According to an interview by Networkperformancedaily, with Matt Miller of the Institute for Justice, "Last year ( 2007 ), the state of Texas passed a law that basically said that to perform a lot of types of data analysis; you have to have a private investigator's license. And, if you perform that analysis without a license, or if you are a customer and you seek to have that analysis performed by somebody without a license, it is punishable by up to one year in jail and up to $14,000 in fines."
ThiSo this is not a new case, but it's important, and it's not over, and you should follow this and similar cases in other states, as it could severely limit your ability to do parts of your job.
As IT professionals, security and related operations have always been part of the job of designing and administering systems, maintaining uptime, and investigating problems.
The summary statements of the laws we discuss here sound sensationalist, and indeed, the devil is in the details. However I'm not going to dissect the related laws from every state. I will review the important aspects, and try to avoid exaggeration. I will also provide POV from the Private Investigator, through interviews.
For now, some good resources are :
http://legal-beagle.typepad.com/wrights_legal_beagle/computer-forensics-license/
http://hack-igations.blogspot.com/2008/12/digital-forensics-private-eye-pi.html
http://www.networkperformancedaily.com/2008/07/interview_with_matt_miller_w_i.html
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