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ABA Recommends States Not Require Computer Forensics Technologists to Have Private Investigator Licenses

Posted by Sharon Nelson :: Sensei Enterprises, Inc.

October 10, 2008

n late August, the American Bar Association approved a resolution by the Section for Science and Technology law recommending that states should not require those performing computer forensics services to procure a private investigator license. The recommendation includes computer forensics services involving the review of computer information, whether it is for court purposes or providing expert testimony, and the testing and securing of computer networks. The recommendation also supports establishing a separate set of professional standards for the computer forensics industry. The report lays out reasons for the recommendations, most notably that computer forensics is distinctly different than what most private investigators do, and that most private investigators do not possess the science and technology background that is necessary to conduct computer forensic examinations. Further, many computer forensic experts would be excluded from the trial process because they are not licensed as private investigators, though the computer forensic experts have many other professional certifications that make them qualified to testify in court. The report also notes that licensing requirements are not one of the factors laid out by the Supreme Court in determining the reliability of evidence. The recommendation and report may be found here.