PC Repair In Texas Now Requires a PI License..... - DFWstangs Forums
 
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post #1 of 26 (permalink) Old 07-02-2008, 09:28 AM Thread Starter
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PC Repair In Texas Now Requires a PI License.....

Texas PC Repair Now Requires PI License
06.30.08

From its Texas Rangers to its enthusiastic take on the death penalty, the Lone Star State has long been known for its aggressive stance on law enforcement. Thanks to a strange new law, it's a sting that may soon be felt by a number of the state's computer-repair people.

A recently passed law requires that Texas computer-repair technicians have a private-investigator license, according to a story posted by a Dallas-Fort Worth CW affiliate.

In order to obtain said license, technicians must receive a criminal justice degree or participate in a three-year apprenticeship. Those shops that refuse to participate will be forced to shut down. Violators of the new law can be hit with a $4,000 dollar fine and up to a year in jail, penalties that apply to customers who seek out their services.

Some of the area's larger companies already employee technicians with PI licenses, a fact which generally doesn't apply to small computer repair shops.

http://yro.slashdot.org/article.pl?n.../07/01/1940251

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post #2 of 26 (permalink) Old 07-02-2008, 09:46 AM
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And then they wonder why people go off the deep end and start doing stupid shit like blowing things up.
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post #3 of 26 (permalink) Old 07-02-2008, 10:28 AM
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Thats about as dumb as your front plate bullshit law.
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post #4 of 26 (permalink) Old 07-02-2008, 10:31 AM
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and the reasoning is?

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post #5 of 26 (permalink) Old 07-02-2008, 10:42 AM
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supposedly so that if child porn and such is found, it can be used as evidence. More likely, it's to run the competition out of business. It's all bullshit. Even the customer can be hit with a fine.

Magnum, P.C.?
New Texas Law Limits Computer Repair To Licensed Private Investigators
Institute for Justice Texas Chapter Opens in Austin with Challenge to Statute
WEB RELEASE: June 26, 2008
Media Contact:
Matt Miller (512) 480-5936
John Kramer (703) 682-9320

