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Agenda . Section I ? Cyber Security Event History Largest Cyber Security EventCyber Security breach examplesSection II ? Building an Incident Response ProgramThe need for Incident ResponseThe role of Incident Response in complianceDeveloping an Incident Response programBest PracticesSection
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1. Incident Management and Cyber Security Readiness in 2010 John A. Otte, CISSP, CISA, MSIA
2. Agenda
21. Buzzwords Electronically Stored Information (ESI, rule 26a) is all types of media where digital evidence can be stored.
eDiscovery
Federal Rules for Civil Procedures (FRCP)
Forensics
22. eDiscovery Electronic discovery (also called e-Discovery or eDiscovery) refers to any process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case.
23. Computer Forensics Computer Forensics is the acquisition, preservation and analysis of digital information that meets the requirements of evidence for court presentation.
24. E-discovery vs. Computer Forensics E-discovery is the process of analyzing data that is accessible without the need for additional tools or applications. Whereas, Computer Forensics is the process of analyzing data that can only be accessed with proper training and tools.
E-Discovery involves indexing files, converting documents into “tiff” for similar format, integrating analysis with case management, etc.
Computer forensics involves recovering data, analyzing corrupted files, establishing user profiles, in-depth metadata analysis, chain of custody preservation, fraud analysis, etc.
25. FRCP 101 Defines rules of behavior for discovery
Last major modification Dec 2006
Added ESI to FRCP
Rule 26
ESI Disclosure (a)
Reasonably Accessible & Clawback (b)
Meet & Confer (f)
Redline document
http://www.uscourts.gov/rules/EDiscovery_w_Notes.pdf
26. FRCP Rule 26(a) Requesting party must submit:
Information on people
Information on the ESI
Only information requested is allowed
Meet and confer gotchas:
Must occur 120 days from request
Most lawyers want 30 days to review
Most lawyers wait 30 days to provide
Litigation Holds
27. FRCP Rule 26(b) Identify sources of ESI
Sample information
Validation of sources
Exclusion of sources
Reasons for exclusion:
Not relevant
Excessive burden
Both parties should agree on ESI
Court makes final decision
31. Questions? John A. Otte, CISSP, CISA, MSIA
Director, Strategic Services
FishNet Security
John.Otte@Fishnetsecurity.com
(816) 701-2044
www.fishnetsecurity.com