PC Magazine writes: “It’s a typical Monday morning, except after you saunter into the office sipping Starbucks, the door flies open behind you and a flurry of federal badges rush into reception with warrant paperwork. Turns out Elliott in sales has been downloading child pornography. Or maybe Grant in accounting has been skimming a few dollars off every customer bank transfer. Or perhaps Elaine in receivables has been running a long-standing overbilling scheme.”
If this moment is the first time you’ve considered how to respond to a cyber law-enforcement incident, you’re certainly not in the best position. But don’t panic—even a surprised business manager can save the day. Follow these five steps to shield your business from a potential legal disaster.
1. ENFORCE YOUR COMPANY’S EXISTING FAIR USE, DATA RETENTION, AND PRIVACY POLICIES TO THE LETTER. Documents like these aren’t just lawyer fodder. They’re designed to discourage your employees from committing cybercrime in the first place. Every employee must be briefed on these policies and should have easy access to them. Deviating from your policies for any reason sends the wrong message. Stick to your guns.
2. TALK TO A LAWYER—FIRST. Peter Brill of the Brill Legal Group, a New York–based criminal defense firm with eight years of cybercrime experience, says that most corporate law firms today employ at least one attorney familiar with cybercrime. Find out who that lawyer is at the firm you deal with and make him or her your first call after encountering any kind of trouble. It’s a good idea to talk to this attorney before disaster strikes, too, about screening employees (so the company can’t be held negligent) and what the best steps would be in an emergency.
3. DON’T DESTROY THE EVIDENCE. If you’re the one who happens on Elaine’s overbilling scheme, there are two things Brill maintains are paramount: First, don’t destroy anything. Odds are she’s already under investigation somewhere, and if your fingerprints are discovered on a smashed hard disk or a file-deletion audit trail, you’re going to jail right along with her, even if you were just trying to protect your livelihood. Second, remember that your first “crime scene” conversation shouldn’t be with the cops or with Elaine. It’s with your lawyer and only your lawyer.
Read the full article at PC Magazine
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