Dr. Aly, O.
Computer Science
Introduction
The purpose of this discussion is to discuss and analyze the ethics of leaking sensitive information, and methods to prevent such activities. The discussion addresses the methods to prosecute people who do leak sensitive information. Moreover, the discussion address methods to detect these crimes and collect evidence to assist in identifying who leaked the information and in the prosecution of those suspected of committing cybercrime.
Sensitive Data and Data Classification
Sensitive data include any information which is not supposed to be revealed to the public. It can include confidential information, proprietary, protected, or any other types of data which organizations need to protect due to its value to the organization, or to comply with the existing laws and regulation. Data is classified from Class zero to Class 3. Class zero represents the unclassified public information. Class 1 represents sensitive and confidential information that can cause damage. Class 2 represents private and secret information which can cause serious damage. Class 3 represents top secrete which can cause exceptionally grave damage. Figure 1 illustrates this Data Classification from government and non-government perspective, adapted from (Stewart, Chapple, & Gibson, 2015).

Figure 1. Data Classification (Stewart et al., 2015).
Examples of attacks on sensitive information are Sony Attacks which took place in 2014. As cited in (Stewart et al., 2015), the founder of Mandiant stated that “the scope of this attack differ from any we have responded to in the past, as its purpose was to both destroy property and release confidential information to the public. The bottom line is that this was an unparalleled and well-planned crime, carried out by an organized group.” The attackers obtained over 100 TB of data, including full-length versions of unreleased movies, salary information, and internal emails. Some of this data was more valuable to the organization than other data. Thus, security measures must be implemented to mitigate such attacks to obtain any data in Class 1 through Class 3.
The organization must implement various security measures to protect sensitive and confidential data. For instance, emails must be encrypted. The encryption converts cleartext data into scrambled ciphertext and makes it more difficult to read. Sensitive and confidential data must be managed to prevent data breaches. A data breach is an event in which an unauthorized user can view or access sensitive or confidential data. Sensitive and confidential data must be marked as though to be distinguished from other data such as public data (Abernathy & McMillan, 2016; CSA, 2011; Stewart et al., 2015).
Organizations must handle sensitive and confidential data with care. Secure transportation of media through the lifetime of the sensitive data must be implemented. Example of mishandling sensitive information is Ministry of Defense in the United Kingdom which released in 2011 mistakenly classified information on nuclear submarines and sensitive information in response to Freedom of Information requests. They then redacted the classified data by using image-editing software to black it out. However, the damage happened, and the sensitive data was not handled properly. Another example of mishandling sensitive data is the incident by Science Applications International Corporation (SAIC) in 2011 which was a government contractor, who lost control of backup tapes which include personally identifiable information (PII) and protected health information (PHI) for 4.9 million patients. SAIC personnel did not implement HIPAA because this information falls under HIPAA (CSA, 2011; Stewart et al., 2015).
Ethics, Data Leaks, and Criminal Act Investigation
Data leaks is a criminal activity which requires investigation. For the criminal investigation, law enforcement personnel conduct such investigation to investigate the alleged violation of criminal law. The criminal investigations may result in charging suspects with a crime and the prosecution of those charges in criminal court. Most criminal cases must meet the “beyond a reasonable doubt” standard of evidence. The prosecution must demonstrate that the defendant committed the crime by presenting the fact of which there are no other logical conclusions. Thus, criminal investigations must follow very strict evidence collection and preservation processes. Moreover, with respect to healthcare and the application of HIPAA, the regulatory investigation can be conducted by government agencies to investigate the violation of regulations such as HIPAA (CSA, 2011; Stewart et al., 2015).
The prosecuting attorney must provide sufficient evidence to prove the guilt of the person who conducted such act before it is allowed in the court. The evidence is required before the case is allowed in the court. There are three basic types of evidence for the case to be allowed in the court. These three types are called “admissible evidence” to enter the court. The evidence must be relevant to determining a fact. The evidence must be material to the case. The evidence must be competent; meaning must be obtained legally. Evidence can be real evidence, documentary evidence, and testimonial evidence (Stewart et al., 2015).
Forensic Procedures and Evidence Collection
The International Organization on Computer Evidence (IOCE) outlines six principles to guide digital evidence technicians as they perform media analysis, network analysis, and software analysis in the pursuit of forensically recovered evidence. The first principle indicates that all of the general forensic and procedural principles must be applied when dealing with digital evidence. The second principle indicates that actions taken should not change that evidence upon seizing the digital evidence. The third principle indicates that person should be trained for the purpose when it is required for a person to access original digital evidence. The fourth principle indicates that all activities relating to the seizure, access, storage, or transfer of digital evidence must be fully documented, preserved, and available for review. The fifth principle indicates that an individual is responsible for all actions taken concerning digital evidence while the digital evidence is in their possession. The last principle indicates that any agency that is responsible for seizing, accessing, storing, or transferring digital evidence is responsible for compliance with these principles (Stewart et al., 2015).
The various forensic analysis is conducted when sensitive data is leaked. Media analysis involves the identification and extraction f information from storage media including magnetic media, optical media, and memory such as RAM, solid-state storage. Network analysis involves activities which took place over the network during a security incident. Network forensic analysis often depends on either prior knowledge that an incident is underway or the use of pre-existing security controls which log network activity, including intrusion detection and prevention system logs, network flow data captured by a flow monitoring system, logs from firewalls. Software forensic analysis includes forensic reviews of applications or the activity which takes place within a running application. In some cases, when malicious insiders are suspected, the forensic analysis can include a review of software code, looking for the back door, logic bombs, or other security vulnerabilities. The hardware and embedded devices analysis include the review of the contents of hardware and embedded devices such as personal computers, smartphones, tablets, embedded computers in cars, and other devices (Stewart et al., 2015).
In summary, data can be leaked from insiders as well as from outsiders who can have illegal access to sensitive and confidential information. These acts are criminal acts, and they require evidence to be allowed in the court. Various evidence is required. The various forensic analysis must be conducted to review and analyze the cause of such a leak. Organizations must pay attention not only to an outsider but also to insiders.
References
Abernathy, R., & McMillan, T. (2016). CISSP Cert Guide: Pearson IT Certification.
CSA. (2011). Security guidance for critical areas of focus in cloud computing v2. 1. Cloud Security Alliance, v3.0, 1-76.
Stewart, J., Chapple, M., & Gibson, D. (2015). ISC Official Study Guide. CISSP Security Professional Official Study Guide (7th ed.): Wiley.










