Hacking and attacks are continually on the rise and

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Unformatted text preview: and more dangerous. Hacking and attacks are continually on the rise, and companies are well aware of it. The legal system and law enforcement are behind in their efforts to track down cybercriminals and successfully prosecute them (although they are getting better each year). New technologies to fight many types of attacks are on the way, but a great need still exists for proper laws, policies, and methods in actually catching the perpetrators and making them pay for the damage they cause. This chapter looks at some of these issues. The Many Facets of Cyberlaw Legal issues are very important to companies because a violation of legal commitments can be damaging to a company’s bottom line and its reputation. A company has many ethical and legal responsibilities it is liable for in regard to computer fraud. The more knowledge one has about these responsibilities, the easier it is to stay within the proper boundaries. These issues may fall under laws and regulations pertaining to incident handling, privacy protection, computer abuse, control of evidence, or the ethical conduct expected of companies, their management, and their employees. This is an interesting time for law and technology because technology is changing at an exponential rate. Legislators, judges, law enforcement, and lawyers are behind the eight ball because of their inability to keep up with technological changes in the computing world and the complexity of the issues involved. Law enforcement needs to know how to capture a cybercriminal, properly seize and control evidence, and hand that evidence over to the prosecutorial and defense teams. Both teams must understand what actually took place in a computer crime, how it was carried out, and what legal precedents to use to prove their points in court. Many times, judges and juries are confused by the technology, terms, and concepts used in these types of trials, and laws are not written fast enough to properly punish the guilty cybercriminals. Law enforcement, the court system, and the legal community are definitely experiencing growth pains as they are being pulled into the technology of the...
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