Yeah, I see that getting struck down in court pretty quick.

Either that or there'll be booming business for computer repair shops just across Texas state borders...

Good old Texas. What would we do without you?

Then why can you be a PI without being a Computer Tech..??

Make you wonder who thought this one up and who voted for it.

What the hell does computer repair have to do with private investigation? This article is seriously lacking in critical detail.

I can almost see the logic, however.

PC Techs are often involved in data and password recovery. They also often see confidential and/or embarrassing data on client PCs, and currently not under any specific industry or legal ethical controls as to how to deal with that data.

However, this law, if it indeed is true and not an internet myth (I'm quite cynical regarding anything I hear like this), is quite bogus, and will either A) get struck down quickly, B) Get re-interpreted to not really require the license in most cases, C) Get ignored by law enforcement except when convenient (See Section: Police State), or D) Will severely harm the high-tech industry in the state.

@Alvin: The problem is that there is very little within the licensing that requires a license holder to hold themselves to any higher moral or ethical standard. There are already computer security and information handling laws in place that deal with unethical snooping, so this law is superfluous from the "protecting customers" point of view.

I'm a plaintiff on this case, and I've written up a series of posts on my work blog. I'll keep it updated with as much as I can divulge as the case progresses.

http://www.citronix.net/blog/

Anybody else think that this law is designed to give law enforcement even more access to any computers that get repaired in texas and to see if laws making it manditory to report any porn or other things of interest to the authorities can pass constitutional muster.

If this is true, it's just another way to take weight off of the government and put it on to the common people.

I have had the unfortunate experience of working in the banking industry and the FEDERAL government has made bank employees pretty much do the same thing.

See BSA/Patriot Act, and you will see that the government is requiring common citizens to do jobs that should be done by police and government agencies.

The sad part is, the bankers aren't getting paid any better for doing this either.

There is a hidden reason. if a private investigator becomes aware of a crime they are requited to document and disclose to appropriate Authority. Example: child porn, documentation for producing drugs, bookey records, records of criminal transactions.

All of apple's tech repair is in Texas... Hello 3 year turn around.

If you discover evidence of a crime of any kind, you are under full authority to document it *already* regardless of being an investigator. Think Crimestoppers hotline, anonymous tips, etc. Why are computer crimes a special case? It would make better sense to have a computer repairer's degree for PI's submitting computer crime data, to insure they have an inkling of what they're even reporting.

I think this story is based on a very erroneous interpretation of this law. Analysis here:

http://www.popehat.com/2008/07/02/pc-repair-two-hundred-dollars-a-day-plus-expenses/

Has anyone else noticed this, from a simple search function using the browser there is only one instance of the word "computer" no instances of the word's information technology (IT) or anything that has to deal with IT other then this one instance of the word, this is the one time it is said:

(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.

sooooooooo The Texas Law that was linked, must not be the correct one, it doesn't say anything along the lines of a Computer Technician requiring a PI license.

I would say this article is "Bunk" and shouldn't be credited

Help is on the way: http://www.ij.org/first_amendment/tx_computer_repair/index.html

The lawsuit and the articles are crap. That is not what the law says and it's not what the Private Security Board has interpreted the law to say. It would be nice to see certain people perform a little more due diligence.

As a retired Texas lawyer of 35 years' experience, certifiably and certified crazy which is not a requirement yet but helps when reading legislation passed by the Texas Legislature, I have read this, actually an amendment to an existing licensing law. Feyek Gorale's post above is correct.

Now will somebody please tell me when it is lawful, and provide citations to state and federal law saying it is lawful, for a Private Investigator or any other private citizen to search or "data-mine" your or my hard drive for non-public information without our express consent? The last time I looked, that was both a state and federal crime, with or without any manner of license, but one not enforced often enough.

Of course there are duties to report crimes, particularly federal crimes and child porn or other child abuse, discovered using our computers, but that is a whole different subject.

These amendments do include some provisions I think are unconstitutional, including one barring anyone ever diagnosed with dissociative identity (multiple personality) disorder, almost always associated with having suffered early childhood sexual abuse, from working as a locksmith or otherwise in the security industry. The same law permits convicted sex offenders to work in such capacities under certain circumstances including having political "suck," something I would raise if challenging the law.

Most occupational licensing laws in Texas and elsewhere are really aimed at protecting the insiders from competition and not at protecting consumers or the public. We even have licensing for various activities which the courts regard as modern voodoo and too unreliable to be mentioned in court.

This new law is ridiculous. It is clearly the result of inadmissible evidence (Somebody must have gotten the O.J. investigation treatment). The government should be reduced starting with the politicians who came up with this piece of legislation. Big business and special interest groups run the government. Is The Texas Association of Licensed Investigators going to benefit from these laws? Or is it just for businesses who specialize in computer forensics who happen to be PI's. So if businesses or home users use products like, PandoraPC.Com or BigBrother.org to record evidence for a case, this information is not admissable unless you use a P.I. Computer Forensics company? Just follow the money.

"Who are the architects behind this?" LET'S VOTE THEM OUT OF OFFICE! Big Brother needs to focus on running the country like a business. Instead, they will turn taxpaying citizens into criminals. I guess bad business is the only thing the government knows how to do. Sure the law is specifically designed for situations where information technology is used in our legal system. I have full confidence in the legal system, "He who has the most money wins." I think the court should determine case by case on admissible evidence provided that guidelines are defined. But let's force all of us in Texas to send hard drives off to some big company for forensic analysis. Even better, let's force this task to be out-sourced abroad in India. So we can spend weeks spelling things out: "Bravo, Uniform, Lima, Lima - Sierra, Hotel, India, Tango."

I propose a new law, "All P.I.'s must have a degree in Electrical & Computer engineering in order to perform computer forensics with an additional 3 years hands on experience in data retrieval." They must also keep memberships current with IEEE and adhere to the IEEE code of ethics. Do you think, "Dog the Bounty Hunter, P.I. plays by the rules to get the job done?"

I guess I can't investigate a customer's computer without an investigation company?

Right !)

This is just another way to put the "Little" guy out of business. It is a BS law and should be shot down immediately. If it is in fact a law aimed at Computer Repair technicians, that would put half, or more, of the smaller computer repair businesses out of business. (Mine included) I am a Sole Proprietor, and as such run the business out of my home. (No, I don't have clients running in and out all day, I go to them and either make the repairs at their home or office, or pick up the system and bring it back and work on it.) I am an honest, hard working Texan and pay my sales taxes on time, or early, and I follow the rules set down by my local city government as to how I may run my business. I got all the necessary permits, paid all my fees and I expect to be able to make an honest living and be a productive member of my community. I provide a much needed service, and I always make sure my clients are happy with my work. And if they are not, I do whatever it takes to make them happy.

So, if they want to enforce this BS law, come on, they will have messed with the wrong person. Because when I feel that I have been unjustly screwed over, I fight harder than my 2 year old Pit Bull! Bring it on Austin! Get your heads out of your asses! Remember, WE elect YOU, not the other way around!

I believe that § 1702.061. GENERAL POWERS AND DUTIES OF COMMISSION. clearly shows that this has NOTHING to do with computer repair companies. That would be beyond their scope of responsibility.

I would say the same for companies focused on disaster recovery of digital information or digital forensics UNLESS, in the course of thier work they discover evidence of a felony as described in § 1702.104. INVESTIGATIONS COMPANY.

Baring discovery of evidence pointing to a felony, the Commission simply has'nt the authority to rule.

Oh and to anyone who thinks that such a ruling by the Commission is doomed to a speedy reversal... this Law went into effect Sep 1, 2007. Speedy and Govt don't mix.

An interview with the author of the bill (Texas State Representative Joe Driver) reveals that it is specifically written only so that those who "Review, analyze, and investigate." "But if someone's just retrieving information and providing information for someone who is going to analyze, to use one of the words, then that's just a regular computer repair person. And those guys are great, they're good at what they do, and we never intended for them to get any kind of license other than have the ability to repair."

The statement is also made that they are working to revise the wording to make it even more precise about who is required to have a PI license and who is not.

So calm down guys, unless you are offering a service to "Review, analyze, and investigate,"
you don't need a PI license!

http://www.networkperformancedaily.com/2008/07/texas_law_requires_pi_licenses.html

ITLabs doesn't have this problem :) http://www.itlab.co.uk