Public Act 146

2008 Public Act 146
New Michigan Law Requires License For IT Forensic Investigators A newly passed law requires private detectives and investigators to be licensed by the State of Michigan. In addition to traditional "gumshoes," the law also applies to those engaged in investigating "computer forensics" such as the consultant your organization might retain to assist you in the event of a network security breach. The "Professional Investigator Licensure Act" (2008 Public Act 146) was enacted on May 28, 2008 and took effect immediately. The implications of the new law for an organization undertaking an IT forensic investigation are indirect, in that there are several exceptions to the licensing requirements -- employees of the organization itself, law enforcement professionals, attorneys, certified public accountants and insurance adjusters all fall within those exceptions. The licensing requirements do, however, fall squarely on those individuals acting as independent consultants to the victimized organization. Given that the law took immediate effect, such consultants would be well served to take prompt action toward obtaining the license required by the act. The implications for operating without a license are substantial, including fines up to $5,000.00 and imprisonment of up to 4 years. Source: Miller Canfield Information Technology Update, 6/17/2008 Click here for the full text of Public Act 146. "Digital Forensics and Public Act 146" - July 8 webinar Webinar Q & A To read a Q & A with the Department of Labor and Economic Growth, click here. DLEG's website for PA 146. Download the application package here. Other states are enacting similar legislation. For an article regarding the Texas law from the SANS NewsBites newsletter, click here. "Complaints filed in Michigan over RIAA's piracy investigators" Update, 8/7/08 Here are a few points of clarification regarding P.A. 146, some of which are based on recent interpretations by DLEG's Commercial Licensing department. - In some cases, it's acceptable for only one person at a company to hold a license (for example, the business owner). The employees of this company could then be exempt from the licensing requirement (see Section 4). However, in this instance ONLY the qualifications and certifications of that person will be considered, regardless of the qualifications of the employees who are also doing investigations. Companies should select the license holder carefully - this person is essential to the business. - The requirement for 3 years experience in being interpreted in the following way: the experience will count toward the licensing requirements only if that experience was gained under the supervision of a licensed professional investigator. - Licenses may be awarded to individuals who have completed an industry-recognized certification or course of study that is acceptable to the department, regardless of experience. Certifications and degrees are being considered on a case-by-case basis, and substantial documentation may be requested in order to determine eligibility. As always, contact DLEG directly if you have specific questions or concerns about this bill. The information on this website is not intended to replace that from DLEG.

2008 Public Act 146

New Michigan Law Requires License For IT Forensic Investigators

A newly passed law requires private detectives and investigators to be licensed by the State of Michigan. In addition to traditional "gumshoes," the law also applies to those engaged in investigating "computer forensics" such as the consultant your organization might retain to assist you in the event of a network security breach. The "Professional Investigator Licensure Act" (2008 Public Act 146) was enacted on May 28, 2008 and took effect immediately.

The implications of the new law for an organization undertaking an IT forensic investigation are indirect, in that there are several exceptions to the licensing requirements -- employees of the organization itself, law enforcement professionals, attorneys, certified public accountants and insurance adjusters all fall within those exceptions. The licensing requirements do, however, fall squarely on those individuals acting as independent consultants to the victimized organization.

Given that the law took immediate effect, such consultants would be well served to take prompt action toward obtaining the license required by the act. The implications for operating without a license are substantial, including fines up to $5,000.00 and imprisonment of up to 4 years.

Source: Miller Canfield Information Technology Update, 6/17/2008

Click here for the full text of Public Act 146.

"Digital Forensics and Public Act 146" - July 8 webinar

Webinar Q & A

To read a Q & A with the Department of Labor and Economic Growth, click here.

DLEG's website for PA 146.

Download the application package here.

Other states are enacting similar legislation. For an article regarding the Texas law from the SANS NewsBites newsletter, click here.

"Complaints filed in Michigan over RIAA's piracy investigators"

Update, 8/7/08

Here are a few points of clarification regarding P.A. 146, some of which are based on recent interpretations by DLEG's Commercial Licensing department.

- In some cases, it's acceptable for only one person at a company to hold a license (for example, the business owner). The employees of this company could then be exempt from the licensing requirement (see Section 4). However, in this instance ONLY the qualifications and certifications of that person will be considered, regardless of the qualifications of the employees who are also doing investigations. Companies should select the license holder carefully - this person is essential to the business.

- The requirement for 3 years experience in being interpreted in the following way: the experience will count toward the licensing requirements only if that experience was gained under the supervision of a licensed professional investigator.

- Licenses may be awarded to individuals who have completed an industry-recognized certification or course of study that is acceptable to the department, regardless of experience. Certifications and degrees are being considered on a case-by-case basis, and substantial documentation may be requested in order to determine eligibility.

As always, contact DLEG directly if you have specific questions or concerns about this bill. The information on this website is not intended to replace that from DLEG.