In August of 2007, the Texas Department of Public Safety's Private Security Bureau clarified how they believe Private Investigator licensing should apply to both computer forensic and e-discovery vendors practicing within their state.  An excerpt from their clarification follows:

"First, the distinction between "computer forensics" and "data acquisition" is significant.

...For example, when the service provider is charged with reviewing the client's computer-based data for evidence of employee malfeasance, and a report is produced...[they have] provided a regulated service.

On the other hand, if the company simply collects and processes electronic data (whether in the form of hidden, deleted, encrypted files, or otherwise), and provides it to the client in a form that can then be reviewed and analyzed for content by others (such as by an attorney or an investigator), then no regulated service has been provided." (emphasis added)

Click for the full article (and click the "Computer Forensics" link after the jump).

Though this clarification is from 2007, it's a good example of what other states have still failed to publish, and what lawmakers (even in Texas) have failed to put clearly into law.  Many states have vague statutes in the books that leave computer forensic and e-discovery practitioners in an uncomfortable limbo, unsure of the legality of performing their services in (or for) that state.  We'll keep you updated.