Computer Hacking Forensic Investigator (CHFI v10) — Question 415

A large multinational corporation suspects an internal breach of its data center and hires a forensic investigator. The investigator is required to conduct a search on the emails of an employee who is a US citizen, believed to be communicating classified information with a foreign entity. The forensic investigator, while respecting international laws and US privacy laws, should:

Answer options

• A. Utilize the Privacy Act of 1974 to access the individual’s personal records without their written consent
• B. Use the Foreign Intelligence Surveillance Act of 1978 (FISA) to get judicial authorization for electronic surveillance
• C. Refer to the Protect America Act of 2007 to conduct surveillance without a specific warrant on the employee's electronic communication
• D. Apply the provisions under the Cybercrime Act 2001 of Australia to initiate electronic surveillance

Correct answer: B

Explanation

The correct answer is B, as the Foreign Intelligence Surveillance Act of 1978 (FISA) provides a legal framework for obtaining judicial approval for surveillance activities related to national security. Option A is incorrect because the Privacy Act requires consent for accessing personal records. Option C is wrong since the Protect America Act does not allow for surveillance without a warrant in this context. Option D is also incorrect because the Cybercrime Act of 2001 pertains to Australia and is not applicable to US citizens or jurisdiction.