Michigan law and co...
 
Notifications
Clear all

Michigan law and computer repair

8 Posts
4 Users
0 Likes
297 Views
(@freedompcsolutions)
Posts: 3
New Member
Topic starter
 

I am hoping someone can provide insight here. I sent a letter to the AG in Michigan regarding questions I have about what is legal for me, a computer repair tech with no PI or forensics liscense. They replied that they could not help me and that I should seek an attorney. With that being said here is what I wrote

I am starting up a computer repair business and became aware of MCL 338.822 Definitions Sec. 2(b) which states; "Computer forensics" means the collection, investigation, analysis, and scientific examination of data held on, or retrieved from, computers, computer networks, computer storage media, electronic devices, electronic storage media, or electronic networks, or any combination thereof.

I always understood forensics as being used in a court as evidence but the new addition to the law seems to broaden that definition greatly. I am wondering if this makes it illegal for me to do any of the following.

•Recovering files deleted by accident, hard drive corruption or by viruses, from a clients computer.

•Making a copy of a client’s hard drive in case of disaster.

•Backing up clients data in order to reinstall the operating system and then restore that data.

•Analyzing files to determine the cause of client’s computer problems.

Hope you have a truly wonderful Christmas and a very happy New Year.

Sincerely,

Brian VanOrder

It would seem that alot of what a regular computer tech does involves collecting and analysing the data on a pc and from I can gather it would make the above listed services illegal for me to perform. Sounds stupid to me but I can see it happening with the way the law is written.

Any input would be greatly appreciated.

Brian

 
Posted : 21/01/2011 6:26 am
(@bithead)
Posts: 1206
Noble Member
 

There are additional definitions in the act

338.822 Definitions.
Sec. 2.

As used in this act

(viii) Computer forensics to be used as evidence before a court, board, officer, or investigating committee.

 
Posted : 21/01/2011 6:32 am
hcso1510
(@hcso1510)
Posts: 303
Reputable Member
 

This may not answer your question, but I can think of two movie quotes that I believe are appropriate. Don't be a hero and A mans got to know his limitations.

I'm sure Michigan has mandatory reporting laws. I would highly suggest the first time you see a questionable image you contact LE. As good as your skills may be, you could alter or destroy evidence if you proceed further.

 
Posted : 21/01/2011 9:44 am
(@forensicakb)
Posts: 316
Reputable Member
 

The things you mention seem alright, and you may get different opinions from different attorneys. Fixing a problem with a computer would not be CF, if someone says check out this PC we bought for our young daughter to make sure she isn't involved in anything like drugs or sex, etc. or a company calls you up and says i think that my employee is stealing from me he just deleted the hard drive can you get it back, you would have to remove yourself from that. Which is why with every call you have to have the back-story on what is going on to make sure that you aren't doing anything illegal.

You also have to be aware of the people who will come in and could have ulterior motives saying get all the data off this phone and its not their phone nor their daughters phone, but maybe a spouses phone or a workmates phone. Anything like that would mean you are doing CF work, or at least can be construed like that.

This may not answer your question, but I can think of two movie quotes that I believe are appropriate. Don't be a hero and A mans got to know his limitations.

I'm sure Michigan has mandatory reporting laws. I would highly suggest the first time you see a questionable image you contact LE. As good as your skills may be, you could alter or destroy evidence if you proceed further.

 
Posted : 22/01/2011 2:41 pm
hcso1510
(@hcso1510)
Posts: 303
Reputable Member
 

In light of forensicakb's comments I wonder what sort of paperwork computer examiners/repairers might need to protect them legally. I have never taken a computer to BestBuy, but I know stolen computers are taken there to have passwords cracked. I'm sure they have a lengthy disclaimer for you to sign before they touch the computer which protects them legally and civilly. I'm sure there is also wording that makes reference to any discovered content that is immediately identifiable as being violations of state law will be reported to LE.

 
Posted : 22/01/2011 7:31 pm
(@freedompcsolutions)
Posts: 3
New Member
Topic starter
 

This is what I have currently for my disclaimer and protection.

I attest that I own the computer being worked on and that I am not trying to hide information from law enforcement
nor am I trying to recover data that does not belong to me by having Freedom PC Solutions perform these services.
Freedom PC Solutions will vigorously help law enforcement prosecute any criminal activity. These services are not
forensic services. Forensic services can only be carried out by a licensed private investigator or CISSP. Under the law,
it is a felony to provide these services without proper licensure and data recovered cannot be used in any court
proceedings as evidence.

@forensicakb

(if someone says check out this PC we bought for our young daughter to make sure she isn't involved in anything like drugs or sex, etc.)

I would think that if the child was a minor, the parents own the computer and it would be like me recovering any other information that they were unsure how to obtain.

(or a company calls you up and says i think that my employee is stealing from me he just deleted the hard drive can you get it back,)

In this situation, if all he wanted was his information back that got deleted, I would do that. However, if we wanted to use it to persue charges against the employee, I would refer him to a forensic specialist.

I wonder about items like reading .dat files. When someone wants to see where the computer has been going, assuming this person was the owner of course. It would be no different if I were to install open office so he/she could read .doc files or installing notepad+ to read .bat files. Again, as long as he/she owns the computer and is not using the information obtained in court proceedings.

 
Posted : 28/01/2011 9:50 am
(@bithead)
Posts: 1206
Noble Member
 

(if someone says check out this PC we bought for our young daughter to make sure she isn't involved in anything like drugs or sex, etc.)

I would think that if the child was a minor, the parents own the computer and it would be like me recovering any other information that they were unsure how to obtain.

(or a company calls you up and says i think that my employee is stealing from me he just deleted the hard drive can you get it back,)

In this situation, if all he wanted was his information back that got deleted, I would do that. However, if we wanted to use it to persue charges against the employee, I would refer him to a forensic specialist.

I wonder about items like reading .dat files. When someone wants to see where the computer has been going, assuming this person was the owner of course. It would be no different if I were to install open office so he/she could read .doc files or installing notepad+ to read .bat files. Again, as long as he/she owns the computer and is not using the information obtained in court proceedings.

Your example of the parents and the company with the thief are going to have you crossing a very fine line. You may think you are being sly, however you would be acting as a PI in both cases. As soon as you are informed of the intent, no matter how you try to play it off you are acting as a PI.

Same thing goes for the .doc and .bat file scenario. Once you start dealing with intent you are going to cause yourself problems.

Those scenarios are way different than someone coming in to your shop and asking to have their data recovered because they got a virus or accidentally deleted their files.

When you do work in the gray area and get called into court to explain what you did, no disclaimer is going to CYA. The people that brought the data in are going to admit that they told you the circumstances and that you worked with them to interpret the data.

 
Posted : 28/01/2011 10:41 am
(@freedompcsolutions)
Posts: 3
New Member
Topic starter
 

I will definately be searching for legal council so I know where the lines are. There would not be any slyness, as that is not me. Especially if my business is going to suceed. I want a good reputation not a shady one.

 
Posted : 28/01/2011 10:49 am
Share: