Texas law requires P.C. techs to get P.I. license and a CJ degree or 3 year apprentic

[techs]

http://cw33.trb.com/news/kdaf-062608...0,486476.story

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.

Unbelievable.
Wait, it's Texas.
That explains it.

[Ferrit]

Dammed happy i dont live there.
Must be spun from the
"Im gonna sue mentality"

[techs]

Dammed happy i dont live there.
Must be spun from the
"Im gonna sue mentality"

I'm thinking the big guys like Staples, Circuit City are behind this.

[NooNoo]

Have you read the law and the article?

The keyword here is if it is deemed to be an "investigation".

The vast majority of repairs cannot in any way be deemed to be an investigation in the sense the law is using.

"Anyone that analyzes computer data has conducted this regulated service and needs a license," Miller said.

So it's not just computer techs, if you are going to interpret this in this way - it's marketing personnel, accountants, sales, well you name it!

Analysis is something we do every time we sit at a computer!

[Niclo Iste]

So I guess next time i go to texas I can't look for a date, a job, or even where to find the license. I'd be breaking the law seeing I'd need to investigate details on those topics. Woohoo! Now we can see a little more into the mind of the "leader of the free world".

[houseisland]

Hmmm... wonder if a trench coat is needed....



Philip Marlowe, A+



____________________________________________



It is my pure and virtuous heart that
gives me the strength of ten!

[slgrieb]

Trench Coats? HAH! This is Texas pardner, so it's leather dusters and cowboy hats! Actually, the law is slightly ambiguous, but I think the intent clearly isn't to require all techs to be licensed investigators for the majority of service work. It certainly isn't happening, and nobody is being prosecuted.

But, of course, there are those "cartels" pushing this plan. Give me a break. Like the Geek Squad is only going to hire techs with investigator's tickets. Are there hundreds of these guys waiting clandestinely? Hidden and just plotting their chance for Total Domination of the service market? The litigation is possibly not one of the Institute for Justice's finer moments.

[NooNoo]

So wait.... slgrieb are you saying this "interpretation" of the law is the interpretation of a single law firm and has never been an issue before? I sure hope the Judge has a sense of humour. The law is quite clearly (to me anyways) about forensic investigation to look for evidence of criminal activity, not investigating what files xyzvirus has corrupted.

[computron99]

I guess I'll have to grow a Tom Selleck mustache if I plan on moving to TX? Magnum P.I. style.

[MobilePCPhysician]

I guess I'll have to grow a Tom Selleck mustache if I plan on moving to TX? Magnum P.I. style.

That would be considered a porn 'stache nowadays...

[Niclo Iste]

I wonder if this will allow me to justify kicking a door in and shoot the offending computer.

[slgrieb]

So wait.... slgrieb are you saying this "interpretation" of the law is the interpretation of a single law firm and has never been an issue before? I sure hope the Judge has a sense of humour. The law is quite clearly (to me anyways) about forensic investigation to look for evidence of criminal activity, not investigating what files xyzvirus has corrupted.

Essentially, that's all correct. The law seems to me to be a bit fuzzy about a precise definition of "investigation", but if you look at this provision in the context of the rest of the law, it's all about licensing and qualifications: You can't call yourself a "forensic computer specialist" or perform "investigations" without the same training and licensing procedures that a "private investigator" would need in Texas. That includes criminal background checks, etc. Actually, in fact most of the law is dedicated to clarifying and tightening licensing restrictions for alarm installation and service companies, armored car services, etc.

The Institute for Justice is a "libertarian" law firm (or "public interest" organization) that specializes in cases that smack of anything construed as limiting entrepreneurship, but they also extend their efforts to Eminent Domain issues, etc. For instance, they are pursuing a case in Philadelphia which opposes the City's right to license tour guides.

I don't want to make IFJ sound like total screwballs, because they are fighting some seriously flawed legislation, such as new restrictions in Texas and several other states on the practice of equine dentistry. New licensing regulations in this field have been the source of fines and criminal actions.

[NooNoo]

Well, I suppose if your judges and police are unable to read the laws in context, then the IFJ is doing a great job in ensuring that the law is not misapplied.