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US Senate Backs Genetic Privacy

An anonymous reader writes "According to an article at NYTimes.com (free registration required), the US Senate has unanimously voted for the first Genetic Privacy Bill. Basically, this would make it illegal for employers and insurers to deny employment or benefits based on genetic analysis of your DNA. While it still needs to be passed by the House, it seems that we're not heading towards a Gattaca-esque society, after all. Hooray for us genetically inferior invalids!"

262 comments

  1. yea.. that is right! by joeldg · · Score: 1

    keep outta my jeans..

    err.. genes..

    you get the point..

    1. Re:yea.. that is right! by rootofevil · · Score: 1

      given that you post to slashdot, it is altogether unlikely that anyone besides yourself would want to be anywhere near the inside of your jeans.

      --
      turn up the jukebox and tell me a lie
    2. Re:yea.. that is right! by dbc001 · · Score: 1

      I picked up a second job a few weeks ago waiting tables at a restaurant. within a week they wanted my fingerprints so that logging into the system is a bit faster. I explained that i wouldnt give my fingerprints unless they provide me with a privacy policy detailing exactly what will be done with my prints, who will have access to them, and what will be done if the information is leaked. this seems to have slowed them down a bit as it's been 2 weeks since they've mentioned it to me... anyone know what to do in this situation? (Other than look for a new job, which I've already started doing...)

  2. Genetic Privacy? Interesting. by Anonymous Coward · · Score: 0

    No, wait, the other thing - tedious.

  3. Well, now! by Excen · · Score: 1

    Gattaca was such an interesting movie from all aspects. First off, why did they need to monitor everybody's genetic code, when they knew every-farking-body was genetically perfect?

    On a side, note. . .

    FP!!! FP!!!

    --
    "No beer until you finish your tequila!" -Leela's Dad
    1. Re:Well, now! by 511pf · · Score: 1

      Because in the Gattaca "world", not everybody was genetically perfect. In the Gattaca company, they were. I'm sure the rich could afford better gene therapy than the middle class.

    2. Re:Well, now! by Anonymous Coward · · Score: 0

      Yeah, and if Gattaca is our future, and they can do all that genetic manipulation, why can't they make a movie that isn't boring as hell for the first hour?

    3. Re:Well, now! by ovit · · Score: 0

      I thought the first hour of Gattaca was totally engrossing. The ending was marvelous. All in all, one of my favorite movies.

    4. Re:Well, now! by MysticGlyph · · Score: 1

      They just wanted an excuse to look in Uma Thurman's jeans, err, genes.

      --
      Try my new smokable Sig, ...Sig-erette.
    5. Re:Well, now! by Chris+Burke · · Score: 1

      every-farking-body was genetically perfect?

      Did you even watch the movie? Or even bother reading the plot outline on imbd? "Plot Outline: Futuristic story of a genetically imperfect man and his seemingly inobtainable goal to travel in space." (emphasis mine, for added humiliation)

      --

      The enemies of Democracy are
    6. Re:Well, now! by Wavicle · · Score: 1

      I'm not sure how you could have watched the movie and not gotten this, but...

      In Gattaca, not everyone was perfect. Those who weren't came up with a flashing "invalid" on an I.D. screen. In fact even among those who were perfect there were varying levels of "perfect". Upon your birth, a blood sample was drawn, your dna was sequenced and they could tell your parents the probability that certain health problems could occur.

      The person who wrote the article also apparently didn't watch Gattaca, because in the movie there were laws against dna screening. However there were not laws against urine testing for drug use. Employers simply did an illegal dna screen from that. Thus those who were not engineered were relegated to the jobs on the bottom rung of society (in this case, janitors).

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    7. Re:Well, now! by Excen · · Score: 1

      That was what I meant. Everybody who was working there was obviously perfect, and if they weren't, why bother as long as they kept up performance?

      --
      "No beer until you finish your tequila!" -Leela's Dad
  4. good by oodelallyx · · Score: 0

    Now they can't find out i'm an alien.

    ____
    Got Wang?
    Where else can you get beaten by a 300lb wang?

    1. Re:good by Anonymous Coward · · Score: 0

      Laws only apply to citizens. Declaring you alien is a proven method to circumvent all kinds of human rights.

    2. Re:good by Anonymous Coward · · Score: 0

      And you shall be busted under DMCA for the said offence, alien!

  5. Aliens? by Maagma · · Score: 1

    Great just great. Let all the space-aliens control our busness. Pah.

  6. is there by Anonymous Coward · · Score: 0

    a first post gene?

    1. Re:is there by Anonymous Coward · · Score: 0

      Only in a negative sense: first posters lack some essential genes humans need for growing brains.

  7. thats great but the threat is patents by Anonymous Coward · · Score: 0


    this is great news but when will the USA goverment stop companies patenting life itself
    see genetically engineered rice for an example

    not that anyone in the rest of the world will respect USA patents (see China) but still

  8. Gene Patents by zeasier · · Score: 1

    Yes, but can you patent your genes?

    1. Re:Gene Patents by Anonymous Coward · · Score: 0

      yes you can if you have enough cash

    2. Re:Gene Patents by henrygb · · Score: 1

      No - somebody else already holds the patent.

    3. Re:Gene Patents by spektr · · Score: 1

      Yes, but can you patent your genes?

      If there is no prior art and your new gene is a non-obvious technological invention, then yes. You will notice a strange nervous twitching of the patent officer's eyelid when he is explaining this.

    4. Re:Gene Patents by morcego · · Score: 1

      (...)non-obvoius technological invention(...)

      You are kidding, right ? I mean, we are talking about the USPO here, are we not ?

      --
      morcego
    5. Re:Gene Patents by canajin56 · · Score: 1

      Yes, that has been well established in the courts. But genetic patents do not apply to any natural biological process. So you can patent ANY gene, but you cannot sue somebody who used it in a naturally occuring way. So you can't "discover" a gene in corn, and then prevent people from selling corn. But you CAN prevent people from adding said gene to another species.

      Similarly, you could out and patent somebody's DNA, but this would not prevent them from, say, having kids, or living, or anything drastic like that. But if it was discovered that they have some gene which makes them immune to some disease, only YOU could use that to treat said disease.

      --
      ASCII stupid question, get a stupid ANSI
  9. hey! by Anonymous Coward · · Score: 0

    Who are you calling inferior? You insensitive clod!

    1. Re:hey! by Anonymous Coward · · Score: 0

      Is there a gene that makes you insensitive and a gene that makes you a clod? :-(

      Cause I seem to be lacking them!!!! :-O

      ~m

  10. In Canada by WormholeFiend · · Score: 2, Informative

    wouldnt that type of discrimination be automatically covered by the Charter of Rights and Freedoms?

    1. Re:In Canada by Anonymous Coward · · Score: 0
      Its not clear, you can't discriminate based on race, colour, sex or mental/physical disabilities.


      Its debateable whether a predisposition to certain genetics diseases, or genetic traits that encourge certain disease is a disability.


      Also, I'm not sure how insurance companies are involved. The Charter also bans age discrimination, but they freely discriminate against old people (life insurance) and young people (car insurance) when setting premiums.

  11. FP by Anonymous Coward · · Score: 0

    FP!

  12. OSS Humans? by devphaeton · · Score: 2, Funny

    In other words, this is a giant LOSS for Open Source initiatives. Just when we were getting businesses and employers to look at open source software and operating systems, etolling the benefits of looking at the source code, it's now illegal for them to look at the source code for their employees.

    I mean, if -I- owned my own business, i'd want to be DAMN SURE that my new hires didn't have any infringing IP in their genes.

    --


    do() || do_not(); // try();
    1. Re:OSS Humans? by MukiMuki · · Score: 0

      I'm surprised we haven't seen an SCO-themed reply to that. "We found five chromosomes which appear to originate from the Unix programmers we bought with the deal. As a result, we own your body in its entirety." Of course, weeks would pass, and after the FUD builds, they'd start exclaiming that Linus Torvalds is a 1:1 genetic carbon copy of their own patented genes.

  13. It's worth pointing out by Raul654 · · Score: 1

    In the movie Gattica, they explictely said it was illegal to descriminate, but that people did it anyway. They did it because once genetic testing because ubiqutious, it will be very easy to discretely get a sample and have it tested.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:It's worth pointing out by Anonymous Coward · · Score: 0

      If discrimination means I have to look like a gay pretty boy, and have an enourmous penis with which I satisfy Uma Thurman, I guess it's just a cross I'll have to bare in her ocean front home with beach access.

      Just don't be too cruel.... I'm sensitive.

    2. Re:It's worth pointing out by Rorschach1 · · Score: 1

      I wonder how much the movie affected the decision. Gattaca was above all a cautionary tale... something with a long history in science fiction. And whether it directly influenced the Senate, I'm sure it at least brought the issue into the minds of the people.

      I often point to Gattaca as an example of what I consider a good science fiction movie. Unfortunately, for every Gattaca that makes it to the big screen, we've got to endure a dozen Event Horizons and Supernovas.

    3. Re:It's worth pointing out by Anonymous Coward · · Score: 0

      Event Horizon, Supernova, Sphere, and Solaris are all the same movie. (Heh, look at that I instinctively organized them in order from best to worst.)

    4. Re:It's worth pointing out by Elwood+P+Dowd · · Score: 2, Funny

      Making "Event Horizon" the best of any category is a mistake.

      I could have written a better script if I stuck a felt tip marker up my ass and then played twister for a few hours.

      --

      There are no trails. There are no trees out here.
    5. Re:It's worth pointing out by Chris+Burke · · Score: 1

      I could have written a better script if I stuck a felt tip marker up my ass and then played twister for a few hours.

      How's that coming along, by the way? Any bites from movie producers yet?

      --

      The enemies of Democracy are
    6. Re:It's worth pointing out by Elwood+P+Dowd · · Score: 1

      Aw, Jesus. You just gave me an opening for so many different jokes that my brain seized.

      Do I make fun of Virtuosity? Episodes 1 & 2? The Replacements? The Fighting Temptations? (Any Cuba Gooding Jr. movie since A Few Good Men?)

      Let's not and say we did.

      --

      There are no trails. There are no trees out here.
    7. Re:It's worth pointing out by Anonymous Coward · · Score: 0

      heh it was an extremely average movie, just had a good concept going for it.

    8. Re:It's worth pointing out by Rone · · Score: 1

      I could have written a better script if I stuck a felt tip marker up my ass and then played twister for a few hours.

      I've always wondered how Mr. Goatse made a living...

    9. Re:It's worth pointing out by DickBreath · · Score: 1

      Unfortunately, for every Gattaca that makes it to the big screen, we've got to endure a dozen Event Horizons and Supernovas.

      You didn't complete that dozen. Solaris.

      --

      I'll see your senator, and I'll raise you two judges.
    10. Re:It's worth pointing out by DickBreath · · Score: 1

      I was wrong. You were wrong. There were more than a dozen in Google's cache .

      --

      I'll see your senator, and I'll raise you two judges.
    11. Re:It's worth pointing out by ivan256 · · Score: 1

      I could have written a better script if I stuck a felt tip marker up my ass and then played twister for a few hours.

      I'd bet you could get some grant money for that...

      Only if you don't wash the marker off afterward though.

  14. But... by inertia187 · · Score: 1

    Now you tell me... I'm the guy they used to map the genome, you insensitive clod!

    --
    A programmer is a machine for converting coffee into code.
  15. Any coincidence in the timing of this? by DerProfi · · Score: 0

    I couldn't help but notice that today was also the day that the HIPAA health privacy standards are supposed to be in place at all medical providers.

    --

    3000+ comments meta-modded. 0 mod points awarded.
    Lesson for other meta-suckers: Don't believe the hype!
  16. Hey! Where's my blah blah blah! by banky · · Score: 1

    You linked to NYT without the usual disclaimer, you insensitive clod! Now I'm all traumatized!

    --
    ZOMG I WOULD LOVE TO KNOW ABOUT YOUR FEELINGS ON MACINTOSH VERSUS WINDOWS, VI VERSUS EMACS, AND HOW YOU'RE NOT A DORK
  17. Big advantage... by cmowire · · Score: 1

    The big advantage here is that folks who *may* have some sort of genetic disease are going be able to get tested for it without fear. Previously, because it was a legal gray area, they wouldn't be able to know for sure.

    1. Re:Big advantage... by henrygb · · Score: 1
      That advantage is not going to be sustainable: if you know you have a much higher chance of dying in the next 5 years than other people of your age and gender, you could reasonably decide that you will take out life insurance. If you have a good chance of living for 20 years longer than is typical, you would buy a pension annuity.

      If the insurance comapny cannot ask you "Do you know anything relevant that significantly affects your life expectancy" then it will go bankrupt fairly quickly.

      Similar things happened with HIV/AIDS in the 1980s, where the insurance companies asked "Have you had an HIV test?", and discriminated against those who said yes, whatever the result of the test. Similarly they asked single men to take the test. Currently they seem free to ask "Have you tested positive for HIV?", but they cannot ask you to take a test.

      I would expect the the same long term outcome with this for insurance. For employers, I can see the logic of preventing discrimination altogether, in the same way they cannot ask women if they plan to have children.

    2. Re:Big advantage... by cmowire · · Score: 1

      Not necessarily.

      Cancer sucks far less if you catch it early. If you knew you were suceptable to a particular cancer, you would be far more proactive about getting tested for it. I think in quite a few cases, knowing something like a suceptability to cancer, anyurisms, etc. would end up being a net gain because you'd, in theory, be better able to prevent it, thus decreasing your total pay-out from insurance.

      And remember, genes are generally not "known" future, they are a possibility. It's not like knowing you've got AIDS and are thus going to die, barring medical complications.

  18. Too late by Raul654 · · Score: 2, Funny

    Everyone I know is a derivative of at least two previously existing ones. So much for non-infringing source code.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:Too late by devphaeton · · Score: 2, Funny

      OKAY GRACIOUS GOD DARL!!

      (kekekekeke)

      How about third party peripherals such as plastic hips, replacement knees, firewire hearing aides or vision correction patches?

      Hell... some people even have had a quadruple-recompile on their heart.

      --


      do() || do_not(); // try();
  19. No registration required... by stilltwentysomething · · Score: 1
  20. Stupid registrations. by Thinkit3 · · Score: 0

    How much longer will we deal with this junk? I'm hoping you give fake info. "Why yes, my e-mail is f@off.com. Thank you."

    --
    -Libertarian secular transhumanist
    1. Re:Stupid registrations. by ovit · · Score: 0

      Yeah! We want something for nothing, and we want it NOW!

