Next - the issue is a license - NOT a PI License!
Here is the wonderful part of pulling small sections without the complete
context. As the Bill states;
"(a) This chapter shall not apply to:
...
(8) A person whose professional practice is licensed or regulated by another
agency or board of this state when such person´s conduct falls within the scope
of practice for such other profession. In the event the professional´s conduct
falls within the scope of activity regulated both by this chapter and elsewhere
under state law, this chapter shall not regulate such professional´s conduct."
As I have stated, accountants, Engineers, lawyers and MANY other professions
that are licensed are excluded from having to get a PI license. As there are
more licensing bodies that cover this then the PI one and that they are in the
minority, the PI assertions are a fallacy and a slippery slope argument
designed as FUD.
The best is that you MAY need to have one of MANY licenses. Or at the WORST you
MAY need to work for one of many firms that have a license. This is ANY legal
firm, any engineering firm, any accountancy.
On top of this, there are agency law provisions that will cover this - but this
is a fact based decision and thus case by case.
All of this also comes to the facts of a case. An individual engaged to analyse
a drive without specific reference to finding criminal evidence is not doing
the same as one who is.
Regards,
Dr Craig Wright (GSE-Compliance)
Craig Wright
Manager of Information Systems
Direct : +61 2 9286 5497
Craig.Wright@bdo.com.au
+61 417 683 914
BDO Kendalls (NSW)
Level 19, 2 Market Street Sydney NSW 2000
GPO BOX 2551 Sydney NSW 2001
Fax +61 2 9993 9497
http://www.bdo.com.au/
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-----Original Message-----
From: listbounce@securityfocus.com [mailto:listbounce@securityfocus.com] On
Behalf Of Jon R. Kibler
Sent: Wednesday, 27 February 2008 9:17 AM
To: Scott Moulton
Cc: security basics; Bert Knabe
Subject: Re: PI to do Forensics? WAS: Re: Two questions
Scott Moulton wrote:
That was the old laws, I am not sure that is the new current law in SC.
I understand the new law to state specifically "Digital Investigations".
Here is the Georgia introduction that is getting introduced everywhere.
It passed but we yelled a lot and it got vetoed. But I have been told
they will try again this year. Notice the " any type of digital or
electronic information"
"(3) 'Private detective business' means providing or accepting
employment to provide protection of individuals from death or serious
bodily harm or the business of obtaining or furnishing, or accepting
employment to obtain or to furnish, information, including but not
limited to any type of digital or electronic information, with reference
to:
http://www.legis.ga.gov/legis/2007_08/fulltext/hb504.htm
Scott:
What I quoted was from the laws passed in the last
SC legislative session (ending 6/2007).
I just did a search of all legislation pending or
passed this session. I also went back and searched
current laws again.
Specifically, I searched for all laws that included
any of the following words:
digital
computer
network
forensics
I also specifically searched for 'digital
investigation(s)'. Here is the search link
I used:
http://www.scstatehouse.net/
(From having worked with the legislature in the
past, I can be certain that the information
searched is current within a week.)
I did not find anything that was more recent or
relative than above.
If you have any additional information or resources,
PLEASE let me know!
THANKS!
Jon Kibler
--
Jon R. Kibler
Chief Technical Officer
Advanced Systems Engineering Technology, Inc.
Charleston, SC USA
o: 843-849-8214
m: 843-224-2494
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