Follow-up On Texas PI Law For PC Techs 233
boyko.at.netqos writes "Network Performance Daily has put out an in-depth series on the Texas law that requires private investigator licenses for computer repair techs, network analysts, and other IT professionals. It includes an interview with the author of the law, Texas Rep. Joe Driver, the captain of the Texas Private Security Bureau, RenEarl Bowie, and Matt Miller at the Institute for Justice, which is suing the state over the law. Finally, there's a series summary and editorial."
Re:Should result in a nice price hike (Score:4, Insightful)
And i hope you are the first customer that gets to pay the extra amount.
There will also be bonding involved too, now that they will be liable. So tack on a few more bucks to your bill.
Oh, and since the IT guy charges more, his customers will have to charge a little more to recoup. So that hair cut goes up. ( among other small business services )
And don't forget the IT guys that cant get bonded due to a shady past but are technically competent who will turn to crime to feed their families.
Still feel good about having the government interfere?
Re:Tax Dollars At Work (Score:5, Insightful)
Its not about making things better, its about government control of yet another industry and increased taxes.
Re:Should result in a nice price hike (Score:2, Insightful)
That was the lamest post ever. Yes, some prices will go up.
and what the hell is this:
"And don't forget the IT guys that cant get bonded due to a shady past but are technically competent who will turn to crime to feed their families."
You're like a cornucopia of logical fallacy!
Not that I agree with this particular state law, but there are a lot of places I like the government legislating.
Re:Tax Dollars At Work (Score:4, Insightful)
It doesn't, but the logic is supposed to go along the lines that (just example) if Joe GeekSquad does something dumb with your data, there's bigger repercussions at stake (e.g. Joe GeekSquad loses his bond, faces losing his license and thus his livelihood, etc etc).
Of course, it'll become a complete and utter state-sanctioned racket, just like realtor licensing and Bar (legal) licensing... you have to take certain classes, you have to pass certain tests, etc etc... all of which feeds a little cottage industry designed to teach and help certify (and here we all thought the Boot Camp was dead...)
I'm just curious as to how the frig they're ever going to enforce against those among us who build/support machines owned by family and friends.
Re:Tax Dollars At Work (Score:3, Insightful)
Re:Your Stupidity at Work. (Score:5, Insightful)
I did RTFA. And yes, the law was intended to work that way. Unfortunately, that's not what the law says. And since almost any work on a computer involves investigating data on that computer not accessible to the public (the user's firewall settings, for example, aren't available to the public), any such work falls under the "investigation" part and requires a PI license.
And the law will be enforced based on what it says, not on what anyone thinks it should have said instead.
Re:Your Stupidity at Work. (Score:3, Insightful)
Err, TFA only consists of interviews. If I were a Texan and repaired computers, I don't think I'd want to stake my business on what the legislator said in a news interview, as opposed to the actual letter of the law, [state.tx.us] which quite frankly is very poorly written.
Geekwater Professionals? (Score:1, Insightful)
Wow. That is the most ass-backwards hick thing I've ever heard- and I live in Rural Montana.
Seriously, WTF?
In Texas, do you need a PI license to fix cars? After all, someone might leave sensitive information in the glove box or trunk. Do library workers need a PI license? They have access to a lot of confidential patron records.
Wow. I just can't get over this. I knew there were some real shortbus types in Texas (G.W.) but this takes the cake.
What is an investigation (Score:5, Insightful)
However, the law is written such that if "investigation" were to take on the vernacular, then nearly all activities computer-related could be considered investigations. In fact, it could be taken to be as absurd as viewing the "private" page of someone on Myspace would be an investigation and thus a criminal offense. So, there is nothing controversial about the law as currently clarified by those involved in writing and enforcing it, however, with only the change in the definition of a single word to a more common usage of it, it becomes something that makes a large number of regular activities (not even just repair, but just use) illegal without a PI license.
Re:Should result in a nice price hike (Score:3, Insightful)
Need is a tricky thing.
SOme people believe we need anti- drug laws, others don't.
Some people think the change to allow women to vote was wrong.
I think your question is wrong,, and will always cause a debate.
We need to look at specific legislation and think about it, and debate on that. Even if we disagree with it, if the majority of people want it, then they are correct to legislate it.
Re:Tax Dollars At Work (Score:5, Insightful)
I'm just curious as to how the frig they're ever going to enforce against those among us who build/support machines owned by family and friends.
Selectively.
Re:Tax Dollars At Work (Score:5, Insightful)
Wrong. There's a concept in law whereby you can legally discover something without a warrant, if you were acting lawfully at the time.
Illegal search and seizure is a restriction placed on law enforcement. A licensed investigator is not. They are not bound by restrictions on law enforcement, nor are they bound by client/attorney privilege (unless they're working under the direction of an attorney).
If you're repairing a computer, and had a reasonable reason to look at the files, finding child porn and then reporting it is absolutely appropriate (and required by law).
You might have a case on some type of trespass law if you didn't have reason to look at the files, but it's not a violation of unlawful search.
If you're looking for a stolen document, it's perfectly permissible to find a stolen piano - it's in plain view. If you're looking for a stolen piano, you're going to have a lot of explaining to do if you find a stolen document.
Re:Should result in a nice price hike (Score:3, Insightful)
The majority of the people don't understand the subject, for that matter neither do the legislators.
That holds true for drug laws as well btw.
Re:Should result in a nice price hike (Score:3, Insightful)
The problem is the system. A new guy gets elected and he starts coming up with all sorts of laws. He puts keywords like "child porn", 'terrorist', 'safe', 'protect' that people won't vote against and then his friends add earmarks and riders.
This bullshit will sink us.
Re:Should result in a nice price hike (Score:4, Insightful)
.Even if we disagree with it, if the majority of people want it, then they are correct to legislate it, provided it doesn't violate the State and US Constitutions.
There - I fixed it for you. Majority rule does not mean minority subjugation.
Re:Your Stupidity at Work. (Score:4, Insightful)
And the simple fact that we are expected to take their word for 'how the law will be enforced' is a problem all by it self.
What, really, stops them from saying that it won't affect Joe Geeksquad, and then realising that there is money to be made by licensing every computer geek? I agree, that 'investigator' has a legal meaning that is not what the populus expects, and that this law probably won't be targeting repair geeks. However, if the law is only understandable to those creating it, what makes sure that the people enforcing it also understand it?
Re:Tax Dollars At Work (Score:4, Insightful)
Speaking as an American who generally hates the way things are and likes the way Canadians do things, I can't say that I like this. Wouldn't that be a great justification for an illegal blanket wiretapping program, if it eventually led to the prevention of a terrorist attack?
Re:Tax Dollars At Work (Score:4, Insightful)
I've read the "offending" section and it's clear to me that the law is aimed at requiring computer forensics investigators to have a Private Investigator's license.
In fact this law seems to be a stake in the heart of the RIAA toady Media-Sentry or WTF they call themselves today.