PC Repair In Texas Now Requires a PI License
JohnnyNapalm writes "In some shocking news out of Texas, PC repair will now require a PI License. Surely this stands to have a substantial impact on small repair shops around the state if upheld. Never fear, however, as the first counter-suit has already been filed."
Unfortunately, the Slaughterhouse Cases already determined that a state-run cartel can push out individuals not meeting specific criteria.
Such a right to "sustain ones life through labor" simply does not exist at the Federal level... Now, they are pushing this under the Texas constitution, and I don't know for sure what the Texas constitution says about it, however likely, just like Louisiana, they probably don't guarentee a person's right to work in a particular field.
We require licenses of many different professions, doctors, medical professionals, accountants even. Sorry, but unfortunately, saying "I have plenty of happy customers that are willing to have me repair their computers" doesn't justify this anymore than a doctor practicing medicine without a license can say "but they're totally accepting of my care, even though I'm unlicensed."
I hate to say this, but these people probably don't have a single leg to stand on legally, because this has all been through the courts before... of course, I could be wrong, and things could change. But I don't expect it to.
If Texas ruled you had the right to do any work between two knowing and consenting adults, then that would lead to situations potentially opening the way to prostitution (which I don't think should be illegal) or circumvention of licensing standards for other professions. Why do I need government permission to be a cop? I can pull over anyone I want, and by telling me that I can't, the government is making me unable to sustain my life through the labor of my choosing.
I think the biggest issue here, is that police and other criminology people are concerned that if a computer tech stumbles across illegal information on a computer, that since they are not a licensed private investigator, the evidence cannot in any way be used. Even if say, it's for a child-pornography case. "Your evidence was siezed improperly, sorry, but it's excluded, next time do things the right way!"
WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
Don't know what the PIs are thinking. This is still Texas. They push too hard they'll get an applied lesson in You Don't Fuck with Another Man's Livelihood 101.
Not that someone disgruntled couldn't try to make a case out of it...
Or some DA who wants to look "tough on crime" in anticipation of running for office.
And while I don't want to sound insulting, Texas isn't known for the discretion of their prosecutors or integrity of their police / crime labs.
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According to this wouldn't it be illegal for a network admin to do forensic research on a security breach? At the very least it seems it would make any evidence found inadmissible in court.
The state of Texas may be re-assured that its geeks are PIs, but I think many ordinary customers would be more inclined to hire a non-PI.
Seems to me that being a non-PI-repair-guy would be a selling point as having a PI license emphasizes that the geek is there to snoop, not to fix.
Speaking as someone who does not have a PI license, thanks Tx.
Nullius in verba
All this means is in order for Geek Squad (or anyone) to perform forensic data recovery for example, on behalf of your local PD, or even a PI, the Geek Squad technician would also need a PI license.
No. Shit. It would be an obvious loophole otherwise.
Every computer repair person in the damned state doesn't qualify under (a)(1), sorry pcmag/slashdot. It doesn't take a lawyer to understand this, but you DO have to have more than a 5th grade reading level to backtrack from (b) to (a)(1) I guess. Besides, your shit is "public" as soon as you hand your PC to the repair person. This is not some sinister, evil law, douche bags.
Sec. 1702.104. INVESTIGATIONS COMPANY.
(a) A person acts as an investigations company for the purposes of this chapter if the person:
(1) engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to:
(A) crime or wrongs done or threatened against a state or the United States;
(B) the identity, habits, business, occupation,knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;
(C) the location, disposition, or recovery of lost or stolen property; or
(D) the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property;
(2) engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee;
(3) engages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity; or
(4) engages in the business of protecting, or accepts employment to protect, an individual from bodily harm through the use of a personal protection officer.
(b) For purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.
And please stop posting news of new laws that are obviously not reviewed by real lawyers or people who can fucking read at least. PLEASE.
Yes ... "(b) For purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.
Looks like it's aimed at "computer security" consultants, not repair firms.
Do they investigate systems from out of state? If anyone has sent in Apple laptop in for AppleCare service they send it a repair depot in Houston, TX or Memphis, TN so what if someone in New York sent in a Apple laptop to the Houston, TX depot what will happen?
Similar to Dell which has an repair depot in Texas also.
A bunch of interesting and scary questions for those who send equipment across state lines for repair.
