Guide for Mapping Types of Information and Information Systems to Security Categories, Volume 2: Appendices
APPENDIX D: IMPACT DETERMINATION FOR MISSION-BASED > D.17 Litigation and Judicial Activities > D.17.3

D.17.3 Legal Investigation Information Type Legal investigation supports activities associated with gathering information about a given party (government agency, citizen, corporation) that would be admissible in a court of law, in an attempt to prove guilt or innocence. The recommended provisional categorization of the legal investigation information type follows: Security Category = {(confidentiality, Moderate), (integrity, Moderate), (availability, Moderate)} The confidentiality impact level is the effect of unauthorized disclosure of legal investigation information on the ability of responsible agencies to gather information about a given party (government agency, citizen, corporation) that would be admissible in a court of law, in an attempt to prove guilt or innocence. Special Factors Affecting Confidentiality Impact Determination: The consequences of unauthorized disclosure of legal investigation information depend 1] on the seriousness of the crime involved, 2] timing (e.g., the ability of the criminal40 to access the information and use it to commit a crime or to evade detection or surveillance), and 3] on the capability criminal to injure witnesses or law enforcement officials. In cases where 1) the crimes are not violent and do not in extraordinarily large property losses, and 2) there is no indication of a record of violence on the part of the criminal, the confidentiality impact may be low or moderate. volve Given the nature of many of the crimes that are the responsibility of Federal law enforcement agencies, the consequences associated with unauthorized disclosure of legal investigation information will pose a threat to human life or result in a loss of major assets. Additionally, when the disclosure concerns matters of multi-national interest, such as trade enforcement, tariff agreements, etc., or where foreign nationals might be involved, the confidentiality impact will be high. Information that reveals the identity and/or location of informants may be of particular concern. Recommended Confidentiality Impact Level: Given potentially serious to severe legal consequences of unauthorized disclosure, the provisional confidentiality impact level recommended for legal investigation information is moderate. not on the time required to detect the modification or destruction of information. The consequences of unauthorized modification or destruction of legal investigation information may depend on whether the information is time-critical. Unauthorized modification or destruction of information affecting external communications associated with legal investigative organizations (e.g., web pages, electronic mail) may adversely affect operations or public confidence in the agency, but the damage to the mission would usually be limited. Where unauthorized modification or destruction of information has an adverse effect on the granting/executing of a search or wiretap warrant or on the success of the subsequent prosecution, a serious adverse effect on agency operations may result. This can place the agency at a significant disadvantage. Special Factors Affecting Integrity Impact Determination: Legal investigation mission requirements may include time-critical information. In such cases, major investigations can be jeopardized by the unauthorized modification or destruction of legal investigation information. Where the criminal case under investigation involves major property losses, large-scale financial frauds, poses a threat to key national assets or human life, the integrity impact level recommended for legal investigation information is high. 40 In this case, the term "criminal entity" includes both the criminal and legal representative(s) of the criminal (i.e., council). When legal investigation information addresses international matters, such as trade enforcement or tariff agreements or when foreign nationals are involved, the integrity level is high. Any deliberate or inadvertent corruption of such information could result in catastrophic adverse effects on future operations, individual or agency reputations, and human life. Recommended Integrity Impact Level: The provisional integrity impact level recommended for legal investigation information is moderate. mission, not on the time required to re-establish access to legal investigation information. Missions supported by legal investigation information are not typically tolerant of delay with resultant serious consequences for ongoing investigations. Special Factors Affecting Availability Impact Determination: Where the crimes involved pose a threat to human life and/or result in a loss of major assets, the availability impact level recommended for legal investigation information is high. Recommended Availability Impact Level: The provisional availability impact level recommended for legal investigation information is moderate.