliability. The evidence has not been tampered with, or modified

Page 28: Lecture 11 Law and Ethics

C. Nyamekye 28

Admissibility of Evidence (cont’d)• Legally permissible. The evidence was obtained in a

lawful manner• Identification. The evidence is properly identified

without changing or damaging the evidence. In computer forensics, this process includes the following:– Labeling printouts with permanent markers– Identifying the OS used, the hardware types, etc– Recording serial numbers

• Preservation. The evidence is not subject to damage or destruction– Use write protect media – Use disk imaging software to backup HD

Page 29: Lecture 11 Law and Ethics

C. Nyamekye 29

Types of Evidence

Legal evidence can be classified into the following types:• Best evidence Original or primary evidence rather than a copy

or duplicate• Secondary evidence A copy of the original evidence or oral

description; not as reliable as best evidence• Conclusive evidence Incontrovertible; overrides all other

evidence• Circumstantial evidence Inference of information from other

intermediate, relevant facts• Hearsay evidence (3rd party) obtained from another source• Opinions: Expert may offer opinion based on personal

expertise• Non-expert opinion: may testify only as to facts

Page 30: Lecture 11 Law and Ethics

C. Nyamekye 30

Page 31: Lecture 11 Law and Ethics

C. Nyamekye 31