Ride the Lightning

MICHIGAN GETS IT WRONG: COMPUTER FORENSICS AND SAM SPADE

June 25, 2008

How does this keep happening? Michigan has now joined a handful of other states in requiring that computer forensics technologists have PI licenses. It is no surprise that the PI lobby WANTS to horn in on the money in computer forensics, but where are the experts who can/should be testifying before state legislatures telling them how ridiculous these laws are before they get enacted?

You don’t need to be a PI to analyze blood, bullets, or nearly anything else. There is almost no correlation between the two professions. Computer forensics is (or should be) a true science, having nothing whatever to do with the old world detective work of a Sam Spade. Should the profession be licensed? Quite possibly – but not under the PI laws. Moreover, as this sort of work is more and more national and international, inconsistent state laws make no sense whatsoever and are a huge headache for law firms and their clients.

In Michigan, you can now receive up to a four-year prison term and a $25,000 fine for engaging in computer forensics without a PI license. C’mon guys. Did anyone really look at this law and think through the implications?

The unfortunate consequence of these laws is that folks in Michigan no longer have the opportunity to select the expert of their choice anywhere in the country. Moreover, it is very likely that outsiders will seek to collaborate with PIs in Michigan as a “front” to sidestep the law. The whole law smacks of protectionism – and of the power of the PI lobby to enact a law which tries to put a square peg in a round hole.

Silly, dead silly. For the record, if any readers become aware of bills being introduced in a state, please pass the information along – John and I are happy to write (and to get our friends to write) in protest. We are even willing to appear before legislative committees if necessary.

Sidebar note:  I must note the excellent and informative post of my friend Jim Calloway, who picked John’s brain about an inexpensive way to document cell phone contents yesterday and turned the results into a humorous and informative post in one of our favorite blogs, the aptly named Jim Calloway’s Law Practice Tips Blog. The post may be found at http://jimcalloway.typepad.com/lawpracticetips/2008/06/preserving-mobi.html

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