Texas PC repair now requires PI license! - Page 3
Page 3 of 4 FirstFirst 1234 LastLast
Results 21 to 30 of 39

Thread: Texas PC repair now requires PI license!

  1. #21
    Senior Member JPnyc's Avatar
    Join Date
    Jan 2005
    Posts
    2,734
    Sure they are, but we're not dealing with the need to prove an act that has taken place, we are dealing with the definition of a word. It's not investigation, its recovery. Now if there's some reason to question a particular instance, then you have to deal with evidence/proof.

  2. #22
    Super Moderator: GMT Zone nihil's Avatar
    Join Date
    Jul 2003
    Location
    United Kingdom: Bridlington
    Posts
    17,190
    Yes, I think that the "PI Lobby" are aiming at what rcgreen described as repair shop vigilantes?

    Computer repair technicians are quite capable of diagnosing problems and recovering data.................. they are not qualified (unless licensed) to assemble evidence, or engage in the process of evidence discovery.

    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
    No you are not, and, if you are professional about it (like you want to do it quickly because time is money) you don't even look at what the data are.
    Intent and purpose are hard to proof.
    Exactly, the onus of proof lies with the accuser not the accused............ well we still have that rule in the EU, except perhaps for KP cases?
    If you cannot do someone any good: don't do them any harm....
    As long as you did this to one of these, the least of my little ones............you did it unto Me.
    What profiteth a man if he gains the entire World at the expense of his immortal soul?

  3. #23
    Disgruntled Postal Worker fourdc's Avatar
    Join Date
    Jul 2002
    Location
    Vermont, USA
    Posts
    797
    Before I continue I want to say I'm not a fan of wholesale government intervention.

    A lot of trades that involve security (physical), finance and people's privacy require some sort of bonding or licensing. A CPA who knows someone is "cooking the books" can lose his licensing if he doesn't report it. In some states, any security guard that carries a weapon has to be deputized.

    So what does this law do besides create an extra hurdle to someone wanting to repair a computer:

    It stops the repair vigilante from blowing the whistle on you, unless they are certified. It also stops someone from blackmailing you if they find something naughty, a complaint from you would put them in hot water on their licensing.

    It prohibits someone from making searches of your data unless they are licensed.

    In the process of getting the PI license you are instructed about what evidence you must turn over and how not to screw up the evidence to prevent use in court of real law enforcement types.

    So in a crux, how much $ do you have to spend to get a license, sounds like a resume filler to me.
    ddddc

    "Somehow saying I told you so just doesn't cover it" Will Smith in I, Robot

  4. #24
    Senior Member JPnyc's Avatar
    Join Date
    Jan 2005
    Posts
    2,734
    I don't think it's so much about whether or not this creates a hardship for repair people, the issue as I see it is gov. interference based on a false premise.

  5. #25
    Super Moderator: GMT Zone nihil's Avatar
    Join Date
    Jul 2003
    Location
    United Kingdom: Bridlington
    Posts
    17,190
    Hmmm,

    A lot of trades that involve security (physical), finance and people's privacy require some sort of bonding or licensing.
    Computer repairs don't fall into any of those categories.

    Also, what about disclosure by banks, attorneys, doctors? Either they are privileged or need a subpoena/court order. Unless I give them instructions otherwise............. so what has happened to my Constitutional rights here? apparently I can be punished for exercising my right to chose whom I wish to repair my computer, and give them my authorisation to do so?

    A computer tech is not involved in gathering information about third parties for criminal, matrimonial or civil lawsuits. That is right and proper as they are not trained to.................. it would be akin to visiting a backstreet abortionist in my book. Both parties would be guilty, which is what this law (or the letter of it) says to me.

    It stops the repair vigilante from blowing the whistle on you, unless they are certified.
    Somehow I doubt that, although it does seem to look like it at first. The problems that I have are:

    1. Repair vigilantism can be legalised.
    2. A person discovering evidence of a criminal offence cannot report it to the proper authorities, as they are legally required to?

    It also stops someone from blackmailing you if they find something naughty, a complaint from you would put them in hot water on their licensing.
    Sorry ddddc, that one I cannot accept. What is the penalty for blackmail (a felony I would have thought?) as opposed to some petty licence infringement? If you are going to complain, you will go for the felony rap?

    It prohibits someone from making searches of your data unless they are licensed.
    And some scumbag Texican quango can licence a turd-for-brains to search my data? without my consent? and without court permission?

    Again, what if I ask someone to search my data or give them permission to access it?

    In the process of getting the PI license, you are instructed about what evidence you must turn over, and how not to screw up the evidence (collection process) to prevent its use in court by real law enforcement types.
    And the relevance of that to computer repair is exactly what?

