For those of you who care about Computer Forensics, please see the current situation in Georgia.
If passed, it will make it a Felony to perform and testify in a State Court about any computer forensics performed, unless you are a licensed Private Investigator.
This law will put honest, local companies out of business, unless they go and get licensed. Note, the GA requirements for a Private Investigator have NO REQUIREMENTS to have ANY computer forensics expertise, nor is there any training regarding how to collect the evidence.
Several other states already have these laws, which only allows Licensed private investigative services company to perform and testify to any computer forensics related evidence. (Note, this would also include any IT Audit records, not specifically limited in any way to performing "Encase" like hard drive forensics.)
If you live in GA, please contact the Govenor and ask that he VETO HB1259.
From: "Scott A. Moulton" smoulton@nicservices.com
Date: Mon, 17 Apr 2006 22:05:56
To:REDACTED
Subject: Testifying in Court on 04-06-06
Mr, Julian, I am writing this to document the events that took place on Thursday April 6th, 2006. I was called as an computer forensic
expert witness totestify for Superior Court of Coweta County, Georgia. I have testified before on one previous occasion in Cobb County and was accepted as a computer forensic expert. I have over 5 years computer forensics as well as over 20 years experience in the computer service industry.
While waiting outside the court, GBI Agent Vicki Adams told me that in the courtroom with the Prosecutor Kevin McMurry was Jim Persinger.
She stated that he use to be a Cobb County Police Officer and now a Private Investigator and owns PM Investigations and that he does
computer forensics. She was telling about the computer forensic software that Jim had written and that she was going to get a copy of his newest creation.
When I was called to the stand, the defense attorney Steven Sadow, introduced my skills and asked that I be accepted as a
computer forensics expert witness. The prosecutor, Kevin McMurry, asked to reserve that answer until after he questioned me.
Prosecutor Kevin McMurry began by questioning me if I had done a report specifically for this court or legal purpose? He proceeded to
question whether I had a degree in criminal justice or if I had any law enforcement training? Prosecutor Kevin McMurry questioned me about my background in private investigation and then he asked if I had ever worked for a private investigator? He questioned if my company was licensed to practice as a private investigation firm? Prosecutor Kevin McMurry followed by questioning if I had even applied for my private investigator license and then acted appalled that I had not? He then asked if I know what was required for me to be operating legally in the state of Georgia.
Prosecutor Kevin McMurry then stated to Judge Ben Miller that he wanted me excluded from testifying and that I was operating illegally and that according to the law I need to have a Private Investigators license and that I had not even applied for my license. He proceeded to read anamendment to the Judge. The Judge asked again how I was being admitted and what field I was being admitted as, to which Steven Sadow stated Computer Forensic Expert, and the Prosecutor Kevin McMurry again began explaining the Private Investigator law to the Judge Ben Miller and asked me not to be allowed. The Judge did not seem to appreciate being read the law and told the Prosecutor he would allow me as a computer forensics expert. About two hours into my testimony, upon cross-examination, Prosecutor Kevin McMurry started the process all over again with most of the same line of questioning. It seemed very apparent in court that a Private Investigator had briefed the prosecutor and pointed him to this law and the new one that makes it a felony.
Following my time on the stand I emailed John Roberson, president of GAPPI to ask about this new law that I had just been questioned
about.
Here is his response.
Georgia Association of Professional Private Investigators, Inc. - John Roberson on Saturday April 8th, 2006: I would say that if you obtain evidence that would be used in any litigation (civil or criminal), then you would need a license. The only exception would be if you worked "in house" for only one attorney. The idea that you "do not obtain or furnish evidence, it is supplied to you", really does not hold much weight as you conduct an examination of evidence, determine what can be used, compile a report and testify in court. This would be the same as if someone brought me a cardboard box full of bank records. I use computer forensics examiners all of the time and all are licensed investigators. It would be better to be safe, as the new law will take effect this summer that would make each day you practice without a license a felony. I hope this helps you.
*Board Members: www.Gappi.org*
John Roberson,
President
706-301-5687
E-mail: john.jri@gmail.com
It seemed from John Robersons statement that he was well aware of the implications of what this law meant as early as April 8th. I
was reminded that it will be a felony in July but that what the prosecutor was going after was the current law that operating any business that collects evidence is currently a misdemeanor.
If you have any questions, feel free to contact me on my cell phone at 770-402-0191 and I would be happy to meet with anyone that would
like to discuss this issue.
Regards,
Scott Moulton, CCFS / Certified Forensic Specialist
More info to follow...
