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P.I. licensing (USA issue)

Discussion of legislation relating to computer forensics.
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Re: P.I. licensing (USA issue)

Post Posted: Wed Jul 24, 2013 9:44 pm

- Bulldawg
Harlan--The CDFS is great, but how do you handle working in multiple states now?


I was attempting to address, for you, this statement...

"...I think we do need some kind of federal guidelines for digital forensics investigators that would trump state law."

So do others.

If you're now asking me how I go about doing this, I have worked as a consultant, and several states have had exceptions for those performing work for companies. For those that don't, all you can say is, "sorry".  

keydet89
Senior Member
 
 
  

Re: P.I. licensing (USA issue)

Post Posted: Wed Jul 24, 2013 11:12 pm

- Bulldawg
BTW, you may want to check Arizona again. I have spoken with another examiner in your state, and her firm is licensed as are all of her examiners.


I just did a little research and there is no standing requirement that examiners be licensed or even certified here. To use the title "investigator" you are required to have a license.  

sgreene2991
Senior Member
 
 
  

Re: P.I. licensing (USA issue)

Post Posted: Thu Oct 17, 2013 6:54 pm

- Bulldawg
Virginia has has a similar case, and that person was convicted (also a felony). These are career-ending convictions.


I know I'm late to this discussion, but thought I would point out, Virginia now has an exception for digital forensics in the Code of Virginia. (§ 9.1-140 paragraph 29).
_________________
Greg Marshall, EnCE 

gmarshall139
Senior Member
 
 
  

Re: P.I. licensing (USA issue)

Post Posted: Fri Jan 17, 2014 8:52 pm

In Texas digital forensics are specifically included in the Private Investigator regulations that require a license. It was not an issue as former law enforcement, but I can tell you that there are large number of small forensic shops that have not gotten their licenses. One of the nice offshoots to this in our jurisdiction is that there were a couple of convicted felons who worked for a group of criminal defense lawyers who with no training purchased a Cellebrite and have advertising themselves as forensic experts. Their convictions prevented them from obtaining PI licenses.

To most of us in Texas it seems as a simple effort to Tax us, because while you have to obtain the license there is no specific training requirements for Digital Forensic Investigation Companies and the manager's exam that you have to take to supervise goes over everything from celebrity protection, to K-9 to alarm installation, without a single question about forensics.  

Ehdevlin
Member
 
 
  

Re: P.I. licensing (USA issue)

Post Posted: Wed Jul 16, 2014 11:40 pm

I'm a licensed attorney and a forensic examiner (in Arizona).
In order to be a PI in Arizona, we have that same 3 year requirement.

However, Arizona also has a law that lawyers (and their employees) are exempted from the requirement to be a PI if the lawyer is working on his or her own case. So, my stance is that IF my work is considered investigative, than I am simply doing it as an agent of the lawyer and thus exempted from the requirement. You may want to look to see if your state has the same kind of exception.  

BChaseAZ
Member
 
 
  

Re: P.I. licensing (USA issue)

Post Posted: Mon Jul 28, 2014 2:40 pm

Although I am an attorney, I'm not a Pennsylvania lawyer, so do not rely on the following as legal advice:

Section 15 of the Private Detective Act '53 discusses exceptions to the application of the law.
Section 2 provides important definitions.  

LawHammer
Newbie
 
 

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