    I don't look at data on a computer with a view to a court appearance.......... I am looking to repair it and get paid?

    @ JPNyc:

    I don't think it's so much about whether or not this creates a hardship for repair people, the issue as I see it is gov. interference based on a false premise.
    Actually this is not government as I see it, this is some unconstitutional, unelected shower, of "regulators" trying to gouge income for their members, or powerbase?

    I can see over the horizon............ "well you want to repair computers in Texas? tell you what, you pay me $xxxxx, and I will put you on my license"

    "And the thirteen days of glory at the seige of Alamo"

    Those guys must be turning in their graves?
    If you cannot do someone any good: don't do them any harm....
    As long as you did this to one of these, the least of my little ones............you did it unto Me.
    What profiteth a man if he gains the entire World at the expense of his immortal soul?

  6. #26
    Disgruntled Postal Worker fourdc's Avatar
    Join Date
    Jul 2002
    Location
    Vermont, USA
    Posts
    797
    Nihil,

    Someone asks me to repair his computer because it won't boot or it's slow.

    During the process of this I find a bunch of kiddie porn. If I report the guy, I'm a narc. If I don't I'm an accessory.

    Licensing is a minor nuisance.
    ddddc

    "Somehow saying I told you so just doesn't cover it" Will Smith in I, Robot

  7. #27
    Super Moderator: GMT Zone nihil's Avatar
    Join Date
    Jul 2003
    Location
    United Kingdom: Bridlington
    Posts
    17,190
    ddddc,

    In the southern part of Texas, near the town of San Antone

    Like a statue on his pinto, rides a cowboy all alone

    And he sees the cattle grazin', where a century before

    Santa Anna's guns were blazin', and the cannon used to roar

    And his eyes turn sorta misty as his heart begins to glow

    And he takes his hat off slowly...to the men of Alamo


    To the thirteen days of glory...at the siege of Alamo

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Now the bugles are silent, and there's rust on each sword

    And the small band of soldiers, lie asleep in the arms of the Lord
    Sometimes I feel that traditions should transcend political and money grubbing sleaze?

    I used to think that Texas was "cleaner" than Washington DC................

    If you cannot do someone any good: don't do them any harm....
    As long as you did this to one of these, the least of my little ones............you did it unto Me.
    What profiteth a man if he gains the entire World at the expense of his immortal soul?

  8. #28
    Disgruntled Postal Worker fourdc's Avatar
    Join Date
    Jul 2002
    Location
    Vermont, USA
    Posts
    797
    Nihil,

    The US Constitution, the basis of all of our laws, is a living document, it can be changed and amended and it has been since its inception. Recently our Supreme Court overturned an absolute handgun ban in Washington DC reaffirming the 2nd amendment in doing so.

    If someone cared enough about the Texas law they could appeal for change, I just checked and it looks like a PI license in Texas is $33. Like I said, a minor nuisance.
    ddddc

    "Somehow saying I told you so just doesn't cover it" Will Smith in I, Robot

  9. #29
    Banned
    Join Date
    Aug 2001
    Location
    Yes
    Posts
    4,429
    You can only get a license with a criminal justice degree or by doing a 3-year apprenticeship with a registered PI, though...

  10. #30
    Super Moderator: GMT Zone nihil's Avatar
    Join Date
    Jul 2003
    Location
    United Kingdom: Bridlington
    Posts
    17,190
    I agree with Negative, in that it is obviously a money gouging "jobs for the lads" scam.

    Perhaps Washington are going to have to advise the Commonwealth (extra wealth if you are a PI) of Texas as to the Constitution of the United States of America?

    They can always secceed if they want, but we all know what happened last time, and Texas certainly doesn't have a politician of the calibre of Jefferson Davis
    If you cannot do someone any good: don't do them any harm....
    As long as you did this to one of these, the least of my little ones............you did it unto Me.
    What profiteth a man if he gains the entire World at the expense of his immortal soul?

Similar Threads

  1. Trojans - Ports
    By GbinaryR in forum AntiVirus Discussions
    Replies: 11
    Last Post: October 30th, 2008, 10:33 AM
  2. Port List
    By ThePreacher in forum Miscellaneous Security Discussions
    Replies: 17
    Last Post: December 14th, 2006, 09:37 PM
  3. Tcp/ip
    By gore in forum Newbie Security Questions
    Replies: 11
    Last Post: December 29th, 2003, 08:01 AM
  4. Texas Political Turmoil
    By tonybradley in forum Cosmos
    Replies: 8
    Last Post: August 22nd, 2003, 04:38 PM
  5. ports
    By hatebreed2000 in forum AntiOnline's General Chit Chat
    Replies: 1
    Last Post: March 14th, 2003, 06:36 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •