Naval Postgraduate School
Fall 2007

CS3610: Information Crime, Law and Ethics

Sep 27, 2007

Law, Ethics and Code (FBI Special Agent Kevin Swindon)

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[wiki]

Special Guest: Special Agent Kevin Swindon, FBI

About SA Kevin Swindon

SA Kevin Swindon is an FBI Agent and Computer Forensic Examiner who has worked on recovering data from computers involved in many of the national cases the FBI has investigated recently. His presentation will take students through the entire computer forensic process from acquisition, extraction, data mining, analysis and preparation for use of data in trial. The process will be illustrated through the use of case studies from the Danny Pearl kidnapping investigation, the Dartmouth College murder investigation and the Richard Reed "Shoe Bomber" investigation.

Today's Class

Outline:

Break More things to know: Assignments for next week: Class projects: Project ideas:

Introduction to the Readings

This course is about rules, and what happens when they are broken. But where do the rules that govern our society come from?

At its heart, the law that governs our society is a system of rules that is designed to keep society orderly. In as much as possible we want the law to have some kind of moral standing---to be fair and just, to punish those who do things that we find morally wrong and to reward those who engage in behavior that benefits society. The law doesn't always do that, of course.

We would like to think that our law is designed to encourage ethical behavior. By ethical, we mean behavior that is consistent with some kind of moral system or philosophy. Some of the ethical principles that US society is based upon is articulated in the Declaration of Independence---phrases like "all men are created equal" come to mind. Other ethical standards are frequently left unmentioned---such as our society's approach to revenge, gambling, and the social use of alcohol. A question that continues to be debated in modern American society is whether or not our laws should be based on the ethical standards set forth in the Bible---assuming that people can agree on what those ethical standards actually are, of course.

In this course we'll see that there are many sources of both law and ethical standards when it comes to computers and information technology. Besides US law and regulations, many professional organizations have adopted codes of conduct or ethics. Another source is the actual codes that we run on our computers---they too place limits on what can and cannot be done.

In this class we'll be discussing:

Reading Assignment (finish before class)

Before you start reading Privacy on the Line, it is important to understand who the authors of this book are and their points of view. Both are scientists who previously worked in academia and are now both at Sun Microsystems. Whitfield Diffie is best known as the co-inventor of public key cryptography, Susan Landau is best known for leading the academic opposition to the US Government's retriction of cryptography in the 1990s. Both of the authors have spent years fighting for the freedom of people to use cryptography and other computer-related technologies without regulation or fear or retribution from either government or business. Both have made convincing arguments to policy makers, business leaders, and the American Public. You might therefore conclude that both have an axe to grind, you would probably be right.

On the other hand, as academics, both Diffie and Landau have always tried to convince others of the correctness of their argument through an open and honest discussion of the facts. They feel that their case is best made by presenting the information as they know it---all the information---and allowing readers to come to their own decisions. In a book that is intensely political, they have tried to keep their own politics out of their writing and presentation.

The Introduction of the book sets the stage for the story that will follow. It relates how electronic communication technology has changed the rules regarding privacy and surveillance. But the same could be said for many other areas that we will study in this course. It's possible to readily tell if someone has opened a physical enveope and read it, whereas an electronic mesage can be read without leaving a trace. The same can be said of a store: it's usually easy to tell if a book has been stolen from a physical store, but it can be hard to tell if an e-book has been illegally downloaded. As you read the introduction, look for other similarities between the issue that the authors are addressing and other topics that we will discuss in this course.

Chapter 2 of Privacy on the Line is a primer on cryptoraphy and electronic communciations. This chapter is the longest in the book. You will find that much of this chapter, especially the discussion of ciphers, goes into much more detail than we need for our purposes. Feel free to skim the technical sections, but please make sure that you understand every word that appears in italics.

As you read this book you will see that there are many raised numbers in the text. These numbers link to notes in the back of the book. In most cases the notes contain interesting side comments which will add to your understanding of the material but which would break the flow of the paragraph. Both Diffie and Landau know a lot about this topic---it's practically all they talk about---and they have a lot of interesting but extraneous information that they have put in the back pages. You are not responsible for the information in the notes, but if you don't read them you will be missing some very enjoyable material.

Glance Over

Optional Readings

Each week we will make available optional readings as well. If you find things that you think are interesting, please add them to the wiki!

Reference Material