The Ethical Hacker Network - Private Investigator Licence Required for CF

warquel

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Private Investigator Licence Required for CF

« on: March 16, 2008, 08:36:53 PM »

I was told that Illinois recently made some changes that requires computer forensics that will be used in court to be only done by individuals or companies with private investigator licenses. I can't seem to confirm this through a google search. Has anyone run into this? All I can find is an article from January talking about pending legislation in South Carolina.


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pseud0

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Re: Private Investigator Licence Required for CF

« Reply #1 on: March 17, 2008, 08:08:56 AM »

I don't know about your state, but Michigan made a change similar to this about a year ago and it is really screwing with people. To do computer forensics work you need a specially qualified PI license. If you do work without it then you are committing a felony. It might be hard to get the information you need, but I wouldn't do anything until you find out specifics. You could be taking a big risk if you just assume you are ok.


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JobMatchNow

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Re: Private Investigator Licence Required for CF

« Reply #2 on: May 28, 2008, 02:54:47 PM »

What will this do for the people who dont have private investigator licenses?


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Andrew Waite

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Re: Private Investigator Licence Required for CF

« Reply #3 on: May 29, 2008, 02:02:22 AM »

Quote from: JobMatchNow on May 28, 2008, 02:54:47 PM

What will this do for the people who dont have private investigator licenses?

Quote from: pseud0 on March 17, 2008, 08:08:56 AM

If you do work without it then you are committing a felony.

I'm guessing you have three options:

Get a license
Change career
Get arrested


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Mr. Roboto

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Re: Private Investigator Licence Required for CF

« Reply #4 on: May 29, 2008, 06:02:16 AM »

Another piece of legislation from politicians who really don't know what's going on.


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oneeyedcarmen

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Re: Private Investigator Licence Required for CF

« Reply #5 on: May 29, 2008, 09:34:36 AM »

The funny thing is, in my state to get a PI license you basically only need to fill out an affidavit that you've never been convicted of a felony. Oh, and send the state $250 Wink


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Dengar13

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Re: Private Investigator Licence Required for CF

« Reply #6 on: May 29, 2008, 09:43:20 AM »

Quote from: oneeyedcarmen on May 29, 2008, 09:34:36 AM

The funny thing is, in my state to get a PI license you basically only need to fill out an affidavit that you've never been convicted of a felony. Oh, and send the state $250 Wink

Not surprised at all...anything to make a few bucks!


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oneeyedcarmen

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Re: Private Investigator Licence Required for CF

« Reply #7 on: July 02, 2008, 11:31:52 AM »

Apparently it's not just required for forensics now.

Check out this story out of Texas:

New Texas Law Limits Computer Repair To Licensed Private Investigators

WTF?

How about my PC techs inside the company? Is that next? And all of us watching logs...technically we're investigating!

Think I might just drop the $250 that MD requires and get the license before this spreads. Like herpes.


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Artful Dodger

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Re: Private Investigator Licence Required for CF

« Reply #8 on: July 02, 2008, 11:54:14 AM »

I am completley shocked by this. This makes no sense at so many levels. Unless there is a VERY clearly defined principal of what is an investigation and what is not an ivestigation, it cant really hold up in court. Most of it has to do with who asks you to perform the duty.

Can this leak into corporate life?

this is just crazy.


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oneeyedcarmen

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Re: Private Investigator Licence Required for CF

« Reply #9 on: July 02, 2008, 12:06:57 PM »

According to what I've read so far, there really is no clear definition as to what can be considered an investigation. As to who asked you to perform the duty, if you read to the end of the linked article, you'll see that consumers are subject to the same penalties should they use the services of an unlicensed individual.


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oneeyedcarmen

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Re: Private Investigator Licence Required for CF

« Reply #10 on: July 02, 2008, 12:17:12 PM »

The actual bill is located here.

It's not the easiest thing to read (legalese plus poor formatting), so I'm slowly making my way through it.


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harky

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Re: Private Investigator Licence Required for CF

« Reply #11 on: July 03, 2008, 12:40:33 PM »

Quote from: oneeyedcarmen on July 02, 2008, 12:17:12 PM

The actual bill is located here.

It's not the easiest thing to read (legalese plus poor formatting), so I'm slowly making my way through it.

I just finished reading it (although, i did not investigate references to other, existing portions of law) and i fail to see how a computer repairperson (performing normal, daily repair/installation work) would really fall under this. I also found that it would appear to me that a computer forensics investigator may be exempt (although I think they would have to be a licensed engineer) under

Quote

SECTION 16. Section 1702.324, Occupations Code, as amended
   by Chapters 518, 728, 1102, and 1155, Acts of the 79th Legislature,
   Regular Session, 2005, is amended by reenacting and amending
   Subsection (b) and adding Subsection (c) to read as follows:
     (b) This chapter does not apply to:
     (1) a manufacturer or a manufacturer's authorized
   distributor while selling [who sells] equipment intended for resale
   [and does not perform any other service that requires a license
   under this chapter];
     ...
...
     (6) a licensed engineer practicing engineering or
   directly supervising engineering practice under Chapter 1001,
   including forensic analysis, burglar alarm system engineering, and
   necessary data collection;

Of course I'm not a lawyer, and i don't know that many computer forensics investigators are licensed engineers (being of a computer engineering background, I know that although I could take that route, I have no intention/desire to do so). I'm glad I am not planning on moving to Texas


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