[First Amendment]
________________________________________


IJ client Mike Rife cannot compete with a government-created cartel that demands he close his businesses and complete a three-year apprenticeship under a licensed private investigator to get a state-required license to fix computers.
Austin, Texas—The Institute for Justice—the nation’s leading litigators for entrepreneurs who find their rights violated by the government—opens its new Texas Chapter today by filing a lawsuit against the Texas Private Security Board, a state agency, on behalf of computer repair shops that are being told they need a private investigator’s license to continue solving their customers’ computer problems.
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.
To get a private investigator’s license, owners of computer repair shops would have to close their business while they either obtained a criminal justice degree or completed a three-year apprenticeship under a licensed P.I.
But the repair shops are not the only ones at risk. The law also criminalizes consumers who knowingly use an unlicensed company to perform any repair that constitutes an investigation in the eyes of the government. Consumers are subject to the same harsh penalties as the repair shops they use: criminal penalties of up to one year in jail and a $4,000 fine, and civil penalties of up to $10,000—just for having their computer repaired by an unlicensed technician.The newly launched Institute for Justice Texas Chapter (IJ-TX) is challenging the new law under the Texas Constitution by filing a lawsuit in Travis County against the Private Security Board on behalf of Texas computer repair companies and their customers.
Mike Rife, one of the plaintiffs in the suit, operates AustinPCTech, a company he started more than 10 years ago. Rife has hundreds of satisfied customers and his business is thriving. Rife now operates under a cloud of uncertainty about which repairs the government will allow him to perform for his customers.
David Norelid, another plaintiff, is co-owner of Citronix Tech Services in Houston. Norelid started Citronix in Florida before moving to Texas to pursue his degree in information technology management. Norelid said, “If I was required to get a P.I. license to run my business, I’d have to shut my business down.” The flexibility of being an entrepreneur allows him to work full time while going to school.
Rife and Norelid do not doubt their ability to compete with so-called “big box” competitors in the computer repair business. What they cannot compete with is a government-created cartel that demands they close their businesses and complete a three-year apprenticeship under a licensed private investigator to get a state-required license—or risk jail time and large monetary penalties if they continue serving their customers without one.
Thane Hayhurst owns and operates Kiwi Computer Services and iTalent Consulting Group, both in Dallas. Kiwi Computer is a traditional do-it-all computer repair company that Hayhurst has operated in Dallas since 1992. More recently, Hayhurst opened iTalent Consulting, which offers IT outsourcing services to many prominent local businesses. iTalent sends employees on assignments (some lasting for many months) to clients’ businesses where the consultant works to implement on-site computer and IT solutions. Both of Hayhurst’s businesses are impacted by the new law because he and his employees are not licensed private investigators. Hayhurst is worried the government will decide he can no longer offer many of the services he currently provides to his clients. Hayhurst said, “There are thousands of computer contractors performing valuable services for almost every organization in Texas, and this law will hinder their ability to remain gainfully employed.”
Joining the computer repair companies as a plaintiff in this case is consumer Erle Rawlins, who frequently uses independent computer repair shops to keep his Dallas-based real estate buyer agency business running. Rawlins said, “This law is totally unfair. It requires using someone who is more expensive and may not be as good, and it uses government power to limit the number of competitors who are out there. It is bad for consumers and it is bad for entrepreneurs.”
The filing of this case marks the launch of IJ-TX in Austin. Lead attorney on the case is IJ-TX Executive Director Matt Miller. Miller said, “Texas is working hard to bring technology innovators to our state. Yet the government is now telling them they need to get a private investigator’s license if they want to continue working here. That is not an effective strategy to grow our technology talent pool.”
Miller concluded, “It makes no sense to require a computer repairman with 10 or 20 years of experience to get a degree in criminal justice just to continue working in his occupation. This law will drive up the price of computer repair for everyone, and that’s exactly what the private investigations industry wants.”
The Institute for Justice is a public interest law firm that advances a rule of law under which individuals can control their destinies as free and responsible members of society. IJ has additional chapters in Arizona, Minnesota and Washington state. IJ-TX litigates under the state and federal constitutions to reinvigorate economic liberty, preserve property rights, promote educational choice and defend the free flow of information essential to politics and commerce.

Last edited by line-em-up; 07-02-2008 at 10:51 AM.
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post #6 of 26 (permalink) Old 07-02-2008, 10:45 AM
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that is fucking stupid.

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post #7 of 26 (permalink) Old 07-02-2008, 11:23 AM
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I'm pretty sure it won't last long. I can understand if a company was hired to do specific searches, but for my guys to replace a hard drive in a server, or configure Active Directory or Project Server, what good is it?

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post #8 of 26 (permalink) Old 07-02-2008, 11:27 AM
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This is dumb.

I'm sure larger corporations would be affected by this also?
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post #9 of 26 (permalink) Old 07-02-2008, 11:32 AM
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Quote:
Originally Posted by Skidmark
This is dumb.

I'm sure larger corporations would be affected by this also?
I'm wondering how far it will go? Do you just have to employee one PI on staff, or anyone who works on a computer must be licensed? If so, it's going to kill the industry, hundreds of companies, including major firms. Hell I wouldn't be suprised if the majors just pulled all operations out of Texas.

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post #10 of 26 (permalink) Old 07-02-2008, 11:48 AM
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Maybe I'm missing it... but this is all i could find...

b) For purposes of Subsection (a)(1), obtaining or
furnishing information includes information obtained or furnished
through the review and analysis of, and the investigation into the
content of, computer-based data not available to the public.

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post #11 of 26 (permalink) Old 07-02-2008, 01:24 PM
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Helpdesk agents technically repair PCs. They remote into them...
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post #12 of 26 (permalink) Old 07-02-2008, 01:25 PM
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Fuck that nonsense!
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post #13 of 26 (permalink) Old 07-02-2008, 01:35 PM
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I wonder if this affects private individuals who do repairs from home?