    2. Re:Stupid registrations. by alecto · · Score: 1

      If they want to make money, perhaps they should consider another medium, like print, where people are accustomed to paying. Selling information on the Internet is like trying to sell snow to Eskimos.

  21. eh? by Telastyn · · Score: 1

    Does that mean it's now illegal to charge women more for car insurance just because they're women? Courts have ruled in the past that insurance rates based off of statistical trends are good. What happens now if those trends are genetically based?

    1. Re:eh? by ndogg · · Score: 1

      But knowing that someone is a women doesn't require genetic testing...

      --
      // file: mice.h
      #include "frickin_lasers.h"
    2. Re:eh? by Anonymous Coward · · Score: 0

      Can they charge niggers more because they steal? I do at my store.

    3. Re:eh? by kfg · · Score: 1

      Weeeell, unless you're on the Bulgarian Women's Shotput team.

      KFG

    4. Re:eh? by Anonymous Coward · · Score: 0

      Good Question.

      When i got life insurance, I seem to recall a good deal of questions about my family medical history (e.g. anyone related to you with diabetes/cancer/etc?). Those questions seem to be intended to find out what's in my genes.

      I haven't read the bill, but it'll have to be worded very carefully (i.e. forbidding specific tests) or else insurers will be forbidden from finding out most anything about you.

  22. Don't open the champagne bottles just yet.. by Nathan+Ramella · · Score: 1
    In GATTACA, they had laws against genetically profiling.. If you didn't agree to a genetic test, they'd just lift your genetic material off the door knob you used to enter the office, or the glass you drank out of..

    Seems like a fairly plausable scenario to me.

    'Well, we didn't hire him because his additude didn't seem right for our team... And we wish him the best of luck with his imminent bout with cancer.'

    -n

    --
    http://www.remix.net/
    1. Re:Don't open the champagne bottles just yet.. by PCM2 · · Score: 1
      'Well, we didn't hire him because his additude didn't seem right for our team... And we wish him the best of luck with his imminent bout with cancer.'
      You kiddin'? If anything, in the tech economy this would be a bonus. I mean, who wants to have to keep 'em around when they're in their fifties, starting to carp about crap like better hours, healthcare and pensions?
      --
      Breakfast served all day!
    2. Re:Don't open the champagne bottles just yet.. by Nathan+Ramella · · Score: 1

      Last time I checked, companies lay people off for any reason they want.. As well, while it may not be cancer, it could be ADHD, depression, alcoholism, predisposition to snapping and shooting co-workers.. Also the effect that a person will have on the company insurance. Gotta keep those premiums down. While people do just up and die randomly, it's the ones with prolonged illnesses or negative conditions that will get singled out. -n

      --
      http://www.remix.net/
  23. Don't be naive. by FreeLinux · · Score: 3, Insightful

    This bill would require that you prove that the insurance company denied you coverage because of your DNA rather than some other reason of their choosing. It doesn't deny them the ability to see or maintain records of your DNA which is what we really need.

    With this bill it would be no problem for an insurance company to deny you coverage based on your DNA but, tell you it is due to them having reached their quota for your age/gender/geographic region/past claims.

    The law needs to say that they cannot see your genome and they definitely cannot record it. There is no reason for anyone but your doctor and his lab to have it.

  24. Wonderful! by Quasar1999 · · Score: 1

    So now my employer will outsource their DNA testing and discriminating practices to some island in international waters?

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
  25. Hooray! by lambadomy · · Score: 1

    I was worried. My Phenotype gives me a huge advantage, I'd hate for my Genotype to have something to hurt me. Hooray for discrimination only by things we can easily observe!

  26. Us invalids? by agent+dero · · Score: 1

    "Hooray for us genetically inferior invalids!"

    What a terrible comment, once it comes down to the nitty gritty, it is very difficult to judge "superior" and "inferior" genes. In our short-sightedness we could rule out the gene that cures AIDS, or heart disease; because we as humans aren't habitually long term thinkers.

    Playing with genes is dangerous, it is our very genetic diversity that has made mankind a powerful species. Hopefully this bill will help it stay diverse

    --
    Error 407 - No creative sig found
    1. Re:Us invalids? by Quasar1999 · · Score: 1

      Playing with genes is dangerous, it is our very genetic diversity that has made mankind a powerful species. Hopefully this bill will help it stay diverse

      You mean there will finally be a law that will require women to sleep with me? Oh I love the government!

      --

      ---
      Programming is like sex... Make one mistake and support it the rest of your life.
    2. Re:Us invalids? by AvengerXP · · Score: 1

      "What a terrible comment, once it comes down to the nitty gritty, it is very difficult to judge "superior" and "inferior" genes."

      No it's not. Mother nature is the best at this, it's called natural selection. Remember the hunters that had bad vision? They are dead because they couldn't aim their spears properly. Now that we've fucked things up and kept all the crappy genes (i include some of mine in this), we're stuck. We will remain deeply flawed, and will never be able to becomes as Gods.

      --
      Trolls dont like to be Flamebait, because they burn so well. Protect our Troll heritage!
    3. Re:Us invalids? by Absurd+Being · · Score: 1

      Good vision costs resources. If you devote more to good vision than to say, your immune system, you will die in a plague. It's all well and good to aim spears well, but in a society that doesn't hunt for food anymore, good eyesight is a waste of flesh. If I'm dumb, but I don't buy the farm from disease X, it's still a good idea for me to stick around in the gene pool. The future will determine what genes are good to have around, not us.

      --
      Karma: Excellent^(-t/Tau), Tau=Wittiness/Trollishness
    4. Re:Us invalids? by Chris+Burke · · Score: 1

      Natural selection isn't so easy as "bad eyes means dead hunter".

      The "fitness" of an organism is defined by one thing: reproduction. If you survive long enough to have a kid, and your kid can do the same, then you're "fit" and your genes go on.

      So if the bad-eyed hunter was part of a larger group of mostly-good-eyed hunters, he may survive, and his bad-eye genes carry on. Maybe it'd be harder for him to find a mate, but maybe not.

      If the bad-eyed hunter was part of a tribe that used the "buffalo jump" method of hunting, then he would probably survive since eyesight wouldn't be as important.

      Maybe the bad-eyed hunter was the one that came up with the "buffalo jump" method in the first place.

      Essentially, any flaw that isn't directly fatal may survive with the organism that carries it. Nature's rule is "anything goes, so long as it works".

      Which means we were never going to become gods anyway. :)

      --

      The enemies of Democracy are
    5. Re:Us invalids? by Anonymous Coward · · Score: 0

      That this post is modded higher than its parent post is ridiculous. Having bad eyesight does not leave more resources to the body to become better at other things. Maybe it allows more neurons in the brain to take on other tasks, but these tasks would probably be things that make up for the bad eyesight to begin with and probably do a worse job at it.

      Much of the focusing of the eye is done by the cornea. A mishaped cornea can easily lead to problems like astigmatism or severe myopia, etc. Most of the mild near-sightedness that we're all familiar with is not due to genetic problems but due to the fact that we spend so much time straining our lens muscles while looking up close. However, the idea that good vision costs resources is really dumb. How does a correctly shaped cornea cost more than deformed one? How does it save you resources to have a detaching retina?

    6. Re:Us invalids? by Absurd+Being · · Score: 1

      I have the karma to have a +1 by default. My original comment was not modded up. There is no ridiculous situation here (aside from me having karma).

      Eyesight itself requires resources. If you were born with no eyes whatsoever, they could be redirected elsewhere. As for somebody with astigmatism or whatnot, how do you know it's not caused by something like a novel protien, or a mutation, such as a mutation that prevents the AIDS virus from binding to cells, or reduces the rate of telomere decay, or clears up radicals. Genetics is a system with ~10^23 variables. Proteomics is even more complicated. You can't fix one thing without breaking a dozen others. A good analogy would be randomly altering the source code to an OS. Some versions will do the task you want the OS to do better, some will do it worse. But the judgement is task based. Mutations cause many bad things, some neutral things, and a few good things to happen to the organism.

      But a better example would be sickle cell anemia. People are 'inferior' who have it, becoming tired more easily. They are also very resistant to malaria. So most genetic drawbacks are also genetic advantages.

      --
      Karma: Excellent^(-t/Tau), Tau=Wittiness/Trollishness
    7. Re:Us invalids? by Anonymous Coward · · Score: 0

      good post.

    8. Re:Us invalids? by Anonymous Coward · · Score: 0

      You're correct that a huge amount of brain function needs to go toward vision, and that we don't have even better vision because there is a balance between benefit and cost, and it just isn't worth it for the average person to have better visual acuity - that's left for other animals who have a requirement to, say, pick out a brown rodent in brown grass from hundreds of feet in the air. The amount of physical resources needed to directly maintain the eye (i.e. nutrition, vitamins, etc) I bet is rather insignificant and those resources wouldn't really make a dent if applied elsewhere. I don't think the resources argument is very good because 'good vision' means vision that works. Better than average vision means your body is putting extra (probably more than necessary) resources into your eyes and visual processing, but good, average vision just means everything was made correctly. You're still using those resources if you have poor vision, it just isn't working right due to any number of defects.

      The argument you present - how do you know it's not caused by something like a novel protien, or a mutation, such as a mutation that prevents the AIDS virus from binding to cells, or reduces the rate of telomere decay, or clears up radicals - is also not a very good one. It is similar to those who argue against abortion by saying, "what if we're killing the next Einstein." Naturally the retort would be that if the argument was correct, people should reproduce like rabbits because every time a woman has a period, that's the next great leader of the world going down the toilet. Your argument fails for smiliar reasons. The fact is that if your vision is genetically sub-par, there is an extremely small chance in hell that what caused your poor vision actually benefits you in some way. The overwhemling number of mutations are bad. The overwhelming number of mutations are bad. We learned this in biology. Now if your argument was correct, we should be irradiating everone to try to induce more genetic variation, and maybe we would get a cure of AIDS. Certainly this is a stab in the dark.

      The sickle cell anemia story is an interesting one but I wouldn't take it too far. If you remember the evidence that prompted the original research was the uncharacteristically high numbers of sickle cell individuals in areas with high rates of malaria. This was natural selection as we all know it - except at a much faster rate than we would anticipate. Now it is possible that sickle cell mutation is, say, a recessive trait that allowed our species to maintain resistance to malaria and malaria-like diseases throughout the ages. Until we understand more about why it works I don't think it would be safe to draw that conclusion. Furthermore, you conclude that 'most genetic drawbacks are also genetic advantages', and that statement is not at all validated by your one example. First, consider that you live in west africa. Would you rather 1) have sickle cell anemia, or 2) not have sickle cell anemia. What do you think most people would answer? We know that natural selection picks the most fit individuals in the long run. We do not know that it picks the most fit individuals in the short run because the short term environment is highly variable (e.g. a temporary malaria outbreak). Second, your statement goes against the major ideas in evolutionary biology.

  27. Yay, we're on the board! by Joe+the+Lesser · · Score: 1

    Privacy: 1

    Ashcroft: 58

    --
    "I only speak the truth"
    Karma: null(Mostly affected by an unassigned variable)
    1. Re:Yay, we're on the board! by the+argonaut · · Score: 1

      Sorry to burst the bubble, but it's only half time: the House still needs to pass it...

      --
      fuck you.
  28. That's a coincidence! by orkysoft · · Score: 1

    I just watched Gattaca on BRT2, a Belgian tv station. Good movie!

    --

    I suffer from attention surplus disorder.
    1. Re:That's a coincidence! by Anonymous Coward · · Score: 0

      I bet you just don't remember the first half. You probably fell asleep after two minutes, then woke up to watch the not nearly as boring second half.

  29. the House... sigh... by devphil · · Score: 1


    The Reuters article a few days ago mentioned that the bill "has languished in the House for years," largely due to the opposition of the insurance industry, who claims that the bill is unnecessary because existing laws already provide enough protection.

    (Of course it flew through the Senate. Why would they care? Do you think the Senators, their families, and their friends^Wfinancial donors, will ever have a problem affording medical teatment?)

    It'd be nice if the House pulled their 430-odd heads out of their collective asses and passed this bill, but don't hold your breath.

    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
  30. Illegal? by silvaran · · Score: 3, Insightful

    Basically, this would make it illegal for employers and insurers to deny employment or benefits based on genetic analysis of your DNA.

    So, it was illegal in Gattaca too. Hawke narrated something along the lines of "A perfectly innocent drug test could quickly turn into a peek at your genetic code."

    Beware the loopholes.

    1. Re:Illegal? by aaandre · · Score: 1

      Please mod parent up.

      How easy is it going to be to prove that a potential employer didn't do this?

      Are we going to see artificial anti-discrimination laws which require employers to hire people from "the bottom of the gene pool"?

      How long before security tech catches up and violent gene sequence owners start being "randomly" searched, watched, refused service?

      I have been amazed by how fast technology moves ahead of consciusness and personal integrity (look at the last 70 years). I am telling you, these are exciting times and there'll be a lot to tell your grandchildren if we don't self destruct or enter a Matrix-like experience by the time. (Hmmm when I think about it, a Matrix-like technology would be the ideal post-apocaliptic shelter)

    2. Re:Illegal? by Noah+Adler · · Score: 1

      Yes, please do mod parent up.

      It seems to me that more and more we are heading towards a Gattaca-esque society. It's amazing how insightful and forward-looking the film really was.

    3. Re:Illegal? by Anonymous Coward · · Score: 0
      Having seen gattaca just yesterday (Belgian public broadcaster carried it primetime, there is hope for real scifi without adds inbetween ;-) ) My impression is that genetical screening was not "illigal" or the laws making it illigal where not enforced in the gattaca world. Major spoilers ahead!

      Remember the huge empty parking lot with hundred of homeless/"invalid" people standing against the wall waiting for a dna checks by frustated and somewhat violent policeoficers? The the older cop ordered the random canvasing of "invalid" neigberhoods searching for the owner of the lost eyelash? Ofcourse these where cops, they would be allowed to do anything to find the "invalid" with violend tentencies and glasses who was at the murder scene.... (Whacked to death with a keyboard like that, who would look further then the only person with violence in his genes, ofcourse not just "invalids" with a passion have the ability to go very far.) But when the young and old cop argue over wheither this is the best way to catch their killer the young cop, the "brother" of hawk`s caracter, swallows his arguments. My impression of him is that he would have mentioned it if there would be legal problems with this search. It should be noted though that these searches where for identification, there apeared to be no analyses involved besides comparing agains known markups.

