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Forensic felonies
Mark Rasch, 2006-04-24

A new law in Georgia on private investigators now extends to computer forensics and computer incident response, meaning that forensics experts who testify in court without a PI license may be committing a felony.

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Forensic felonies 2006-04-24
Anonymous
Well, As usual a great article. Though I disagree with certified people and no actual skills. I think most certified people are people who mug up details and vomit on the exam paper.
Yes, there are great analytical challenges in the computer forensics, and I doubt the so called license they achiev...

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Forensic felonies 2006-04-25
ITDefPat (1 replies)
Required reading on this should include
http://digg.com/security/Computer_Security_and_Forensics_Ill
egal_in_GA

Note the comment from GA P I association.

Another case of a catch-22 on a grandiose scale. Any company using their logs, monitors and so on for any action - administrative or crimia...

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Re: Forensic felonies 2006-05-02
Craig S Wright
A company has a right to do this - see property law 101. Without getting into the details, evidence for an incident is NOT evidence in court.

Craig...

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Forensic felonies 2006-04-25
Tim Oman (2 replies)
Mark, in this article, has unfortunately not addressed the existing "certifications" by leading international forensic organizations, which require an enormous combination of training, testing and documented experience. Requiring a PI license appears to me to be another government method of collecti...

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Re: Forensic felonies 2006-04-25
Mark D. Rasch (1 replies)
Certification and licensure are separate issues. Certification is a voluntary act of demonstration of qualifications or at least an ability to pass an exam. The marketplace determines the value of such certification. Licensure is a mandatory government act without which you cannot operate in a gi...

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Re: Re: Forensic felonies 2006-05-02
Craig S Wright (1 replies)
I thought you had a law degree. A license is no such thing. A license issued under statutory provisions does not all licenses make.

Re read some of your intro property law texts and read license. Anyone can issue a license. Eg Licenced Pen Tester. You are conflicting a statutory requirement with...

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Re: Re: Re: Forensic felonies 2006-05-12
Kelly Martin
Craig, laws are not all the same across different countries, from Australia to the U.S.

You might want to look into Mark's legal background before making a public statement like that.

Regards,
Kelly Martin
...

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Re: Forensic felonies 2006-05-15
DoktorThomas
Judges already have the power to detremine who is and who is not an expert.... your license(s) and experience mean nothing if the judge says they mean nothing......see "Daubert" and its progeny....

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See also: 2006-04-25
ChrisH
The Virginia Code:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+9.1-138.
..

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Forensic felonies 2006-04-25
wpn
Hmm, I wonder how ISS feels about this? They're based in Georgia.
...

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Forensic felonies 2006-04-25
Anonymous
I would think that the credentials should be part of the qualifications. If a person is employed by a corporation and conducts only investigations relative to that specific corpoation, either for criminal or civil cases, the law should not apply....

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PI Qualifications 2006-04-26
John Foster (2 replies)
Another complicating issue in GA is that in order to be a PI you need a 4yr degree in Criminal Justice, unless you have prior peace officer experience. It's hard enough to find employees with a degree in GA (28% graduation rate) if you work at a place that blindly requires a degree because HR says ...

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Re: PI Qualifications 2006-05-15
Ted Wallerstedt
While it is not a BS, I have an AS in Criminal Justice and a BA in Computer Info Systems. It can't be that rare....

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Re: PI Qualifications 2006-06-15
Anonymous
Yes, but imagine the competency of an investigator with a synthesis of both disciplines!?...

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Forensic felonies 2006-04-27
Anonymous
This is crazy. I don't see how being a PI relates to conducting computer forensic investigations or incident response. As mentioned above, the courts should retain control on who they deem an expert for a case. Things like this just unecessarily complicate things, and I think that it will cause much...

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Forensic felonies 2006-04-27
Jay C. James (1 replies)
Like any other dry subject bearing expert testimony in the court system, there should be a standard as to how someone is judged 'expert'.
Most of the time I feel that a judge is going to be hard pressed to determine effeciency of an expert witness, eventually allowing or disallowing an appearance ...

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Re: Forensic felonies 2006-05-08
Mark Rasch
Dog the bounty hunter is NOT a PI. He is a bounty hunter.. no license required....

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Forensic felonies 2006-05-09
Anonymous
Licensing of doctors, nurses, attorneys, engineers, etc. is a means of creating order from chaos and a tool that our society has used to instill public confidence in those practitioners. Anyone attempting to ascertain the professional bonifides of a computer security practitioner may be handed a li...

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Georgia Blinkes 2006-05-10
Mark D. Rasch
The Georgia governor, concerned that the language of the statute was too broad, vetoed the proposed GA law....

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Forensic felonies 2006-05-15
DoktorThomas
Last shot: I am a former defense attorney and as I read that law it does say the crime has to be against the country, state, county, city or any subdivision. Nothing about crimes against individuals--which corporations are; I guarantee my client gets off without having to have a license.........

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