dc0de wrote:
Here's a what if scenario if the GA HR 1259 get's passed...

I like that. Here is another, actually a comparison of scenarios:

Scenario 1.
I own a major website.
Someone hacks in to my website and installs malware on my machine used to run distributed denial of service attacks.
I call an expert who does the following:
Backup the machine.
Clean up the malware.
Patch vulnerabilities.
Get me up and running again.

It seems clear to me that this is computer forensics and requires a license. That backup is evidence of a computer crime, and so is the work the expert did to figure out what changes were made to the machine so that they could be cleaned up and the vulnerabilities could be repaired.

So, accepting that, consider:

Scenario 2.
I own a desktop PC. I have a cable modem and no firewall. I am not very good at computers.
Someone hacks in to my computer and installs malware on my machine used to run distributed denial of service attacks.
I call an expert who does the following:
Backup the machine.
Clean up the malware.
Patch vulnerabilities.
Get me up and running again.

The difference? The "expert" I likely called was the GeekSquad or CompUSA. Do those people need to be licensed private investigators!?

RE: Forensic felonies - continued