homepage
Open menu
Go one level top
  • Train and Certify
    Train and Certify

    Immediately apply the skills and techniques learned in SANS courses, ranges, and summits

    • Overview
    • Courses
      • Overview
      • Full Course List
      • By Focus Areas
        • Cloud Security
        • Cyber Defense
        • Cybersecurity and IT Essentials
        • DFIR
        • Industrial Control Systems
        • Offensive Operations
        • Management, Legal, and Audit
      • By Skill Levels
        • New to Cyber
        • Essentials
        • Advanced
        • Expert
      • Training Formats
        • OnDemand
        • In-Person
        • Live Online
      • Course Demos
    • Training Roadmaps
      • Skills Roadmap
      • Focus Area Job Roles
        • Cyber Defence Job Roles
        • Offensive Operations Job Roles
        • DFIR Job Roles
        • Cloud Job Roles
        • ICS Job Roles
        • Leadership Job Roles
      • NICE Framework
        • Security Provisionals
        • Operate and Maintain
        • Oversee and Govern
        • Protect and Defend
        • Analyze
        • Collect and Operate
        • Investigate
        • Industrial Control Systems
    • GIAC Certifications
    • Training Events & Summits
      • Events Overview
      • Event Locations
        • Asia
        • Australia & New Zealand
        • Latin America
        • Mainland Europe
        • Middle East & Africa
        • Scandinavia
        • United Kingdom & Ireland
        • United States & Canada
      • Summits
    • OnDemand
    • Get Started in Cyber
      • Overview
      • Degree and Certificate Programs
      • Scholarships
    • Cyber Ranges
  • Manage Your Team
    Manage Your Team

    Build a world-class cyber team with our workforce development programs

    • Overview
    • Why Work with SANS
    • Group Purchasing
    • Build Your Team
      • Team Development
      • Assessments
      • Private Training
      • Hire Cyber Professionals
      • By Industry
        • Health Care
        • Industrial Control Systems Security
        • Military
    • Leadership Training
  • Security Awareness
    Security Awareness

    Increase your staff’s cyber awareness, help them change their behaviors, and reduce your organizational risk

    • Overview
    • Products & Services
      • Security Awareness Training
        • EndUser Training
        • Phishing Platform
      • Specialized
        • Developer Training
        • ICS Engineer Training
        • NERC CIP Training
        • IT Administrator
      • Risk Assessments
        • Knowledge Assessment
        • Culture Assessment
        • Behavioral Risk Assessment
    • OUCH! Newsletter
    • Career Development
      • Overview
      • Training & Courses
      • Professional Credential
    • Blog
    • Partners
    • Reports & Case Studies
  • Resources
    Resources

    Enhance your skills with access to thousands of free resources, 150+ instructor-developed tools, and the latest cybersecurity news and analysis

    • Overview
    • Webcasts
    • Free Cybersecurity Events
      • Free Events Overview
      • Summits
      • Solutions Forums
      • Community Nights
    • Content
      • Newsletters
        • NewsBites
        • @RISK
        • OUCH! Newsletter
      • Blog
      • Podcasts
      • Summit Presentations
      • Posters & Cheat Sheets
    • Research
      • White Papers
      • Security Policies
    • Tools
    • Focus Areas
      • Cyber Defense
      • Cloud Security
      • Digital Forensics & Incident Response
      • Industrial Control Systems
      • Cyber Security Leadership
      • Offensive Operations
  • Get Involved
    Get Involved

    Help keep the cyber community one step ahead of threats. Join the SANS community or begin your journey of becoming a SANS Certified Instructor today.

