SSCP Exam Question 516
Within the legal domain what rule is concerned with the legality of how the evidence was gathered ?
Correct Answer: A
Explanation/Reference:
The exclusionary rule mentions that evidence must be gathered legally or it can't be used.
The principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.
The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant's Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be excluded from trial.
The exclusionary rule is a court-made rule. This means that it was created not in statutes passed by legislative bodies but rather by the U.S. Supreme Court. The exclusionary rule applies in federal courts by virtue of the Fourth Amendment. The Court has ruled that it applies in state courts although the due process clause of the Fourteenth Amendment.(The Bill of Rights-the first ten amendments- applies to actions by the federal government. The Fourteenth Amendment, the Court has held, makes most of the protections in the Bill of Rights applicable to actions by the states.) The exclusionary rule has been in existence since the early 1900s. Before the rule was fashioned, any evidence was admissible in a criminal trial if the judge found the evidence to be relevant. The manner in which the evidence had been seized was not an issue. This began to change in 1914, when the U.S.
Supreme Court devised a way to enforce the Fourth Amendment. In Weeks v. United States, 232 U.S.
383, 34 S. Ct. 341, 58 L. Ed. 652 (1914), a federal agent had conducted a warrantless search for evidence of gambling at the home of Fremont Weeks. The evidence seized in the search was used at trial, and Weeks was convicted. On appeal, the Court held that the Fourth Amendment barred the use of evidence secured through a warrantless search. Weeks's conviction was reversed, and thus was born the exclusionary rule.
The best evidence rule concerns limiting potential for alteration. The best evidence rule is a common law rule of evidence which can be traced back at least as far as the 18th century. In Omychund v Barker (1745) 1 Atk, 21, 49; 26 ER 15, 33, Lord Harwicke stated that no evidence was admissible unless it was
"the best that the nature of the case will allow". The general rule is that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists, and is not unavailable due to destruction or other circumstances indicating unavailability.
The rationale for the best evidence rule can be understood from the context in which it arose: in the eighteenth century a copy was usually made by hand by a clerk (or even a litigant). The best evidence rule was predicated on the assumption that, if the original was not produced, there was a significant chance of error or fraud in relying on such a copy.
The hearsay rule concerns computer-generated evidence, which is considered second-hand evidence.
Hearsay is information gathered by one person from another concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of the use of such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally not allowed. This prohibition is called the hearsay rule.
For example, a witness says "Susan told me Tom was in town". Since the witness did not see Tom in town, the statement would be hearsay evidence to the fact that Tom was in town, and not admissible. However, it would be admissible as evidence that Susan said Tom was in town, and on the issue of her knowledge of whether he was in town.
Hearsay evidence has many exception rules. For the purpose of the exam you must be familiar with the business records exception rule to the Hearsay Evidence. The business records created during the ordinary course of business are considered reliable and can usually be brought in under this exception if the proper foundation is laid when the records are introduced into evidence. Depending on which jurisdiction the case is in, either the records custodian or someone with knowledge of the records must lay a foundation for the records. Logs that are collected as part of a document business process being carried at regular interval would fall under this exception. They could be presented in court and not be considered Hearsay.
Investigation rule is a detractor.
Source: ROTHKE, Ben, CISSP CBK Review presentation on domain 9.
and
The FREE Online Law Dictionary at: http://legal-dictionary.thefreedictionary.com/Exclusionary+Rule and
Wikipedia has a nice article on this subject at: http://en.wikipedia.org/wiki/Exclusionary_rule and
http://en.wikipedia.org/wiki/Hearsay_in_United_States_law#Hearsay_exceptions
The exclusionary rule mentions that evidence must be gathered legally or it can't be used.
The principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.
The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant's Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be excluded from trial.
