REGULATORY AND GUIDANCE DOCUMENTS

 

Federal Laws     Website

Though many Federal laws mandate specific requirements for the protection of sensitive information

and systems, the following serve as the basis of most departmental security guidance.

 

a. 5 U.S.C. 552a, 552a Note, The Privacy Act of 1974: Establishes standards and safeguards for the

collection, maintenance, or disclosure of an individual's personal information by Federal agencies and

grants an individual access to the records that require confidential treatment.

 

b. 5 U.S.C. 552, 552 Notes, Freedom of Information Act of 1974: Establishes procedures under which

an individual can obtain records in the possession of the Federal government while enabling the

government to protect records that require confidential treatment.

 

c. 15 U.S.C. 271 Note, 272, 278 g-3, 278 g-4, 278 h, 40 U.S.C. 759, 759 Notes, 40 U.S.C. 1441 Note,

The Computer Security Act of 1987: Creates a means for establishing minimum acceptable security

practices for federally owned/operated computer systems.

 

d. 18 U.S.C. 1030, 1001 Note, The Computer Fraud and Abuse Act of 1986: Establishes specific

protection for fraud and related activities in connection with Federal computers. Such offenses

include intentionally accessing a Federal Interest Computer without authorization and (1) obtaining

anything of value (including data), (2) preventing authorized use, or (3) altering information.

 

e. 18 U.S.C. 1367, 2232, 2510, 2510 Notes, 2511 to 2521, 2701, 2701 Note, 2702 to 2711, 3117, 3121

Note, 3122 to 3127, Electronic Communications Privacy Act of 1986: Defines the circumstances

and conditions under which the interception of wire and oral communications may be authorized,

prohibits any unauthorized interception of such communications, and defines the use of the contents

thereof in evidence in courts and administrative proceedings.

 

f. The Provider Exception, 18 U.S.C. § 2511(2)(a)(i): Defines the exceptions to the wiretap rule for

providers and system administrators.

 

g. 31 U.S.C. 1105, 1113, 3512, Federal Managers Financial Integrity Act of 1982: Requires that

agency internal control systems be periodically evaluated and that the heads of executive agencies

report annually on their systems' status.

 

h. 40 U.S.C. 1401, The Clinger-Cohen Act of 1996: Establishes the Chief Information Officer, and

assigns responsibilities related to Information Technologies (IT) system management including

development and monitoring of IT programs.

 

i. 44 U.S.C. 2101 et. seq., 2501 et. seq., 2701 et. seq., 2901 et. seq., 3101 et. seq., 44 U.S.C. 2103,

2108, 2111, 2112, 2901, 2902, 2904, 2906, 2907, 3102, 3103, 3107, 3301, 3302, Federal Records

Management Acts: Require establishment of standards and procedures to ensure effective records

creation, use, maintenance, and disposal.

  

j. 44 U.S.C. Chapter 35, The Paperwork Reduction Act of 1995: Establishes the requirement to

minimize the paperwork burden for individuals, small businesses, educational and nonprofit

institutions, Federal contractors, State, local and tribal governments, and other persons resulting from

the collection of information by or for the Federal Government.

 

The Electronic Communications Privacy Act

The Electronic Communications Privacy Act (ECPA) of 1986 was adopted to address the legal privacy issues

that were evolving with the growing use of computers and other new innovations in electronic communications.

 

        a. Summary of ECPA

 

The Patriot Act

The Patriot Act, 2001, updated many sections of US Code.  The main section that applies to computer crime is referenced

as the Field Guidance on New Authorities That Relate to Computer Crime and Electronic Evidence

 

        a. Summary of the Patriot Act

 

 

Executive Orders     Website

 

a. Executive Order 10450, “Security Requirements for Government Employment”, December 28,

1978: Directs the establishment and maintenance, within Government departments and agencies, an

effective program to insure that the employment and retention in employment of any civilian officer

or employee within that department or agency is clearly consistent with the interests of the national

security

 

b. Executive Order 12958, “Classified National Security Information”, April 17, 1995: Prescribes a

uniform system for classifying, safeguarding, and declassifying national security information.

