Understand requirements for investigation types

Objectives:

At the end of this episode, I will be able to:

Understand and apply the recommended guidance to identify the different types of
legal systems & investigation types that exist through your daily practice as an
information security professional.

External Resources:

Understand requirements for investigation types

Investigation Types:

1. Administrative - internal investigations of operational or policy violation

issues

2. Criminal - conducted by law enforcement to verify violation(s) of criminal

law

3. Civil - internal employees and consultants working together on behalf of a

legal team looking to present a case in a civil trial

4. Regulatory - government agency investigation when they believe that

violations have occurred

5. Industry standards - Electronic Discovery (eDiscovery) used to facilitate

the processing of electronic information for disclosure

Electronic Discovery Reference Model (9 steps):

1. Information Governance - ensures information is well organized

2. Identification - locates information covered by a discovery request

3. Preservation - protects discoverable information against deletion and/or

alteration

4. Collection - gathers information centrally for use in the discovery process

5. Processing - screens collected information to filter out unnecessary

information prior to review

6. Review - examination of remaining information to determine what information

needs to be provided to comply with discovery request, and which information
may be protected, and therefore would not be provided

7. Analysis - deep inspection of content & context of remaining information

8. Production - places information into form that can be shared

9. Presentation - displays information to people

BONUS TIME !!!!

What are the types of Legal Systems?

Civil (code law systems)
- system of law used in continental Europe
- rule based law (not precedence based)
- focused on codified or written laws
- most widespread legal system in the world

Common law
- developed in England
- based on previous interpretation of laws
- it reflects the communities morals and expectations
- uses judges and juries to decide cases

Subtypes of common law systems:

Criminal
- based on common law, statutory law, or a combination of both
- addresses behavior considered harmful to society
- punishment usually involves loss of freedom or monetary fines

Civil / tort
- under civil law the defendant owes a legal duty to the victim
- the defendants breach of that duty causes injury to the victim

Other types of law systems:

Administrative (regulatory law)

- laws created by administrative agencies
- innocent until proven guilty

Customary law
- based on traditions and customs
- restitution is commonly in the form of monetary fine or service

Religious law
- rather than creating laws, scholars and lawmakers attempt to discover the
truth of the law

Mixed law systems

- two or more of the previous systems mixed together