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

["Scott Moulton" <SMoulton () nicservices com>]

I am not on the list and if someone can add me great. 

I have been in touch with many people including the board of the Academy
of Forensic Sciences, HTCIA, blah blah, including working with a House
Representative to craft a Forensic Law in Georgia, that did not go over
well and was not submitted. Not many sources on this stuff but I
understand that the law is being submitted in Michigan, Maryland, and of
course Georgia.  I understand it to be enforced in Texas, South
Carolina, and North Carolina. That it is passed in California and is not
being enforced there. A different by strange law tried to pass in Nevada
and failed. It is not a crime in Delaware and has a law protecting
Forensics as not being a PI.  I maybe wrong on all of these as they are
all second hand news. 

My understanding is pretty clear on the fact that crossing state
boundaries for work as a third party may be a problem and that any one
that collects digital evidence for any purpose needs to be a PI or risks
felony charges.  This affects other fields also that do not have
professional licenses, such as Forensic Handwriting analysts looking at
digital bank records, etc.

I am not sure what you guys are looking for but if there is a certain
question I can answer, I will be happy to.



----------------------------------------------------------
Scott A. Moulton / Certified Computer Forensic Specialist 
Forensic Strategy Services, LLC & My Hard Drive Died &
Network Installation Computer Services, Inc.
----------------------------------------------------------
601b Industrial Court, Woodstock, Ga 30189 
Phone: 770-926-5588 Fax: 770-926-7089
Web: www.NetworkInstallation.com
Web: www.ForensicStrategy.com
Web: www.MyHardDriveDied.com
----------------------------------------------------------


-----Original Message-----
From: Jon R. Kibler [mailto:Jon.Kibler () aset com] 
Sent: Tuesday, February 26, 2008 10:16 AM
To: security basics
Cc: Bert Knabe
Subject: PI to do Forensics? WAS: Re: Two questions

SCOTT -- Sorry for the intrusion. I know that you are probably not a
member
of this mailing list. However, if you have a minute, would you please
explain
to this list what is the status of the 'PI to do forensics' laws and
their
ramifications to the average IT person doing forensics? THANKS!



Bert Knabe wrote:
> Can you point me to sources about the possibility of needing a PI or 
> other license to do forensics and incident response? I'm the local 
> responder for our site. It sounds like I may be ok for now, being part

> of the IT staff, but I'd like to know more. I'd especially like to
know 
> more before I go to corporate with questions.
>
> Thanks,
>
> Bert Knabe
> Technician
> Lubbock Avalanche-Journal
> 806-766-2158

Hi,

Lubbock, TX? My understanding -- you're burnt toast.

The person we REALLY need to get in on this discussion is Scott Moulton.
He is the real expert on this subject. He has lead the fight against
this
for several years. His home state, GA, was the first to pass the PI law.
At Shmoocon he was attributed as having said that GA, NC, SC, TN, and TX
all now have the PI law.

Being from SC, it is on my agenda to see what our law now is and to try
to start to get it changed. I just haven't had time yet and will not
have
time until at least the end of next week.

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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