 

c. Executive Order 12968, “Access to Classified Information”, August 4, 1995: Establishes a

uniform Federal personnel security program for employees who will be considered for initial or

continued access to classified information.

 

d. Executive Order 13011, “Federal Information Technology”, July 17, 1996: Establish clear

accountability for information resources management activities by creating agency Chief Information

Officers (CIOs) with the visibility and management responsibilities necessary to advise the agency

head on the design, development, and implementation of those information systems.

 

e. The Clinton Administration’s Policy on Critical Infrastructure Protection: Presidential Decision

Directive 63 (PDD 63), May 1998: Establishes policy relating to assignment of responsibilities for

the protection of critical infrastructure, including planning and management of assets, especially IT

resources.

 

 

Regulatory Requirements

The following agencies publish more specific guidelines for the implementation of the Federal laws. A

list of and applicable guidelines are listed after the promulgating agency below:

 

Office of Management and Budget (OMB)     Website

OMB issues basic Federal policy for automated information systems security.

 

1) OMB Circular A-123, Management Accountability and Control, June 21, 1995: Prescribes

the policies and standards to be followed by executive agencies in establishing and maintaining

internal controls in their programs and administrative activities.

 

2) OMB Circular A-127, Financial Management Systems, July 23, 1993: Prescribes policies and

standards for executive agencies to follow in developing, operating, evaluating, and reporting on

financial management systems.

 

3) OMB Circular A-130 (including all Appendices), Management of Federal Information

Resources, revised February 8, 1996: Establishes policy for the management of Federal

information resources, as well as procedures for information system security.

 

National Institute of Standards and Technology (NIST)     Website

The Computer Security Act of 1987 assigned the responsibility for developing computer

security standards and guidelines for Federal unclassified systems to the National Institute of

Standards and Technology (NIST), while the National Security Agency (NSA) retains the

responsibility for Federal classified systems.

 

1) National Institute of Standards and Technology (NIST) Special Publication (SP) 800-2,

Public Key Cryptography, April 1991: Provides a state-of-the-art survey of public-key

cryptography.

 

2) NIST SP 800-3, Establishing a Computer Security Incident Response Capability, November

1991: Defines a centralized and cost-effective approach to handling computer security incidents.

 

3) NIST SP 800-4, Computer Security Considerations in Federal Procurements: A Guide for

Procurement Initiators, Contracting Officers, and Computer Security Officials, March 1992:

Provides guidance for federal procurement initiators, contracting officers, and computer security

officials on including computer security in acquisitions.

 

4) NIST SP 800-5, Guide to Selection of Anti-Virus Tools and Techniques, December 1992:

Provides criteria for judging the functionality, practicality, and convenience of anti-virus tools.

 

5) NIST SP 800-6, Automated Tools for Testing Computer System Vulnerability, December

1992: Provides guidance on the implementation, selection, utilization, and distribution of

vulnerability testing tools.

 

6) NIST SP 800-7, Security in Open Systems, July 1994: Provides information for the practicing

programmer involved in the development of telecommunications application software, regarding

methodologies for building security into software based on open system platforms.

 

7) NIST SP 800-8, Security Issues in the Database Language SQL, August 1993: Examines the

security functionality that might be required of relational DBMS’s, and compares them with the

requirements and options of the SQL specifications.

 

8) NIST SP 800-9, Good Security Practices for E-Commerce, December 1993: Examines the

security functionality that might be required of e-commerce systems

 

9) NIST SP 800-10, Keeping Your Site Comfortably Secure: An Introduction to Internet

Firewalls, December 1994: Provides a basis of understanding of how firewalls work and the

steps necessary for implementing firewalls. Users can then use this document to assist in

planning or purchasing a firewall.

