Computer Techs Fight Texas Law Requiring A Private Eye's License

Austin, TX (AHN) - A lawsuit is being filed to protect computer technicians, parents and anyone who searches for a computer virus from a new state law that could require them to obtain a private detective's license.

According to high-tech sleuths the new state law requires them to secure a private detective's license to retrieve data from a computer, analyze it and prepare a report for a client.

The Institute for Justice filed the lawsuit on behalf of techies who feared the state law could drive small computer repair shops out of business. Lawyer Matt Miller said he filed the lawsuit because it was so vaguely worded that the Private Security Board could broadly interpret it.

Rep. Joe Driver, the law's author, said computer technicians have misinterpreted the legislation and called the case a publicity gimmick by a new legal advocacy group. Driver said the law does not cover computer hardware repair service.

According to Driver, only those who make reports to be used in a criminal or civil case, which involves going deep into people's personal lives, would be required to secure the private eye license.

Miller believes the law could apply to anyone who searches for a computer virus, parents who want to watch who their children are emailing or employers tracking the online habits of their staff.

A private investigator's license requires a criminal justice degree or a three-year apprenticeship supervised by a licensed detective. Violators of the new law face up to a year jail term and a $4,000 fine, plus $10,000 in civil penalties.