Post Process

Everything to do with E-discovery & ESI

Legal Challenge to Texas’ PI Law emerges: Standing up for the Computer Technician

Posted by rjbiii on June 28, 2008

The Institute for Justice, with a newly opened Austin chapter, has decided to challenge the new Texas statute that appears to mandate that some computer techs must obtain a private investigator’s license:

Under the new law enacted in 2007, Texas has put computer repair shops on notice that they had better watch their backs any time they work on a computer. If a computer repair technician without a government-issued private investigator’s license takes any actions that the government deems to be an “investigation,” they may be subject to criminal penalties of up to one year in jail and a $4,000 fine, as well as civil penalties of up to $10,000. The definition of “investigation” is very broad and encompasses many common computer repair tasks.

Interestingly, the article doesn’t mention anyone in this industry, which is also greatly threatened by the statute’s impact. Think I’ll talk to the attorneys involved, perhaps providing them with this information. If I get hold of them, I’ll let you know what they say.

Post Process will follow the progress of the lawsuit and blog what we hear. You’ll recall that we’ve discussed the Texas law (here) and the Michigan law (here).

Another approach is for the industry to take an active role in discussing these proposed laws as they begin to surface in the state legislature. I haven’t heard of any activity on that front, yet.

5 Responses to “Legal Challenge to Texas’ PI Law emerges: Standing up for the Computer Technician”

  1. Tod said

    Thanks for the link to the legislation; I spent literally dozens of seconds trying to find it, and tens of seconds more writing about it here

    /very annoyed at the lack of sources in the news about this (non)issue.

  2. rjbiii said

    Don’t know if I’d characterize it as a non-issue, but you are very welcome.

  3. I’m one of the plaintiffs on the case and have written up all that I know on the case, the law, and how it affects us as computer technicians and operators in Texas on my blog.

    I’ll be updating my blog as the case continues.

  4. […] PostProcess, an E-Discovery and ESI issues blog […]

  5. […] by rjbiii on July 1, 2008 An update on the licensing issues discussed here, here, and here, with a couple of helpful […]

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