To Prosecute or Not?
One of the classic conflicts in incident response in private organizations is related to the decision of whether to prosecute or not. (In government and quasi-government organizations, the decision is usually much simpler. These organizations have much less leeway, and the decision to prosecute is probably made by a law enforcement agency, an officer of the court, or a senior officer of the agency such as the inspector general.) The decision and the decision-making process have been criticized by both industry organizations and law enforcement agencies.
Law enforcement is often viewed by industry as too quick to prosecute. It is seen as being more interested in completing a high-profile case than in assisting the company ...
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