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Publisher

The Association of Digital Forensics, Security and Law (ADFSL)

Abstract

In this update to the 2012 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. As before, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. There is a small trend in which some states are changing definitions or moving to exempt DE from PI licensing requirements. However, we look at some additional information in terms of practicing attorney exemptions that may cloud the licensing waters.

As with the previous research studies (Lonardo et al., 2008, 2009, 2012) the authors contacted all state regulatory agencies where statutory language was not explicit, and as a result, set forth the various state approaches to professional Digital Examiner licensing. Our recommendation remains the same: states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

In this update to the 2012 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. As before, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. There is a small trend in which some states are changing definitions or moving to exempt DE from PI licensing requirements. However, we look at some additional information in terms of practicing attorney exemptions that may cloud the licensing waters.

As with the previous research studies (Lonardo et al., 2008, 2009, 2012) the authors contacted all state regulatory agencies where statutory language was not explicit, and as a result, set forth the various state approaches to professional Digital Examiner licensing. Our recommendation remains the same: states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

References

Bureau of Labor Statistics [BLS] (2014). Retrieved December 24, 2014 from http://www.bls.gov/ooh/Legal/Paralegals-and-legal-assistants.htm#tab-1

Houseman, S. (1990). Flexible Staffing Arrangements, A Report on Temporary Help, On-Call, Direct-Hire Temporary, Leased, Contract Company, and Independent Contractor Employment in the United States. Department of Labor 9.1. Retrieved December 27 from http://www.dol.gov/oasam/programs/history/herman/reports/futurework/conference/staffing/9.1_contractors.htm

Internal Revenue Service [IRS] (2014). Retrieved December 18 2014 from http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Employee-Common-Law-Employee

Lonardo, T., White, D. & Rea, A. (2008). "To License or Not to License: An Examination of State Statutes Regarding Private Investigators and Digital Examiners." Journal of Digital Forensics, Security and Law, 3:3.

Lonardo, T., White, D. & Rea, A. (2009). "To License or Not to License Revisited: An Examination of State Statutes Regarding Private Investigators and Digital Examiners." Journal of Digital Forensics, Security and Law, 4:3.

Lonardo, T., White, D. & Rea, A. (2012). "To License or Not to License Updated: An Examination of State Statutes Regarding Private Investigators and Digital Examiners." Journal of Digital Forensics, Security and Law, 7:3.

Muhl, C. (2002). Who Is an Employee? Determining Independent Contractor Status. Bureau of Labor Statistics, Monthly Labor Review, January 2002(11). Retrieved December 27, 2014 from http://www.bls.gov/opub/mlr/2002/01/art1full.pdf

Shavers, B. (2013). Placing the Suspect Behind the Keyboard: Using Digital Forensics and Investigative Techniques to Identify Cybercrime Suspects (1st ed.). Syngress Publishing.

DOI

https://doi.org/10.15394/jdfsl.2015.1197

 

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