|
Computer repair technicians may be acting illegally
Group deems license law unconstitutional, sues on techs' behalf
By Katy Justice
Computer repairman and AustinPCTech owner Mike Rife had no idea - until a month ago - that he frequently breaks the law when he repairs his customers' computers.
The Institute for Justice, a legal advocacy group for entrepreneurs, informed Rife last month of a Texas state law requiring computer repair shops to have a private investigator's license to fix computers. The institute filed a lawsuit Thursday against the Texas Private Security Board claiming that the law is unconstitutional. According to the law passed in the 2007 Texas legislative session, the private investigator's license is required for repair technicians to analyze their customers' computer data. This analysis is common for business managers who wish to track their employees' computer usage or families who want to find out where their children or spouses have been online, said Matt Miller, executive director of the institute. "Anyone that analyzes computer data has conducted this regulated service and needs a license," Miller said. Rife said he determines how computer viruses originate by evaluating private data. He frequently repairs family computers that have viruses and is often asked to discover if a family member's account caused the virus. If a computer repair technician conducts a computer service that the government considers an investigation, the technician could be subject to a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. This law also considers consumers who knowingly enlist an unlicensed company to perform an investigative repair subject to the same penalties. To obtain a private investigator's license, computer repair shop owners would have to close their businesses for up to three years to either earn a criminal justice degree or complete an apprenticeship under a licensed private investigator, Miller said. "We are just a small shop," Rife said. "It would have a very serious impact if our business had to sign up for an entrepreneurship and pay the required fees," Until then, Rife said he is going to be more careful with which repairs he chooses to perform. "I am just going to have to be really careful in scrutinizing work and the questions we are answering," he said. The Texan strives to present all information fairly, accurately and completely.
If we have made an error, let us know about it here, or email managingeditor@dailytexanonline.com. |
Be sure to include your name, major, and classification. Submissions without this information are subject to deletion.
By clicking Post, you give The Daily Texan the right to publish your comments in any form, including online and in print in The Firing Line. Please limit your comments to 300 words. The Daily Texan reserves the right to edit all comments for brevity, clarity and liability.
You may also send Firing Lines to the editor at firingline@dailytexanonline.com
Viewing Comments 1 - 10 of 54
buddy
posted 6/27/08 @ 9:07 AM CST
More government control; that's what it's all about.
barb
posted 6/27/08 @ 3:43 PM CST
Wow what a way to screw over small businesses. Surely there would be some way for it not take to 3 years. Sure a larger place like the Geek Squad probably would have 1 or 2 workers with the license while other staff would have to go through getting a degree or apprenticeship, but the small mom & pop business can't make a go that way. (Continued…)
Humberto Bustamante
posted 6/28/08 @ 11:13 AM CST
YES, YOU VILL DO IT AND YOU VILL LIKE IT!!! SIEG HIEL! Dumkoff publc swine.
Alan
posted 6/30/08 @ 11:48 AM CST
I would think that if the computer owner signed a limited power of attorney to the technician to analyze the data on their behalf, it probably would circumvent the "law". (Continued…)
rarchimedes
posted 6/30/08 @ 4:35 PM CST
Has "The Daily Texan" sunk down to tabloid status or is it just this one idiotic writer who has somehow convinced the editor to publish this trash. Where is the confirmation that this wording actually exists in state law. (Continued…)
Jean Renoux
posted 6/30/08 @ 5:15 PM CST
Viva Mussolini, who seems to be still alive. Facism is not dead and politicians' stupidity is growing. Oh! What a beautiful world!
DeeGee
posted 6/30/08 @ 10:45 PM CST
This from the state that gave us G.W. Bush... what else is new.
Alan R
posted 7/01/08 @ 9:26 AM CST
This is why state goverment is dumb because they don't read a bill they just pass it and then go back the the public money pit. Gee I hope none of the state goverments computers need fixing there will be no one to repair them. (Continued…)
rarchimedes
posted 7/01/08 @ 9:33 PM CST
Jim G.,
You might want to read what you post. Here is the appropriate paragraph from the pdf that you pointed towards:
"With respect to the statutory reference to "securing evidence for use in court," we would suggest that the mere accumulation of data, or even the organization and cataloging of data for discovery purposes, is not a regulated service. (Continued…)
Matt Simpson
posted 7/02/08 @ 2:23 PM CST
Someone needs to do a little more investigative work before the write an article like this. A computer technician only needs to be licensed as private investigator if they are doing computer work that is related to investigating a computer crime. (Continued…)
Post a Comment