The exclusionary rule is a court-made rule. This means that it was created not in statutes passed by legislative bodies but rather by the U.S. Supreme Court. The exclusionary rule applies in federal courts by virtue of the Fourth Amendment. The Court has ruled that it applies in state courts although the due process clause of the Fourteenth Amendment.(The Bill of Rights-the first ten amendments- applies to actions by the federal government. The Fourteenth Amendment, the Court has held, makes most of the protections in the Bill of Rights applicable to actions by the states.) The exclusionary rule has been in existence since the early 1900s. Before the rule was fashioned, any evidence was admissible in a criminal trial if the judge found the evidence to be relevant. The manner in which the evidence had been seized was not an issue. This began to change in 1914, when the U.S.
Supreme Court devised a way to enforce the Fourth Amendment. In Weeks v. United States, 232 U.S.
383, 34 S. Ct. 341, 58 L. Ed. 652 (1914), a federal agent had conducted a warrantless search for evidence of gambling at the home of Fremont Weeks. The evidence seized in the search was used at trial, and Weeks was convicted. On appeal, the Court held that the Fourth Amendment barred the use of evidence secured through a warrantless search. Weeks's conviction was reversed, and thus was born the exclusionary rule.
The best evidence rule concerns limiting potential for alteration. The best evidence rule is a common law rule of evidence which can be traced back at least as far as the 18th century. In Omychund v Barker (1745) 1 Atk, 21, 49; 26 ER 15, 33, Lord Harwicke stated that no evidence was admissible unless it was
"the best that the nature of the case will allow". The general rule is that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists, and is not unavailable due to destruction or other circumstances indicating unavailability.
The rationale for the best evidence rule can be understood from the context in which it arose: in the eighteenth century a copy was usually made by hand by a clerk (or even a litigant). The best evidence rule was predicated on the assumption that, if the original was not produced, there was a significant chance of error or fraud in relying on such a copy.
The hearsay rule concerns computer-generated evidence, which is considered second-hand evidence.
Hearsay is information gathered by one person from another concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of the use of such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally not allowed. This prohibition is called the hearsay rule.
For example, a witness says "Susan told me Tom was in town". Since the witness did not see Tom in town, the statement would be hearsay evidence to the fact that Tom was in town, and not admissible. However, it would be admissible as evidence that Susan said Tom was in town, and on the issue of her knowledge of whether he was in town.
Hearsay evidence has many exception rules. For the purpose of the exam you must be familiar with the business records exception rule to the Hearsay Evidence. The business records created during the ordinary course of business are considered reliable and can usually be brought in under this exception if the proper foundation is laid when the records are introduced into evidence. Depending on which jurisdiction the case is in, either the records custodian or someone with knowledge of the records must lay a foundation for the records. Logs that are collected as part of a document business process being carried at regular interval would fall under this exception. They could be presented in court and not be considered Hearsay.
Investigation rule is a detractor.
Source: ROTHKE, Ben, CISSP CBK Review presentation on domain 9.
and
The FREE Online Law Dictionary at: http://legal-dictionary.thefreedictionary.com/Exclusionary+Rule and
Wikipedia has a nice article on this subject at: http://en.wikipedia.org/wiki/Exclusionary_rule and
http://en.wikipedia.org/wiki/Hearsay_in_United_States_law#Hearsay_exceptions
SSCP Exam Question 517
Which of the following is TRUE regarding Transmission Control Protocol (TCP) and User Datagram Protocol (UDP)?
Correct Answer: A
TCP is a reliable connection-oriented transport for guaranteed delivery of data.
Protocols represent certain rules and regulations that are essential in order to have data communication between two entities. Internet Protocols work in sending and receiving data packets. This type of communication may be either connection-less or connection-oriented.
In a connection-oriented scenario, an acknowledgement is being received by the sender from the receiver in support of a perfect transfer. Transmission Control Protocol or TCP is such a protocol.
On the other hand, UDP or User Datagram Protocol is of the connection-less type where no feedback is being forwarded to the sender after delivery and the data transfer have taken place or not. Though, it's not a guaranteed method, but, once a connection is established, UDP works much faster than TCP as TCP has to rely on a feedback and accordingly, the entire 3-way handshaking takes place.
The following answers are incorrect:
UDP provides for Error Correction, TCP does not: UDP does not provide for error
correction, while TCP does.
