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Opinion
Mickey Spillane Versus Wiley Hacker
7/11/2008
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Can of Worms No. 1: Jurisdiction
Computer forensics involves investigating and analyzing information found on computers and digital storage devices, frequently in developing evidence admissible in a court of law. For example, under pending legislation in South Carolina, gathering digital forensic evidence for use in a South Carolina court of law must be collected by a person with a private investigator license in the state of South Carolina.
Unfortunately, since the Internet is a global phenomenon, cybercrime and the various forms of malware--software designed to infiltrate or damage a computer system--have become global as well. Computer forensic investigators routinely jump state and national boundaries in their quest for digital evidence. What happens if the investigation an in incident in South Carolina involves someone in another state that has similar law to the proposed South Carolina legislation? Do you have to have a PI license in both states? What happens if a South Carolina organization were to engage an out-of-state firm to conduct an investigation?
And South Carolina isn't the only state seeking to regulate digital forensics and restrict the practice to licensed PI's. Georgia, New York, Nevada, North Carolina, Texas, Virginia, and Washington, among others, are considering or have passed such legislation.
State laws regarding licensing vary widely. Michael Kessler, a forensic accountant and computer forensics expert, asked various state agencies two questions: Does a computer forensic technician engaged in providing computer forensic services to the general public have to be licensed as a private investigator? And, does a firm offering computer forensics services to the general public have to be licensed?
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