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Follow-up On Texas PI Law For PC Techs
boyko.at.netqos writes "Network Performance Daily has put out an in-depth series on the Texas law that requires private investigator licenses for computer repair techs, network analysts, and other IT professionals. It includes an interview with the author of the law, Texas Rep. Joe Driver, the captain of the Texas Private Security Bureau, RenEarl Bowie, and Matt Miller at the Institute for Justice, which is suing the state over the law. Finally, there's a series summary and editorial."
They haven't made it 3 again?
We can't afford universal health care because imagine the tax dollars that would be spent; but we can pay for this kind of arbitration? And how exactly is having a PI license going to better the situation at hand, which is obviously that tech people can unethically snoop through customers' files? Does having a license magically make this ok? Does it somehow imply an agreement by the customer that their files are open for review, while without a license, this agreement does not exist?
And i hope you are the first customer that gets to pay the extra amount.
There will also be bonding involved too, now that they will be liable. So tack on a few more bucks to your bill.
Oh, and since the IT guy charges more, his customers will have to charge a little more to recoup. So that hair cut goes up. ( among other small business services )
And don't forget the IT guys that cant get bonded due to a shady past but are technically competent who will turn to crime to feed their families.
Still feel good about having the government interfere?
---- Booth was a patriot ----
Read. The. Fucking. Article. A computer tech only has to be a PI if they are searching a computer for evidence of a crime.
It's simple. If you are investigating a network problem and run across a criminal act, then you are not an investigator. If you are suspecting that there is a virus (a criminal act) and are trying to track down who has the virus, you are not an investigator. If you suspect a virus and you are trying to track down the person who created it in order to testify against them in court, then you are an investigator. What is confusing is what we do all the time. We play with words that have specific meanings for us that don't mean the same to all people. "Hacker" vs "cracker" or any of the other examples where the definition and common use don't match up. They mean "investigator" in the sense not of someone who investigates things, but in the sense of investigating suspected criminal activity in order to aid in the prosecution of a person. From the statements of those that made and enforce the law, even sending in your child's computer to have it "investigated" for porn, chat records, browser cache, whatever isn't an investigation. For one, there is no suspected criminal activity. For another, even if found, there is no desire to use that to prosecute them. The person going through the hard drive is not "investigating" the computer, but is instead gathering and passing along data.
However, the law is written such that if "investigation" were to take on the vernacular, then nearly all activities computer-related could be considered investigations. In fact, it could be taken to be as absurd as viewing the "private" page of someone on Myspace would be an investigation and thus a criminal offense. So, there is nothing controversial about the law as currently clarified by those involved in writing and enforcing it, however, with only the change in the definition of a single word to a more common usage of it, it becomes something that makes a large number of regular activities (not even just repair, but just use) illegal without a PI license.
Learn to love Alaska
Follow the links and read the law yourself. The context is PC Techs in the Forensics or Private Security business domains, NOT PC Techs in general. The Geek Squad at Best Buy isn't going to have to get PI Licenses nor is Joe Coder but the techs at Joes PI and Divorce Lawyer Shack would if he ever wants to do any work involving electronic media containing private info. For instance if your wife wants to know the details of your Porn collection as part of the divorce her PI or lawyer would need licensed techs. That's not a bad thing. But it's just going to drive legal costs up which will have an effect (small) on other prices. Reading the law I'm not sure if a corporate internal fraud or forensic techs (to find out about your MP3 collection on the work SAN) or those performing consulting services will need licenses or not. Probaby not as one clause in the license allows work to be supervised by a license holder so that may be the loophole. Just make sure your Chief Security Officer has a PI license. I agree the law needs some clarification but that can be left to the discretion of the court as to what the intent was (risky move) or someone can lobby the Texas legislature to update the law. In the meantime I seriously doubt anyone is going to be rushing to apply the law to everyone who MAY do PC work.
And don't forget the IT guys that cant get bonded due to a shady past but are technically competent who will turn to crime to feed their families.
Are you seriously speculating on back alley disk defragmentation? What's next, a poster showing a PC tech laying on the ground with a busted PC next to him, and the phrase "NEVER AGAIN" underneath?
God invented whiskey so the Irish would not rule the world.
Being located in Texas working for an organization as the CSO/CISO with 24+ years experience in the computer industry doing nearly every job including CIO, earned my CISSP/ISSAP/ISSMP in 2000, pro bono work for the Dept of Homeland Security and directing a team of IS, network and infosec professionals, I am concerned about the ramifications of this new law. By one interpretation, my teams would be indemnified while doing their forensics and analysis work if I am licensed as a PI in Texas. Although a burden none of us particularly wants, I began researching what is necessary for the license. From what I have been able to find, I can apply for the license, however it requires a "Company Name and License Number"; basically requiring me to be employed by a licensed investigations company to apply. Additionally, to qualify for a "manager" PI license, I need to maintain supervisory employment with a sponsoring licensed investigations company on a "daily basis" or forfeit my license. So, to act as a manager overseeing the forensic, investigative and analysis activities of my PC techs, network engineers, developers, and certified infosec employees (many of whom are ex-military intelligence), I must hold a Texas manager PI license; however I cannot work for a non-investigative company to maintain that license or even obtain an individual PI license. A legal Mobius loop created by a clueless "insurance salesman" that repeatedly states that the issues this creates are beyond his comprehension running the Texas State committee on law enforcement as a state representative. Very frustrating.
back alley disk defragmentation...
heh, that image cracks me up.
Hooded seller: "You disk is in order, your seektimes should be better"
Hodded buyer: "Thanks man, your a f* lifesaver"
Hodded seller: "if anyone body asks, you don't know me. You mention my name to anyone, we never do business again. Not for malware, or a browser upgrade"
.Even if we disagree with it, if the majority of people want it, then they are correct to legislate it, provided it doesn't violate the State and US Constitutions.
There - I fixed it for you. Majority rule does not mean minority subjugation.
Lodragan Draoidh
The more you explain it, the more I don't understand it. - Mark Twain
I work for one of the many telecom companies along I-75 in Dallas
Sorry but I-75 runs between Michigan and Florida and comes no where near Texas. I've lived in both states and have traveled the whole thing a number of tymes. What's in Dallas maybe something75 but not I-75 ("I" meaning Interstate and part of the interstate highway system).
Falcon
Should there be a Law?