.: Computer forensics investigators legislation (S580) up in the House

One of the areas of the Blogland's focus is with issues related to law enforcement and judicial matters. Having grown up in a cop household, these issues are very real to me, thus I tend to be involved and aware of what's going on. These days, my father is a well-regarded computer forensics investigator who got a lot of state and national media exposure for his role in the Kate Waring mission person and murder investigation.

The use of computer forensics as an investigative tool has led to the misconception that they are private investigators, thus should be licensed as such. There is credible evidence which points to this as a very different, hence separate, profession, thus should not be lumped into the same category. Many states have updated their laws to create a clear distinction between the two fields and exempt computer forensics investigators from being subjected to the registration processes which are applied to private investigators.

Senate Bill 580 would allow South Carolina to do the same, thus freeing that profession from red tape which is the result of a lack of understanding of technology and how to use it as an investigative tool. The bill has moved through the Senate and will be heard this week by a?subcommittee?in the House LCI?Committee. Legislators need to the right thing and pass this bill forward.

RESOLVED, That the American Bar Association urges State, local and territorial legislatures, State regulatory agencies, and other relevant government agencies or entities, to refrain from requiring private investigator licenses for persons engaged in:

? computer or digital forensic services or in the acquisition, review, or analysis of digital or computer-based information, whether for purposes of obtaining or furnishing information for evidentiary or other purposes, or for providing expert testimony before a court; or

? network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network.

FURTHER RESOLVED, That the American Bar Association supports efforts to establish professional certification or competency requirements for such activities based upon the current state of technology and science.

The reality is that computer forensics investigators are different than private investigators in what they do and how they qualify for their work. Their training and development is highly technical and ongoing, as the need to keep up with advancing technology means they undergo far more training than private investigators, without the need for government mandates or red tape.?

While it makes sense to regulate some professions, it makes little or no sense for this profession to be tied down by a mistaken association with private investigators. Thus legislators should pass S580.

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