CISSP Practice Question , Security Operations / Legal Investigations (Ethics, Law, and Evidence)
A company’s internal investigation uncovers evidence suggesting that an employee may have stolen trade secrets and transmitted them to a competitor. The security team’s forensic analyst, who is not law enforcement, uses packet capture tools to monitor the suspect’s outbound traffic in real time to confirm the leak. The analyst captures the data and presents it to management, who plan to terminate the employee immediately. From a CISSP and legal standpoint, what is the MOST significant concern with how this evidence was obtained? A. The analyst may have violated wiretapping and privacy laws by monitoring live network traffic without proper authorization. B. The analyst exceeded professional scope by performing forensics on corporate assets without a court order. C. The evidence is invalid because the analyst did not use a certified forensic tool for packet capture. D. The company should have notified law enforcement before beginning the internal investigation.