 

10) NIST SP 800-11, The Impact of the FCC's Open Network Architecture on NS/EP

Telecommunications Security, February 1995: Provides an overview of Open Network

Architecture (ONA), describes National Security and Emergency Preparedness (NS/EP)

telecommunications security concerns, and describes NS/EP telecommunications security

concerns that the FCC’s ONA requirement introduces into the Public Switched Network (PSN).

 

11) NIST SP 800-12, An Introduction to Computer Security: The NIST Handbook, October 1995:

Provides assistance in securing computer-based resources (including hardware, software, and

information) by explaining important concepts, cost considerations, and interrelationships of

security controls. It illustrates the benefits of security controls, the major techniques or

approaches for each control, and important related considerations.

 

12) NIST SP 800-13, Telecommunications Security Guidelines for Telecommunications

Management Network, October 1995: Provides baseline protection measures that government agencies

or commercial organizations can use to safeguard Telecommunication Management Networks (TMN) resources

and counter security threats.

 

13) NIST SP 800-14, General Acceptable Principles and Practices for Securing Information

Technology, June 1996: Provides a baseline that organizations can use to establish and review

their IT security programs, and gain an understanding of the basic security requirements most IT

systems should contain.

 

14) NIST SP 800-15, Minimum Interoperability Specification for PKI Components (MISPC),

Version 1, January 1998: Provides a basis for interoperation between public key infrastructure

(PKI) components from different vendors.

 

15) NIST SP 800-16, Information Technology Training Requirements, March 1998: Establishes

current training requirements for information technology systems.

 

16) NIST SP 800-17, Modes of Operation Validation System (MOVS): Requirements and

Procedures, February 1998: Provides a brief overview of the Data Encryption Standard (DES)

and Skipjack algorithms, and introduces the basic design and configuration of the MOVS.

 

17) NIST SP 800-18, Guide to Developing Security Plans for Information Technology Systems,

December 1998: Provides guidance for the development of IT systems security plans in

compliance with Federal regulations

 

18) NIST SP 800-31, Guide to Intrusion Detection Systems,November 2001:

Provides guidance for the deployment of IDS systems

 

19) NIST SP 800-26, Guide to conducting Security Self-Assessments for Information Technology Systems,

November 2001: Provides guidance for conducting self assessments on IT systems

 

20) NIST SP 800-41, Guidelines on Firewalls and Firewall Policy,

January 2002: Provides guidance for Firewalls and Firewall policy

 

Office of Personnel Management (OPM)     Website

The Computer Security Act of 1987 assigned the responsibility for issuing security training

requirements to the Office of Personnel Management (OPM). OPM also specifies the procedures for

designating sensitive positions and screening the incumbents..

 

1) OPM, 5 CFR, Part 930.302 OPM Training Requirements: Specifies the content of computer

security awareness training for Executives, Program & Functional Managers, IRM, Security &

Audit personnel, ADP Management & Operations personnel and End Users.

 

 

NON-REGULATORY DOCUMENTS

 

Department of Justice (DOJ)          Website

DOJ enforces the law and defends the interests of the United States according to the law, to provide

Federal leadership in preventing and controlling crime, to seek just punishment for those guilty of unlawful

behavior, to administer and enforce the Nation's immigration laws fairly and effectively, and to ensure fair

and impartial administration of justice for all Americans.

 

1) DOJ, Federal Guidelines for searching and seizing computers, July 1994:

Guidelines and legal awareness for seizing and searching computer systems used in the

Act of a crime.

 

2) DOJ, Federal Guidelines for searching and seizing computers - Supplement I, October 1997

 

3) DOJ, Federal Guidelines for searching and seizing computers - Supplement II, January 1999

 

4) DOJ, CCIPS, Searching and Seizing Computers, January 2001:

Computer Crime & Intellectual Property Section (CCIPS) guide for searching and seizing computers

and obtaining electronic evidence in criminal investigations

 

5) DOJ, Banner, Sample Network Logon Banner, August 2001:

A checklist of issues that may be considered when drafting a banner as well as sample banners