ABSTRACT
This chapter continues building the foundation for cybercrime investigation by discussing some of the basic principles of criminal and civil law. The law is continually evolving, and often new legal issues arising from technology need to be analyzed in the context of established legal principles. Regulations and laws that require certain standards for cybersecurity are another method federal and state governments are using to reduce cybercrime, so it is important to introduce these concepts. Government agencies enforcing cybersecurity and other regulations may use civil litigation to drive compliance. One of the hallmarks of people criminal justice process is the protection of a defendant’s rights throughout the stages of investigation, arrest, charging, prosecution, and sentencing. State and federal criminal statutes usually address similar conduct, so the determination of who will investigate and prosecute is often not related to the statutes, but rather the different priorities and focus of state and federal law enforcement.
