Ride the Lightning

FROM THE MAILBAG: HOW TO REPEAL STATE PI REQUIREMENTS

September 10, 2008

I love the thoughtful e-mails from readers of “Ride the Lightning.” There were several received last week that I want to respond to.

E-mails came in from both Michigan and Texas. Texas appears to be working to repeal the PI licensing requirement, and is well on its way, with the help of the ABA’s recent resolution advising states not to require PI licenses for those performing computer forensics services.

A reader in Michigan wrote to ask how to leverage the ABA opinion and overturn the current law. As many folks are not familiar with the legislative process, there seems to be some confusion. Just because the PI licensing law currently exists doesn’t mean you can’t submit a bill to repeal (some states call it “sunset”) the current law. Find a friendly legislator in Michigan (and every other state where these laws exist) and their staff can help you develop an appropriate bill. This one isn’t rocket science to draft, so you shouldn’t have much of a problem.

Once the bill is introduced in the legislature, it will normally be referred to a committee for action. This is a critical moment, at least in Virginia. It is imperative that you have credible people to speak to the committee members and articulate the reasons why these laws make no sense. Remember, most of the legislators who voted for these bills had no idea what they were really voting for or what the implications of the bill would mean. It is important to stress that companies performing computer forensics services have no objection to appropriate regulation in order to protect the public from those who are unqualified. But computer forensics technologists and private investigators come from two completely different disciplines and need to be regulated separately.

Many bills die in committee, so representation at those meetings is a necessity. Obviously, if the bill makes it to the floor for a vote, you’ve got to make sure all the members of the legislature have received the ABA resolution along with letters/e-mails of support.

The PI lobby is fairly powerful – and we who do computer forensics are for the most part new to the political arena. John and I will travel to any state to testify or to speak to any group of legislators on behalf of the ABA resolutions – just ask.

It is gratifying to see the movement to repeal these laws. As Shakespeare would say, “once more unto the breach dear friends.” Good luck to one and all.

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