    • Overview
    • Join the Community
    • Work Study
    • Teach for SANS
    • CISO Network
    • Partnerships
    • Sponsorship Opportunities
  • About
    About

    Learn more about how SANS empowers and educates current and future cybersecurity practitioners with knowledge and skills

    • SANS
      • Overview
      • Our Founder
      • Awards
    • Instructors
      • Our Instructors
      • Full Instructor List
    • Mission
      • Our Mission
      • Diversity
      • Scholarships
    • Contact
      • Contact Customer Service
      • Contact Sales
      • Press & Media Enquiries
    • Frequent Asked Questions
    • Customer Reviews
    • Press
    • Careers
  • Contact Sales
  • SANS Sites
    • GIAC Security Certifications
    • Internet Storm Center
    • SANS Technology Institute
    • Security Awareness Training
  • Search
  • Log In
  • Join
    • Account Dashboard
    • Log Out
  1. Home >
  2. Blog >
  3. North Carolina: Separate License for Digital Forensics Professionals or Private Investigator's License?
370x370_Rob-Lee.jpg
Rob Lee

North Carolina: Separate License for Digital Forensics Professionals or Private Investigator's License?

April 6, 2009

North Carolina's Proposed Amendment

The North Carolina Private Protective Services Board is attempting to enact legislation that might require digital forensic examiners to become licensed private investigators. However, it could also open the door to license the digital investigator's separately. The language is vague and as such multiple organizations would love to see some specifics if the latter is the case.

In the proposed amendment: digital forensic examiners are defined as:

"Any person who, on a contractual basis, engages in the practice of conducting examinations of digitally stored data to recover, image, analyze, or examine the data by using specialized software to determine responsibility or reconstruct usage of the data."

Exemptions include accountants, network security administrators and response teams, persons who use utilities proprietary to the examined device to recover data without the use of additional software, such as cellular telephone call information, any other computer or digital media technician who is not conducting imaging, analysis, or other activities, and law enforcement.

The house bill has already been referred to for financial review. The senate bill will be read Tuesday, 07 APRIL at 10 AM in Room 1124LB. Cancelled - Pending Reschedule

If you would like to attend or contact your legislators if you live in NC, we suggest you telephone, email, and to testify before the committee and give your opinion as to how you think the proposed amendment will impact the profession of digital forensics.

There are, as yet, no regulatory requirements to demonstrate competence as a digital forensic examiner under the NC PI licensing laws and regulations.

The SANS Institute, HTCC, and the ISCFE, do not agree that the path of licensing digital forensic professionals as private investigators is in the best interest of our industry and lacks detail regarding the training/education and experience required to be successful in this profession.

Latest Updates:

Latest updates from Toby Finne, HTCC: It looks as though the intent is to create a separate digital forensic license. However, the wording of the amendment leaves much to interpretation. The NC PPSB, allegedly, intends to require the following for a separate digital forensic license: 3,000 hours in digital forensics or closely-related field. Appropriate credit shall be given for college-level degrees. Demonstrated successful completion of the basic training offered by the company supplying the analysis software used by the licensee is required. CEU's (similar to the PI) will be required. License holders will be required to obtain 12 CEUs during each license period.

Additional update via comment: Larry Daniel, Guardian Digital Forensics, from the blog Exforensis says that he is confident that this is a win for digital forensic specialists who did not want to be licensed as Private Investigators. He states "The change provides for a separate license for Digital Forensics Examiners." 

Follow the links below for more information on the pending legislation:

  • https://www.ncleg.gov/BillLookUp/2019/S584
  • http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=H570


Bill sponsor for S584:
Sen. John Snow
North Carolina Senate
16 W. Jones Street, Room 2111
Raleigh, NC 27601-2808
TEL: 919.733.5875
FAX: 919.715.5815
EMAIL: John.Snow@ncleg.net

Bill sponsor for H570:
Rep. Pryor Gibson
NC House of Representatives
300 N. Salisbury Street, Room 419A
Raleigh, NC 27603-5925
TEL: 919.715.3007
FAX: 919.733.3113
EMAIL: Pryor.Gibson@ncleg.net

How could the amendment possibly read instead?

This recommendation was written by Doug White from the ISCFE.

This recommendation covers recommendations for language changes to Senate Bill 584 and to the Private Protective Services Code of North Carolina.

