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Cyber Security - the Laws that Govern Incident Response - page 6 / 38

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2a. Monitoring During an Incident; Law Enforcement’s Role

Procedural laws in the U.S. are designed to assist law enforcement in conducting investigations, securing evidence and tracking criminals

These laws are set up using a type of hierarchy

requiring different types of approvals depending upon the intrusiveness of the information being sought

for example reading the content of someone’s E-mail is more invasive than merely looking at the path the E-mail took to be delivered to that person

therefore securing the right to read E-mail content requires greater legal process, and a higher burden of proof on the part of a prosecutor, than securing the right to read the path that an E-mail took

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