To License or Not to License Reexamined: An Updated Report on State Statutes Regarding Private Investigators and Digital Examiners

Abstract

In this update to the 2012 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. As before, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. There is a small trend in which some states are changing definitions or moving to exempt DE from PI licensing requirements. However, we look at some additional information in terms of practicing attorney exemptions that may cloud the licensing waters. As with the previous research studies (Lonardo et al., 2008, 2009, 2012) the authors contacted all state regulatory agencies where statutory language was not explicit, and as a result, set forth the various state approaches to professional Digital Examiner licensing. Our recommendation remains the same: states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight. In this update to the 2012 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. As before, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. There is a small trend in which some states are changing definitions or moving to exempt DE from PI licensing requirements. However, we look at some additional information in terms of practicing attorney exemptions that may cloud the licensing waters. As with the previous research studies (Lonardo et al., 2008, 2009, 2012) the authors contacted all state regulatory agencies where statutory language was not explicit, and as a result, set forth the various state approaches to professional Digital Examiner licensing. Our recommendation remains the same: states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.