INVITATION TO CYBERSECURITY 268 10.2.2 The Right to Due Process “No person shall…be deprived of life, liberty, or property, without due process of law.” - Fifth Amendment, United States Bill of Rights The Fifth Amendments provide for the right to due process. The Fifth Amendment’s due process clause is very similar to the Fourteenth Amendment’s, but the Fifth is specific to the federal government whereas the Fourteenth applies to all state governments as well. Due process requires that a person accused of a crime be provided a fair trial. This means in part that they are guaranteed the right to know the crime they are being accused of and the evidence that is being used against them. Additional rights guaranteeing a fair trial are outlined in other Amendments. The Fifth Amendment also protects an individual’s right to not incriminate himself. Incriminate means to provide evidence of a crime. In the cyberspace age, many argue that this means a person cannot be compelled to hand over authentication tokens such as passwords and encryption keys to law enforcement agents. However, interpretations in this area are still maturing. In the modern era, cyberspace significantly intersects most peoples’ lives. Therefore, digital evidence can play a major part in criminal proceedings. Improperly disclosing, ignoring, mishandling, and destroying digital evidence could impact a person’s right to due process. Cybersecurity personnel, especially cyber forensics experts, must treat cyber criminal wrongdoing seriously and handle cyber criminal investigations with the utmost care. Mishandling digital evidence is a serious violation of a person’s rights. They must cooperate fully and diligently in any criminal investigations and make sure they are upholding the rights of the accused as codified in the Fifth and Fourteenth Amendments. 10.2.3 The Right to Privacy “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” - Fourth Amendment, United States Bill of Rights The right to privacy is not explicitly named in the Constitution but it can be inferred from the Fourth Amendment. The Fourth Amendment limits the government’s ability to exercise power over individuals. The Fourth Amendment protects the right to privacy because it prohibits the government, including law enforcement, from general surveillance and from unreasonable intrusions. The following short story will help illustrate how individual privacy rights intersect with cybersecurity...
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