      Ofcourse there are other clues for this view with the "civilian" use of dna analyses. Remember the partner-compatibility checking boots with dark windows to protect the privacy of the person asking for a genetical compatability analysis of a prospective partner? The windows had one hole in the lower end of the windows to hand the desk attendant a hair of your partner, and on at mouth level. Hold you mouth there after kissing your partner-to-be to have his/her DNA swaped of *your* lips without your partner knowing! Ten seconds later you get a huge paperchain printout (If they still use those it must be the very near future) with not just a list os genetic features of your prospective partner but also a score on a scale of 1 to ten rating your compatibility. Would such booths excist if there where rules against the analyses of someones genetic markup possibly agains his/her wishes?

      Anyway, with most kids still being "god-born children" usians need these laws BAD, I remember a case of a small european insurer being cought using genetical test results in the calculation of premiums years ago (might be my unengineerd memory though), this isn`t science fiction, just visit you docter and ask what genitical illneses you can be tested for, you would be amazed! Dont get the test though, patient privacy isnt protected well enough anywhere in the world... even *if* you for some reason really wanted to know something of your possible future.

    4. Re:Illegal? by vrai · · Score: 1
      "A perfectly innocent drug test could quickly turn into a peek at your genetic code."
      IMHO there is no such thing as an 'innocent' drug test, and I'd refuse to work for any company that insisted on one. Not because I'm worried that I'd fail, but because the contents of a person's urine/hair/blood are utterly irrevelant for 99% of jobs.

      Luckily, in the UK at least, the companies that you'd actually want to work for don't have testing. So any company that does insist might as well stick a poster outside of their HR office proclaiming: "Don't work for us, we'll treat you like s***".

  31. Excellent news! by nacturation · · Score: 1

    I, for one, thank our genetically inferior overlords for this.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  32. the law doesn't matter by netbornmusic · · Score: 1

    When the technology will be available, they'll find the way to use it against people. It doesn't matter what the law says. They'll just claim other legal reasons to justify rejections, etc.

    --
    We could have saved sixpence. We have saved fivepence. ... But at what cost? (Samuel Beckett)
  33. wow, what complete stupdity by dh003i · · Score: 1, Troll
    Insurance companies asking medical questions violates no-one's privacy. One chooses to or not to have health insurance. Individuals more likely to get various diseases and ailments should pay higher premiums. That's what makes insurance possible and efficient. It's no more reasonable to say that someone who's 80% likely to get alzheimer's based on his or her genome should pay the same premium as someone who isn't, than it is to say that somone who smokes should pay the same premium as someone who doesn't. I suggest you all read The Insurance Scam.

    If someone doesn't want to reveal their genetic information to a health insurance company, then they will either have to pay a higher premium by default to cover all of the unexpected risks, or find another company. No-one has the right to get insurance from any particular company at a low rate.

    Individuals who think like this obviously have a complete lack of understanding of how insurance works, as well as a complete lack of understanding of economics and praxeology. All that these laws are going to do is force people who are perfectly healthy and likely to be so all their lives to pay higher premiums, to cover for freeloaders much more susceptible to various risks.

    The idea of sound insurance is pretty simple. Let's say I'm taking out a term life-insurance policy for the next 10 years. If I'm twice as likely to die in that next 10 years than another person, it makes sense that I pay twice the premium. On the free market, healthy people aren't going to go to insurance companies that charge them higher to allow unhealthy people to freeload.

    1. Re:wow, what complete stupdity by Anonymous Coward · · Score: 1, Insightful

      Except the article forgot one thing: A person can't choose its own genetic markup once it is born. Seriously, how many people have 'perfect genes'? If you are less than that of the 'perfection', or if your DNA gets 'obsoleted' after a few years, should you be thrown away like some old computer trash?

      The scenario you proposed only works if genetic predispositions and their expressions can be upgraded well within one's lifetime and at costs affordable to most, punishing people for the 'mistakes' made by their parents only create more problems than genetic discriminations can solve. Equal rights mean nothing if we keep on promoting systems that promote unequal rights.

    2. Re:wow, what complete stupdity by joeldg · · Score: 2, Insightful

      actually insurance is sort of like a private socialization of society.
      i.e. think.. insurance is a *business* that makes a LOT of money.. The idea that sick people should not be allowed to get insurance, or that insurance is not allowed for someone with a genetic defect (proven through DNA testing) is absurd.
      Otherwise, you will have insurance companies that simple select the people they know will not ever get sick and reject all the rest. This makes them money, profit being the bottom line.
      Now, on some levels this could be great (i.e. weeding out inferior gene stock etc..) however we would be drastically reducing our labor market.. So, who is going to empty your trashcan and "biggie-size" that for you?

      The point is, our government won't do national healthcare even when Canada of all places has that, so we are stuck making do with insurance companies, and that has to cater to the lowest common denominator..

    3. Re:wow, what complete stupdity by Anonymous Coward · · Score: 0

      > Equal rights mean nothing if we keep on promoting systems that promote unequal rights.

      You meant 'Equal rights mean nothing if we keep on promoting systems that makes people with lesser rights less capable of excercising them,' I suppose?

    4. Re:wow, what complete stupdity by ovit · · Score: 0

      Excellent Post!

    5. Re:wow, what complete stupdity by the+argonaut · · Score: 2, Insightful

      Who gives a damn about economics? So that the rich genetically "inferior" individuals will be able to afford health insurance and the poor won't? Kinda like what we have now (particularly here in the U.S.)? The problem with free market solutions is that in the end they boil down your worthiness and value to on thing: the size of your bank account. I'm sorry, but I refuse to agree the Bill Gates and his ilk are really more valuable to society than the millions of people who actually do the work that make them rich, and when it comes to something as fundamental as health care, socializing the costs (oh no, I said the 'S' word!) is probably the fairest solution you're going to develop to insure some semblance of equal access to all.

      Furthermore, given that as the article states (as if you had actually read it) many of the genetic predispositions will amount to ABSOLUTELY NOTHING as the individual in question may not ever even develop the disorder or by diagnosing it earlier can take action to decrease the chances of developing it, it seems it would be rather unfair to discriminate on the basis of his/her genome.

      Of course, what do free-marketeers really care about fairness...

      --
      fuck you.
    6. Re:wow, what complete stupdity by Waffle+Iron · · Score: 2, Insightful
      "Insurance", by definition, covers unpredictable risks. As medical science provides more and more means to predict an individual's medical future, the possible space for issuing insurance for that person's health shrinks. Maybe one day the "health insurance" industry is going to shrink itself out of business.

      The problem is that for a significant portion of the population, individual insurance is useless because it is easy to determine that they are or are likely unhealthy enough so that unaffordable premiums are necessary. In fact, almost everybody will be eventually be in this boat as they get older. (Oh wait... they might not. We've already completely socialized healthcare for old people. It's just that the young people who pay for their care don't get to join in on the benefits paid for by our payroll taxes.)

      Individual insurance can't cover the needs of many people, so most rely on "group insurance". This isn't really insurance, though, because the providers aren't doing the homework to see who's a risk an who's not. They just close their eyes and accept the whole group. Kind of like a mini corporate-sponsored commune.

      For some unknown reason, everybody seems to think that all of the people who happen to work for one employer makes a natural "group" to do this blind communal risk sharing. That doesn't change the fact that some people are sicker and are "freeloading", as you put it, off of the others in that group. Why is that any more fair than any other manipulation of "insurance" rates?

      IMO, most everybody who wants health coverage would agree to sign into one universal risk pool over the span of their lifetime in return for an end to the stress over being kicked out of the system if they change employers after they or one of their dependents get sick. Sure, a young healthy person might pay a little more up front, but the unpredictability of the current system would be erased. And someday the currently healthy person is most likely going to get back what they put in to the pool.

    7. Re:wow, what complete stupdity by cduffy · · Score: 1

      Now, on some levels this could be great (i.e. weeding out inferior gene stock etc..) however we would be drastically reducing our labor market.. So, who is going to empty your trashcan and "biggie-size" that for you?

      Eh? This insinuation that people on the lower end of the labor market tend to be more prone to genetic issues is... well... silly. Anyhow, any event which resulted in a substantial population decrease (and I'm *not* accepting that this is in fact the case) wouldn't necessarily result in a misbalanced society: Folks with good genes can empty trashcans and "biggie-size" burgers as well as anyone else.

      In any event, I know of fairly few people who've been at high risk of premature death due to genetic issues -- and if there were a demand for it, don't you expect that insurance companies would offer a coverage option which covers *non*-genetic-related health issues? I wouldn't expect anything nearly as drastic as your comment indicates to result from health insurance being substantially more expensive to those who pose a higher risk of genetic health issues.

    8. Re:wow, what complete stupdity by soft_guy · · Score: 1

      That's right. It's bills like this that allow free loaders who had the nerve to be born without money to use the air, which industry needs for polluting.

      --
      Avoid Missing Ball for High Score
    9. Re:wow, what complete stupdity by joeldg · · Score: 1

      perhaps you are right, and my example was really meant as an just that, and example (i.e. very poor people generally don't have insurance anyway)..

      however, play it out, think of it in realistic and very dry and draconian terms (as if you were an insurance company):
      Genetically superior people will generally be able to work more and better than people who often call in sick. Therefore these people are more likely to get raises and or higher positions/pay. This means these people have more money.

      If you don't think that they break it down to things like this, then it might be time to pull your head out of the sand. They really do.

      Why does the government care about a murder? because a taxpayer has been killed.

    10. Re:wow, what complete stupdity by RealAlaskan · · Score: 1
      Let's say I'm taking out a term life-insurance policy for the next 10 years. If I'm twice as likely to die in that next 10 years than another person, it makes sense that I pay twice the premium.

      You're on the right track here, sort of. Insurance is supposed to be about spreading risk.

      I don't like your example, so I'll make up my own: We all know that anyone's house could burn down, so we'll all chip into a fund to replace them when they do. That's insurance, and it makes sense. It doesn't change the total expected loss to the community, but it reduces each individual's maximum expected loss. The insurance provides certainty: you will lose the amount of the contribution every year, whether your house burns down or not. Anyone's house can still burn down, but it'll be replaced by the fund.

      If we realize that alcoholic smokers are almost the only ones who are having house fires, we have a new problem: we aren't just spreading risk and thus reducing the maximum loss to everyone, we're also reducing the expected loss for some and increasing it for others. Now the safe householders are subsidising the carelessness of the careless householders.

      There are two ways to deal with that:
      1) Decide that universal fire insurace is so important to the community that this subsidy is worth having, despite its unfairness.
      2) Decide that each person will be charged his expected loss. Accept that some will choose not to participate (or will simply be unable to), and will eventually be left destitute.

      Substitute ``health insurance'' for ``fire insurance'' and you have the current situation in the US. The US consensus on health insurance seems to be close to choice (1): we want to cover everyone, but do it poorly. Unfortunately, our system is cleverly designed to deliver option (2): we charge folks according to their expected medical bills.

      Those who are unlikely to need insurance find it sort of cheaply, since they aren't subsidising (directly) the very ill, while those who have a high probability of needing medical help can't get it, and couldn't afford it if it were offered.

      We still subsidise the health care of the uninsured, through large writeoffs by hospitals and physicians, huge prices for medical care to cover those writeoffs, and the inefficiencies that come from making the emergency room the primary provider for many people who need to see a physician regularly.

      My point? We've tried to choose options 1 and 2, and gotten a terrible implementation of option 2. We need to make up our minds! This business about insurance companies using genetic information is just the latest symptom, it's not the problem.

    11. Re:wow, what complete stupdity by isaac · · Score: 1
      Individuals who think like this obviously have a complete lack of understanding of how insurance works, as well as a complete lack of understanding of economics and praxeology. All that these laws are going to do is force people who are perfectly healthy and likely to be so all their lives to pay higher premiums, to cover for freeloaders much more susceptible to various risks.
      Sorry, but private socialization of risk is the point of insurance. Insurance is pointless if only the people who don't need it are able to buy it. Who's going to tend to the "freeloaders" who got dealt a lousy genetic hand through no fault of their own? If they're not insurable and not employable due to genetic discrimination, what then? Send them to die in the streets like Reagan emptying the asylums?

      Talk about a recipe for social unrest.

      Because business is inherently risk-averse, it's not always desirable for businesses to know everything about everyone - the creation of a permanently unemployable, uninsurable, unhouseable underclass. Then these people really will be freeloaders - the opportunity for them to be productive members of society will have been pulled out from under them due to discriminaton based on factors beyond their control.

      You didn't write the word eugenics, but I can read it strongly between the lines.

      -Isaac

      --
      I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
    12. Re:wow, what complete stupdity by LoRider · · Score: 1

      You are right about the stupidity, but I am thinking about you. You are correct, from a free-market standpoint, but reality needs to come into play once and awhile. According to your free-market view of the world those who need insurance probably won't get any and those that don't need insurance will get insurance. You are also right that we are not granted a right to insurance, but maybe we should be.

      You are an obvious free-market zealot who can see know reason that inferior people, those who are sick or raised in poverty, should get any help. In your world if they couldn't make it in a free market society that's too bad. However, as anyone who has read any history at all, free-market societies won't succeed without some social programs to help those that are just fucked at birth and regulation to curb rampant greed (e.g. Enron). By social programs I mean: education, libraries, health care for all, etc. The haves can't just trample on the have-nots without eventually there being a revolution, there have been a few of those in history. In all societies there are more poor than rich and the rich can't just piss on the poor at will.

      I am all for free-markets but we should have compassion for those that can't help themselves or that need a little assistance - some call that being humane or perhaps kind. I found your post to be sad, not 'insightful'.

      --
      LoRider
    13. Re:wow, what complete stupdity by lurker412 · · Score: 1

      Insurance works by spreading the risk over a large pool of people. If future scientific advances give us the ability to predict with total certainty who will get sick and who will not, the lucky ones will know that they don't need insurance and the unlucky ones won't be able to buy it. End of insurance.

    14. Re:wow, what complete stupdity by joeldg · · Score: 1

      thank you for this eloquent reply to that moronic post.

      "private socialization" is the real point here..

      I am wondering now if that post was merely a flamebait because any person who thinks that is either horrible uneducated or has no concept of how the capitalist society works when mingled with private socialization for distributed risk management. :)

    15. Re:wow, what complete stupdity by MBraynard · · Score: 1

      I agree completely. Thanks for saving me the trouble of making a similar post.

    16. Re:wow, what complete stupdity by Malor · · Score: 1

      There's another side effect to insurance that people don't often get; having insurance encourages risky behavior. If you know that your house will be replaced if it burns down, you're probably going to be less cautious with fire. Insurance can thus have the effect of actually INCREASING the net cost to society.

