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Western Governor’s University
Legal Issues in Information Security
C841
IHP4 Task 1: Legal Analysis
A1. CFAA and ECPA
Computer Fraud and Abuse Act (CFAA): The Business Intelligence
Unit, part of the Applications Division at TechFite, was discovered to
have improperly accessed, or gone beyond their authorized access to,
sensitive computer documents belonging to the Legal, Human
Resources, and Finance departments. Since the computers used in these
departments are connected to the internet, they fall under the category of
computers engaged in interstate commerce. Consequently, this breach of
access not only raises significant ethical concerns but also represents a
breach of the Computer Fraud and Abuse Act (CFAA).
Electronic Communications Protection Act (ECPA): Two separate
user accounts belonging to former employees of TechFite were still
active and being exploited by unauthorized individuals for electronic
communications. This ongoing misuse raised significant security
concerns, as any emails stored within these accounts could be accessed
by those individuals, potentially containing sensitive information from
the original employees. Such unauthorized access not only jeopardizes
the privacy and confidentiality of the actual users but also constitutes a
, violation of the Electronic Communications Privacy Act (ECPA), which
protects private digital communications from interception and
disclosure.
A2. Three Laws
CFAA: The Chief Information Security Officer (CISO) overlooked the
critical responsibility of ensuring that the IT Security Analyst, who was
assigned to oversee the Applications Division, was effectively
conducting thorough audits and consistently reporting any unauthorized
escalations of privileges into other departments. This negligence
potentially allowed the Applications Division to operate without
scrutiny, enabling it to gain unauthorized access to numerous computers
belonging to various departments. These computers, equipped with
internet connectivity and utilized for interstate commerce activities, are
now implicated in a serious violation of the Computer Fraud and Abuse
Act (CFAA). This lapse in oversight not only jeopardizes the security of
sensitive information but also poses significant legal risks for the
organization.
ECPA: The Chief Information Security Officer (CISO) neglected a
critical responsibility by not ensuring that the IT Security Analyst,
assigned to monitor the Applications Division, was effectively
conducting thorough audits. This oversight allowed the Division to
continue using user accounts that belonged to former employees, which
should have been promptly deactivated upon their departure.
Consequently, this lapse in security measures potentially enabled the
Applications Division to gain unauthorized access to these accounts,
granting them the ability to operate and manipulate data associated with
stored electronic communications. Such actions pose a significant risk to
information security and represent a clear violation of the Electronic
Communications Privacy Act (ECPA).