GCFA · Question #245
You are responsible for all computer security at your company. This includes initial investigation into alleged unauthorized activity. Which of the following are possible results of improperly…
The correct answer is A. Your company is sued for defaming the character of an accused party. B. You falsely accuse an innocent employee. C. Your company is unable to pursue the case against a perpetrator. Improperly gathered forensic evidence in a corporate investigation can lead to defamation claims, false accusations of innocent employees, and case dismissal due to inadmissible evidence.
Question
You are responsible for all computer security at your company. This includes initial investigation into alleged unauthorized activity. Which of the following are possible results of improperly gathering forensic evidence in an alleged computer crime by an employee? Each correct answer represents a complete solution. Choose three.
Options
- AYour company is sued for defaming the character of an accused party.
- BYou falsely accuse an innocent employee.
- CYour company is unable to pursue the case against a perpetrator.
- DYou are charged with criminal acts.
How the community answered
(58 responses)- A84% (49)
- D16% (9)
Why each option
Improperly gathered forensic evidence in a corporate investigation can lead to defamation claims, false accusations of innocent employees, and case dismissal due to inadmissible evidence.
Improperly collected forensic evidence that leads to a false accusation can expose the company to civil defamation lawsuits from the wrongfully accused party. Without proper evidentiary support, the company has made a harmful false statement of fact, which is the basis for defamation liability.
Without following proper forensic chain-of-custody and collection procedures, evidence may be misinterpreted or contaminated, resulting in the wrongful accusation of an innocent employee. Proper forensic methodology is required to ensure that conclusions drawn from evidence are reliable and defensible.
Evidence gathered without adhering to proper forensic procedures may be deemed inadmissible in court due to chain-of-custody violations or improper search and seizure practices. This inadmissibility prevents the company from building a legally valid case against the actual perpetrator.
Being charged with criminal acts is not a standard consequence of improperly gathering corporate forensic evidence - improper procedure alone does not constitute criminal conduct by the investigator, and this outcome is not addressed in standard digital forensics guidelines.
Concept tested: Consequences of improper digital forensic evidence collection
Source: https://csrc.nist.gov/publications/detail/sp/800-86/final
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