      In real life, you see this with flood insurance and people building houses on flood plains. Without insurance, hardly anyone would be stupid enough to build there, or at worst would build very flood-proof houses. With insurance being available, people know they are covered and build (or rebuild) houses in places that houses simply shouldn't exist. And in really bad floods, the Feds even step in and declare a case of emergency, and reward the stupid behavior even MORE.

      I'm not saying insurance is wrong, but I AM trying to point out that it's often a feel-good palliative with a high hidden price tag.

      Insuring against the consequences of stupidity encourages stupid behavior.

    17. Re:wow, what complete stupdity by Anonymous Coward · · Score: 0

      This IS what happens.

      go check out the Medical Insurance Board

      I was just rejected for health insurance because I went to a doctor for valium after quitting using heroin. It was six years ago when I was 23. Never needed to see a shrink, or a counseler, or any other sort of medical person. I got generic valium which would have cost me less than $50 if I had known it would be on my permanent record. Anyway, used it for two weeks to help with the anxiety of withdrawal and that was it.

      Now, I got laid off from my job and don't want to spend $370 a month for CORBA. I have no choice. Couldn't even get insurance with a $5000 deductable. I have been rejected by every single insurance company (and there are really only about seven that sell individual plans).

      Yeah, I know I fucked up. But does this disqualify me from all health insurance, even a $5000 deductable? That is hard to accept.

    18. Re:wow, what complete stupdity by Anonymous Coward · · Score: 0

      Individual insurance can't cover the needs of many people, so most rely on "group insurance". This isn't really insurance, though, because the providers aren't doing the homework to see who's a risk an who's not. They just close their eyes and accept the whole group. Kind of like a mini corporate-sponsored commune.

      This is absolutely false. There is a credit reporting agency which tracks your medical history, and it is used for determining if you qualify or not for health insurance as well as life insurance. Some states like New York do not allow companies to reject applicants however.

      Check it out

      Scary stuff.

      I have been rejected for health insurance before because of data in their database.

    19. Re:wow, what complete stupdity by benzapp · · Score: 1

      Send them to die in the streets like Reagan emptying the asylums?

      Do you really think the president has any power of asylums? You must wish we lived in a dictatorship...but you got it wrong. The supreme court made impossible to commit anyone into an asylum unless it could be proved they were an imminent threat to society or themselves.

      I am not going to bother digging up a link, but do you really think Reagan wanted to see all these crackheads and drunks on the streets? My god... I see the filth on the streets today and I almost wish we had a dictator who could just clean this place up.

      --
      I don't read or respond to AC posts
    20. Re:wow, what complete stupdity by Anonymous Coward · · Score: 0

      In New Zealand there is a compulsory no-blame system called ACC (Accident Compensation Corporation). It's things like this that encourage kiwis to jump off bridges with a bit of rubber strapped to their ankles.

    21. Re:wow, what complete stupdity by Anonymous Coward · · Score: 0

      Emm... Not exactly. No.

      a.) I have auto insurance. Full coverage with a $250.00 deductible. If I get in an accident, no real sweat off of my back, save for the $250.00. I get a rental car while my car is being repaired, or my loan gets paid off and I go buy a new car. No big deal. Does this encourage me to drive like an idiot? Hell no! Aside from possible, and pesky, death and dismemberment, I hate rental cars, I would like my insurance rates to remain reasonable, and the entire ordeal would just be a huge pain in my ass. I have insurance because, aside from the fact that it is illegal *not* to, I would probably be SOL if I were to get into an accident and have to cover all consequential costs out-of-pocket. Auto insurance does not in any way make me "less cautious" while driving.

      b.) I have homeowner's insurance. $500.00 deductible; covers damages totaling more than all the property I own combined. House burns down? I pay $500.00 and sleep in a hotel for awhile... Does this make me more prone to leave my gasoline-soaked rags near the radiator? Hell no! Aside from the possible, and pesky, death, dismemberment, and incinerated pets, I don't want all my shit to get burned, and I would certainly *not* enjoy having to stay in a hotel, whilst attempting to quickly replace my house and possessions. Same thing as with the car -- I would be SOL were I to have to pay all consequential costs out-of-pocket, and that is why I have insurance. Homeowner's insurance has not made me any "less cautious with fire", or with other things.

      Etc., etc., etc.

      All the various forms of insurance do not "insure the consequences of stupidity". And that's a stupid statement to make. Insurance exists, like most other things in our society, because there is a demand for the service, and a profit to be made while supplying the service.... Just because it can be a service that offers one piece of mind and/or a feeling of added security, certainly does *not* mean that it encourages risky behavior. Perhaps you are confusing these things?

      As for people building houses in "places that houses simply shouldn't exist"; one word: Rates. That's right! They pay *more* for insurance because of where they live! Insurance companies have more statistical data on this kind of thing than you can shake a stick at... This is their bottom-line they're protecting, after all! Meh.

    22. Re:wow, what complete stupdity by Waffle+Iron · · Score: 1
      This is absolutely false. There is a credit reporting agency which tracks your medical history, and it is used for determining if you qualify or not for health insurance as well as life insurance.

      Yes, I know that they already know all about your medical history. That's why I said that group health plans are not really insurance: They ignore information that they already have about your risk profile.

      They do keep the info around, however, just in case you ever do need to buy real insurance from them in the form of an individual policy.

    23. Re:wow, what complete stupdity by Anonymous Coward · · Score: 0
      Insurance companies asking medical questions violates no-one's privacy.... If someone doesn't want to reveal their genetic information to a health insurance company, then they will either have to pay a higher premium by default to cover all of the unexpected risks, or find another company. No-one has the right to get insurance from any particular company at a low rate....


      This poster is wrong for several reasons, outlined below...


      You're seeing it entirely from the point of the insurer; as an insurer you would only want to insure those people who you know won't actually NEED the insurance. That maximizes profits. The problem with that view is that insurance is supposed to serve society in general by spreading out the risks over a larger population. That way something that would destroy an individual is easily born by everyone. I know some ultra-captialists reject the notion of a common good, but they're on crack. There is such a thing, and it is worth preserving.


      Anyway, there are several reasons why this is a good bill. 1) Information parity. In order for insurance to maximize the twin goals of profitability and societal benefit you want the insurer and the insured to be on an equal footing when it comes to their access to information. In practice, if insurance companies were allowed to use DNA they would have an overwhelming advantage; very few individuals have the money for the DNA tests and access to the statistical databases to accurately gauge their chances. By limiting companies access to such information you even the playing field. If insurers had perfect information (or even very good information) they would not be taking any risk. That defeats the whole point of insurance - which is that you take a risk, but make a profit. The same holds for the insured - if you KNEW you wouldn't get cancer, you'd not bother to get insurance. In the extreme case, only those who were guarateed to need insurance would want to get it - and they would not be able to. 2) It makes for a larger pool. Insurance works by spreading risk over a large pool of insured so everyone bears a tolerable risk. ("pool" refers to a group of people with the same risk profile) However, with perfect information, the size of the "pool" becomes a single individual. There is no point to insurance if the pool is too small.


      Individuals more likely to get various diseases and ailments should pay higher premiums. That's what makes insurance possible and efficient.


      No, that's not true. Taken to the extreme, only those who need the insurance should buy it. At which point it does no good, because the premium would cost as much as the illness, and you might as well not be insured. Insurance is only possible if some of those who will not need it agree to pay premiums.


      And then there is the simple fact that we ALL have genetic baggage - be it heart disease, insanity, addiction, or just plain being fat and ugly. Life will be much more tolerable for everyone iff we all just acknowledge that fact and share the associated burned evenly.


      All that these laws are going to do is force people who are perfectly healthy and likely to be so all their lives to pay higher premiums, to cover for freeloaders much more susceptible to various risks.


      The point is that going into the game no-one knows their risk. Maybe you're the freeloader, because maybe you're the one who will get cancer and need treatment. Remember, they still can (and do) adjust premiums based on behaviour (try getting life insurance after you've told them you are a private pilot who also enjoys scuba diving and parachuting). We're talking about INBORN genetic risk, which no-one can control.

    24. Re:wow, what complete stupdity by Doctor7 · · Score: 1
      In real life, you see this with flood insurance and people building houses on flood plains. Without insurance, hardly anyone would be stupid enough to build there, or at worst would build very flood-proof houses. With insurance being available, people know they are covered and build (or rebuild) houses in places that houses simply shouldn't exist.

      Interesting contrast. Here in the UK there seems to be much less trouble with getting some kind of health cover, but uninsurable property is getting more and more common. I'm pretty sure flood plains are now up there on the 'not a chance' list along with eroding coastal locations.

    25. Re:wow, what complete stupdity by hackstraw · · Score: 1

      Otherwise, you will have insurance companies that simple select the people they know will not ever get sick and reject all the rest.

      If I knew that I would never be sick, I certainly wouldn't pay for insurance in the event that I would get sick. If thats their business model, then they are going down the tubes pretty quickly.

      Also, aren't people already directly impacted by their DNA without testing? Typically, don't bright (DNA gifted) have more positive oportunities based purely on that fact? Aren't the less DNA gifted "biggie-sizing", etc?

    26. Re:wow, what complete stupdity by Rich0 · · Score: 1

      It brings us back to the point of insurance.

      I don't buy oil change insurance for my car. I do buy accident insurance. Oil change insurance is pointless - I know how much oil changes will cost me and when they will be due. I don't know about accidents.

      If we do get to a point where DNA testing can tell somebody at age 2 that they'll get cancer at the age of 50, what is the point in buying insurance? I can see buying insurance for all health problems OTHER THAN CANCER. If somebody knows they won't ever get cancer, they also wouldn't want insurance for it. Insurance will always be useful for broken legs, being hit by a car, etc.

      Now, whether people deserve medical care if they get cancer at age 50 is an entirely different matter. But I don't think this should be treated as "insurance" - you're just paying a corporation to take a non-existent risk - cancer is either unlikely or a certainty in the GATTACA world. Contruction companies buy insurance in case something goes wrong, but when there is a known issue that could cause a problem they use planning to mitigate it. Likewise, how you handle known health problems is likely to differ from how you handle unknown ones...

      If governments want to have guaranteed health care for those predisposed to cancer, fine - just don't call it insurance.

    27. Re:wow, what complete stupdity by Malor · · Score: 1

      You are used to being insured and seem to have trouble imagining that it affects your behavior.

      Let me turn the question around backward; if you were unable to get insurance for your home, don't you imagine that you'd be a little more careful about protecting it? Likewise, if you didn't have auto insurance, wouldn't you be exceptionally careful while driving? I sure as hell would be; a single accident, even a relatively minor one, could cost me everything.

      If there were no such thing as insurance, it seems obvious that people in general would be much more careful, because the outcome of an accident would be so much worse. Thus, there would be fewer accidents. In other words, in exchange for reducing individual risk, we have probably increased the overall risk/cost of accidents.

      I'm not arguing that this is a bad outcome, just that it is true. I'm not saying that insurance is inherently bad, as long as it is voluntary on everyone's part. What I am trying to point out is that the existence of insurance has an impact on society that is not necessarily obvious, is almost never thought about, and should absolutely be taken into consideration.

    28. Re:wow, what complete stupdity by Rakarra · · Score: 1
      Emm... Not exactly. No.

      *snip*

      Auto insurance does not in any way make me "less cautious" while driving.

      Yes, but health insurance is a different beast. Health insurance does encourage "I don't have to pay for it, so why not?" behavior on both the doctor and patient. 5 CAT scans in an apendectomy (I believe it was a CAT scan). Prescription drugs that the patient doesn't really need. If the patient had to pay for it directly instead of indirectly, you would see far fewer unnecessary expenses in the medical world, and the designer drug industry that is so prevalent in advertising these days would be much smaller.

    29. Re:wow, what complete stupdity by Rakarra · · Score: 1
      Send them to die in the streets like Reagan emptying the asylums?

      Do you really think the president has any power of asylums?

      The parent comment was refering to actions Reagan took when he was governor of California, not President.

  34. Hooray for us genetically inferior invalids! by Rosco+P.+Coltrane · · Score: 1

    Well, speak for yourself, I don't feel concerned by that remark, and neither does my therapist. So there ...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  35. The meaning on non-descrimination gets fuzzy... by Atario · · Score: 1

    ...when you start engineering people's genes themselves. For instance: let's say you're hiring, but not supposed to discriminate against someone because they have or have not been genetically engineered. That leaves you judging on performance alone, right? But happens when someone who is genetically engineered to be perfect for the job you're hiring for comes along? Won't they automatically be better for the job anyway?

    What is non-discrimination in this case?

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    1. Re:The meaning on non-descrimination gets fuzzy... by dissy · · Score: 1

      > But happens when someone who is genetically engineered to be perfect for the job
      > you're hiring for comes along? Won't they automatically be better for the job
      > anyway?

      Yes, and will probably get it.
      Just like when the script for a movie calls for a short stocky white man. Not hiring a black person is not discriminating in that case.

  36. Never Gonna Live This One Down by stoolpigeon · · Score: 1

    When you look at the bill, it appears that genetic privacy wont be protected, but after seeing it about 15 times this morning, it looks like genetics are kept private. Initially, I was like "what a dumbass", but now, no matter what he did, he's done.

    This poor guy is never gonna live this one down.

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
  37. Prior Art already found by boy_afraid · · Score: 1

    Uhh... doesn't Adam and Eve count as prior art in this patent case?

    1. Re:Prior Art already found by Anonymous Coward · · Score: 0

      Thats only if you are a bloody Christian you racist religious fuck.

      There are those of us here who believe in such things as evolution.

      ~m

    2. Re:Prior Art already found by Anonymous Coward · · Score: 0

      Yes, but you are all going to hell. Not to worry, I'll hock a loogie down on your stupid asses in between fucking my nine wives in heaven so that your fiery torment won't go entirely unrelieved.

    3. Re:Prior Art already found by Anonymous Coward · · Score: 0

      Parent is a troll. Real creationists don't spell that well.

    4. Re:Prior Art already found by boy_afraid · · Score: 1

      Hey, fucking idiot, what I said was meant as a joke, get a fucking clue. I'm more of a evolutionist, science.

      BTW, in case you didn't know, it's not the Christian fucks that are blowing up everything.

  38. Even in the company by garrulous · · Score: 1

    some individuals were better accoutered than others, the genetic makeup supposedly belonging to the protagonist put him on the fast track in the company.

  39. Gattaca-esque society by Anonymous Coward · · Score: 0

    Isn't that Chinese astronaut wearing a double-breasted suit in orbit? Gattaca is already here!

