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From Texas, USA Comes A New Law Governing Computer Repair.

Discussion of legislation relating to computer forensics.
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Total Votes: 15

  

Matrix
Member
 

From Texas, USA Comes A New Law Governing Computer Repair.

Post Posted: Jun 27, 08 18:14

It seems that a there is now a law coming out of Texas that mandates that every computer repair technician is required to obtain a private investigator's licence or face a $4,000US fine and one year in jail. Offenders could also face a civil penalty of $10,000US.

According to the news article, consumers could also face the same penalities for knowingly taking their computer to an unlicensed company for repair.

The full story can be found at cw33.trb.com/news/kdaf...6476.story

In case the link fails, here's a copy of the news article:
_____________________________________________________________

New Computer Repair Law Affects Both Company Owners and Consumers
Every repair technician in Texas must have private investigator's license
Licenses are obtained with criminal justice degree or 3 year apprenticeship
Violators can face up to a 4K fine and 1 year in jail


by Pelpina Trip, KDAF33 News at Nine Intern

June 26, 2008

A new Texas law requires every computer repair technician to obtain a private investigator's license. Violators can face a $4,000 fine and one year in jail, as well as a $10,000 civil penalty.

Unlicensed computer shops will have to close down until they obtain a private investigator's license.

A private investigator's license can be obtained by acquiring a criminal justice degree or by getting a three-year apprenticeship under a licensed private investigator.

The new law also impacts consumers. Consumers who knowingly take computers to an unlicensed company for repair can face the same penalties.

Many computer forensics companies in big cities like Dallas and Houston employ licensed investigators. They provide litigation support to large law firms. However, many independent repair companies in other areas do not have a license.

If small computer repair companies are not allowed to repair computers, rural residents may have to ship their computers for repairs at computer forensics companies.
Copyright © 2008, KDAF  
 
  

BitHead
Senior Member
 

Re: From Texas, USA Comes A New Law Governing Computer Repai

Post Posted: Jun 27, 08 18:46

Wow, the Texas PI community must have a pretty powerful lobby. I will be curious to see how they handle call centers. Will everyone in India be required to be a Texas PI before they can assist users with their computer problems? This should get interesting. But it is yet another reason that CF investigators need to organize.  
 
  

gmarshall139
Senior Member
 

Re: From Texas, USA Comes A New Law Governing Computer Repair.

Post Posted: Jun 27, 08 23:14

Wow, what's next.

By the same token appliance repairmen, librarians, auto mechanics, and electricians will have to be licensed as well.
_________________
Greg Marshall, EnCE 
 
  

gmarshall139
Senior Member
 

Re: From Texas, USA Comes A New Law Governing Computer Repair.

Post Posted: Jun 27, 08 23:17

It's being challenged already.

www.ij.org/first_amend..._08pr.html
_________________
Greg Marshall, EnCE 
 
  

u2bigman
Member
 

Re: From Texas, USA Comes A New Law Governing Computer Repai

Post Posted: Aug 02, 08 20:03

- BitHead
Wow, the Texas PI community must have a pretty powerful lobby...


This is for sure. I dealt with the TX PI Board-- or whatever it is called-- when I was recovering judgments. Their arrogance is staggering. I contacted them to enquire about databroker resources... all of which are public companies... and the respondent floored me. "Have your attorney write a letter to the Board. Ask for the authority to conduct such investigations." I pointed out that the judgments were my personal property-- part of the process is to get an assignment thereof-- and that I could do whatever I want with my personal property.

The guy hung up on me.

But... This is a good law. First and least important it does expose the over-reaching of these unelected-- though Pure of Heart-- pseudo-government organs. Think the Bar for another example. Who exactly elects these people yet they have direct influence on people's lives through their "regulations."

But the Big Thing-- and why professional forensics types should support it-- is that this is going to force legislatures to come to grips with some very uncomfortable topics. Such as, what happens if a forensics type encounters CP? Right now in California if the drive is in your possession you are a sex felon. No knowlege? Sucks for you but the law does not require knowledge. Anyone who touches computers in that fair state should at the very least prepare his family for the consequences of Jessica's Law, Megan's Law, the AWA, and any other surprises future politicians can devise.

Keep in mind that prosecutors have essentially zero restraints on their discression. And that their goals are different from yours... they want convictions, period, damn the torpedoes. Also unlike the typical forensics type their funds are unlimited. Even if you prevail-- when facing a 98% conviction rate-- your life is ruined, you are bankrupt, and the stigma is permanent.

Presumably these licensed PI's will have some sort of legislated protection. But there are not many such computer-savy PI's-- believe me, the ones I have encountered will not blind the Unwashed Hoards with the glow of their intelligence-- so soon the entire computer maintenance field will grind to a halt. Which leads directly to the Big Thing as referenced above.

Funny that with all these Medieval punishments the flood of CP is increasing exponentially. Or so I am told.  
 
  

Forensics
Member
 

Re: From Texas, USA Comes A New Law Governing Computer Repair.

Post Posted: Sep 28, 08 21:21

Last week, Sept. 24. the Texas Sunset Commission staff researched information they received at the public hearing of July 17, 2008 and under pressure from a class-action lawsuit, will present revised legislative wording that specifically addresses "computer repair" as not covered under the Texas PI regulations. Do a search for "texas sunset commission" and it will tell you who they are and what they do. And it lists all the departments and regulations that have just changed.  
 

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