Texas PC repair now requires PI license!

[JPnyc]

So would I. It's a misuse of the word. To investigate means to seek information for some purpose. Data recovery isn't seeking information, it's retrieving it and with no particular agenda other than to save the info from being lost.

[Negative]

How about the "review and analysis" part? Laws are always open for interpretation, and I believe the Institute for Justice is right in being extremely concerned about what exactly this law is trying to enforce. If the DMN article is correct (in stating that the law was enacted under pressure of the PI lobby), then it's not too far-fetched to assume that the law can be used against a non-licensed computer repair guy trying to recover some pictures...

[DjM]

Yea, but what are we really talking about? Family pictures or a corrupt database file, they are both a bunch of 1's and 0's. It's just data recovery!

Cheers:

[nihil]

Hmmm,

Depends on how you use English in Texas?

(1) engages in the business of obtaining or
furnishing, or accepts employment to obtain or furnish, information
related to:
[...]
(B) the identity, habits, business, occupation,
knowledge, efficiency, loyalty, movement, location, affiliations,
associations, transactions, acts, reputation, or character of a
person;

I don't know about you, but I don't engage in the business of or accept employment to do any of that. It is not a part of computer repair.

Computer repair folks can obtain information about the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person through review and analysis of computer-based data that is not available to the public.

The ones in blue are bullcrap, you don't get them off a computer, or only partially.

OK, so I have the equipment to be a rapist, so I can do it.......... will I get charged?

"Can" isn't "Did", and "Did" is impossible to prove. Over here, you would (under due process) have to provide evidence that the act took place, motive and opportunity................. and opportunity isn't enough on its own (hence my rape analogy).

Am I the only person who smells the aroma of decaying rodent here?

We have this DMN outfit who have just opened a new branch in Texas......... and they are immediately involved in a high profile, high publicity battle that they are certain to win? *cough* *cough*

HTRegz put me onto that one........... this has been on the statute books for over a year, why has it "suddenly" (and conveniently?) come to light?

Another thing, what about this marvellous "Constitution of the United States of America" I have heard tell of?

Are you telling me that a private citizen is not allowed to take his computer to anyone he likes to have it repaired?

What about your anti-trust laws, as this legislation is blatantly an unreasonable restriction on trade?

And isn't an individual given the right to give his permission for someone else to at least view his personal details? If not I guess Texas is about to revert back to barter and cash only?

Unfortunately, under this law, the TPSB have a very good case.

I don't think so, nor do I think that the Supreme Court or Washington will?

[AngelicKnight]

This is highly concerning as a Texan myself. I had actually considered starting my own computer repair gig for a while. Glad I haven't!

But I'm confused...Wouldn't this law shut down every single IT business in Texas? So far I don't know any IT guys out here running around with PI licenses, so business is going as usual. Wouldn't this bring the Texas IT industry to a grinding halt until we all acquired Criminal Justice degrees?

[C:\Saw]

what's next? what? i cannot remove these viruses and spyware from my pc because it is evidence of criminal activity? need if hire a PI to track down these wrongdoers else i become the evil one?

What will they come up with next?

ugghhh...

[Negative]

Angelic > Almost all larger computer repair shops in Texas have employees with PI licenses.

Nihil
I don't know about you, but I don't engage in the business of or accept employment to do any of that. It is not a part of computer repair.

I do. As soon as a customer brings me a harddrive to recover data from, and that data contains personal information, I am clearly engaged in the business of doing exactly what that law is talking about (I "accept employment to obtain information related to the identity, habits, business, occupation,
knowledge, efficiency, loyalty, movement, location, affiliations,
associations, transactions, acts, reputation, or character of a
person." - almost all of the computers I work on have personal information on them (resumes are pretty popular around here!) - you trying to highlight some of those in blue that you think can't be obtained from a computer is irrelevant to that (and I don't agree that you can't, for example, learn a whole lot about someone's habits from looking through his computer). We're not talking about "hardware repairs" here.

We have this DMN outfit who have just opened a new branch in Texas......... and they are immediately involved in a high profile, high publicity battle that they are certain to win? *cough* *cough*

The DMN is the Dallas Morning News. Dallas is in Texas, and has been for quite a while. The DMN has been in Dallas for quite a while, too You're probably referring to the Institute for Justice.

this has been on the statute books for over a year, why has it "suddenly" (and conveniently?) come to light?

Because law folks don't know anything about computers, and computer folks don't read laws. This only came to light when the TPSB apparently actually started using the law.

The author of the law says that it "only applies to those who retrieve data for the purposes of analysis to create a report for a third party", the TPSB says it only applies to "data retrieval for a potential civil or criminal matter." Two totally different interpretations, all because - again - that law is as vague as they come. How is a computer repair person to know what the retrieved data is going to be used for? I can retrieve and analyze data, but not put it into a report? I can retrieve and analyze data and write a report on it, but only when it's not going to be used in court (which I can't know beforehand)?

[AngelicKnight]

Angelic > Almost all larger computer repair shops in Texas have employees with PI licenses.

I'm referring to the smaller ones primarily. I worked for an IT outsourcing company up until last year, of whom no one possessed a PI license. As far as I'm aware they're still up in business.

[nihil]

The author of the law says that it "only applies to those who retrieve data for the purposes of analysis to create a report for a third party", the TPSB says it only applies to "data retrieval for a potential civil or criminal matter."

None of which applies to computer repair or data retrieval.

It is a question of "intent" and "purpose" rather than activity.

The "gathering of evidence" is quite distinct from "data recovery"

[Negative]

Intent and purpose are hard to proof.