  40. There is no reason for ANYONE by poptones · · Score: 1
    Science has outpaced itself in this case. Until there are genetic treatments to "cure" ailments there is no need for ANYONE to have your genetic information except, if you desire it, you.

    Prohibiting employers from discriminating on the basis of genetics means nothing, because they can always lie. and prohibiting insurance companies from denying coverage means ABSOLUTELY nothing, because they can just do exactly like they already do with cancer patients and make the coverage so freaking expensive they'd need a grant from Bill Gates to pay it.

    1. Re:There is no reason for ANYONE by kfg · · Score: 1

      "Ah, well, we see you have Cystic Fibrosis. That pretty much means we can expect you to be dead soon. So yeah, we'll sell you $250k life insurance. It'll only run you about. . . $250k. Private medical insurance? Yeah, right Bob. Blow me."

      And of course since my genetic disease is already diagnosed potential employers don't have to rely on testing to pretend they didn't hire me because of my condition.

      Laws like this one will actually help a lot of people from being unjustifiably discriminated against, but if you're already known to actually have a disease you're pretty well hosed, no matter what the laws say.

      Finding plausable reasons for not hiring someone isn't exactly hard.

      KFG

  41. Effect on sports [far-fetched] by kutuz_off · · Score: 1

    Does it mean major sports leagues won't be able to ban genetically modified humans from competing with naturally-bred ones?

  42. I will put a penis into you by Anonymous Coward · · Score: 0

    I will put a penis deep in your ass, and you will enjoy it. You see, you are a flaming homosexual faggoty gay-o, and you love the cock up your pasty-white ass.

    If you're wondering, it's not my penis I'll be putting up your ass. It's Zac's.

    -- The WIPO Avenger

    1. Re:I will put a penis into you by Anonymous Coward · · Score: 0

      I'm not J^raxis. I'm The WIPO Avenger. I'm a fucking superhero. I, um, avenge the death of the WIPO Troll. And I wear a gay-o superhero costume like that faggoty guy who followed Batman around.

      -- The WIPO Avenger

  43. Backwards by Duckman5 · · Score: 1

    I think you have that a bit backwards. At least for younger people guys have MUCH higher insurance rates than women. They have some sort of statistical evidence that guys are more likely to cost them more money and use that justify gauging us for money.

    1. Re:Backwards by Telastyn · · Score: 1

      Ah sorry, you are likely correct. From where I was being shafted it was hard to tell :]

      The original question still holds though...

  44. the future by pizza_milkshake · · Score: 1
    it seems that we're not heading towards a Gattaca-esque society, after all.

    don't worry, we still have plenty of chances!

  45. Information is a commodity by DigiShaman · · Score: 1

    Remember, information is a commodity. So once private information about you is known, all it takes is some money and a person willing to sell it. Ever heard of private investigators? How about information brokers? Remember, never trust a stranger.

    --
    Life is not for the lazy.
    1. Re:Information is a commodity by cmowire · · Score: 1

      True. Although I'm not sure if anybody has yet established an information broker about your medical information. The big thing stopping this is patient privacy. Your records are very hard to dig up normally because of a series of laws including HIPPA, even for a private investigator.

  46. I guess you've never been to south beach by garrulous · · Score: 1

    nt

  47. Gattica by lobsterGun · · Score: 1

    Isn't part of the back story of Gattica that it was illegal to use DNA, but everyone did it anyway.

  48. Retirement plan by Anonymous Coward · · Score: 0

    Great my kids can pay me licese fees!!!!

  49. creepy stuff by BalkanBoy · · Score: 1
    Forget Gattaca, this would look more like Minority Report, should they fail to account for gene mutation from generation to generation...

    "What would you do if you were accused of a murder, you had not committed... yet?"

    It'd be like heaven on earth for insurance companies...

    --
    'A lie if repeated often enough, becomes the truth.' - Goebbels
  50. effective denial by Anonymous Coward · · Score: 0

    This bill is a good start. It doesn't go far enough. It is good to say "You cannot deny insurance to somebody based on an analysis of your DNA". However, what will arise from this while still avoiding the law is insurance companies saying "Analysis of your DNA shows you are a huge risk. While everybody else pays $1 for insurance, you will pay $100." You can make it so that it's not worth it (eg. you pay $1, and if you die, we'll give you $1) for people to buy insurance, which is effective denial.

    This is a bill with no teeth for the insurance industry.

  51. I'm still concerned.... by Dr_Marvin_Monroe · · Score: 1

    I dont get the posting...here's where the issue gets murky for me...

    Basically, this would make it illegal for employers and insurers to deny employment or benefits based on genetic analysis of your DNA.

    Does this sentence mean that they (employers & insurers) can look but not act?...Or does it mean that they have no legal right to the information and it is legally equiv. to stolen goods(kinda like illegal mp3's)?


    I still don't trust the bastards

    1. Re:I'm still concerned.... by Anonymous Coward · · Score: 0

      From the article (for those unwilling to register):

      "It would prevent health plans from deciding enrollment based on genetic information and from using such information in underwriting. Employers would be permitted to collect genetic information just to determine workplace exposures and could not use the information in hiring."

    2. Re:I'm still concerned.... by Dr_Marvin_Monroe · · Score: 1

      That's exactly the point of what I previously wrote. I'm thinking that you didn't get my point, so here it is...

      "It would prevent health plans from deciding enrollment based on genetic information and from using such information in underwriting."

      There is no statement there about them "having" the information, owning and/or trading the information with other companies. How about if Aetna and StateFarm got together to "review" each-other's policy holders?...how about if it WASN'T Aetna, you health care insurer, but it was State-Farm that looked at your information and decided that you were too high risk. That would be legal under the wording above.....YOUR policy holder didn't evaluate your risk or decide you premiums based upon it, State-Farm did. They are seperate and simply issued a "we would/would-not carry" statement on each policy holder. Aetna could then drop the client or up the premium based upon what the "other" carrier would do, not any actual information on genes.

      I hope that you see where I'm going here, I believe that the insurance companies would use any means at their disposal to eliminate the 99.999999% genetic inferiors that make up the human race (you know, nobody's perfect) from the insurance pool, or at least make almost everyone a "high risk."

      Nowhere in any of the article is there a statement that they (the insurance companies) should not even have that information!..It's all about "what or what not they can decide" based upon it...why not simply say "you cannot collect or possess personal genetic information about any human" Possession of personal genetic information about another individual is illegal unless specifically authorized by the "copyright holder," i.e. the person to whom it belongs.

      This fix would bring genetic information into line with all other IP based information. It would also make everyone the owner of their personal information. Something I think is important.

  52. This bill brought to you by... by Anonymous Coward · · Score: 0

    The following bill, which protects citizens from disrimitation based on the size our their parents gene pool, was sponsered by your Senators from.... Maine (Primary sponser of bill) Tennessee Texas Utah Ohio South Dakota Massachusetts Nebraska Wyoming Maryland Louisiana Missouri Washington Vermont

  53. stealing genes by Anonymous Coward · · Score: 0

    There should be laws against stealing cells or body tissues to do genetic experiment. This is far more serious and objectionable.

  54. I, for one, by mobby_6kl · · Score: 0

    oh no no no don't mod me -1 Troll!

  55. No... seriously! by zoloto · · Score: 1
    Snippit:
    Employers would be permitted to collect genetic information just to determine workplace exposures and could not use the information in hiring.

    So why would employers need this information in the first place? I can't see any reason McDonalds would use this, or hell... even the regular "office" setting. But there may be a possibility of someone working in a dangerous setting such as being exposed to chemicals or toxins, nulcear radation etc.

    Pardon my ignorance on the issues regarding radiation etc.
    1. Re:No... seriously! by joeldg · · Score: 1

      If you have had a blood test, your DNA is in the system..
      CODIS I think it is called, used in healthcare and for crime-fighting peeps like CSI etc..

      As an ex military person I know I am in there, they did mandatory DNA sampling. I cooked mine in the microwave for a while before handing it in though.. :)

    2. Re:No... seriously! by cyril3 · · Score: 1
      If you had the chance to cook your DNA before handing it into a database then no-one has anything to worry about . With a chain of evidence like that who could ever prove whose dna is whose.

      Or you'll look like an alien and get picked up and dissected first time someone looks at your sample.

    3. Re:No... seriously! by joeldg · · Score: 1

      hahahahaha

      yea, that actually is scary that I might get picked up and dissected at some point..

      either that or when we go the ultimate draconian route (i.e. hitler'esque) and they decide to remove the lower portion of the genetic bellcurve.

    4. Re:No... seriously! by Woefdram · · Score: 1
      "So why would employers need this information in the first place?"

      I'm not into Conspiracy Theories, but in this case it's clear. An employer wants to estimate the chances that someone they're going to hire, is going to be sick. If you're a construction company and you hire someone to do the heavy work, you'd like to know upfront if that person will be able to do it. Would be sad to find out a few days later that he's got a weak back and can't lift more than a sixpack longnecks (no pun intended).

      So far, so good. After all it's for the benefit of both not to give this particular person this particular job. But now for a more suble problem. Suppose I want a health insurance. Now my insurance company-to-be tests my genes and finds out I have some sort of a disease that will eventually land me in hospital over and over again, thus making me very expensive for them. So, they would do the same thing as the construction company in the example above: they refuse to accept me.

      But wait a minute... Health insurance, wasn't that about covering medical costs that you can't pay on your own? The idea of raising money together so that we can have our expenses paid if we need it? So in this way, an insurance company is rejecting exactly those people that need the insurance. It's a bit like a car salesman telling you that you can only buy the car if you're not planning to drive it.

      Good thing, this ruling.

      --

      Woefdram, l'apprenti sorcier

    5. Re:No... seriously! by aldousd666 · · Score: 1

      Actually, I believe that's what all this fuss is about -- making employers less like hitler.

      --
      Speak for yourself.
  56. gattaca by Anonymous Coward · · Score: 0

    uhm... it WAS illegal to discriminate based on genetics in Gattaca... the laws were just ignored and not enforced.

  57. Um, not necessarily by Txiasaeia · · Score: 1

    In _Gattaca_, Ethan Hawke's character specifically mentioned that it was explicitly illegal to discriminate against those with a lesser genetic code. However, if a potential employer asked for a urine sample for a routine drug test, that wouldn't stop them from testing your DNA. The US still might be heading towards a Gattaca society; indeed, the first legal component is now in place.

    --
    Condemnant quod non intellegunt.
  58. Actualy we are on our way to a Gattaca future... by Anonymous Coward · · Score: 0

    If you actualy have watched the movie you would note that it is also against the law in that story to discriminate based on ones genetics. Problem is there is always another little flaw that they can use to try and reject you.
    In reality this law, just like all of the other discrimination laws, realy arent as effective as they are suposed to be. We still are about ten years off from when insurance companies can even think about getting genetic records from people that would actualy mean a thing to them.

  59. So.... by gr8_phk · · Score: 1
    "illegal for employers and insurers to deny employment or benefits based on genetic analysis of your DNA"


    That's a good first step, but it's not privacy. If they don't have access to my genetic information, I don't have to worry about discrimination based on it. You don't need to state genetics as a reason, there are always other excuses to apply. Fortunately with this much support, they should be willing to pass a bill that offers real privacy. Of course it may be there already I didn't RTFA :-)

    1. Re:So.... by BelugaParty · · Score: 1

      your right, it's not privacy... until my dna has double pass 256bit encryption.

  60. There is no "I" in GATTACA by Anonym1ty · · Score: 1
    In the movie Gattica

    It's important to point this out, because if you can't spell GATTACA you missed an entirely important aspect of the movie.

    The chemicals used for information are: adenine (A), thymine (T), cytosine (C) and guanine (G). Hence the name GATTACA is a sequence of DNA. -Sometimes things are subtle, PAY ATTENTION!

    1. Re:There is no "I" in GATTACA by morcego · · Score: 1

      Hence the name GATTACA is a sequence of DNA.

      DNA sequences always come in pairs. There are 7 letters in GATTACA, so it can't be a DNA sequence.
      And, AFAIK (and I could be very wrong at this), you would never find a double-T DNA pair.
      Based on the chamicals letters ? Yes. A DNS sequence ? Definitively no.

      --
      morcego
    2. Re:There is no "I" in GATTACA by Ratcrow · · Score: 1

      I know I'm not supposed to play with the trolls, but this one looks so innocent...

      DNA sequences can come in any length, including one or zero bases. So 7 is valid.

      The pairing that you refer to comes from hybridization, in which each base bonds with its opposite: A with T, G with C.

      So, if you really wanted to get technical, the complete hybridized double-strand would look like this:

      GATTACA
      |--------------|
      CTAATGT

      There is nothing wrong with having two 'T' bases (or two of anything) next to each other -- what you probably meant was that the base 'T' will not hybridize with itself, which is true. The difference is that along one strand, the bonds are strong, while between strands, the bonds are weak. A 'T-T' strong bond is possible, but a 'T-T' weak bond is not.

      Finally, wouldn't a DNS sequence [sic] be a bit more like 66.35.250.150?

    3. Re:There is no "I" in GATTACA by morcego · · Score: 1

      I stand corrected. I always sucked at Chemistry and Biology at school.

      On the other hand, 66.35.250.150 is not a DNS sequence. It is an IP sequence, if you want to call it that way :) A DNS sequence would be something like www.what_the_hell.are_we.talking_about.com :)

      And yes, that was innocent :) Thank you for the vote of confidence.

      --
      morcego
  61. Suboptimization by Sloppy · · Score: 1
    It is wasteful to throw away useful information. And if you don't think the information is useful, then why pass a law saying people can't use it?

    This law is about denial of reality. The apparent motive behind it: fear of reality. The true motive behind it: somebody wants something for nothing, in defiance of reality.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  62. It doesn't matter. by dmeese · · Score: 1

    Basic economic theory tells us that if people themselves find out what they may or may not be likely to suffer from in the future, they will only purchase insurance to cover a percieved risk.
    e.g. If I get an analysis of my DNA and determine that I am at risk for cancer or some other malady, I'll purchase insurance for it. If I determine that I am not at risk, I won't purchase Insurance for it. If this is carried out to it's logical consequences, only people who are susceptible will purchase insurance, and Insurance(gambling) schemes don't work at all if people already know the outcome.
    Imagine people betting on a horserace, and each person betting has a choice to bet on a specific horse, or not(You're either susceptible to cancer, or you're not). If they know ahead of time which horse is going to win, then hey will only place a bet if it's their own horse that will win, and the amount of money collected by the bookies will be redistributed to all the winners... Nobody will come out ahead, since nobody will have lost. Insurance companies cannot make a profit in this environment, and so the insurance method of dealing with healthcare will be a bankrupt business model. Face it, folks. We need a new system, because the days in our current one are numbered, and there are a lot more implications for that than I have time to go into right now...

