Page 77 - (ISC)² CISSP Certified Information Systems Security Professional Official Study Guide
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human associated with a specific user account was the actual entity
controlling that user account when the undesired action took place.
To have viable accountability, you may need to be able to support your
security decisions and their implementation in a court of law. If you
are unable to legally support your security efforts, then you will be
unlikely to be able to hold a human accountable for actions linked to a
user account. With only a password as authentication, there is
significant room for doubt. Passwords are the least secure form of
authentication, with dozens of different methods available to
compromise them. However, with the use of multifactor
authentication, such as a password, smartcard, and fingerprint scan in
combination, there is very little possibility that any other human could
have compromised the authentication process in order to impersonate
the human responsible for the user account.
Legally Defensible Security
The point of security is to keep bad things from happening while
supporting the occurrence of good things. When bad things do
happen, organizations often desire assistance from law
enforcement and the legal system for compensation. To obtain
legal restitution, you must demonstrate that a crime was
committed, that the suspect committed that crime, and that you
took reasonable efforts to prevent the crime. This means your
organization’s security needs to be legally defensible. If you are
unable to convince a court that your log files are accurate and that
no other person other than the subject could have committed the
crime, you will not obtain restitution. Ultimately, this requires a
complete security solution that has strong multifactor
authentication techniques, solid authorization mechanisms, and
impeccable auditing systems. Additionally, you must show that the
organization complied with all applicable laws and regulations,
that proper warnings and notifications were posted, that both
logical and physical security were not otherwise compromised, and
that there are no other possible reasonable interpretations of the
electronic evidence. This is a fairly challenging standard to meet.

