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The class is " Legal Elements of Fraud ." 1. Review the assigned readings for Week 3.( (I have attached all assigned readings) 2. Write a 2-3 paragraph response for each discussion issue below: a....

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The class is "Legal Elements of Fraud."

1. Review the assigned readings for Week 3.( (I have attached all assigned readings)

2. Write a 2-3 paragraph response for each discussion issue below:

a. Should an organization implement computer forensic procedures before or after a fraud is committed? Explain.

b. Discuss how data found on a suspect’s hard drive could be inadmissible as evidence in a court proceeding.

c. Discuss the issues and relevance surrounding email and instant messages as evidence.

d. Discuss Section 802 of the Sarbanes-Oxley Act, Rule 34 of Federal Rules of Civil Procedure, and Rule 26 of the Federal Rules of Discovery as they relate to electronic business records.

e. Discuss four (4) items of good data collection advice to give someone investigating evidence on a suspect’s computer.




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Computer Forensics US-CERT Overview This paper will discuss the need for computer forensics to be practiced in an effective and legal way, outline basic technical issues, and point to references for further reading. It promotes the idea that the competent practice of computer forensics and awareness of applicable laws is essential for today’s networked organizations. This subject is important for managers who need to understand how computer forensics fits as a strategic element in overall organizational computer security. Network administrators and other computer security staff need to understand issues associated with computer forensics. Those who work in corporate governance, legal departments, or IT should find an overview of computer forensics in an organizational context useful. What is Computer Forensics? If you manage or administer information systems and networks, you should understand computer forensics. Forensics is the process of using scientific knowledge for collecting, analyzing, and presenting evidence to the courts. (The word forensics means “to bring to the court.” ) Forensics deals primarily with the recovery and analysis of latent evidence. Latent evidence can take many forms, from fingerprints left on a window to DNA evidence recovered from blood stains to the files on a hard drive. Because computer forensics is a new discipline, there is little standardization and consistency across the courts and industry. As a result, it is not yet recognized as a formal “scientific” discipline. We define computer forensics as the discipline that combines elements of law and computer science to collect and analyze data from computer systems, networks, wireless communications, and storage devices in a way that is admissible as evidence in a court of law. Why is Computer Forensics Important? Adding the ability to practice sound computer forensics will help you ensure the overall integrity and survivability of your...

Answered Same Day Dec 26, 2021

Solution

Robert answered on Dec 26 2021
123 Votes
a) It is essential that an organisation must be proactive rather than reactive. From the past
studies, it has been found that very less number of frauds are registered in the organisation if
they are using computer based foreign procedure in their system. It is because the workforce
of the organisation is aware about the strict functioning of the forensic detection system in
place and therefore, highly reluctant to commit any fraud.
On the other hand, if the organisation is implementing computer forensic procedures
after the commitment of the fraud then there is no benefit to the organisation. It is because the
espective organisation has already been affected by the drawbacks of the committed fraud
and cannot recover the loss. As per the article published by US –CERT, “computer forensics
will help you ensure the overall integrity and survivability of your network infrastructure”.
Therefore, it is pivotal to implement computer forensic procedure before a fraud is committed
in the organisation.
) The inadmissibility of data found on the hard drive of a suspect may arise on account
of mainly two reasons. One reason is the lack of proper documentation. This typically
happens when there is a custody chain which lacks adequate documentation. This leads to
higher suspicion of evidence being tampered either deliberately or accidently (including
interference from electromagnetic...
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