I've noticed that many people who preach a lot about liberty, gun rights, due process, the rule of law and the government having a monopoly on force are curiously quick to defend the use of lethal force in defense of properties (typically valuable enough to already be insured) that the self-appointed defender may not even own. The not-too-subtle romanticisation of having a free pass to shoot someone is unnerving. I think people should be able to own guns, but I also think you've got some serious self-examination to do if you believe it's moral to execute people because they have stolen something or aren't documented as citizens.
I am a contractor that operates outside the box, almost a vigilante. I cannot name what software I use or I would be easily identified. I do not engage in corp espionage but this law would stop me in my tracks if I were to ever have stepped foot in Texas.
Good! You have no right to snoop around other people's computers, even if you think you're doing it for a noble cause. (Which you aren't, by the way -- if you really wanted to help people, you'd go after the ones creating these images in the first place.)
I hope to turn in many more.
And I hope that when your vigilante game finally lands you in prison, you'll meet up with some of your victims.
Visual IRC: Fast. Powerful. Free.
Who crapped on Louisiana's legal system? I just said the law there is different and you really can't make assumptions.
"red haired bastard stepchild" doesn't always mean bad.
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Like all state licensing, the purpose of this measure is to interfere with the market for the benefit of the businesses who are greasing the legislators in question. It has fuck-all to do with quality control or public safety.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
There's a difference. MediaSentry are doing investigative work. PC Repair techs are doing repair work. It's slashdot, so we need a car analogy--would you demand that a automobile mechanic have a PI license so that they can properly handle any potential evidence found in the car during routine repairs?
I don't really understand why they want this. For one thing, if you require technicians to be PI's they are more likely to go snooping around in someone's computer in the first place. So, this thing is a double edge sword. I don't trust the government with security related legislation anyway. And esp nowadays with all the ridiculous security nonsense pervaded by the whitehouse and by congress (both parties it seems). Oh well, this is what you get from politicians it seems.
So...ignoring the headline and considering the actual law - does this affect the folks doing RIAA's investigations? It sounds (from my uninformed point fo view) like it's written almost specifically for that sort of situation.
Yes, but society is potentially impacted by generally stupid people making uninformed decisions. Eventually this can come back as a cost to society that the government (which is ultimately you and me) will have to shoulder.
I think it makes sense for skills to be licensed in areas where life and limb are potentially at risk. Structural engineers, doctors, dentists, etc. A bad apple can cause a lot of damage to a person's physical wellbeing and I think it's reasonable for the state to ensure that people practicing these skills are qualified to do so.
Plumbing? Pretty much the worst that can happen is you flood your basement. PC repair? Maybe you get a computer virus or your computer still doesn't work. These aren't generally things that are a matter of personal or public safety so I don't think they merit being licensed.
So, my plan is to instruct every babysitter in the fine art of forensic psychology. That way they can utilize their access to the children under their care and be able to tell when a child's been abused and report the parents to the proper authorities. Unlike busting people for having child porn (note: this is in no way an endorsement of child porn) this will actually directly prevent the harming of a child, and the training involved will improve the child care the babysitter provides.
It's a win-win. Unlike forcing pc repair people to become PIs which will result in more arrests and do almost zippy-do-da for the children who have been harmed.
I'm circulating a petition. I'm hopeful.
Texas law is the worst in the nation. A man who kills two escaping burglars (who didn't even rob his house, it was his neighbor's stuff being taken) in cold blood by shooting them in the back gets off scot free (even after telling the police dispatcher he was going to kill them, and being ordered to stay inside), patent trolls rule the courts (most of these companies file suit solely in Texas because it's so friendly to them), and now you can't even fix a computer without yet another layer of certification, this time for a completely unrelated subject. Texas needs to stop being so backwards and making our whole country look bad. Texas: You're the reason I can't talk to a European without some disparaging comment being made about my nationality. Stop it, you bastards.
Even if this information was found in the normal course of fixing the computer, this evidence would be "illegal" to have been found by anyone other than a registered PI -- and anyone reporting it would be de-facto "admitting" they'd broken the law by "conducting a search".
So, if your TV repairman sees evidence that you have a meth lab, he's not allowed to report it?
Never confuse movement with action. --Hemingway
...the problem being that the law requires licensing saying you know how to do P.I. work, but no actual knowledge of computers is required.