    --There are 10 kinds of people; those who understand binary, and those who don't.

  63. contracts, people, contracts by dh003i · · Score: 2, Informative

    Regarding companies deciding to "take a peek at your DNA" from a bloodtest, that would or would not be permitted based on the contract between you and the doctor for the taking and testing of your blood. If the contract said that they were taking your blood to test it for HIV and hepatitis, then that's all they can test it for; anything else is a breech of contract on their part, and punishable as such. Contract law forms a perfectly reasonable basis for privacy (of course, let's not forget that the biggest invader of our privacy is the government, which presumes to be the sainted protector of that very right which it violates most aggregiously).

    1. Re:contracts, people, contracts by Cyno01 · · Score: 1

      My mind being on gattaca, the first 2 times i read your subject i thought it was "contacts, people, contacts".

      --
      "Sic Semper Tyrannosaurus Rex."
    2. Re:contracts, people, contracts by nomadic · · Score: 1

      Contract law forms a perfectly reasonable basis for privacy

      Only problem is modern legal theory holds that there's nothing morally wrong with breaking a contract, as long as you're willing to compensate the other side for the breach. Contract law really isn't strong enough to protect our privacy, that's why laws like this are necessary.

    3. Re:contracts, people, contracts by dh003i · · Score: 1

      the solution, then, is to strengthen contract law, not to create backwards laws like this. Violation of contract should be viewed as exaclty what it is -- the violation of property rights. As such, it should be punishable similar to if you aggressed against another's private property.

    4. Re:contracts, people, contracts by William+Baric · · Score: 1

      If you have no way of knowing if the other party has breached the contract then your contract is completely useless. Also, contracts as a basis for privacy may work between to parties of equal strength but as soon as one party has more power than the other you need a law to limit abuses. If you believe we should not limit strong people from using their power against weaker people in negociating a contract, you can be sure next time I'm searching for a job I will bring a gun with me and say to my future boss hire me or I'll shoot you.

    5. Re:contracts, people, contracts by nomadic · · Score: 1

      That would be a bad idea on many levels. It would also in a lot of cases be unconstitutional under the prohibition against slavery.

    6. Re:contracts, people, contracts by pmz · · Score: 1

      as soon as one party has more power than the other you need a law to limit abuses.

      I agree that contracts can be a useful tool, but I also agree with your point above. Given that the USA doesn't even teach its kids to read and write, we have hardly prepared them for contracts and negotiation. A knack for contracts is something I picked up after college on my own time, and I will admit I was probably too naive when I was younger to be a good negotiator.

      For anyone who thinks the public schools in this country do a good job teaching the "three Rs", I'll tell you this: many of the people I have worked with were a complete joke, and they were adults subject to the full public school treatment (no ability to compose thoughts into a sentence even if it were to save their lives). My parents, my friends, and myself did more to teach me than any school ever did.

      Also, we seem to be getting more naive every day. The success of cash loan stores, extended warranties, pre-approved credit cards, six-year car loans, student loans, etc. reinforces this. It seems people have been fooled into believing in free money. There will be another "great depression" eventually; let's see how suprised everyone is when the shit hits the fan.

      (btw, this isn't a call for regulation; people need to learn their lessons about life somehow and they should learn them up front rather than behind some cozy smoke and mirror scheme)

    7. Re:contracts, people, contracts by Brendan+Byrd · · Score: 1

      Huh? You're going to have to explain that one a bit better. I don't quite understand the connection.

    8. Re:contracts, people, contracts by dh003i · · Score: 1

      I agree with you about people being naive, and I also agree with you that big daddy government shouldn't protect them from the consequences of their own actions. Since I'm an anarcho-capitalist, I support individuals bearing the full consequences of their actions, and not being able to spread the costs of those actions out over on people who don't want to share the consequences (hence, no bankruptcy, unless you insure against it).

      I agree with you that public schools are a joke, which is why we need to privitize schools, along with everything else, for that matter. We can start out with privitizing the airwaves, so we can have real freedom of expression on TV and radio, not just what the government wants us to say.

      As for a depression, I agree with you that more are inevitable; indeed, what we call a "recession" is in fact a depression. This problem could be solved if we got the government out of money, and went back to the gold standard. See Rothbard's "What has government done to our money?"

      http://www.mises.org/money.asp

      A good start to going back to real money would be to start using the Liberty Dollar:

      www.norfed.org

    9. Re:contracts, people, contracts by HiThere · · Score: 1

      Have you read the agreements that doctors & hospitals now get you to sign? (In the U.S.) Carefully? It basically allows them to share the information with anyone that it is legal for them to share information with. If you tell your doctor, or the hospital something, then you have no right to privacy about it. If you let them perform some test, then they are allowed to do anything they choose with it. Probably including posting it to the internet. And this isn't just one doctor, or one hospital... after I noticed the first one I started checking. It appears to have become the "industry standard". If you don't sign, then you might as well not have health insurance. (Even then, they won't even treat you for cash without a lot of the disclaimers.)

      Laws like this are not only badly needed, they aren't anywhere close to strong enough.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    10. Re:contracts, people, contracts by dh003i · · Score: 1

      enforcing contracts is not slavery...but even if there is only monetary punishment for violating the contract, that is still a major deterrant, as companies operate via profits...as well as respect; after all, who's going to go to a company that discloses private information?

    11. Re:contracts, people, contracts by pmz · · Score: 1

      as soon as one party has more power than the other you need a law to limit abuses.

      I agree that contracts can be a useful tool, but I also agree with your point above.


      Actually, I agree with the point that often the power in a contract agreement can be highly imbalanced; I didn't mean to say I agree to create laws to correct abuses. Creating a law for every abuse would create an absurd cobweb of legislation, not unlike the federal income tax code. I wonder if it would have been wise for the founding fathers to put a separation of business and state clause in addition to the separation of church and state clause. It seems that our current government-managed economy is just not healthy (yes, the IRS, the EPA, the FDA, the DEA, etc. are our federal economy management departments just under distracting names).

    12. Re:contracts, people, contracts by William+Baric · · Score: 1

      Creating a law for every abuse would create an absurd cobweb of legislation

      Can I remind you the subject was about DNA testing and privacy? Forbidding DNA testing is not "an absurd cobweb of legislation"!

    13. Re:contracts, people, contracts by pmz · · Score: 1

      Forbidding DNA testing is not "an absurd cobweb of legislation"!

      Let's reserve judgement until after the exclusions, exemptions, allowances, and loopholes are created.
      First will be things regarding prisoners, then child molesters, then the children themselves, then the elderly, then security clearances, ad infinitum et ad nauseum.

    14. Re:contracts, people, contracts by William+Baric · · Score: 1

      I'm not sure I understand your point of view.

      I agree a law forbidding DNA testing will undoubtly become complex and generally unfair. I hate it but this will happen in any kind of society. Trying to bend the rules and giving favors to someone redeemable is human nature.

      What I don't know is if you are against this kind of law because you think anyone who is in a position of strength should be allowed to DNA test anyone he wishes or simply because you think we should live in a system without law.

    15. Re:contracts, people, contracts by pmz · · Score: 1

      What I don't know is if you are against this kind of law because you think anyone who is in a position of strength should be allowed to DNA test anyone he wishes or simply because you think we should live in a system without law.

      Testing someone's DNA against their will is a violation of that person's body and property; there are more than adequate laws to deal with this. I would never argue for a system without law, as making things like murder, extortion, and willful destruction of property illegal are neccessary enablers for society. However, things have progressed so far that nothing is obvious to even professionals who know the system better than anyone else. The federal income tax is the quintessential example how laws should _not_ be.

    16. Re:contracts, people, contracts by William+Baric · · Score: 1

      I know this thread is getting long but I'm not working today (hello influenza) and I love to talk about politics.

      Yes, testing someone's DNA against their "official" will is against the law. But what happens when you're in an inferior position and unable to negociate? Imagine someone unemployed who is about to lose his house... Do you think he will refuse to sign a contract allowing his (possible) future boss to take a look at his DNA?

      You may say that someone who seeks to be an employee lose his freedom and in a way I would agree. But the problem is that starting a company requires lots of money (BTW I'm my own boss) or you'll be crushed by your competitors as they'll be able to use their money to advertize more than you do, to temporally lower the price of their products below cost, to sue you for some stupid reasons and all this until you run out of money de declare bankruptcy (and since the difference between rich and poor people is getting bigger you can be sure that in 20 years from now starting a small business from nothing will be close to impossible).

      So on one hand most people can't start a company because they don't have the money (and so are forced to be an employee), and on the other by being an employee you put yourself in a position of weakness where someone can legally use indirect violence ("accept my offer or you'll lose your house" is violence) to legally force you to agree to whatever he wishes.

      Is there a law to adequately deal with this?

    17. Re:contracts, people, contracts by pmz · · Score: 1

      Do you think he will refuse to sign a contract allowing his (possible) future boss to take a look at his DNA?

      Sometimes giving up on a city and going elsewhere for the sake of moving on with one's life is necessary no matter the difficulty or apparent setback. Each person needs to determine how much they value the integrity of their self and their family and then accept the consequences of their decisions. It is never a matter of being in an inferior position (I can pack up and leave at any time and accept the risks of doing so); rather it is a constant test of one's will and desire for advancement and freedom. No matter what the Democrats will cry about, oppression in the USA is quite voluntary and persists largely due to people's unwillingness to take risks. The number of options available to people scale with the economy, and if there is nothing locally, the seeking elsewhere becomes the default remaining option. For example, inner cities should be ghost towns with no economy to support the people there, yet housing subsidies, welfare, medicaid, etc. come in and put band-aids on the gushing wounds of failing communities, while the drug war encourages organized crime and makes the costs of addiction so high that otherwise nice people turn into robbers and murderers. By locking people into a world with no options, the system of social justice creates a downward spiral of naive hope and local overpopulation.

      But the problem is that starting a company requires lots of money...

      It depends on your domain of business. An Internet-based storefront can be amazingly cheap requiring only a modest PC at home, a monthy hosting fee, and some level of advertising. Flea markets are also very inexpensive for those without computers. Of course, anything more than a sole proprietorship becomes almost oppressively expensive as mandatory minimum wages and benefits programs, liability insurance, and commercial office space come into the picture. The self-employment penalty income tax is merely the icing on the cake.

      they'll be able to use their money to advertize more than you do, to temporally lower the price of their products below cost...

      If this happens to your business, this means you are probably in the wrong line of business. If there is a monopoly on steel, sell wood. If there is a monopoly on oil, sell solar. If there is a monopoly on software, sell open source. The monopolists eventually crush themselves as people learn to do without them at a lower cost. I cannot think of a product that people cannot live without or where there is no alternative possible. Even municipal utilities can't price themselves too high before people seek out bottled water, fuel cell/solar power, or wireless telephone. Monopolies also breed invention, where the monopoly could simply be rendered obselete. OpenOffice.org, for example, really will make MS Office obselete (productivity software is a mature market that is becoming impossible to derive a profit from without the extortion of OEMs; Sun has no OEM relationship with Microsoft).

      (and since the difference between rich and poor people is getting bigger you can be sure that in 20 years from now starting a small business from nothing will be close to impossible)

      Only if corruption in the government is left to run out of control. Consolodation of power in the federal government will only worsen this. The scheme of independent state governments, county governments, and city governments works to mitigate this problem, but the decentralized nature of US government is under constant attack from all sides who are seeking greater power and influence.

      So on one hand most people can't start a company because they don't have the money (and so are forced to be an employee), and on the other by being an employee you put yourself in a position of weakness where someone can legally use indirect violence ("accept my offer or you'll lose your house" is violence) to legally force you to agree to wh

    18. Re:contracts, people, contracts by William+Baric · · Score: 1

      Sometimes giving up on a city and going elsewhere for the sake of moving on with one's life is necessary

      And where is the el dorado? If you live in a small town, going to a big city may change something... But if you already live in Los Angeles do you really think going to New York will change anything? Do you think companies in NY won't ask for your DNA? We're slowly going to a system with only one global economy. I agree we're not there yet (thankfully) but for how long?

      [about unfair competition when starting a business] If there is a monopoly on steel, sell wood

      And what do you do if there is a monopoly on steel AND wood? There are mergers everywhere. Corporations are getting bigger while small mom and pop business are slowly disappearing. Yes you can always find a niche market if you're really good but an ordinary not-a-genius-but-still-intelligent citizen can't. Because big corporations can control some large part of the market it's obvious we don't live in a free market anymore.

      I cannot think of a product that people cannot live without or where there is no alternative possible.

      And why would people want to buy a product from a small business they never heard of before instead of a big corporation buying ads everywhere? The problem is not consumers but unfair competition because your competitor has more money than you do. The problem is that with enough money you can kill a free market.

      OpenOffice.org, for example, really will make MS Office obselete

      Hard to say. I hope so but up to now only one of my client decided to make the switch (the amusing part is it's a semi-government office - so much for the mythical private sector efficiency).

      [about not being able to start a company in 20 years from now] Only if corruption in the government is left to run out of control

      I'm not following you on this one. Are you saying Walmart exists because of corruption in governments?

      A person who wants to earn money towards starting a business...

      must first have a job! We're back to square one : he won't have a choice but to accept the DNA test.

      yet goes around and ends up with three children from various women

      I'm not talking about the moron who's too stupid to think ahead. I believe in justice but not in "equality".

      A free market rewards responsibility, forward thinking, and knowing when to seek stability.

      Unfortunately a free market rewards power first. Responsability, forward thinking and knowing when to seek stability can give you some power but nothing compares to money. As I said being able to advertize more, sell below cost, sue or hire 35 engineers to copy a new product from an innovating small business in a few months is better than any forward thinking. A free market is a place where a rich multinational company (Parmalat) can sue a small local company (Agrinove) because their package had a drawing of a cow on it (Parmalat also has a drawing of a cow on their product... btw the product is milk) with the result of forcing the small company to destroy their stock, wait for about 6 months before being able to market their product and spend a quarter million dollars in legal fees. They survived but most normal small companies would simply die because of an action like this. This is what free market is all about.

      Making corruption illegal in the private sector is much easier

      I did two years of military service and I can assure you there's a lot more corruption in the private sector then in a big we-answer-to-no-one government organization. And although I know you won't believe me, I can also assure you the army is the most efficient organization I ever saw.