Key Issues

  • Define Digital Forensics
  • Determine Appropriate Licensure for Digital Forensics Practitioners
  • Prevent unnecessary hardship on businesses currently operating in North Carolina while protecting citizenry from fraud, malpractice, and unethical actions on the part of digital forensics examiners.

Recommendations for S.B. 584 Add to section 1.a.5a (line 19)

h. A person who conducts imaging, analysis, or other digital forensics examination under the supervision of an attorney, a law enforcement agency, or as an officer of the court and holds the following:

  1.  A nationally recognized certification which has:
    1. A written and practical examination of skills
    2. A code of professional ethics.
    3. An ethics board which reviews violations.
    4. A regular recertification process.

Reasoning: This then only requires PI licensing for individuals who are operating essentially as investigators for hire. The change allows those who examine materials under supervision of the State in some fashion to continue to do business with this supervision ensuring the rights of the citizens are protected and ethics are being considered and reviewed.

Recommendations for SubChapter 7D of Private Protective Services Board A

dd Section .1300 — Digital Forensics Examiner

12 NCAC 07D.1300 EXPERIENCE REQUIREMENTS FOR DIGITAL FORENSICS EXAMINER

In addition to the requirements of 12NCAC 07D .0200, applications for a Digital Forensics Examiner license shall:

  1. A graduate of an accredited institution of higher education with a baccalaureate or postgraduate degree in the field of police administration, security management, investigation, law, criminal justice; computer forensics or other computer forensic industry certificated study that is acceptable to the board or work experience in the computer forensics field which is deemed to be equivalent to the degree in the opinion of the board. This is to be established through presentation of official transcripts provided to the Board or reasonable presentation of verified work history to the Board.
  2. Acceptable certificated studies in the computer forensics industry shall be computer forensic certification programs that are comprised of the following components:
    1. At least 40 hours of training which includes:
      1. Technical Material
      2. Scientific Method
      3. Legal aspects of computer forensics
      4. Legal aspects of privacy
      5. Legal aspects of search and seizure
      6. The preservation of evidence
      7. Investigative best practices
    2. A written examination which is:
      1. Documentable with either a certificate of completion or transcript from the agency.
      2. Maintained in accordance with reasonable examination practice.
    3. A practical examination or peer reviewed paper which:
      1. Assesses the individual's ability to conduct effective and legal examinations.
      2. Is documentable with either a certificate of completion or transcript from the agency.
    4. A code of professional ethics which:
      1. Includes an ethics board of review to investigate wrongdoing
      2. Includes punitive action for violations

Reasoning:

This provides individuals with reasonable work histories or training, as well as professionally managed certifications to be eligible to apply for licensure in the State of North Carolina. We understand the need that states will need to ensure the professionalism of experts that might be involved in cases.

What else could be added? What is going on in your state? General thoughts? While no solution will appease everyone, this is miles ahead of similar licensing restrictions found in other states, but if you were asked what your thoughts on this would be, what would you say?

Rob Lee is a Principal Consultant for MANDIANT, a leading provider of information security consulting services and software to Fortune 500 organizations and the U.S. Government. Rob has over 12 years experience in computer forensics, vulnerability discovery, intrusion detection, and incident response. Rob is the lead course author and faculty fellow for the computer forensic courses at the SANS Institute.