But god damn, a PI License to repair a PC?

I need to read the HB2833, but I'ts fuckin' long.
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post #14 of 26 (permalink) Old 07-02-2008, 01:36 PM
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says we need a 3 year criminal justice or PI course? lmfao
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post #15 of 26 (permalink) Old 07-02-2008, 02:56 PM
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When does this go into effect, and does anyone know if the lawsuit will hold this up while it's in litigation?
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post #16 of 26 (permalink) Old 07-02-2008, 03:22 PM
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Man.. the more i see this.. the more it's fucked.
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post #17 of 26 (permalink) Old 07-02-2008, 04:53 PM
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The discussion i've been reading about this is that you only need the license if you do forensic type work on computers. Just fixing them should not be an issue. Another vague ass texas law with unintended consequences passed by rick perry's bunch of dumbasses in austin. Anyway, it's headed to court and I expect it'll get revoked pretty quick; if the law really intends to target ordinary repair techs then it'll put a shit load of people out of work, and it'll kill a lot of businesses. Great move in a time of economic difficulty.
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post #18 of 26 (permalink) Old 07-02-2008, 05:11 PM
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and this will only drive up the cost on forensic investigations.

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post #19 of 26 (permalink) Old 07-02-2008, 09:48 PM
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Time to invest in myself for my side company.

Need me to come swap memory? 500/hr, 12 hour minimum. heh

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post #20 of 26 (permalink) Old 07-03-2008, 06:34 AM
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By that logic, all Day Care attendants should have PI licenses too. After all, they can spot symptoms of child abuse and report it. That is "collecting evidence". Heck, all grade school teachers too!

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post #21 of 26 (permalink) Old 07-03-2008, 06:39 AM
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collection evidence and grade school teachers.....sounds like a bad porn flick.

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post #22 of 26 (permalink) Old 07-03-2008, 07:18 AM
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wait what the fuck?
so if fix peoples computers on side i need to be a PI now? im supposed to snoop for files? wouldnt there be something similar to doctor patient confidentiality in place?

i.e: guy takes computer to geeksquad to get a video driver fixed, guy gets arrested for 10 gigs of horse porn.
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post #23 of 26 (permalink) Old 07-03-2008, 07:34 AM
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Quote:
Originally Posted by momo stallion

i.e: guy takes computer to geeksquad to get a video driver fixed, guy gets arrested for 10 gigs of horse porn.
LOL, go to geeksquad=deserve to get fucked.
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post #24 of 26 (permalink) Old 07-03-2008, 07:46 AM
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Frankly, I think it would be bad for business when a company gets known for narc'ing out people for perceived illegal stuff on their PC.

i.e. Just cause you see a horse cock does not mean it is bestiality. IMHO, in most cases PC techs don't need to be snooping around THAT much. I fully understand how it can accidentally happen, but most times I've found good stuff on PCs is when I was bored and snooping around.

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post #25 of 26 (permalink) Old 07-03-2008, 04:29 PM
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This is gay as fuck, but do you think companies would have you get those licenses? No, too many i.t. guys in this world, would make no sense. Granted, like someone said above, if you work for a company that does that kind of shit then yeah, but the typical i.t. person? no...

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post #26 of 26 (permalink) Old 07-04-2008, 04:09 PM
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Quote:
Originally Posted by ceyko
Frankly, I think it would be bad for business when a company gets known for narc'ing out people for perceived illegal stuff on their PC.

i.e. Just cause you see a horse cock does not mean it is bestiality. IMHO, in most cases PC techs don't need to be snooping around THAT much. I fully understand how it can accidentally happen, but most times I've found good stuff on PCs is when I was bored and snooping around.

Take care
It was one of those companies like geeksquad that recently busted their own employees for running their own in-house porn server, the porn being copied from customer's computers. So yes you can expect that in many cases the tech might just do a quick scan for porn files if you use a company like that.
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