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Prior Publisher

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

Abstract

In this update to the 2009 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners, but do see a trend of more states making some distinction. 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. As was the case in the previous two iterations of this research, the authors conclude that states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

References

Addo Enterprises, Inc. (2009). PI State Licensing Requirements. Safety Basement. Retrieved from http://www.safetybasement.com/category_s/377.htm

American Bar Association (ABA). (2009). Section of Science and Technology Law, 301. Retrieved from http://www.abanet.org/leadership/2008/annual/recommendations/ThreeHundre dOne.doc

International Society of Forensic Computer Examiners (ISFCE) (2012). Certified Computer Examiner. Retrieved from http://www.certified-computerexaminer.com/

Kramer, J. (2009). Texas Government-mandated Computer Repair License Does Not Compute. Institute for Justice. Retrieved from http://www.ij.org/index.php?option=com_content&task=view&id=2189 &Itemid=129

Lonardo, T., White, D., & Rea, A. (2008). To License or Not to License: An Examination of State Statutes Regarding Private Investigators and Digital Examiners. The 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. The Journal of Digital Forensics, Security, and Law, 4(3).

Mesis, J. (2011). Private Investigator License Requirements by State. Private Investigator Magazine. Retrieved from http://www.pimagazine.com/links_Licensing.htm

Rife vs. Texas Private Security Board. (2007). cTex. Occ. Code § 1702.381

SANS. (2012). GIAC Certified Forensics Analyst. Retrieved from http://www.giac.org/certifications /security/gcfa.php

White, D., Lonardo, T., & Rea, A. (2012). pilaws. http://twitter.com/pilaws

White, D., & Micheletti, C. (2008). Annual Survey of CCE Results. In Proceedings of the Decision Sciences Institute Conference. Baltimore, MD. November.

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