Share:
TwitterLinkedInFacebook
Copy url Url was copied to clipboard
Subscribe to SANS Newsletters
Receive curated news, vulnerabilities, & security awareness tips
United States
Canada
United Kingdom
Spain
Belgium
Denmark
Norway
Netherlands
Australia
India
Japan
Singapore
Afghanistan
Aland Islands
Albania
Algeria
American Samoa
Andorra
Angola
Anguilla
Antarctica
Antigua and Barbuda
Argentina
Armenia
Aruba
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belize
Benin
Bermuda
Bhutan
Bolivia
Bonaire, Sint Eustatius, and Saba
Bosnia And Herzegovina
Botswana
Bouvet Island
Brazil
British Indian Ocean Territory
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Cayman Islands
Central African Republic
Chad
Chile
China
Christmas Island
Cocos (Keeling) Islands
Colombia
Comoros
Cook Islands
Costa Rica
Croatia (Local Name: Hrvatska)
Curacao
Cyprus
Czech Republic
Democratic Republic of the Congo
Djibouti
Dominica
Dominican Republic
East Timor
East Timor
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Falkland Islands (Malvinas)
Faroe Islands
Fiji
Finland
France
French Guiana
French Polynesia
French Southern Territories
Gabon
Gambia
Georgia
Germany
Ghana
Gibraltar
Greece
Greenland
Grenada
Guadeloupe
Guam
Guatemala
Guernsey
Guinea
Guinea-Bissau
Guyana
Haiti
Heard And McDonald Islands
Honduras
Hong Kong
Hungary
Iceland
Indonesia
Iraq
Ireland
Isle of Man
Israel
Italy
Jamaica
Jersey
Jordan
Kazakhstan
Kenya
Kiribati
Korea, Republic Of
Kosovo
Kuwait
Kyrgyzstan
Lao People's Democratic Republic
Latvia
Lebanon
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Macau
Macedonia
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Martinique
Mauritania
Mauritius
Mayotte
Mexico
Micronesia, Federated States Of
Moldova, Republic Of
Monaco
Mongolia
Montenegro
Montserrat
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
Netherlands Antilles
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
Northern Mariana Islands
Oman
Pakistan
Palau
Palestine
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Pitcairn
Poland
Portugal
Puerto Rico
Qatar
Reunion
Romania
Russian Federation
Rwanda
Saint Bartholemy
Saint Kitts And Nevis
Saint Lucia
Saint Martin
Saint Vincent And The Grenadines
Samoa
San Marino
Sao Tome And Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Sint Maarten
Slovakia
Slovenia
Solomon Islands
South Africa
South Georgia and the South Sandwich Islands
South Sudan
Sri Lanka
St. Helena
St. Pierre And Miquelon
Suriname
Svalbard And Jan Mayen Islands
Swaziland
Sweden
Switzerland
Taiwan
Tajikistan
Tanzania
Thailand
Togo
Tokelau
Tonga
Trinidad And Tobago
Tunisia
Turkey
Turkmenistan
Turks And Caicos Islands
Tuvalu
Uganda
Ukraine
United Arab Emirates
United States Minor Outlying Islands
Uruguay
Uzbekistan
Vanuatu
Vatican City
Venezuela
Vietnam
Virgin Islands (British)
Virgin Islands (U.S.)
Wallis And Futuna Islands
Western Sahara
Yemen
Yugoslavia
Zambia
Zimbabwe

By providing this information, you agree to the processing of your personal data by SANS as described in our Privacy Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Tags:
  • Digital Forensics and Incident Response

