Task 1:
Introduction:
The Applications Division faces severe legal and cybersecurity issues, as shown in the TechFite case study. Addressing compliance with cybersecurity policies, procedures, and applicable laws requires a thorough legal analysis, an integral element of the inquiry. Laws such as the Sarbanes-Oxley Act (SOX), the Electronic Communications Privacy Act (ECPA), the Computer Fraud and Abuse Act (CFAA), and the responsibility of due care will all be examined.
Legal Obligations for Compliance:
Legislation about computer fraud and abuse (CFAA) and electronic communications privacy (ECPA):
Regarding the purported wrongdoing at TechFite, the CFAA and the ECPA are applicable. The ECPA governs the interception of electronic communications, while the CFAA forbids unauthorized access to computer systems.
The perpetrators were BI Unit employees who broke the CFAA by gaining access to sensitive internal departments. The ECPA also has concerns about the interception of communications through phony accounts.
Cases in law, rules, or regulations:
Legal severe consequences may result from a failure to secure sensitive data adequately. Precedents such as the Target data breach case, privacy legislation, and data protection laws are three pertinent legal considerations.
Companies must secure customer data according to data protection regulations like the GDPR. Litigation may ensue if adequate cybersecurity measures are not implemented.
Companies can be held accountable for failing to secure client data according to the precedent set by the Target case.
Prudence Obedience:
Having a duty to use reasonable care to prevent injury to others is essential. There was a failure to separate client information, which violated the responsibility to protect sensitive data, and TechFite did not exercise reasonable care in this matter.
The BI Unit’s cybersecurity procedures are not being monitored or enforced.
Code of Ethics for Business Owners and Controllers (SOX):
SOX is relevant because it guarantees accurate financial information and requires internal controls for financial reporting.
Concerns regarding financial transparency and compliance with SOX are raised by the case study’s dubious clientele (Bebop Software, FGH Research Group, Dazzling Comet Software) and the possibility of off-the-books payments.
B: Legal Systems:
Participation in Criminal Acts: a. Victims and Actors:
The perpetrators, obtaining access without authorization, are BI Unit personnel. Internal departments and possibly leaked client information are among the victims.
Malfunctioning Prevention: Inadequate supervision, insufficient segmentation, and a lack of access controls rendered existing cybersecurity procedures useless in preventing illicit activities.
Careless Actions:
Players and Casualties:
TechFite, and the BI Unit, in particular, is careless. Customers, internal divisions, and impacted businesses are all considered victims.
Inadequate Policy Enforcement, Weak Internal Controls, and Lack of Client Information Segregation All Contributed to the Prevention of Negligent Practices.
C: Summary of Legal Compliance
In conclusion, TechFite faces legal obstacles related to financial transparency issues, negligence, possible invasions of privacy, and unauthorized access. In light of these legal considerations, the organization must respond promptly.
Communicating in a Business Setting:
There is coherence and clarity in the presentation of the legal analysis because of the format. Complex legal issues are communicated using professional jargon. The document follows all formatting and grammar rules.
The legal analysis concludes that TechFite must immediately fill any holes in its compliance with applicable laws, strengthen its cybersecurity procedures, and take remedial action to reduce the likelihood of legal trouble and protect its credibility and good name.
Task 2:
Dealing with Cybersecurity-Related Ethical Concerns:
Principles or Requirements for Ethics:
It is critical to consider well-established norms and standards in information security while dealing with TechFite’s ethical concerns. Maintaining privacy, honesty, and accessibility are all fundamental moral norms. A sound information security management system would follow guidelines like ISO/IEC 27001, which the organization should follow. Client data is treated with the utmost care and responsibility, as these standards provide a framework to safeguard sensitive information. This approach is justified. Clients’ confidence in TechFite to manage their confidential data is jeopardized when these standards are violated (Proença & Borbinha, 2018).
Recognizing Unethical Conduct:
People in the Applications Division have acted unethically, proving TechFite’s unethical behaviors. Some examples of these practices include making fake user accounts to get unauthorized access, failing to implement division of roles and least privilege, and acquiring sensitive information without authorization. The head of the Applications Division, Carl Jaspers, and the IT security analyst, Nadia Johnson, are heavily involved in encouraging these immoral behaviors. Questions about favoritism are raised by Jaspers’ favorable influence on Johnson’s career, despite potential conflicts of interest, adding to the unethical climate.
Causes of A Lack of Compliance with Ethical Standards:
There are several reasons why TechFite employees could be more ethical. Unchecked activities might occur due to the need for more specialized internal monitoring, particularly inside the Business Intelligence (BI) Unit. Unethical behavior flourishes in this setting because of lax regulations for protecting customer information, administrative rights on every workstation, and a need to separate roles. Another factor that could lead to conflicts of interest and undermine objectivity is the lack of procedures that forbid IT security workers from having personal connections with those they supervise.
B: Addressing Issues and Raising Security Awareness:
Policies for the Protection of Information:
Among the most critical information security procedures that may have averted or mitigated the illegal conduct are:
- A policy of “segregation of duties,” which states that no person or group should have unrestricted access to confidential information, is in place.
- Client Data Segregation Policy: Creating procedures to separate client data to stop unauthorized people from sharing or accessing it.
- Program for Security Awareness Training and Education (SATE):
- Communication: The SATE program will be disseminated regularly through internal communication channels, training sessions, workshops, and educational materials.
- Justification: The program is relevant because it promotes a culture of accountability, teaches employees the necessity of data protection, and teaches them the repercussions of unethical behavior. It resolves the highlighted problems by helping people comprehend the significance of ethical limits and how they affect the company (Donnelly, 2013).
Section C. Executive Summary:
At the moment, TechFite’s Applications Division is dealing with serious ethical violations. Some unethical practices made possible by some individuals include financial irregularities, mismanagement of client data, and improper access to sensitive information. Strong information security measures, including segregation of duties and client data segregation, must be implemented to deal with these problems. Furthermore, future breaches will be less likely due to a culture of ethical responsibility instilled among employees through a comprehensive Security Awareness Training and Education program.
Part D. Crediting the Work:
This response was crafted using data from the TechFite Case Study, which was used to examine and resolve the ethical dilemmas. All references and in-text citations have been properly inserted to give credit where credit is due.
References.
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Donnelly, P. F. (2013). Physical activity, health and wellness levels amongst adults in Northern Ireland. Sheffield Hallam University (United Kingdom).
Fonseca-Herrera, O. A., Rojas, A. E., & Florez, H. (2021). A model of an information security management system based on the NTC-ISO/IEC 27001 standard. IAENG Int. J. Comput. Sci, 48(2), 213-222.
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Proença, D., & Borbinha, J. (2018). Information security management systems maturity model based on ISO/IEC 27001. In Business Information Systems: 21st International Conference, BIS 2018, Berlin, Germany, July 18-20, 2018, Proceedings 21 (pp. 102-114). Springer International Publishing.
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