6.3 Types of Laws

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Time
9 hours 48 minutes
Difficulty
Intermediate
CEU/CPE
10
Video Transcription
00:00
now, next little section talks about the types of law. Now, these air us specific so you don't need to get really in depth. There's not a whole lot of the U. S. Laws say this this this in this. But here in the U. S, we generally look at criminal proceedings, civil proceedings, regulatory proceedings,
00:19
and then we also have to make considerations for of intellectual property.
00:24
So if we start in criminal law
00:26
here, we're looking at the burden of proof. If we're going to get a conviction in criminal law or in criminal court, we need to prove beyond a burden of the burden of proof is beyond a reasonable doubt
00:41
Now reasonable doubt. There's a lot of ways reasonable doubt can sneak into the picture. That's why I later when we talk about forensics and we don't get deep into forensics here. But it's so important that we have
00:55
a very clear cut, very precise process for collecting evidence because the the defense is just looking to poke holes in the prosecution's case, and they're all sorts of issues that can bring in reasonable doubt.
01:11
You know, files that aren't timing, that's not synchronized lack of digital signatures,
01:17
lack of physical evidence, lack of proof of the authenticity of material. So we want to be very careful there,
01:26
all right, The reason that the reasonable doubt that's that's a relatively high burden of proof is because if you're convicted in criminal court, you could be fined, certainly, but also jail time and some
01:41
instances that we don't normally associate that with computer crime could be the death penalty way. We start to see espionage or, as we start to see, computers compromise, you know, vehicles, for instance, their navigational systems there acceleration systems
01:59
compromised her computer hack.
02:00
Well, we may see the loss of human life, therefore leading to the death penalty. So because the penalties air so stiff, criminal law has very high burden of proof. Now Civil law simply says the preponderance of evidence is the burden of proof.
02:15
And that's because there's no jail time now their financial damages that will be awarded either to compensate somebody for the actual
02:25
product or item that's lost punitive, sort of as a punishment. And then sometimes there's just a set amount statutory amount for fines. This is where issues like liability, lack of due diligence, and Duke here.
02:44
Those would come the stakeholders, perhaps suing us for failure to protect company assets that would show up in civil court.
02:51
Now with regulatory court this eyes. Sometimes called torque law or administrative law, this area addresses things like kippa basil to Gramm, Leach, Bliley, Sarbanes Oxley and any of those,
03:10
uh,
03:10
laws that are geared towards the ethical and legal management off business operations. You know, Gramm Leach widely focusing on privacy Sarbanes Oxley there to provide corporate or to promote corporate accountability. So those air administrative types of law.
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