Chapter 16. Legal Prosecution

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A security incident has many legal considerations. The organization's legal department should be notified early in the process so that it can provide input regarding the legal ramifications of various steps taken to protect information resources. The legal department can also provide input into the types of documentation that may be required for future legal action.

Legal recourse can be either criminal or civil. In a criminal prosecution, the value of the time and effort that it takes to restore the system to its initial condition may be a consideration as part of the penalty phase to determine restitution. In a civil case, you will have to itemize damages to be able to recover those damages.

Prosecution of a particular abuse may serve as a deterrent to future abuse. Deterrence may be particularly warranted if the method being used is already generally known by the public. The true value of deterrence is questionable. Many perpetrators act with irrational motives. Few are actually concerned with the chances of being caught, prosecuted, and incarcerated.

Prosecution is very important in deterring hacking. Not only will the hacker be aware that other hackers have been prosecuted for the same activities in which he was planning to participate, but each case helps define the scope of the laws and makes subsequent cases that much easier to prosecute .

Many companies are wary of legal prosecution. They fear the costs in time and personnel that will be involved and the public perception. These fears are not unfounded, but they may be overstated. To help understand the real scope of these fears, the MIS managers and computer security management should contact their company's legal office, if they have one, the local prosecutor's office, or the local law enforcement investigation bureau . Be sure to ask if there is a computer or hi-tech unit.

Getting to know these people before you need them is very useful. You will better understand their processes and procedures and when and how to get them involved. This will help you understand what the impact of prosecution will be on your company.

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