      Free market is great when there is competition and, most importantly, no "superpower". Unfortunately the goal of every business is to become a superpower. This is why the US is slowly becoming a corporate republic and will finally become a communist country (as in USSR communism, not real communism) unless something is done to stop big corporation from becoming too powerful. So how do we make sure our future is not controlled by a few extremely powerful super-corporations?

    19. Re:contracts, people, contracts by pmz · · Score: 1

      And where is the el dorado?

      There is no El Dorado; however, there is usually someplace that is an incremental improvement if the current place is clearly unsatisfactory. This does require introspection, and impulsivly dumping one place for another will only deter progress. I'm not claiming this is easy, just possible when it is necessary.

      We're slowly going to a system with only one global economy. I agree we're not there yet (thankfully) but for how long?

      Our economy is already global. It has been, since even before the Roman empire. I think what many people are fearing is a global centralized government (a decentralized one might be okay; e.g. a global president to handle foreign policy with Mars, whatever aliens turn up, etc.).

      And what do you do if there is a monopoly on steel AND wood?

      Plastic, other metals, brick. If all these markets eventually merged and controlled prices across the board, which is unlikely, then people would be forced to resort to their own resources (adobe, log homes). The artificially controlled prices for other materials couldn't be high for too long (revenue has to come from somewhere, and if people stop providing it...).

      Corporations are getting bigger while small mom and pop business are slowly disappearing.

      This is an indication that that market is mature. Food is a commodity, so small grocery stores cannot compete on price. Hardware is a commodity, so small hardware stores cannot compete on price. This trend is inevitable, and it forces people who want to run a small store to seek out new markets.

      Yes you can always find a niche market if you're really good but an ordinary not-a-genius-but-still-intelligent citizen can't.

      It doesn't take huge intelligence or formal education to be shrewd and opportunistic. It also takes a willingness to dispense with tradition sometimes or to ditch a prior investment, such as a college specialization.

      The problem is not consumers but unfair competition because your competitor has more money than you do.

      Then that fact has to be incorporated into a business plan. For example, another Slashdot poster mentioned their indie music store that is 100% free of RIAA bands, yet they are profitable and growing. On a bigger scale, Sun is nearly 100% free of baggage with Microsoft (except perhaps the Java lawsuits, but they have no other big business relationships), yet Sun hasn't kicked the bucket and does show potential (we'll see how the next three to five years pan out).

      Are you saying Walmart exists because of corruption in governments?

      No, Wal-Mart is actually just fine (a beast to contend with, nonetheless). What I'm referring to is taxation, mainly, which stems from out-of-control political nitpicking in programs like the federal income tax, possible nationalized health care, and social security. I already pay something like 7% of my income to federal social programs that are essentially a black hole for money and will inevitably be no part of my medical or retirement planning. Tack on the other 15% or so that we are already overtaxed via the IRS and compound this over the next twenty years, and it's not suprising why it's hard to start a business.

      must first have a job! We're back to square one : he won't have a choice but to accept the DNA test.

      If there are no other jobs, then the same dilemma arrives: take the DNA-tested job or move. It is also arguable that forced DNA testing is extortion, anyway, and could be the subject of a lawsuit, possible a criminal one.

      because their package had a drawing of a cow on it

      If it was a trademark, and the cows were similar enough, then perhaps Parmalat had a real case. It was up to Agrinove to account for trademark disputes when designing their packaging. If I were to sell something, I would search far and wide for possible trademark problems, because it mitigates risk in a very clear and

    20. Re:contracts, people, contracts by nomadic · · Score: 1

      Basically the idea is that if the courts force someone to do what they contracted to do, they're placing them in a position where they're being forced to work against their will.

      Like let's say you contract me to paint your fence. It's a big fence, it'll take a few weeks to paint, and shortly after beginning I decide that I really hate doing it so I stop. If you bring me to court you can get back money that you already paid me, or the amount of extra money it would take to get someone else to finish it. The court will almost never actually order me to paint the fence.

      If the court tried to enforce specific performance of the contract, the court is basically forcing you into labor that you don't want to do. The courts sometimes do, but usually in a commercial setting where it's hard to put a dollar value on the breach of the contract; it's never done for personal services because of the above situation.

    21. Re:contracts, people, contracts by William+Baric · · Score: 1

      there is usually someplace that is an incremental improvement

      Obviously, you believe the world is your oyster. When I was 20, I would have agreed with you but not anymore. You may say I'm pessimistic and cynical but I believe the pearl was taken a long time ago. I believe proponents of this oyster thing are either people who need a excuse for their dream or people who have a part of the pearl and who are trying to protect it by making you search elsewhere (even if they perfectly know you won't find anything).

      Of course I don't mean you can't do anything to improve your life. You can always take the oyster's shell and give it to your hen so it produce better eggs. In other words, you can still have a "good" life if you work hard. But no matter how "good" your life is, you'll still be powerless in society, you'll still be only a slave and it will still be an empty life.

      I think what many people are fearing is a global centralized government

      What people fear is not having power. In a "democracy", government is far from being the only enemy.

      If all these markets eventually merged and controlled prices across the board then people would be forced to resort to their own resources

      Yeah, that's why everybody is buying electric cars. That's why people still buy a $500 software instead of a almost free one.

      it forces people who want to run a small store to seek out new markets.

      What new markets? Markets are not some magical infinite resources. Tell me, If YOU wanted to run a small store what would be your magical market? As soon as a market is profitable, you can be sure a big player will come and force you to close your store.

      we are already overtaxed via the IRS and it's not suprising why it's hard to start a business.

      If you think taxes make it hard to start a business then it's because you don't know how to run a business in the first place. If tomorrow the government decided to double the tax rate it wouldn't affect my business one bit : I'll simply sell my services at a higher price.

      You may say that higher prices means consummers have less purchasing power and so will buy less... but you have to realize that money taken from taxes does not disappear into thin air. It's just given to somebody else who now has more purchasing power and so will buy more. In the end the total purchasing power is not affected by taxes and my sales will stay the same whatever the tax rate is.

      If it was a trademark, and the cows were similar enough, then perhaps Parmalat had a real case.

      No, they didn't. Parmalat and Agrinove went to arbitration. I don't know what was exactly the result of this (guess there was a NDA somewhere) but since Agrinove's packaging didn't change a bit I guess Parmalat lost their claim. But of course, because of those six months when Agrinove had to withdraw its products, my local food store has now replaced Agrinove's product with the one from Parmalat. You don't have to have a better product to win a market if you can simply use your money to control it (and so make even more money).

      The corruption you probably saw was with respect to contractors. Who can blame them, when they've got Congress as their golden goose?

      What do you think of a purchaser who secretly receives gifts? What do you think of a union leader who accept to close his eyes in exchange for a better position? What do you think of an accountant who sells the financial result of a company to someone else? (actually it's true I have no proof of the last one but when someone secretly print a lot documents when no one is around and then, a few days later, say she didn't print anything is at least... strange).

      People lie, cheat, corrupt... The idea of governemnts has nothing to do with this and I believe a free for all market would be the most corrupt system you could ever think of.

  64. It's all about the insurance by Gettin'_Fatter · · Score: 1

    I'm sure this is all about who is insurable and who is not. Auto insurance companies use bias in determining fees and eligibility all the time, they just use a different data set. All things being equal between A and B, if applicant A has a predisposition for lung cancer they represent a greater liability to the company- who winds up paying their medical costs when they smoke their way into an emphysema-induced early grave. Still, scary stuff though.

    --

    Surely, we don't need instructions on shampoo bottles, do we?.

  65. One thing though by Raul654 · · Score: 1

    There isn't a single gene for intelligence, just like there is no single gene for your arm or your leg.

    Gen-engineering for intelligence is a long, long, long way off. The best we can do now, or will be able to do anytime in the near future, is to find and (possibly) get rid of single gene defects.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:One thing though by DickBreath · · Score: 1

      Gen-engineering for intelligence is a long, long, long way off.

      In Gattaca all they did was screening not engineering. They only could readout the code, and then to a certian extent understand the code. It was expressed in terms of risk of having heart attack, chances of being smart, etc. So maybe we run into problems long before we can do genetic manipulations, such as engineering people who do not masturbate.

      --

      I'll see your senator, and I'll raise you two judges.
  66. this is a big problem... by Malor · · Score: 1
    Although it sounds good on the surface, "no discrimination based on genetic code!", it's a disaster that will have enormous ramifications for health care.

    Fundamentally, insurance is about spreading risk. Insurance companies take on risk in exchange for premium; the chance of any individual making a claim is small, and thus the premiums charged to that individual are also small. People with, say, bad driving records, are more likely to file claims and are thus charged more money.

    It's not widely known, but most insurance companies pay out more in claims than they receive in premium. People talk about "the gouging insurance companies" and how evil and selfish they are (and some almost certainly are), but the vast majority of insurance companies don't make money on what they charge you. I don't know the industry average, but it's not all that unusual for an insurance company to pay out $1.05 in claims for every $1 in premium it collects.

    So how do they make money? Because there is generally a lag between when the premium is collected and when the claims are paid out. During that period of time, the insurance company is free to use the money to try to make a profit. This money is called "float". The amount that claims exceed premium is called 'cost of float", and an insurance company has to make more than their cost of float to be profitable.

    As you can imagine, in an environment where stocks aren't performing very well and interest rates are close to zero, it is VERY hard for insurance companies to make money. I don't know how they're actually reacting to the problem, but I know that, for instance, homeowner's insurance is going through the roof... this is blamed on mold claims, but at least part of it is due to the fact that float isn't very profitable right now. And my car insurance went up a pretty good chunk last time, even though I don't have any tickets.

    What this all boils down to is that insurance is a very, very competitive business, one with razor-thin margins, and it's very dependent on accurate risk analysis.

    The problem with a genetic testing ban is simply this: the insurance companies are forbidden from using them, but their clients are not. This gives the clients an unfair advantage over the insurance companies; they know more about their own need for insurance than the company does. This will inevitably mean that people who really NEED the insurance will always buy it, and people who DON'T need the insurance may or may not. This will throw the risk equations all out of whack, and it will mean that A) insurance companies will be in danger of going out of business, and B) if they don't, insurance premiusm are going to go sky-high. And as premiums go up, more and more people who know that they have a pretty good chance of staying healthy will drop coverage, *increasing* loss exposure to insurance companies and sending rates still further skyward.

    If genetic testing becomes a very reliable barometer of future health, and if insurance comapnies aren't allowed to use that data as a factor in their decisions, then insurance as we know it will essentially cease to exist, unless it becomes mandatory and encompasses the entire population.

    It would become, in effect, socialized medicine.

    If you want to retain your freedom to choose your own insurance plan and carrier (or to opt out of paying for insurance at all), it is very important that insurance companies be allowed access to the same data their customers have.

    Yes, some people will find coverage hard to get in that system, but the alternatives are pretty much one of:

    A) insurance companies can use genetic screening when writing insurance, making insurance more expensive for some people and, presumably, less expensive for most;

    B) insurance becomes a LOT more expensive for anyone who wants to get it, or

    C) we go to socialized medicine.

    Given those alternatives, I vote for A.

  67. Vriend Decision by Hamster+Lover · · Score: 1

    Established that equality includes such things as sexual orientation, so I would be surprised if the same protection did not extend to genetic disposition.

    Now, many disagree with the Vriend Decision, but the Supreme Court simply interpreted s.15 (section 15, equality rights) in the broadest sense. It is hard to say that we are all equal when one can discriminate because of sexual orientation, that is, how can you deny housing or employment to homosexuals based solely on that criteria when the same behaviour with respect to age, sex or race is unconstitional. Similarly, we have freedom of speech, yet the Charter does not define what content is protected and what is not.

    Already in Canada courts have interpreted our rights regarding genetic testing based on the Vriend decision. I believe CN Rail was ruled against when they attempted to discriminate against an employee based on a genetic test. I cannot recall the specific case.

  68. Human Genome Examines Ethics by tgibson · · Score: 1

    A portion of the Human Genome Project's budget is dedicated "toward studying the ethical, legal, and social issues (ELSI) surrounding availability of genetic information..." Many interesting issues have already been identified..

  69. Not as different as you might think by Frodrick · · Score: 1
    it seems that we're not heading towards a Gattaca-esque society, after all.

    As you may recall, discrimination on the basis of genetic inferiority was illegal in Gattaca, too. But the corporations did it anyway because it was difficult to prove and the government didn't enforce it very well. They sort of let the corporations do as they please...

    Maybe we aren't so different from Gattaca after all.

  70. Obligitory Gattaca quote by AnotherBlackHat · · Score: 1

    Of course, it's illegal to discriminate. 'Genoism' it's called. But no one takes the law seriously.

    If you refused to discolse, they can always take a sample from a door handle, or a handshake, even the saliva on your application form. If in doubt, a legal drug test can just as easily become an illegal peek at your future in the company.

  71. Missing the point. by Anonymous Coward · · Score: 0
    Actually, you're missing the point of insurance. Taken to the extreme, your logic would simply say "everyone go pay your own bills".

    After all, all these diseases were caused by something. Why should I pay for your disease anyway? For you to try to make something special out of genetic diseases and/or risk factors simply means you don't believe you have one. If you had one, you'd think differently.

    I'm happy when my insurance pays for the care genetically blind, deaf, etc. people. Much happier than when it buys someone a new mansion for the beach house a hurricane washed away, anyway.

  72. It's amazing by nate+nice · · Score: 1

    It's amazing how unfair genetics really are. Some people have better genes in certain things than others and really some people are inferior to others in just about every way. (genetically, not socially). It's good to see that the government understands this, that jobs, insurance, etc are social issues and a society just cannot exist if people are denied things based on something they have no control over. Nice to see we are not going to turn into the haves VS the have-nots in terms of genes. (there is enough of that in high schools...get it, genes : jeans...some people have better...ook, lame joke)

    --
    "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    1. Re:It's amazing by Anonymous Coward · · Score: 0

      It's amazing how unfair genetics really are. Some animals have better genes in certain things than others and really some animals are inferior to others in just about every way. (genetically, not socially). It's good to see that the government understands this, that jobs, insurance, etc are social issues and a society just cannot exist if animals are denied things based on something they have no control over.

    2. Re:It's amazing by nate+nice · · Score: 1

      That's clever but people make up our society. People happen to be animals but in this context I think using the more descriptive "people" rather than "animals" is correct when dealing with a social implication of our physiology.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    3. Re:It's amazing by William+Baric · · Score: 1

      Do you find it fair that some people get good grades at school while others who work a lot harder fail? Do you think it's fair when a co-worker get a promotion while you don't simply because he makes less mistakes than you do? Do you think it's fair when a professional athlete makes more money only because he scores more points?

      A genetic test is a tool the same way an IQ test is.

