Texas PC repair now requires PI license!

[JPnyc]

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.

[nihil]

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?

[fourdc]

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.

[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.

[nihil]

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?

[fourdc]

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.

[nihil]

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................

[fourdc]

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.

[Negative]

You can only get a license with a criminal justice degree or by doing a 3-year apprenticeship with a registered PI, though...

[nihil]

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