...Question 1. Wether OB has taken on and breached a fiduciary duty to either, or both of SB and MPL, ultimately depends on the nature of its relationship at any given time with the parties in question. For this I consider the situation with each of the counterparties to OB individually, and throughout the various stages of the financing deal. Relationship with MPL A fiduciary relationship is one of confidence and trust whereby one party assumes particular obligations to act in good faith and not against the interest of another (i.e. counterparty). Fiduciary duty arises automatically when the relationship is one of agent and principal; trustee and beneficiary; director and company; partner and partner; or employer and employee. In its dealings with MPL, OB appears to be primarily engaged in a banker and customer relationship. As this does not fall under any of the categories of relationships specified above, there is no inherent fiduciary relationship. That being said, OB may have assumed a fiduciary capacity under common law, subject to satisfying the conditions arising from the Hospital Products Ltd vs United States Surgical Corporation (1984) 156 CLR 41 case. OB would be a fiduciary to MPL if it can be shown that it was acting in its interest and in a dominant position rendering MPL vulnerable to potential abuse. On the given facts, there is no clear-cut case to suggest that MPL, by virtue of its directors’ expertise, is vulnerable to abuse by the dominant OB. Therefore OB...
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...The Miranda Rights are the most common legal issues that must be observed when conducting an interview or an interrogation. Suspects are presumed innocent until proven guilty, and they have rights that must be respected. Arresting officers must always inform suspects of their alienable rights. Failure to inform the suspect of his or her rights can lead to legal technicalities that can render any information taken during the suspect’s interview or interrogation null and void. The Miranda Rights provides protection based on a person’s Fifth Amendment rights to prevent self-incrimination. There rights are recited to individuals while being taken under custody. These rights are read, “You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning” (Criminal Law, n.d.). A pertinent legal issue associated with security interrogations is the authority to make judgment calls. There had been many debates on interrogation tactics used to elicit a confession from a suspect. The use of torture is a common issue of contention in modern society. The dilemma of whether it is acceptable to use torture to save lives had been debated in courtrooms, senates and public forums with no definite policy set in place. In the interrogations of top Al-Qaida operatives in...
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... an external auditor certified CardSystems Solutions as Payment Card Industry Data Security Standards-(PCI DSS) compliant. What is your assessment of the auditor’s findings? I personally disagreed with the auditors findings. If CardSysytems Solutions per the report were indeed deemed compliant, proper IP firewalls and antivirus programs would have been active as PCI DSS requires a firewall and an up to date anti-virus which CardSystem Solutions did not. 3. Can CardSystems Solutions sue the auditor for not performing his or her tasks and deliverables with accuracy? Do you recommend that CardSystem Solutions pursue this avenue? No. In 2004 they were PCI DSS compliant. At the time of the attack in June of 2005, they were not certified compliant. 4. Who do you think is negligent in this case study and why? CardSystems Solutions have to be considered the negligent party in the case. CardSystems Solutions is a high profiled company that is expected to comply with the regulations and requirements for properly protecting and storing private and secure data. 5. Do the actions of CardSystems Solutions warrant an “unfair trade practice” designation as stated by the FTC? Yes I believe it should 6. What security policies do you recommend to help with monitoring, enforcing, and ensuring PCI DSS compliance? SNMP along with MAC filtering. 7. What security controls and security countermeasures do you recommend for CardSystems Solutions to be in compliance with...
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...Security and Compliance Policy Why is a security and compliance policy important? Businesses would not be in operation without a good security and compliance policy. Businesses need to be able to comply with government and state requirements. Security safeguards employee data, customer data, and business data. Without proper security, a business would compromise the quality of their data. There are several steps to identifying security and compliance procedures. It is necessary to any infrastructure to perform a risk assessment. This identifies any gaps in your infrastructure, classifies what is acceptable risk, and what isn’t. The first step is system characterization. In system characterization, you are identifying system components and their criticality in the environment. Production equipment would have a higher criticality in the event of an outage or virus outbreak versus a test machine which is generally open and does not contain safeguarded information. This process is important and pieces of equipment should be labeled for criticality. Servers need protection in the company, as well as other data center resources such as routers/switches. If a malicious user or rogue user were to interrupt business functionality by gaining access, this is a great risk to business continuity. Threat identification is the next step in a risk assessment. It is important to do port scans, virus scans, and observe permissions in an environment. This helps identify any possible...
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...The Stuxnet Computer Worm: Harbinger of an Emerging Warfare Capability Paul K. Kerr Analyst in Nonproliferation John Rollins Specialist in Terrorism and National Security Catherine A. Theohary Analyst in National Security Policy and Information Operations December 9, 2010 Congressional Research Service 7-5700 www.crs.gov R41524 CRS Report for Congress Prepared for Members and Committees of Congress The Stuxnet Computer Worm: Harbinger of an Emerging Warfare Capability Summary In September 2010, media reports emerged about a new form of cyber attack that appeared to target Iran, although the actual target, if any, is unknown. Through the use of thumb drives in computers that were not connected to the Internet, a malicious software program known as Stuxnet infected computer systems that were used to control the functioning of a nuclear power plant. Once inside the system, Stuxnet had the ability to degrade or destroy the software on which it operated. Although early reports focused on the impact on facilities in Iran, researchers discovered that the program had spread throughout multiple countries worldwide. From the perspective of many national security and technology observers, the emergence of the Stuxnet worm is the type of risk that threatens to cause harm to many activities deemed critical to the basic functioning of modern society. The Stuxnet worm covertly attempts to identify and exploit equipment that controls a nation’s critical infrastructure. A successful...
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...Security Organizations: Goals and Objectives Security companies and organizations develop and establish goals to aid and help them build a profitable and successful long-term business. The security market has a wide variety of activities from physical to information security. Even with the wide variety range, all of the objectives and goals are basically the same from company to company. An important way that a security operation or company establishes goals and objectives is through the relationship that it builds with its' customers. It also meets its goals and standards by the product it puts out to the people who have hired their services. The organizations must also focus on the type of tactics it uses for recruitment, as well as retentions practices to maintain quality employees. A vital element of security operations is confidentiality. Confidentiality is the backbone of security, without it then the operations are not secure. This is crucial for all employees and employers in the field of security due to the nature of the business. There are many legal aspects and issues that deal with organizational security. One of the major legal issues is the fragile information system used within the organizational companies. This could deal with personnel files, company policies, and even financial records dealing with the company or client. There must be preventative measure in place to guarantee the privacy of this information. In regards to this, there must be...
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...Interviews and Interrogations Policy Paper Name SEC/360 Date Instructor In the security and law enforcement industry, interviews and interrogations are a way that officers can gathers facts and information about a situation, incident, or case. For security and law enforcement officers interviews and interrogations play a key role in building and solving cases. This paper will discuss the comparison and contrast between security interviews and security interrogations, the legal issues associated with security interviews and interrogations, and finally a security organization policy on conducting security interviews and interrogations. Interviewing and interrogating suspects are two important but separate vital aspects of collecting information about criminal activity. The difference between an interview and an interrogation is that security professionals conduct interviews, and law enforcement officers can conduct both. When a security officer conducts an interview, the main purpose is to collect information from individuals who may have witnessed a crime. At first, the facts are not known and the individual is not accused of a crime, and the setting is meant to be comfortable and have an open dialogue. With interrogations the goal is to obtain reliable information to provide to the prosecutor and to the judge or jury so they have an accurate account of the crime. The setting of an interrogation is formal and in a controlled environment conducted, only...