UDP is useful for longer messages, rather than TCP: UDP is useful for shorter messages
due to its connectionless nature.
TCP does not guarantee delivery of data, while UDP does guarantee data delivery: The
opposite is true.
References Used for this question:
http://www.cyberciti.biz/faq/key-differences-between-tcp-and-udp-protocols/
http://www.skullbox.net/tcpudp.php
James's TCP-IP FAQ - Understanding Port Numbers.
Protocols represent certain rules and regulations that are essential in order to have data communication between two entities. Internet Protocols work in sending and receiving data packets. This type of communication may be either connection-less or connection-oriented.
In a connection-oriented scenario, an acknowledgement is being received by the sender from the receiver in support of a perfect transfer. Transmission Control Protocol or TCP is such a protocol.
On the other hand, UDP or User Datagram Protocol is of the connection-less type where no feedback is being forwarded to the sender after delivery and the data transfer have taken place or not. Though, it's not a guaranteed method, but, once a connection is established, UDP works much faster than TCP as TCP has to rely on a feedback and accordingly, the entire 3-way handshaking takes place.
The following answers are incorrect:
UDP provides for Error Correction, TCP does not: UDP does not provide for error
correction, while TCP does.
UDP is useful for longer messages, rather than TCP: UDP is useful for shorter messages
due to its connectionless nature.
TCP does not guarantee delivery of data, while UDP does guarantee data delivery: The
opposite is true.
References Used for this question:
http://www.cyberciti.biz/faq/key-differences-between-tcp-and-udp-protocols/
http://www.skullbox.net/tcpudp.php
James's TCP-IP FAQ - Understanding Port Numbers.
SSCP Exam Question 518
The RSA Algorithm uses which mathematical concept as the basis of its encryption?
Correct Answer: D
Section: Cryptography
Explanation/Reference:
Source: TIPTON, et. al, Official (ISC)2 Guide to the CISSP CBK, 2007 edition, page 254.
And from the RSA web site, http://www.rsa.com/rsalabs/node.asp?id=2214 :
The RSA cryptosystem is a public-key cryptosystem that offers both encryption and digital signatures (authentication). Ronald Rivest, Adi Shamir, and Leonard Adleman developed the RSA system in 1977
[RSA78]; RSA stands for the first letter in each of its inventors' last names.
The RSA algorithm works as follows: take two large primes, p and q, and compute their product n = pq; n is called the modulus. Choose a number, e, less than n and relatively prime to (p-1)(q-1), which means e and (p-
1)(q-1) have no common factors except 1. Find another number d such that (ed - 1) is divisible by (p-1)(q-1).
The values e and d are called the public and private exponents, respectively. The public key is the pair (n, e); the private key is (n, d). The factors p and q may be destroyed or kept with the private key.
It is currently difficult to obtain the private key d from the public key (n, e). However if one could factor n into p and q, then one could obtain the private key d. Thus the security of the RSA system is based on the assumption that factoring is difficult. The discovery of an easy method of factoring would "break" RSA (see Question 3.1.3 and Question 2.3.3).
Here is how the RSA system can be used for encryption and digital signatures (in practice, the actual use is slightly different; see Questions 3.1.7 and 3.1.8):
Encryption
Suppose Alice wants to send a message m to Bob. Alice creates the ciphertext c by exponentiating: c = me mod n, where e and n are Bob's public key. She sends c to Bob. To decrypt, Bob also exponentiates: m = cd mod n; the relationship between e and d ensures that Bob correctly recovers m. Since only Bob knows d, only Bob can decrypt this message.
Digital Signature
Suppose Alice wants to send a message m to Bob in such a way that Bob is assured the message is both authentic, has not been tampered with, and from Alice. Alice creates a digital signature s by exponentiating: s = md mod n, where d and n are Alice's private key. She sends m and s to Bob. To verify the signature, Bob exponentiates and checks that the message m is recovered: m = se mod n, where e and n are Alice's public key.
