Industry Regulations & Compliance Flashcards

In digital forensics, what does the legal concept of 'proportionality' as established under FRCP Rule 26(b)(1) govern?

Answer: The scope of ESI discovery relative to the needs of the case

FRCP Rule 26(b)(1) limits discovery to ESI that is proportional to the needs of the case, considering factors like importance, amount in controversy, and burden of production.

Which executive order or federal directive requires U.S. federal agencies to adopt the NIST Cybersecurity Framework for managing cybersecurity risk?

Answer: Executive Order 13800

Executive Order 13800 (2017) directed federal agencies to use the NIST Cybersecurity Framework to manage cybersecurity risk across their operations.

Under CIPA (Children's Internet Protection Act), what must schools and libraries do to receive E-rate discounts, which is relevant to forensic investigations of educational institutions?

Answer: Adopt technology protection measures including internet filtering

CIPA requires schools and libraries receiving E-rate funding to implement technology protection measures that block or filter obscene content to protect minors.

When preserving ESI under a litigation hold, what is the examiner's primary obligation regarding the organization's automatic email deletion policies?

Answer: Suspend auto-deletion for potentially relevant data upon notice of litigation

Upon reasonable anticipation of litigation, organizations must suspend routine document destruction policies (including auto-deletion) to preserve potentially relevant ESI.

The Computer Fraud and Abuse Act (CFAA) 18 U.S.C. § 1030 prohibits unauthorized access to protected computers. Which element is most critical to establishing a CFAA violation?

Answer: Access must have been 'without authorization' or 'exceeding authorized access'

The core element of a CFAA violation is accessing a protected computer 'without authorization' or by 'exceeding authorized access,' making this the threshold issue in any CFAA case.

In which scenario would FERPA (Family Educational Rights and Privacy Act) most directly impact a forensic examiner's ability to access student records during an investigation?

Answer: When examining a student's academic records without written consent or valid exception

FERPA protects the privacy of student education records, requiring written consent or a valid legal exception (such as a court order or subpoena) before disclosure to investigators.

Under the EU-U.S. Data Privacy Framework, what is required for U.S. companies to lawfully transfer personal data from the EU for forensic analysis?

Answer: Self-certifying compliance with the framework's data protection principles

Under the EU-U.S. Data Privacy Framework (successor to Privacy Shield), U.S. organizations self-certify to the Department of Commerce that they comply with the framework's data protection principles.