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Pages:
10 pages/≈2750 words
Sources:
7 Sources
Level:
Chicago
Subject:
Law
Type:
Case Study
Language:
English (U.S.)
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Topic:

Potential Investigational 4th Amendment. Potential Attribution (Case Study Sample)

Instructions:

DescriptionFor Weeks 4 and 7, you will be writing papers based upon an ever expanding set of fictional facts, based on how a cybercrime/hacking case might develop in the real-world. First, the company (or someone at the company) discovers the intrusion, it’s reported up to leadership, leadership consults with law enforcement, law enforcement begins its own investigation, and the known facts grow as evidence is gathered, investigative techniques are applied, etc. Importantly, each section’s facts builds upon the previous week’s facts, and thus they are all connected. This means that you may (should) consider/explain your previous analysis in the subsequent paper, where relevant. Moreover, when you come to writing your second paper (for week 7), keep in mind that just as in the real world, the sign of a good investigator/prosecutor is the ability to be flexible, and to question previous conclusions of fact or law, when new evidence illuminates a new trail, or places previous conclusions in a new light. As such, if your conclusions change on a key element since the 1st paper, that is permitted, so long as you point that out and explain the basis for your change.
Each paper should be a total of at least 2500 words, but no more than 3000 words.
Finally, I realize that we all have busy lives and careers, and as such, we all tend to put off digging into a project that’s not due for weeks when we have more pressing deadlines to deal with. Nonetheless, I encourage you to take 15 minutes to read over the assignments early in the semester and make sure you understand them (the specific case facts are appended at the end of this syllabus, as Attachment A). And if you have any questions, I encourage you to ask. I really want you to do well on this and I encourage you to ask questions now, instead of cramming later. Of course, all questions regarding the project can be posted in the “Ask a Peer, Ask your Professor” discussion board, so all can benefit from them.
And if you'd like to shoot me a brief high level outline of how you plan to attack the paper, I'd be happy to look at it and give you some feedback (the feedback would be an informal discussion, and would not include any discussions re: grading, as that will depend solely on you and how your written paper turns out) .
Formatting Guidelines for Papers: Both research papers should consist of:
Section 1: Cover Page (does not count toward page total)—Include the title of the paper, your name, class title and date of submission.
Section 2: Body—Make sure you thoroughly address the stated objectives of the paper. Support your conclusions and arguments.
Section 3: Conclusion—Based on your analysis, what is your final conclusion
Section 4: Bibliography/Endnotes —"References Cited" must be correctly cited. This page does not count toward page total. Need BlueBook citation style

source..
Content:


CASE STUDY
Potential Investigational 4th Amendment, International, and Potential Attribution Issues
Student Name
Course Title
Date
Potential Investigational 4th Amendment, International, and Potential Attribution Issues
In this particular scenario, the organization XYZ is facing major systems security issues, and the company CTO, Jonathan, wants to set up practical system monitoring applications. Agent Paul, who is investigating the matter, determines that there are two separate incidents of system security mishaps at the company, which has caused problems. As a solution, Paul assigns a Computer Analysis and Response Team to handle the situation. Paul also recommends more steps to help solve this particular situation and ensure security stability in this organization. Therefore it is essential to try and make some investigative measures proposed by Agent Paul, and each of these steps will have particular consequences and implications in this entire scenario. He reveals that there were two separate attacks and that the first was an external attack that came from a sophisticated hacker while the second was much less advanced and possibly an insider at the XYZ Corp.[Chua, Hui Na, Anthony Herbland, Siew Fan Wong, and Younghoon Chang. "Compliance to personal data protection principles: A study of how organizations frame privacy policy notices." Telematics and Informatics 34, no. 4 (2017): 157-170.]
Because these were two different hacks, the investigation was split into two to determine the best possible steps to curb this particular problem. The first investigative mechanism includes the use of Computer Analysis and Response Team, which consists of specialized agents who are skilled in dealing with such scenarios. It is crucial to consider the fourth amendment issues concerned with the fourth Amendment implicates the importance of digital privacy, and it reveals the importance of the government obtaining a warrant to collect digital information from an individual or of an organization as well. The 4th Amendment states that '" the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…".[Ibid1]
This particular law reveals that there needs to be a probable cause in the searching for personal information, and there has to be proof of imminent danger and destruction. Agent Paul has set up the Computer Analysis and Response Team to investigate and gather evidence that will help in remediation. This Team will examine digital evidence from the organization and determine how this would be connected to this particular scenario. However, this would mean that the privacy of information at the organization would remain in jeopardy, therefore, leading to uncertain outcomes. The critical concern is whether the confidentiality of data at the XYZ organization would remain compromised. The international law also recognizes the importance of data protection as well as the protection of privacy data for better outcomes. Though several investigative measures have been suggested in this particular scenario, it is imperative to be aware of the risks of these measures on a short and long term scale. There is a considerable chance that the data in the XYZ organization will be exploited, and this may be detrimental to the organization. There is a considerable chance that sophisticated profiling and tracking may be implemented in this scenario, and this can be very risky for the organization, there is a possibility that this may have a devastating impact on the organization.[Perkins, James Andrew, Nicholas D. Thayer, and Corey Adam Cohen. "Privacy preserving cross-organizational data sharing with anonymization filters." U.S. Patent 10,614,248, issued April 7, 2020.]

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