Ride the Lightning

COMPUTER REPAIRMEN: DON’T MESS WITH TEXAS!

July 2, 2008

As readers of this blog know, I go ballistic when states require computer forensics technologists to get PI licenses. These two disciplines are apples and oranges. I’ve no objection to the licensing, so long as it is carefully thought out and not protectionist, but computer forensics bears only the most tenuous relationship to private investigation. Texas has long been in my crosshairs for having such a law, but apparently the law is even more ridiculous than I thought.

According to the Institute for Justice, the Texas law would place many functions normally associated with computer repair under the PI law, requiring IT professionals to shut down, get a criminal justice degree, or complete a three-year apprenticeship under a licensed PI. If the government deems any of their actions to be part of an “investigation,” violators are subject to criminal penalties of up to one year in jail and a $4,000 fine, in addition to civil penalties of up to $10,000. So an IT person being asked to investigate a security breach, which will inevitably result in the collection of electronic evidence, now must hold a PI license. Ditto if they are asked to review the e-mail of someone suspected of sexual harassment. There are so many things IT companies do that could be construed as an “investigation” that the law becomes simply silly on its face.

I salute the Institute of Justice for filing suit against the Texas Private Security Board, which regulates PIs (and apparently, non PIs as well). Hey guys, love your lawsuit, but how about adding computer forensic technologists to your list of plaintiffs?

Going to Texas? Bring your passport and get your shots. It’s a whole other country.

Further information is available at http://www.ij.org/first_amendment/tx_computer_repair/index.html

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