ACE Industry Regulations & Compliance 4

Question 1

In digital forensics, what does the legal concept of 'proportionality' as established under FRCP Rule 26(b)(1) govern?

Accepted Answer

The scope of ESI discovery relative to the needs of the case

Answer

FRCP Rule 26(b)(1) limits discovery to ESI that is proportional to the needs of the case, considering factors like importance, amount in controversy, and burden of production.

Question 2

Which executive order or federal directive requires U.S. federal agencies to adopt the NIST Cybersecurity Framework for managing cybersecurity risk?

Accepted Answer

Executive Order 13800

Answer

Executive Order 13800 (2017) directed federal agencies to use the NIST Cybersecurity Framework to manage cybersecurity risk across their operations.

Question 3

Under CIPA (Children's Internet Protection Act), what must schools and libraries do to receive E-rate discounts, which is relevant to forensic investigations of educational institutions?

Accepted Answer

Adopt technology protection measures including internet filtering

Answer

CIPA requires schools and libraries receiving E-rate funding to implement technology protection measures that block or filter obscene content to protect minors.

Question 4

When preserving ESI under a litigation hold, what is the examiner's primary obligation regarding the organization's automatic email deletion policies?

Accepted Answer

Suspend auto-deletion for potentially relevant data upon notice of litigation

Answer

Upon reasonable anticipation of litigation, organizations must suspend routine document destruction policies (including auto-deletion) to preserve potentially relevant ESI.

Question 5

The Computer Fraud and Abuse Act (CFAA) 18 U.S.C. § 1030 prohibits unauthorized access to protected computers. Which element is most critical to establishing a CFAA violation?

Accepted Answer

Access must have been 'without authorization' or 'exceeding authorized access'

Answer

The core element of a CFAA violation is accessing a protected computer 'without authorization' or by 'exceeding authorized access,' making this the threshold issue in any CFAA case.

(ACE) AccessData Certified Examiner Practice Test

(ACE) AccessData Certified Examiner Practice Test

ACE Industry Regulations & Compliance 4