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...Ethical and Legal Responsibility of an Organization Chadwick Slaughter Walden University The issue of public policy has changed dramatically over the years and the privacy of consumers has received considerable attention. The evolution of the Internet has produced a number of diverse concerns regarding the issue of confronting consumer protection for both international and domestic consumer privacy. High profile organizations are exposed to many breaches of personal information and puts these particular organizations are at risk of reputational damage and understanding the scope of an organization’s responsibilities for information security professionals is an absolutely essential. IT security professionals play an important roles managing liability for privacy and security risks for an organization in today’s world where hefty reparations can be bestowed to plaintiffs who place lawsuits upon organizations. Damages can range from big to small and can sometimes be retaliatory. Minimizing liability and reduce risks for an organization from physical and electronic threats can be a daunting task for information security specialists. This specialist must thoroughly comprehend the current legal environment, regulations, laws, and stay current with emerging issues regarding the responsibility of securing not only the companies’ vital information, but also consumers and users alike. An organizations responsibility to educate all employees all obligations and the proper use of...
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...|[pic] |Syllabus | | |College of Information Systems & Technology | | |CMGT/582 | | |Security & Ethics | Copyright © 2010, 2009 by University of Phoenix. All rights reserved. Course Description The ethical issues examined in the course include information privacy, accessibility, and ownership from an organizational perspective. Information laws, regulations, and compliance requirements are examined in this course as well as the considerations for creating a safe digital environment within the organization. Policies Faculty and students or learners will be held responsible for understanding and adhering to all policies contained within this syllabus and the following two additional documents: University policies: You must be logged into the student website to view this document. Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies...
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...Viewing Business-Process Security from Different Perspectives Author(s): Gaby Herrmann and Günther Pernul Source: International Journal of Electronic Commerce, Vol. 3, No. 3, Developing the Business Components of the Digital Economy (Spring, 1999), pp. 89-103 Published by: M.E. Sharpe, Inc. Stable URL: http://www.jstor.org/stable/27750897 . Accessed: 31/01/2015 04:15 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . Viewing Business-Process Security fromDifferent Perspectives Gaby Herrmann and G?nther Pernul are crucial success factors inelectronic commerce. ABSTRACT: Security and integrity a framework that includes the securityand integrity This paper offers requirementsof business processes in businessprocess execution. An themodeling and refinement securityand integrity of requirements. High-level security of requirements business processes are viewed fromfivedifferent perspectives. The tasks involved in the different perspectives are described, and the modeling of security re quirements isoutlined by focusingon the example of the legal binding of contracts. KEYWORDS binding, important part of the framework is AND PHRASES: Business process, business-process reengineering, legal semantics. security of markets in recent years, many enterprises Because of the globalization have located their offices and production sites all...
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...A REPORT ON ICT ARCHITECTURE AND SECURITY Prepared for: Justin Debuse Submitted: 31. October 2008 Prepared by: André Nordal Sylte University of the Sunshine Coast Word count: 1665 Executive summary This report, authorised by Justin Debuse in Introduction to ICT, BUS108, looks at ICT architecture and security in an organisation. This report found that the major security threats within an organisation’s ICT are; Cracking into an organisation’s wireless intranet in search for vital corporate information; Former employees accessing wireless intranets and extranets without authorization; Information sent via an extranet could be intercepted in its transit; Viruses and Trojans accidentally downloaded by employees and been spread around the LAN. Solutions to these threats are; WiFi protected access (WPA) password and hide the network; ICTs should be protected with a login screen for the users; To secure an extranet, organisations should use a virtual private network (VPN); Any organisation should provide basic training in how to detect viruses and Trojans. This is a proactive way to prevent an infection in a whole organisation’s LAN. This report also found that the major legal and ethical issues within an organisation’s ICT are; Employee monitored by computer technology and in the building; Privacy on e-mail stored on an organisation’s computer; Illegal and offensive use of an organisation’s...
