RE: PI to do Forensics? WAS: Re: Two questions

[Craig Wright <Craig.Wright () bdo com au>]

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

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Craig.Wright () 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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