Law troubles computer repairmen, sparks lawsuit

McALLEN - Texas legislators may have unintentionally ensnared some computer repairmen in a web of rules and regulations designed for private detectives.

The law, passed last year, criminalizes the investigation of certain computer problems without a private investigator's license.

Private investigators support the stringent licensing requirements, saying the rules protect the public's privacy and ensure professional investigations.

State officials say the rules don't apply to services offered by typical computer repairmen and protect consumers from unlicensed investigators. No computer repairmen have yet run afoul of the law.

That explanation didn't satisfy a small group of computer repairmen who sought help from the Institute for Justice, a public-interest law firm. The institute sued the state last month, seeking to overturn the law.

The dispute stems from a short section of law explaining which activities require a private investigator's license. Among other activities, analyzing computer data to determine damage to property requires a license.

So, a repairman who removes a virus and explains how it slowed a computer breaks the law, according to the institute. State officials disagree, saying the law only covers official computer forensic work completed for court cases or other official investigations.

A clarification by the state board that oversees private security services threw more fuel on the fire.

A repairman can't legally examine a company's computers for evidence of employee misconduct and then write a report, according to the board. But the same repairman can give the company a list of everything employees did on the computers without breaking the law.

The board hasn't defined what constitutes a report, said Capt. RenEarl Bowie of the Texas Department of Public Safety, which encompasses the board.

"You have to look at it on a case-by-case basis, you can't throw a blanket over everyone," Bowie said, adding the spirit of the law protects computer repairmen.

The computer repairmen behind the lawsuit are worried the law isn't clear enough to protect them in court, said Matt Miller, executive director of the institute's Texas chapter. Without a clear law, complaints from licensed investigators who lose business to computer repair shops could land repairmen in hot water.

Locksmiths have faced criminal charges after violating similar licensing rules.

After complaints from licensed locksmiths in El Paso, DPS conducted undercover operations this spring to bust their unlicensed competition. Seven unlicensed locksmiths were charged with Class A misdemeanors. Each could face a year in jail and a fine of up to $10,000. Computer repairmen found to be operating as private investigators could face the same penalty.

"The law is both broad and vague," Miller said. "If it was a $50 fine and a slap on the wrist it wouldn't be much of a concern."

Private investigators are pushing similar laws in other states to protect their business from computer repairmen, Miller said, adding those groups are creating government-endorsed cartels through cumbersome licensing requirements.

Randy Kildow, president of the Texas Association of Licensed Investigators, disagreed. Such laws protect the public from unscrupulous investigators and ensure all investigators know and respect privacy laws.

"A computer repairman is not necessarily trained in that aspect," Kildow said.

The institute's lawsuit and media reports on the law caught state Rep. Joe Driver of Garland, who authored the bill, off guard. In a normal year, he said, his office gets about 10 interview requests. During one week last month, he spoke to at least 25 reporters.

Driver said he didn't anticipate the law's effect on computer repairmen and will propose changes if it's found too restrictive.

"If you get three lawyers looking at one word, sometimes you'll get three different answers," Driver said. "If we need to change it, we'll change it."

Driver might not get a chance. The security board plans to address the controversy at a meeting set for Wednesday and could change Texas Occupational Code to clarify the law.

The board doesn't want to leave anything to chance, Bowie said - adding that he hopes the board will settle the dispute, and the lawsuit, at the meeting.

By Dve Hendricks/The Monitor

McALLEN - Texas legislators may have unintentionally ensnared some computer repairmen in a web of rules and regulations designed for private detectives.

The law, passed last year, criminalizes the investigation of certain computer problems without a private investigator's license.

Private investigators support the stringent licensing requirements, saying the rules protect the public's privacy and ensure professional investigations.

State officials say the rules don't apply to services offered by typical computer repairmen and protect consumers from unlicensed investigators. No computer repairmen have yet run afoul of the law.

That explanation didn't satisfy a small group of computer repairmen who sought help from the Institute for Justice, a public-interest law firm. The institute sued the state last month, seeking to overturn the law.

The dispute stems from a short section of law explaining which activities require a private investigator's license. Among other activities, analyzing computer data to determine damage to property requires a license.

So, a repairman who removes a virus and explains how it slowed a computer breaks the law, according to the institute. State officials disagree, saying the law only covers official computer forensic work completed for court cases or other official investigations.

A clarification by the state board that oversees private security services threw more fuel on the fire.

A repairman can't legally examine a company's computers for evidence of employee misconduct and then write a report, according to the board. But the same repairman can give the company a list of everything employees did on the computers without breaking the law.

The board hasn't defined what constitutes a report, said Capt. RenEarl Bowie of the Texas Department of Public Safety, which encompasses the board.

"You have to look at it on a case-by-case basis, you can't throw a blanket over everyone," Bowie said, adding the spirit of the law protects computer repairmen.

The computer repairmen behind the lawsuit are worried the law isn't clear enough to protect them in court, said Matt Miller, executive director of the institute's Texas chapter. Without a clear law, complaints from licensed investigators who lose business to computer repair shops could land repairmen in hot water.

Locksmiths have faced criminal charges after violating similar licensing rules.

After complaints from licensed locksmiths in El Paso, DPS conducted undercover operations this spring to bust their unlicensed competition. Seven unlicensed locksmiths were charged with Class A misdemeanors. Each could face a year in jail and a fine of up to $10,000. Computer repairmen found to be operating as private investigators could face the same penalty.

"The law is both broad and vague," Miller said. "If it was a $50 fine and a slap on the wrist it wouldn't be much of a concern."

Private investigators are pushing similar laws in other states to protect their business from computer repairmen, Miller said, adding those groups are creating government-endorsed cartels through cumbersome licensing requirements.

Randy Kildow, president of the Texas Association of Licensed Investigators, disagreed. Such laws protect the public from unscrupulous investigators and ensure all investigators know and respect privacy laws.

"A computer repairman is not necessarily trained in that aspect," Kildow said.

The institute's lawsuit and media reports on the law caught state Rep. Joe Driver of Garland, who authored the bill, off guard. In a normal year, he said, his office gets about 10 interview requests. During one week last month, he spoke to at least 25 reporters.

Driver said he didn't anticipate the law's effect on computer repairmen and will propose changes if it's found too restrictive.

"If you get three lawyers looking at one word, sometimes you'll get three different answers," Driver said. "If we need to change it, we'll change it."

Driver might not get a chance. The security board plans to address the controversy at a meeting set for Wednesday and could change Texas Occupational Code to clarify the law.

The board doesn't want to leave anything to chance, Bowie said - adding that he hopes the board will settle the dispute, and the lawsuit, at the meeting.

Eliminating uncertainty

Consider the locksmiths

Repair or Investigation?