Related Content

Blog
CTI_Blog_Image.png
Incident Response & Threat Hunting, Digital Forensics and Incident Response
January 23, 2023
A Visual Summary of SANS CTI Summit 2023
Check out these graphic recordings created in real-time throughout the event for SANS Cyber Threat Intelligence Summit 2023
370x370-person-placeholder.png
Alison Kim
read more
Blog
FOR577.png
Digital Forensics and Incident Response
September 22, 2022
NEW SANS DFIR COURSE IN DEVELOPMENT | FOR577: LINUX Incident Response & Analysis
FOR577: Linux Incident Response & Analysis course teaches how Linux systems work and how to respond and investigate attacks effectively.
Viv_Ross_370x370.png
Viviana Ross
read more
Blog
Untitled_design-43.png
Digital Forensics and Incident Response, Cybersecurity and IT Essentials, Industrial Control Systems Security, Purple Team, Open-Source Intelligence (OSINT), Penetration Testing and Red Teaming, Cyber Defense, Cloud Security, Security Management, Legal, and Audit
December 8, 2021
Good News: SANS Virtual Summits Will Remain FREE for the Community in 2022
They’re virtual. They’re global. They’re free.
370x370-person-placeholder.png
Emily Blades
read more
  • Register to Learn
  • Courses
  • Certifications
  • Degree Programs
  • Cyber Ranges
  • Job Tools
  • Security Policy Project
  • Posters & Cheat Sheets
  • White Papers
  • Focus Areas
  • Cyber Defense
  • Cloud Security
  • Cybersecurity Leadership
  • Digital Forensics
  • Industrial Control Systems
  • Offensive Operations
Subscribe to SANS Newsletters
Receive curated news, vulnerabilities, & security awareness tips
United States
Canada
United Kingdom
Spain
Belgium
Denmark
Norway
Netherlands
Australia
India
Japan
Singapore
Afghanistan
Aland Islands
Albania
Algeria
American Samoa
Andorra
Angola
Anguilla
Antarctica
Antigua and Barbuda
Argentina
Armenia
Aruba
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belize
Benin
Bermuda
Bhutan
Bolivia
Bonaire, Sint Eustatius, and Saba
Bosnia And Herzegovina
Botswana
Bouvet Island
Brazil
British Indian Ocean Territory
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Cayman Islands
Central African Republic
Chad
Chile
China
Christmas Island
Cocos (Keeling) Islands
Colombia
Comoros
Cook Islands
Costa Rica
Croatia (Local Name: Hrvatska)
Curacao
Cyprus
Czech Republic
Democratic Republic of the Congo
Djibouti
Dominica
Dominican Republic
East Timor
East Timor
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Falkland Islands (Malvinas)
Faroe Islands
Fiji
Finland
France
French Guiana
French Polynesia
French Southern Territories
Gabon
Gambia
Georgia
Germany
Ghana
Gibraltar
Greece
Greenland
Grenada
Guadeloupe
Guam
Guatemala
Guernsey
Guinea
Guinea-Bissau
Guyana
Haiti
Heard And McDonald Islands
Honduras
Hong Kong
Hungary
Iceland
Indonesia
Iraq
Ireland
Isle of Man
Israel
Italy
Jamaica
Jersey
Jordan
Kazakhstan
Kenya
Kiribati
Korea, Republic Of
Kosovo
Kuwait
Kyrgyzstan
Lao People's Democratic Republic
Latvia
Lebanon
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Macau
Macedonia
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Martinique
Mauritania
Mauritius
Mayotte
Mexico
Micronesia, Federated States Of
Moldova, Republic Of
Monaco
Mongolia
Montenegro
Montserrat
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
Netherlands Antilles
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
Northern Mariana Islands
Oman
Pakistan
Palau
Palestine
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Pitcairn
Poland
Portugal
Puerto Rico
Qatar
Reunion
Romania
Russian Federation
Rwanda
Saint Bartholemy
Saint Kitts And Nevis
Saint Lucia
Saint Martin
Saint Vincent And The Grenadines
Samoa
San Marino
Sao Tome And Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Sint Maarten
Slovakia
Slovenia
Solomon Islands
South Africa
South Georgia and the South Sandwich Islands
South Sudan
Sri Lanka
St. Helena
St. Pierre And Miquelon
Suriname
Svalbard And Jan Mayen Islands
Swaziland
Sweden
Switzerland
Taiwan
Tajikistan
Tanzania
Thailand
Togo
Tokelau
Tonga
Trinidad And Tobago
Tunisia
Turkey
Turkmenistan
Turks And Caicos Islands
Tuvalu
Uganda
Ukraine
United Arab Emirates
United States Minor Outlying Islands
Uruguay
Uzbekistan
Vanuatu
Vatican City
Venezuela
Vietnam
Virgin Islands (British)
Virgin Islands (U.S.)
Wallis And Futuna Islands
Western Sahara
Yemen
Yugoslavia
Zambia
Zimbabwe

By providing this information, you agree to the processing of your personal data by SANS as described in our Privacy Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
  • © 2023 SANS™ Institute
  • Privacy Policy
  • Contact
  • Careers
  • Twitter
  • Facebook
  • Youtube
  • LinkedIn