TABLE OF CONTENTS by Bryan Cunningham
This appendix provides an overview of a number of legal issues faced by information security evaluation professionals and their customers. Hopefully, it will alert readers to the issues on which they should consult qualified legal counsel experienced in information security law. This appendix, however, does not, and cannot, provide any legal advice or counsel to its readers. Readers should not, under any circumstances, purport to rely on anything in this appendix as legal advice. Likewise, following any of the suggestions in this appendix does not create an advice-of-counsel defense to regulatory or law enforcement action or to civil [2] legal claims. Readers involved in information security are strongly urged to retain qualified, experienced legal counsel.
You have watched the scene hundreds of times. The buttoned-down, by-the-book police lieutenant and the tough-as-nails, throw-out-the-rules-to-save-lives detective debate in front of the police chief. A child is kidnapped and the clock is ticking; a murder is about to be committed and the judge will not issue a warrant. The world-weary police chief has to make a split-second decision. Is there a way to live within the law but save the child? How does the police chief balance the duty to protect the people of the city with fealty to the rulebook? Is there a creative way to do both? On television, this scene usually happens in an aging, shabby, police headquarters office furnished with Styrofoam cups of stale coffee, full...
