Davey Winder
Wednesday, 02 July 2008 17:47
IT Policy -
Regulation
Page 2 of 3
Mike Rife has managed to operate
AustinPCTech for over ten years without ever feeling
the need to don a trench coat, wear a hat at a jaunty angle and smoke a
cigarette in a shadowy doorway. What he has needed to do, like just
about every other computer repair guy on the planet, is examine files
on the computers he is repairing.
And there lies the rub. According to this new
Texas law, anyone who probes non-public computer files in order to get
information regarding the 'causes of events' and 'actions of persons'
is, quite logically, conducting an investigation.
That is where logic flies out the window and the Texas PSB jumps in.
This state agency is tasked with regulating private investigators,
security guards and bounty hunters in Texas. It says that if you are
conducting an investigation, if you are examining those non-public
files, then quite obviously you are a private investigator. And if you
are a private investigator you need a license.
Of course, getting such a license will put you out of business straight
away. It entails either completing a recognised criminal justice degree
or working alongside an accredited private investigator for a three
year period.
The PSB says that "Computer repair or support services should be aware
that if they offer to perform investigative services... they must be
licensed as investigators."
Could it be that what is really happening here is the private
investigation industry has started to fight back against the Internet?
After all, many of the costly hours spent by an old school private eye
getting background information and building a case for a client can now
be achieved in less time, and for a lot less money, by my Aunt Ethel
sitting in front of Google.
Who does the Institute for Justice blame for this barmy bit of legislation? Read on to find out...
CONTINUED