Thus encryption and authentication take place without any sharing of private keys: each person uses only another's public key or their own private key. Anyone can send an encrypted message or verify a signed message, but only someone in possession of the correct private key can decrypt or sign a message.
Explanation/Reference:
Source: TIPTON, et. al, Official (ISC)2 Guide to the CISSP CBK, 2007 edition, page 254.
And from the RSA web site, http://www.rsa.com/rsalabs/node.asp?id=2214 :
The RSA cryptosystem is a public-key cryptosystem that offers both encryption and digital signatures (authentication). Ronald Rivest, Adi Shamir, and Leonard Adleman developed the RSA system in 1977
[RSA78]; RSA stands for the first letter in each of its inventors' last names.
The RSA algorithm works as follows: take two large primes, p and q, and compute their product n = pq; n is called the modulus. Choose a number, e, less than n and relatively prime to (p-1)(q-1), which means e and (p-
1)(q-1) have no common factors except 1. Find another number d such that (ed - 1) is divisible by (p-1)(q-1).
The values e and d are called the public and private exponents, respectively. The public key is the pair (n, e); the private key is (n, d). The factors p and q may be destroyed or kept with the private key.
It is currently difficult to obtain the private key d from the public key (n, e). However if one could factor n into p and q, then one could obtain the private key d. Thus the security of the RSA system is based on the assumption that factoring is difficult. The discovery of an easy method of factoring would "break" RSA (see Question 3.1.3 and Question 2.3.3).
Here is how the RSA system can be used for encryption and digital signatures (in practice, the actual use is slightly different; see Questions 3.1.7 and 3.1.8):
Encryption
Suppose Alice wants to send a message m to Bob. Alice creates the ciphertext c by exponentiating: c = me mod n, where e and n are Bob's public key. She sends c to Bob. To decrypt, Bob also exponentiates: m = cd mod n; the relationship between e and d ensures that Bob correctly recovers m. Since only Bob knows d, only Bob can decrypt this message.
Digital Signature
Suppose Alice wants to send a message m to Bob in such a way that Bob is assured the message is both authentic, has not been tampered with, and from Alice. Alice creates a digital signature s by exponentiating: s = md mod n, where d and n are Alice's private key. She sends m and s to Bob. To verify the signature, Bob exponentiates and checks that the message m is recovered: m = se mod n, where e and n are Alice's public key.
Thus encryption and authentication take place without any sharing of private keys: each person uses only another's public key or their own private key. Anyone can send an encrypted message or verify a signed message, but only someone in possession of the correct private key can decrypt or sign a message.
SSCP Exam Question 519
:Which of the following is considered the LEAST secure?
Correct Answer: B
The order of classification from highest to lowest is: Sensitive, Confidential, Private, and Public. Review NIST Special Publication 800-26 for more details about information classifications.
SSCP Exam Question 520
Which of the following biometric characteristics cannot be used to uniquely authenticate an individual's identity?
Correct Answer: D
Explanation/Reference:
The following are typical biometric characteristics that are used to uniquely authenticate an individual's identity:
Fingerprints
Retina scans
Iris scans
Facial scans
Palm scans
Hand geometry
Voice
Handwritten signature dynamics
Source: KRUTZ, Ronald L. & VINES, Russel D., The CISSP Prep Guide: Mastering the Ten Domains of Computer Security, 2001, John Wiley & Sons, Page 39.
And: HARRIS, Shon, All-In-One CISSP Certification Exam Guide, McGraw-Hill/Osborne, 2002, chapter 4:
Access Control (pages 127-131).
The following are typical biometric characteristics that are used to uniquely authenticate an individual's identity:
Fingerprints
Retina scans
Iris scans
Facial scans
Palm scans
Hand geometry
Voice
Handwritten signature dynamics
Source: KRUTZ, Ronald L. & VINES, Russel D., The CISSP Prep Guide: Mastering the Ten Domains of Computer Security, 2001, John Wiley & Sons, Page 39.
And: HARRIS, Shon, All-In-One CISSP Certification Exam Guide, McGraw-Hill/Osborne, 2002, chapter 4:
Access Control (pages 127-131).
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