A Private Eye License To Search A Public Database?

Just as California requires a private investigator license to read emails, Illinois requires a PI license to search government databases—and IJ has a case challenging that requirement, too. 

Illinois, like most states, takes custody of “unclaimed” property—things like uncashed checks, misplaced savings, or forgotten accounts. The state is supposed to return the property if its owner comes forward to claim it. But, of course, owners can’t file a claim unless they know the property is in the government’s possession. 

Enter David Knott. David searches through state databases of unclaimed property to identify owners of assets, and he helps the owners file claims. 

 In 2021, Illinois sent David a cease-and-desist letter accusing him of working as a PI without a license. To become licensed, David would have to take an exam on topics like firearms handling, crime scene investigation, and electronic surveillance. 

It makes no sense to require testing on firearms and surveillance to search a database. But it’s logical enough from Illinois’ perspective: If David cannot help people recover their unclaimed property, then Illinois gets to keep it. And starting next year, Illinois can use unclaimed property to fund its pension obligations.  

So David joined with IJ to challenge Illinois’ unconstitutional licensing requirement. His case raises the same basic claims as in California: David talks for a living. He tells people about their unclaimed property, and he helps them file claims. David should not need a license to talk, and he shouldn’t have to become a private eye to help people access public information.