The Official (ISC)2 CISSP CBK Reference. Aaron Kraus

The Official (ISC)2 CISSP CBK Reference - Aaron Kraus


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by a judge presiding over the trial. Care should be taken to retain original copies of evidence collected by an investigator, and chains of custody should be well documented. Original evidence should never be altered, with very few exceptions, and without direct instructions from counsel who is overseeing an investigation or handling the case. Spoliation of evidence (i.e., altering or destruction of the original) can lead to exclusion of evidence in a case or, in some situations, can lead to a separate lawsuit for the damages resulting from the spoliation.

      If there is uncertainty about the rules surrounding the collection and handling of evidence for a civil lawsuit, consultation with a digital forensic expert or counsel can be helpful.

      Regulatory

      NOTE It is important to understand the (ISC)2 definition of regulations, as it is used in the CISSP CBK. A regulation is not a standard, guideline, or suggestion — it is law, established by a government body. For instance, in the United States, the Environmental Protection Agency (EPA) is part of the federal government; the EPA writes regulations concerning activities that may impact the environment (such as handling hazardous/toxic waste, transportation of certain materials, and so forth). EPA regulations have the force of law: anyone violating these regulations may be prosecuted by the government. Conversely, the PCI-DSS is not a regulation, as defined by (ISC)2; the PCI-DSS is a contractual standard, affecting only those parties that voluntarily choose to comply with it (i.e., merchants that accept credit card payment).

      Government agencies perform regulatory investigations to determine whether sufficient evidence exists to prove some violation of rules or regulations. These agencies have the authority and discretion to decide when to perform investigations. These agencies have their own internal investigators, prosecutors, and courts for their proceedings. Regulators can also demand information from target organizations or utilize audit report data in addition to or instead of performing their own investigations.

      The burden of proof for regulatory investigations is the preponderance of the evidence, and the penalties typically involve fines and injunctions. There are, however, instances where regulators call for referral to criminal law enforcement that may result in prison time.

      Industry Standards

      Investigation is a broad term. There are currently many standards and guidelines offered in this realm, some of which are dependent on the jurisdiction or industry in which the organization operates. This section takes a quick look at some of the most common standards and guidelines that are related to investigations.

      ISO/IEC 27043:2015 recommends procedural steps for conducting security incident investigations. These guidelines cover many incident scenarios from the preparation phase all the way through to the conclusion of the investigation. The scenarios covered include incidents such as data loss or corruption, unauthorized access, and confirmed data breaches.

      ISO/IEC 27037:2012 provides guidelines for handling digital evidence. This is covered through a four-step process of identification, collection, acquisition, and preservation. Evidence collection and handling is covered across many types of media and scenarios, including magnetic and optical storage media, mobile devices, camera systems, standard computers, and collecting network traffic data from network devices. This publication also covers chain of custody procedures and how to properly exchange evidence between jurisdictions.

      NIST SP 800-101 Revision 1, “Guidelines on Mobile Device Forensics,” has a self-explanatory title. It covers the unique requirements for acquiring, preserving, examining, analyzing, and reporting on the digital evidence present on mobile devices. The technical differences associated with mobile devices are discussed, such as differences in memory type and file structure that affect evidence collection. The publication also discusses sensitive areas that may arise when a mobile device is privately owned.

      As you can see from this list of industry standards, evidence management and digital forensics are at the heart of conducting technology-based investigations. Domain 7 of the CISSP CBK covers Security Operations, and we further discuss understanding and complying with investigations in Chapter 7 of this book.

      Although technical security controls like firewalls, encryption, and sophisticated access control mechanisms are incredibly important in maintaining the security of your organization's data, documents such as policies, standards, procedures, and guidelines are the most essential components of an information security program. Each of these documents is different, yet they are closely related and work together to guide your organization's behavior. Figure 1.3 shows the relationship that policies, standards, procedures, and guidelines have with each other.

      Policies

       Acceptable use policy

       Access control policy

       Change management policy

       Remote access policy

       Disaster recover policy

Schematic illustration of the relationship between policies, procedures, standards, and guidelines.

       FIGURE 1.3 Relationship between policies, procedures, standards, and guidelines

      Policies set the foundation for your organization's security program and are typically written to be broad enough to be applicable and relevant for many years. Much like the foundation of a building, security policies should survive long-term and are less likely to change than other documents, although they should be periodically reviewed and updated, as necessary. Standards, procedures, and guidelines are supporting elements that provide specific details to a complement an organization's policies.

      Standards


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