F ORENSICS IS ONLY FOR P RIVATE I NVESTIGATORS NOW! OR W HO NEEDS C ERTIFICATIONS ? Scott A. Moulton Forensic Strategy Services, LLC. www.ForensicStrategy.com
D ISCLAIMER ¢ This is NOT Animated! ¢ Everything I state is my opinion and is based on my research and experiences. ¢ I am not your lawyer! ¢ Talk to your own lawyer and do your own research. ¢ I am sure that some of you will get angry about this speech and the new laws, but I am not the bad guy. ¢ This is for your Entertainment!
W HY IS THIS S PEECH I MPORTANT TO YOU ? ¢ States are passing new laws and implementing them very quickly. These laws can go into effect immediately with no grandfathering of current non-licensed people nor giving them a path to get licensed by the deadlines. ¢ The PI Board in many states is lobbying similar wording and trying to get similar laws passed. ¢ Most computer forensic or computer security professional have no idea this is happening at all or that it applies to them.
R ECENT E VENTS IN M ICHIGAN ¢ Michigan passed the “Professional Investigator Licensure Act” on May 28 th 2008. ¢ I makes it a felony to practice computer forensics without a license going into effect: “This act is ordered to take immediate effect.” ¢ Penalty: (3) A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a penal fine of not more than $5,000.00, or both.
O PINIONS ¢ Some people think regulation is needed.. It gets rid of the rift raft that hangs out a sign ¢ Some think that they would rather have the worst computer guy working on their case more than a PI. ¢ And others state that this is a field of science and not surveillance and computer science does not belong under the PI wing. ¢ But a lot more people just think it does not apply to them, such as Forensic Document Handwriting Experts.
O THERS THINK ALL PI’ S DO IS SURVEILLANCE
Q UALIFICATION & C ERTIFICATIONS
A LL YOUR Q UALIFICATIONS ARE T RUMPED BY THIS P ROFESSIONAL L ICENSE
O NE PARAGRAPH SUMMARY E MAIL “I find is shocking and narrow minded for states to think that a computer forensic expert would have to have a license in order to testify but yet a Private Investigator can have no clue about computers and yet testify to that which is on the computer. “
H OW I WAS I NTRODUCED TO THIS I SSUE ¢ April 4 th 2006 – I was on the stand testifying in a criminal trial in the state of Georgia. ¢ The Prosecution questioned me about my credentials in computer forensics and whether I was a licensed Private Investigator. ¢ The Prosecutor tried to have the Judge disqualify me as an expert because I was not a PI and cited a new law that was passed by the Georgia House and Senate to go into effect July 1 st 2006. ¢ The Judge allowed my testimony because I was being qualified as a computer forensics expert and not a Private Investigator.
S O I RESEARCHED THIS NEW LAW ¢ After that occurred, even though I was accepted for computer forensics on the stand, I thought it would be a good idea to check on this new law. I would start with the definitions of forensics and computer forensics and see how they applied.
T HE E VERYTHING P RIVATE I NVESTIGATION B OOK
T HE WORD “F ORENSICS ” D EFINED ¢ Forensics: The use of science and technology to � investigate and establish facts in criminal or civil courts of law. ¢ Computer Forensics: Computer forensics is a branch of � forensic science pertaining to legal evidence found in computers and digital storage mediums. ¢ Is that what PI’s do? I don’t remember TV shows called Magnum CSI or Quincy PI but at least there was Rockford FILES!
S O I RESEARCHED THIS NEW LAW ¢ This new law was called HB1259 and it was submitted on February 6 th , 2006 and passed both the house and the senate March 30 th 2006.
C ODE S ECTION 43-38-3, RELATING TO DEFINITIONS OF P RIVATE I NVESTIGATOR ¢ (3) 'Private detective business' means the business of obtaining or furnishing, or accepting employment to obtain or to furnish, information with reference to: ¢ (A) Crimes or wrongs done or threatened against the United States of America or any state or territory thereof; ¢ (B) The background, identity, habits, conduct, business, employment, occupation, assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person;
C ODE S ECTION 43-38-3, RELATING TO DEFINITIONS OF P RIVATE I NVESTIGATOR ¢ (C) The location, disposition, or recovery of lost or stolen property; ¢ (D) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; ¢ (E) The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee;
N EW C AREER C HOICES Just in case you suck at computer forensics at least you didn’t waste your time…. (F) In addition to the aforementioned services, 'private detective business' shall also mean providing, or accepting employment to provide, protection of persons from death or serious bodily harm."
Q UALIFICATIONS FOR A PI IN G EORGIA ¢ (7) The applicant for a private detective company license has had at least two years experience as an agent registered with a licensed detective agency ¢ or has had at least two years experience as a supervisor or administrator in in-house investigations ( IT Investigations?) ¢ or has had at least two years experience as a peace officer as defined by subparagraph (A) of paragraph (8) of Code Section 35-8-2, ¢ or has a four-year degree in criminal justice or a related field from an accredited university or college;
E MAIL FROM SOMEONE WHO CHECKED ON N EVADA ' S S IMILAR R EQUIREMENTS ¢ has had at least two years experience as a supervisor or administrator in in-house investigations ( IT Investigations?) ¢ …..Email about this subject What's interesting about Nevada's statute is that they require a license to conduct computer forensics, but they don't count computer forensics toward the required experience to be a private investigator. Seems they want to have it both ways.
D OES NOT A PPLY TO T HESE P EOPLE ¢ (1)An officer or employee of the United States of America …blah blah blah ¢ (2) A person engaged in the business of furnishing information in connection with credit or ..blah blah blah ¢ (3) An attorney at law or a bona fide legal assistant in performing his or her duties; ¢ (4) Admitted insurers, agents, and insurance brokers licensed by the ..blah blah blah ¢ (5) A peace officer employed on a full-time basis …blah blah blah. ¢ (6) A firm engaged in the business of independent insurance claims ..blah blah blah ¢ (7) The employees of a firm.. (6) of this subsection..
I T ALSO DOES NOT EXCLUDE : ¢ It turns out, the PI board forgot to exclude; corporations, other professional licenses like CPA’s, etc and they all called the governors office to complain about this law. ¢ After finding this out, I found out the bill was on the Governors desk waiting to be signed; or he had the option to veto it! ¢ I made a googillion phone calls, emails etc to get the attention of everyone I could.
W HAT DID THE L AWYERS S AY ¢ After researching it, I put the content in-front of a criminal attorney for an opinion on if this new law applied to me. ¢ The lawyers opinion was he did not want to have to be in the position of defending (not really, because they like defending things for lots of money) it because it seemed that it would apply and there is no case law to support it. ¢ Being accused of a misdemeanor was a lot different than being accused of a felony and who wants to be the first one to test that? Refer to Port Scanning!
P ENALTIES F OR T HE C RIME OF C OMPUTER F ORENSICS ¢ Any person who engages in the private detective business or private security business or offers, pretends, or holds himself or herself out as eligible to engage in the private detective business or private security business and who is not legally licensed or registered under this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both. Each day or fraction of a day that he or she practices in violation of this chapter shall constitute a separate offense."
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