Texas requires PI license to work on PC

[2ffat]

It's true. Texas now requires computer repair techs to get a PI license.


James P. Cottingham
-----------------------------------------
^{I'm number 1,229!
I'm number 1,229!}

 

[LawnBoy]

It appears the law applies to those performing forensics, not basic repair.


--
The stagehand's axiom: "Never lift what you can drag, never drag what you can roll, never roll what you can leave.

 

[kjv1611]

Well, if you look at the link on the article, "Dallas-Fort Worth CW affiliate", you'll see this quote:

The Institute for Justice, a legal advocacy group for entrepreneurs, informed Rife last month of a Texas state law requiring computer repair shops to have a private investigator's license to fix computers.

The institute filed a lawsuit Thursday against the Texas Private Security Board claiming that the law is unconstitutional.

According to the law passed in the 2007 Texas legislative session, the private investigator's license is required for repair technicians to analyze their customers' computer data. This analysis is common for business managers who wish to track their employees' computer usage or families who want to find out where their children or spouses have been online, said Matt Miller, executive director of the institute.

And quoting from the linked law:

(a) Unless the person holds a license as a security services
contractor, a person may not:
(1) act as an alarm systems company, armored car
company, courier company, guard company, [or] guard dog company,
locksmith company, or private security consultant company;

That seems that it is left purposefully vague.

And further down:

(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.

So, to some extent, that could be interpreted for computer repair that includes data security analysis and such: the examples in the "affiliate" interview are quite common.

And also, a person receiving the service can get in trouble as well?

So basically it seems that a 3rd party would have to know about the activity and turn in the service provider and recipient.

It sounds like just another law to get on the books, so they can use it if they so choose; and leaving parts of it so vague leaves it open to debate, and thus opportunity for use in situations we wouldn't think possible.

I've personally already been concerned, thinking about this one - or at least similar ideas. For instance, with all the "privacy laws" out there in our day, it would seem you almost would have to give a privacy policy and privacy notice just to do computer repairs. Well, at least I've not heard of that one being true yet - but it's in the back of my mind that it could one day be required.

--

"If to err is human, then I must be some kind of human!" -Me

 

[LawnBoy]

The analysis mentioned in your first quote appears to me to be forensics (maybe not formal law-enforcement evidence gathering, but forensics none the less) but yeah, that looks like something the courts will have to clarify. Glad I'm not in Texas and don't have to worry about it yet.

It's odd that you mention it, but I've seen repair shops that do hand out a privacy policy.

--
The stagehand's axiom: "Never lift what you can drag, never drag what you can roll, never roll what you can leave.

 

[chiph]

How much you want to bet that this law is the result of a legislator taking his PC in for repair, and having the tech tell him "Into the naughty S&M sites, are we?"

Chip H.


____________________________________________________________________
www.chipholland.com

 

[mrdenny]

Here's a nice review of what's going on.

http://www.networkperformancedaily.com/2008/07/texas_private_investigation_se_1.html

Denny
MCSA (2003) / MCDBA (SQL 2000)
MCTS (SQL 2005 / Microsoft Windows SharePoint Services 3.0: Configuration / Microsoft Office SharePoint Server 2007: Configuration)
MCITP Database Administrator (SQL 2005) / Database Developer (SQL 2005)

My Blog

 

[2ffat]

Virginia and several other states are similarly looking at doing the same.



James P. Cottingham
-----------------------------------------
^{I'm number 1,229!
I'm number 1,229!}

 

[LawnBoy]

Great link, Denny. I particularly like this line:

It may be absurd, but absurdity is not unconstitutional.

--
The stagehand's axiom: "Never lift what you can drag, never drag what you can roll, never roll what you can leave.

 

[mrdenny]

Yeah, that would have to be one of my favorite lines in the article.

Denny
MCSA (2003) / MCDBA (SQL 2000)
MCTS (SQL 2005 / Microsoft Windows SharePoint Services 3.0: Configuration / Microsoft Office SharePoint Server 2007: Configuration)
MCITP Database Administrator (SQL 2005) / Database Developer (SQL 2005)

My Blog

 

[Glenn9999]

I'm sure this law will be fixed, but the problem is that many computer repair tech jobs cross the line into data surveillance as well either purposefully or inadvertently. As a commenter in the original article wrote, how do you handle the line that this draws when it comes to a spyware infestation and discovering that it's because the husband is downloading porn? Or for other states (I don't know how TX is), how does this mesh with the "must report" laws that are on the books regarding computer data?

----------
Measurement is not management.

 

[2ffat]

how does this mesh with the "must report" laws that are on the books...

I've been wondering about this myself. I can see some shyster lawyer getting a judge to through out his clients child porn or abuse case because the person who developed his pictures and turned him in didn't have a PI license, or the teacher at school who turned him in didn't have a PI license.

Soon everyone who reports on anyone will have to have a PI license in order to comply with the law and that will invalidate the purpose of the law. Sounds like a snake eating its own tail.



James P. Cottingham
-----------------------------------------
^{I'm number 1,229!
I'm number 1,229!}

 

[kjv1611]

It's a beautiful day in the neighborhood..."


neighborhood aka U.S.A. legal system (federal, state, local, you name it).

I know our own county council (at least some of them) wanted to pass local laws/regulations that would specifically make it easier for wealthy people to live in our county, and more difficult for poorer people. I know that specifically from a councilman who of course wholeheartedly voted AGAINST that whole idea. I don't remember the details, but it's a scary thought.

His point was basically that the legislation would have made it difficult on young couples just starting out, and trying to buy their first home. And it was pretty obvious/plain.

--

"If to err is human, then I must be some kind of human!" -Me

 

[LawnBoy]

On a different track, anybody know what it takes to get a PI license? I smell money... "Don't worry, Mr. Prospective Employer, I'm fully licensed from the state and well worth the double salary I'm insisting on. You'll know you're legally covered regardless of how the law is interpreted."

Is it $50 and a 20 question multiple choice exam, or does it actually require study and effort?


--
The stagehand's axiom: "Never lift what you can drag, never drag what you can roll, never roll what you can leave.

 

[kjv1611]

If I read it right, it sounds like you have to get a "degree" in it OR be an apprentice for 3 years with a private investigator, and THEN you can apply for the license. But hopefully I misread it. 'Cause I'm with you, Lawnboy, about going ahead and getting one if it's cheap/simple.

--

"If to err is human, then I must be some kind of human!" -Me