Everything's Bigger – and Stranger – in Texas
July 2nd, 2008 by Justin Ryan
There are a lot of things you want to have if you're going into the computer service business: quality tools, generous liability coverage, a basic idea of how computers work. If you're planning to open up shop in Texas, though, you'll be needing something else: a private investigator's license.
According to reports, a freshly inked law in the Lonestar State now requires a private investigator's license in order to engage in computer repairs. The rather mind-boggling requirement apparently stems from technician's access to private information stored on the systems they repair. The state requires individuals who will have access to such information to obtain a criminal justice degree or complete a three-year apprenticeship as a prerequisite to licensure; a long list of conditions bar those with criminal records.
Failure to comply with the new law — which forces unlicensed shops to shut down until they can obtain a license — can land you a year's vacation to the big house and a $4,000 fine, along with up to $10,000 in civil penalties. Even worse, computer owners who allow an unlicensed tech to twiddle with their boxes will join their felonious Mr. Fixit in the clink and cough up the same cash. No word on the state's position towards DIY activities, but we're thinking it might be wise to hold off on installing that new hard drive until you've got a lawyer on staff...
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Justin Ryan is News Editor for LinuxJournal.com.
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Grossly Overstated
On July 2nd, 2008 RyanR (not verified) says:
This article appears to grossly overstate the impact of the new law. It is clear from reading the linked House Bill that the law is intended to apply to companies engaged in investigations, not computer repairs. Just look at the definition provided for an "Investigations Company" -- it's all about investigating individual's criminal activities, financial transactions, and generally investigating a crime.
The closest that this law seems to come to normal computer repair activity would be "recovery of lost or stolen property", but even at that, a damaged hard drive does not really have lost or stolen property--it's just damaged data. Yes, "intellectual property" but it's just damaged--NOT lost, you know where it is, and NOT stolen unless you are investigating a criminal's computer.
Though this law could probably use some clarification, I think we just have some hyped up lawyers taking advantage of their clients. After all, $omeone ha$ to get paid for thi$ law$uit.
That's what I thought
On July 3rd, 2008 Justin Ryan says:
I thought the same thing, until I started looking carefully at the definitions; I think there is room for the courts to clarify what will apply under the law, but as written, it certainly can be construed to include computer techs. Here's why:
Under 1702.104(a), an "Investigations Company," which must be licensed under Section 1702.101, is defined as one who "engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to: (B) the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person."
1702.104(b) includes non-public computer data within the scope of §104(a): "For purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public."
Computer repair techs certainly have access to "computer-based data not available to the public"; I don't know about anyone else, but the contents of my hard drive certainly aren't available to the public. Because of that, they are "engaged in the business of obtaining or furnishing information" under §104(a)(1), which defines them as an Investigations Company under §104.
All of that can be gleaned from reading HB 2833. However, HB 2833 isn't actually the law; it modifies the Occupations Code, which includes a whole host of regulations not reflected in HB 2833. "Investigations Companies" are required to be licensed under Section 1702.101, which isn't included in the text of HB 2833. §101 says: "Unless the person hold a license as an investigations company, a person may not: (1) act as an investigation's company (2) offer to perform the services of an investigations company; or (3) engage in business activity for which a license is required under this chapter."
With that in hand, one can connect it all together: Accessing non-public computer information [§104(b)] is classified as engaging in obtaining or furnishing information [§104(a)] which classifies one as an investigations company [§104] which requires a license [§101]. So it is entirely possible — though it would be nice to have an official ruling from the Texas Commission on Private Security — that computer techs now must have state licensure.
Also, the Institute for Justice has already filed a lawsuit on behalf of a computer repair tech affected under the new law.
__________________________Justin Ryan is News Editor for LinuxJournal.com.
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Still Unconvinced...
On July 3rd, 2008 RyanR (not verified) says:
Using the section of HB2833 that you cited (1702.104 (1) (B)), if a business is engaged in the business of obtaining or furnishing information about the identity, habits, business, etc. of a person, then yes, this law may affect them.
But if it is your computer, you are not asking a repair person to tell you who you are or what you do for a living...unless you've got amnesia or are suspicious of you're spouse/child's computer activities. And if the latter is the case, then maybe this isn't an unintended consequence of the law. Just a hint to computer techs: you don't want to be the one to tell Mrs. Smith what her husband's been looking at anyway.
I'll leave this to the lawyers, but as far the "computer repair tech affected under the new law", the only affect so far is that he is operating "under a cloud of uncertainty". Oh, and that he is having to pay for a lawyer.
This law may not apply to computer techs, but Texas has it's eye
On July 8th, 2008 Ron_ (not verified) says:
I do tech support for home and office since '95.
Back in 1995-6, there was some discussion and meetings about a license for computer technicians, similar to a trade license or a professional engineering or law exam (state exam).
Both of these are state issued (generates state revenue) and gives credibility ??? to the particular trade or profession.
Maybe the computer tech industry could use this?