I just received fairly reliable word that the Georgia Private Investigator Felony Statute has been vetoed by the Governor. Unfortunately I don't have a press link on that, so if anyone out there has a secondary source they can confirm this through, that would be helpful, but it seems like the Governor has heard the message from the technology community and understood the ramifications of this law. Thank you to everyone who communicated with them!

Confirmed:

The existing definition of “private detective business,” continued in this bill, in conjunction with the applicable exemptions in the law, fails to exclude from the private investigator licensing requirement many professions that collect information or may be called as expert witnesses in court proceedings. To expand the penalty from a misdemeanor to a felony without revision of the existing definitions in the law could result in unintended consequences; I therefore VETO HB1259.

For those of you who care about Computer Forensics, please see the current situation in Georgia.

There is a bill before the GA Legislature -- HB 1259

If passed, it will make it a Felony to perform and testify in a State Court about any computer forensics performed, unless you are a licensed Private Investigator.

This law will put honest, local companies out of business, unless they go and get licensed. Note, the GA requirements for a Private Investigator have NO REQUIREMENTS to have ANY computer forensics expertise, nor is there any training regarding how to collect the evidence.

Several other states already have these laws, which only allows Licensed private investigative services company to perform and testify to any computer forensics related evidence. (Note, this would also include any IT Audit records, not specifically limited in any way to performing "Encase" like hard drive forensics.)

If you live in GA, please contact the Govenor and ask that he VETO HB1259.

-----------------------------------------------

From: "Scott A. Moulton" smoulton@nicservices.com
Date: Mon, 17 Apr 2006 22:05:56
To:REDACTED
Subject: Testifying in Court on 04-06-06

Mr, Julian, I am writing this to document the events that took place on Thursday April 6th, 2006. I was called as an computer forensic
expert witness totestify for Superior Court of Coweta County, Georgia. I have testified before on one previous occasion in Cobb County and was accepted as a computer forensic expert. I have over 5 years computer forensics as well as over 20 years experience in the computer service industry.

While waiting outside the court, GBI Agent Vicki Adams told me that in the courtroom with the Prosecutor Kevin McMurry was Jim Persinger.

She stated that he use to be a Cobb County Police Officer and now a Private Investigator and owns PM Investigations and that he does
computer forensics. She was telling about the computer forensic software that Jim had written and that she was going to get a copy of his newest creation.

When I was called to the stand, the defense attorney Steven Sadow, introduced my skills and asked that I be accepted as a
computer forensics expert witness. The prosecutor, Kevin McMurry, asked to reserve that answer until after he questioned me.

Prosecutor Kevin McMurry began by questioning me if I had done a report specifically for this court or legal purpose? He proceeded to
question whether I had a degree in criminal justice or if I had any law enforcement training? Prosecutor Kevin McMurry questioned me about my background in private investigation and then he asked if I had ever worked for a private investigator? He questioned if my company was licensed to practice as a private investigation firm? Prosecutor Kevin McMurry followed by questioning if I had even applied for my private investigator license and then acted appalled that I... [ Read More (0.4k in body) ]

A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to private detectives and security agencies, so as to revise a definition;

HB 1259 is back, and if anything it is worse. If this bill becomes law it will be a felony for CompUSA to remove virsuses from infected computers without a PI licence and a law enforcement professional on staff. If you are computer consultant and you respond a computer breakin you could face a year in prison under this statute.

This matter requires national attention from the IT Industry. Now.

Georgia General Assembly - HB 504

The following quotes are from a reported posted to the Atlanta Linux Enthusasts mailing list by Greg Freemyer.

First some opinions (JV = John Villanes CH = Calvin Hill)

1) (JV) As it stands any third party that collects evidence for use in a criminal/civil suit is subject to the existing PI licensing law. The penalty is a misdemeaner and a relatively small fine. ie. a few hundred dollars I believe. They are starting to get complaints about Computer Forensic professionals not having there PI license.

Some more background on this would be useful. What is the basis of the complaints? And who is making them?

2) (CH) There is intense pressure on the legislature to regulate individuals with access to sensitive data.

From who? What is considered "access to sensitive data"?

3) (JV/CH) There is pressure to stop abuse of the GA PI law that allows PI companies to face minimal sanctions if they employ felons and allow them to carry guns. This is apparently the driver that caused HB 1259 to upgrade the offense of vialoting the PI license to be a felony.

They should handle this issue in a bill separate from any attempting to regulate the information security industry. This appears to have been the main driver, so handle it on its own. We don't need issues with felons carrying guns effecting the information security industry. These are issues that don't connect.

4) (JV/CH) HB 1259 will be back next near in some way shape or form.

See my above comment...

5) (JV) The PI Board has a written regulation (IIRC) that individuals covered by other GA licensing boards will not be covered by the PI board. (I'm not sure what this means if you are arrested. i.e You are still breaking the law, it is just a regulation that says that MDs/CPAs/Engineers/etc. are not required to have their PI license.)

This is one of the core problems that needs to be addressed. If you are a CPA, doctor, engineer, or information security expert, you should not be breaking the law in the process of practicing your craft in good faith.

6) (JV) My interpretation of what he said is that a IT consultant responding to a client issue that intentionally gathers evidence for potential use at a criminal/civil trial needs to be a PI today, and needs to be regulated in some manner in the future. His question was "Why not the PI board?"

7) (JV/CH) Employees of the violated company do not need to have a license. ie. If you are part of an inhouse IT security group you don't need a PI license, it is only if you are an outside consultant or work for a 3rd party (IT) security firm that you need a PI license.

Well, now a few reasons are being presenting a... [ Read More (0.2k in body) ]

[ale] IT Security (Evidence Collection) and HB 1259

Ok...

Here's a what if scenario if the GA HR 1259 get's passed...

1. I am asked to go to a friends house to look at something odd on his VPN connnection.

2. I discover that he is witnessing someone steal Intellectual property from the company HE works for.

3. He turns the thief into the his company, and explains that I identified the network traffic that brought this to their attention.

4. They take the thief to court, and I am called as a witness.

5. I am asked what I did to identify the traffic, and at this point, I'm in a Catch22.

Do I explain what I did and risk being charged with a FELONY as having performing forensics without a P.I. license?

-Or-

Do I plead the 5th Ammendment, and allow the thief to go free?

Also, what if I am "compelled" to give my testimony? What if the company makes a sworn statement that I was the one that helped identify the thief? Wouldn't I still be liable for performing forensics without a license?

Wow...I can't even HELP people anymore?

Now that's messed up.

] Most of the stars shunned politics at this Oscar ceremony
] but the personal was truly political for filmmaker
] Michael Moore, who finally received some long-deserved
] recognition from the Academy when he won the best
] documentary feature award for "Bowling for Columbine".
] Moore not only brought his wife and the film's producers
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]
] After thanking the film's producers, Moore launched into
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] calling him a " fictitious president" who won with
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Stars Shun Politics, Except for Michael Moore