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...SOCIAL SECURITY ADMINISTRATION Application for a Social Security Card Applying for a Social Security Card is free! USE THIS APPLICATION TO: ● ● ● Apply for an original Social Security card Apply for a replacement Social Security card Change or correct information on your Social Security number record IMPORTANT: You MUST provide a properly completed application and the required evidence before we can process your application. We can only accept original documents or documents certified by the custodian of the original record. Notarized copies or photocopies which have not been certified by the custodian of the record are not acceptable. We will return any documents submitted with your application. For assistance call us at 1-800-772-1213 or visit our website at www.socialsecurity.gov. Original Social Security Card To apply for an original card, you must provide at least two documents to prove age, identity, and U.S. citizenship or current lawful, work-authorized immigration status. If you are not a U.S. citizen and do not have DHS work authorization, you must prove that you have a valid non-work reason for requesting a card. See page 2 for an explanation of acceptable documents. NOTE: If you are age 12 or older and have never received a Social Security number, you must apply in person. Replacement Social Security Card To apply for a replacement card, you must provide one document to prove your identity. If you were born outside the U.S., you must also provide...
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...TFT2 Cyber Law Task 4 Jordan Dombrowski Western Governors University Situation Report It has come to my attention from the security analysts of VL Bank and victims that commercial customers of VL Bank have been involved in identity theft and fraud. Multiple user accounts were created without authorization claiming the identity of our customers. These fake accounts were used to make twenty-nine transfers of $10,000 each, equaling $290,000. The bank transfers were being sent to several U.S. bank accounts of unknown individuals. The U.S. banks involved in the transfers were Bank A in California, Bank B in New York, Bank C in Texas, and Bank D in Florida. After the funds were transferred to one of these banks, the funds were automatically transferred to several international bank accounts located in Romania, Thailand, Moldavia, and China. After further analysis we discovered that the banks affected customers all used computers infected with a keystroke logger virus that collected usernames, passwords, account numbers, personal identification numbers, URL addresses, and digital certificates. The computers infected did not have an anti-virus or security software of any type installed. Additionally, these customers have reported that they have been frequently experiencing spear phishing attacks, which is most likely the way that the keylogging virus software was installed. Finally we concluded that our banks systems have not been breached and no customer data has been...
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...systems for Riordan Manufacturing’s Human Resource and Legal departments. We have done an evaluation of the systems as they are today. The goal has been to identify areas that need improvement. Our suggestions are as follows. Human Resource The present Human Resource Information System (HRIS) was installed in 1992. Here is a short rundown of what the system does: stores employee information (pay rate, hire date etc.), contains separate excel spreadsheets for training/development and job analysis/salary compensation, job openings and resume filing, and employee relations (complaints, grievances etc.) ("HRIS", 2005). Upon review, it is concluded that Riordan Manufacturing is operating on an outdated HRIS. This has at least two disadvantages. First and foremost, the current system has security concerns. Second, the current system is not efficient. A survey of HRIS systems users has shown that lack of efficiency is one of the biggest problems with old HRIS systems, and therefore one of the top priorities in a new system (“Top HRIS challenges,” 2002). Security concerns include the following: employee information changes must be submitted on paper creating a possibility for loose papers with personal information, resumes are stored in multiple unsecured locations, and employee files are kept in multiple unsecured locations. If any personal client information were to leak, Riordan could be engaged in legal difficulties. “If you work in a firm providing financial...
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...Security Organizations The 9/11 incident resulted to the prioritization of security on top of other priorities in many organizations for the purpose of protecting or guarding itself against the occurrence of risks or threats. Security being defined as freedom from risk or danger makes it difficult to measure the attributes that surround its values since it is measured with what did not happen or take place. In the setting of an organization, security can be viewed as the system of service that involves the utilization of people and appropriate tools and an intelligently-designed system of procedures and policies that deter the occurrence of risks or threats that result from personal faults, emergencies, criminal acts, and other disasters (Ortmeier, 2013). Security programs enable organizations or government to identify risks and threats and accordingly enable them to take countermeasures to protect itself. Organizations make use of various tools in formulating its security programs like laws, information technology, investigation, and other methodologies in making sure that frauds are detected, rehabilitation is carried out after every disaster, businesses are in place, trading are not stopped and energies are efficiently utilized after every occurrence of threats and risks. An organization's security program is also designed to protect its information technology and all other forms of violence. It can be said therefore that security programs affect each citizen's daily living...
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