      Genes are not unfair, life is. Get over it.

    4. Re:It's amazing by nate+nice · · Score: 1

      You're missing the point, but this is slashdot so you can't expect most people to good comprehension. But I digress. My point was that for certain social things, like a right to healthcare using someone's genes to deny them access is immoral. No shit people are rewarded more for their natural gifts than others who don't have them, but for certain things using someone's genes to make a decision is wrong. Good grades are not a moral issue, either is someone's competency at work even though ones genes may determine the limit of their ability. Life on the other hand *is* a basic human right recognized in the USA and the point of my post, if I have to make it obvious to you.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
  73. hmm... by ametzger · · Score: 0

    I'm not so sure about this, it seems like a good idea in hte sense of an employer not being able to sraw blood, but then again, is it really necessary? we'll have to see how it turns out, if hte house passes it.

  74. Remember his interview? by Population · · Score: 1

    He pissed in a cup.

    The company already knew who he was and had decided to hire based only upon his genetic code.

    His "interview" was just providing a biological sample to confirm his identity.

  75. I for one.... by insertionPoint · · Score: 1

    Welcome our genetically inferior overlords!

  76. You've been assigned to Helga at 3:00 by Population · · Score: 2, Funny

    And Gertrude at 6:00.

    Helga's a lovely Olympic weight lifter from Russia. Weighing in at a svelte 250 pounds, her hobbies include shaving her mustache and pig farming.

    Yep, that's the law. They have to sleep with you and you have to sleep with them.

    1. Re:You've been assigned to Helga at 3:00 by Quasar1999 · · Score: 1

      Still better than what I'm getting now... ;)

      --

      ---
      Programming is like sex... Make one mistake and support it the rest of your life.
  77. MOD PARENT UP by Guppy06 · · Score: 1

    It seems obvious that the story submitter wasn't all that familiar with the movie he was referencing.

  78. Does this mean? by t0qer · · Score: 1

    I can finally include my cat on my kaiser?

  79. It is not unlike Gattaca by shawk347 · · Score: 1

    During one of the narrations by Ethan Hawke, he states that laws had been passed to protect people from genetic discrimination, but it is simply too easy for an employer to find a DNA sample. The bill must have meaning and enforcement to properly shape our future.

  80. Another foolish, rash political move... by hshana · · Score: 0

    While I agree that insurers probably shouldn't be allowed to discriminate based on genes, I don't see why in certain situations employer's shouldn't be able to screen applicants. Let me explain. There are many jobs, especially those that involve exposure to reactive substances, that people of a certain genetic background shouldn't be allowed to do. For instance, there are people who are genetically predisposed to become extremely ill when exposed to levels of berrylium that would cause no harm to a person who has a different allele of that gene. It only takes one gene and you can't screen for the gene by looking at a person or talking to them or looking at their resume. There are also people who are immune to HIV. They'd make excellent doctors and nurses in an AIDS ward. So while this legislation sounds great, it's nothing more than political grandstanding...

  81. Gattaca by ziggles · · Score: 1

    Actually in the movie Gattaca there are similar laws, it's just that the corporations don't pay attention to them(and get away with it). If you don't think that will happen in reality as well.. I think you're wrong.

  82. This is a really big deal by Anonymous Coward · · Score: 0

    I have been tested positive for the Huntington's Disease gene mutation. I am 24. I won't get sick until I'm 40 at the earliest. Until then, I'm completely healthy. But before this legislation, if an insurance company wanted to deny me coverage (thankfully they haven't yet) simply because I'll get sick 15 years from now, there's nothing to stop them. Same with employers. I could get fired since I won't be retiring from that company.

    Now, I will no longer have to hide my HD from my doctor, or my friends, or my boss. This is life changing for those of us that it impacts.

  83. MOD PARENT UP by Anonymous Coward · · Score: 0

    Mod Parent Up!!!!

    This is a powerfully important point, especially since the tide of outsourcing will likely continue. Today it's programmers, tomorrow it's lab technicians.

  84. If we want to think of Gattaca... by McCrapDeluxe · · Score: 1

    They had these laws in that movie, too. They were unenforced, and samples were drawn for "drug tests" and such.

  85. Huntingtons by Baldrson · · Score: 1
    A family member has Huntingtons and will most obviously benefit from this. I object to it. This is not something that should be foisted on the public.

    The ethics of this situation are the usual ones I subscribe to: If you are going to benefit from public policy that is unfair to others you have an obligation to oppose such public policy and do so with an amount of resources comparable to the benefits you receive.

  86. Except in California. by C10H14N2 · · Score: 2, Insightful

    As handily pointed out in Gattaca, where this law was in place, there are other ways around it. Just like in California where I cannot fire you because you are a single mother black lesbian jew with a physical handicap, but I CAN fire you because you are one of the above who happens to wear really ugly shoes that I can only rid myself of by firing you.

    Admittedly, there may be one or two rare cases where someone writes on the pink slip: "you, single mother black lesbian jew with a predisposition for diabetes, are fired." Since most people exclude the portion between the commas, resorting to the more de riguer "you're just fired" these laws are pointless. Proving that you were fired for a specific reason when from all appearances you were fired for no reason at all is for all reasonable purposes impossible.

    "Smashing, yay capitalism." -- Austin Powers

  87. This bill means nothing by ezraekman · · Score: 1

    If you paid attention in Gattaca, there was actually mention of anti-discrimination legislation. It existed, and was intended to curb exactly the type of discrimination that the movie's premis was based on. But it didn't. Why? Because it is often very difficult to prove discrimination. How do you prove that your ex-potential employer scoured the room for your dead skin cells after you left, and run them through a screening process? How do you prove that your employer had a back-room meeting with a geneticist, discussing your potential shortcomings, costs, and life expectancy prior to your hire? How do you fight the phrase "We just found other candidates superior to Mr. Smith", even if you know them to be false?

    The short of it is, you can't. Not without tracking and recording every conversation, handwritten note, and thought process, which, thankfully, is not yet possible. (Though, with enough trained monkeys, this may change soon.)

    In the meantime, we're going to have to put up with discrimination based on race, sex, sexual preference, skin color, hair color, political choice, and coming soon to a job near you, genetic risk factor. Just as it took place in Gattaca, and just as difficult to fight. My only hope is that it will not be so widespread and commonplace. But unfortunately, most companies are more concerned with the bottom line, than with legality, so here we are.

    But from a slightly different prespective... would some genetic screening be so bad? In terms of setting a precident, certainly. After all, once you say it's okay to do in some circumstances, it inevitably becomes accepted in others. But I could see some scenarios where genetic screening would be beneficial to all parties involved. What if a gene was discovered that led to a greater resistance to chemical-induced distortions in your cells (such as cancer), even if it also lead to high blood pressure? You might make an excellent candidate for genetic research, chemistry, or molecular biology, even if you had a higher risk for heart attack. There are pros and cons. You'd be safer to employ, from a liability aspect... but riskier to employ, based on your life expectancy. Legislations is a good step towards allowing the former and eliminating the latter, but legislation alone will not solve the problem.

  88. segfault in __reasoning() from logic.so by Ender+Ryan · · Score: 1
    You said "insurance" and "efficient" in the same sentence, which was obviously caused by an error in your logic :)

    Seriously, insurance is anything but efficient. Indeed, it is inefficient by definition. Let me explain...

    Insurance companies are in business to make money. They make money by accepting payments from customers, all the while doing their best to never do anything for said customers. Insurance companies don't bank on having to provide a service for you, it is just the opposite. That is why they create so many loopholes in your coverage to avoid having to provide service.

    So, by default insurance companies choose to accept clients that they will never have to provide a service to, and those who need the service the most can't get it. That is not efficiency.

    Socialized healthcare has the potential to be the absolute most efficient, because only the exact amount needed would be paid - no one needs to make a profit - and nobody would be denied healthcare. However, government tends to ruin efficiency in anything it touches, so we're fucked either way.

    Cheers.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  89. sanity at last, sanity at last by dh003i · · Score: 1

    Thank you, sir, for your most intelligent and piercing comments.

  90. the police already does this by WormholeFiend · · Score: 1

    remember in the recent murder of Holly Jones in Toronto, one of the main suspects, who lived in her neighbourhood, was one of the few who refused to give a DNA sample to the cops.

    the cops just shadowed him until he discarded a can of coca-cola, and got his DNA from the can.

  91. Re: FP!!!! by Anonymous Coward · · Score: 0

    BZZZZZZZZZZZT
    Owned!

  92. The Insurance Scam by dh003i · · Score: 1
    I thought that this article by Michael Levin from Mises.org was relevant. It's quoted in its entirity.

    The Senator has a painful announcement to make. His daughter is mentally ill. This gives him special insight into a social injustice: insurance companies are less willing to cover mental illness than other forms. They place annual and lifetime limits on the number of permitted psychiatric sessions, for example. Moved by his pleas, the entire Senate agrees to stamp out bias against mental illness with a new law. If firms offer mental coverage, the law says, it must be identical to other forms of coverage. Otherwise, the victims of mental illness will continue to be "stigmatized."

    It's no shock that the Senate has taken another step towards socializing the medical sector. That's been the pattern for nearly a century. What's appalling is that this socialization is confused with authentic insurance, a viable market institution.

    Here's how real insurance comes about.

    Life is risky. The roof might fall in. You might get hit by a car. Your own body might rebel, sending cancer cells on their deadly metastatic journey.

    In theory, an individual can manage risk by himself by exercising extreme caution. He may stay home permanently while paying someone to run errands, or set foot outside only after exhaustive research on weather and traffic.

    The trouble with most individualistic measures, though, is that they are self-defeating--sitting in one's living room all day (under a reinforced roof) is hardly conducive to good health--or prohibitively expensive. Worse, the individual is lost if his private preventive measures fail.

    A better hedge is a risk pool, a group of individuals agreeing to help each other in case disaster strikes one of their number. Risk pools are common in everyday life, where high school students take notes for friends who miss class, and office workers share computers should one crash.

    One obvious benefit of pooling risk is cost: letting someone use your computer should his break down, in exchange for use of his in case yours does, is cheaper than buying a backup system. A greater benefit of risk pools is their access to resources to offset the aftermath of disaster. If, despite every self-reliant effort at safety, your house catches fire, you are minus a house. Join a voluntary fire brigade, and your house may be saved.

    But risk-pooling has its downside. There is of course each member's contribution, the premium he must pay. It is a nuisance to take exhaustive notes in chemistry class whenever a friend is absent. There are the transaction costs of calculating the resources each member must put in to balance expected gains. In fact, even though on average everyone gets out exactly what he puts in, the careful or lucky risk-pooler will put less into the bargain than he gets out.

    Enter the entrepreneur, offering to assume everyone's risk for a price. He sells you coverage should some evil befall at a cost exceeding your expected gain; after all, the insurer is not in it for his health. (He's in it for yours.) In exchange, you save on negotiating time, and, more important, you gain surer protection against a wider range of catastrophes.

    Spontaneous risk pools tend to be small, and limited in purpose. The guys in the office will cover for you if you miss a meeting, but they cannot put your kids through college if you die.

    However, suppose an entrepreneur finds 100,000 people, each willing to pay $100 for the assurance that his kids will be put through college should he keel over in the next ten years. The pool now contains $10 million, enough for plenty of tuition bills. Enterprising insurers can merge payments to cover unique risks: Lloyd's once insured Marlene Dietrich's legs.

    The critical factor controlling an insurer's costs, hence the price he asks for a policy, is the probability of disaster. He can sell life insurance of $50,000 to 100,000 people at $100 a head only if it is actuarially certain that fe

    1. Re:The Insurance Scam by ojQj · · Score: 1
      Your argument is excellent. I wanted to write something similar, but since you've already written, I'll just add a couple of points:

      I once heard a representative of an insurance company say that they had abolutely no problem with not learning the results of genetic testing, as long as the customer also didn't have that information. The reason is obvious and follows from your arguments: If the customer knows that he's likely to get sick, he's going to take out more insurance, or insurance specifically for what he knows he's going to get. He'll be more inclined to do this if the insurance premiums don't exceed his expected expenses. The insurance company's wallet is not bottomless. This kind of rational behavior can put the company out of business.

      Insurance works as long as both parties to the contract have a similar knowledge of the costs. Otherwise it's just plain not fair -- and it can be just as unfair to the insurance company as it can be to the individual customer.

      For the same reason, people shouldn't be able to be forced to genetic testing and they certainly shouldn't be able to be genetically tested without their knowledge. This would also create an imbalance of information between the insurer and the customer.

      Unfortunately that leaves us with an unsolved problem: What about cases where the poor health of one person reduces the quality of life for others? Vaccinations is an excellent example of this. If a deadly epidemic such as polio breaks out, scientists rush out to make a vaccine.

      In a free market society, these scientists are paid by private companies because they wish to profit from selling that vaccine. But in order for the vaccine to stop the disease, everyone has to be vaccinated before the disease mutates. That means everyone including the people who can't afford the price of the vaccination. Thus it is in everyone's interest to pool their resources and make sure even the poor get their vaccination, because otherwise there is an increased risk that the middle class and rich will get sick.

      This pooling of resources doesn't work in a free market system though. It won't happen voluntarily -- everyone will want to push the responsibility elsewhere. This is where the government becomes necessary. In this case, it is in everyone's best interest that the government force everyone who can to pay some portion of the cost of vaccinating everyone else.

      Cases like vaccination exist and they are a justification for government intervention on a limited basis. They aren't a justification for government intervention in every case. The litmus test for whether or not government intervention is necessary is whether or not the free flow of information is working to inform everyone of their economic options and costs. Even if it is not, the government has to be careful that its actions do not create a new worse flaw in the flow of information.

      Simply forbidding the use of genetic information in insurance decisions could make medical insurance economically impossible at some time in the future. As such, it seems likely that this is a government action which worsens the problem.

    2. Re:The Insurance Scam by dh003i · · Score: 1

      much of your analysis is insightful, though the need your perceive for government is non-existent. Even if you argue that the government is necessary for some beneficial things, it is responsible for the most abhorrent things.

      Firstly, the government can exist only by systematically stealing from citizens (enslavement); after all, what is slavery if not being forced to work for a compensation below that which you would otherwise accept on the free market? If anyone else forced me to work 10-38% of the year for no compensation, that'd be called slavery. The only way to eliminate this evil is to eliminate the government.

      Secondly, the government is responsible for the business cycle. This is because the government inflates its supply of fiat paper-money, which is inherently worthless anyways. As inflation occurs, those graced by government priviledge benefit from it, while other's lose. Entrepreneurs see a reduced interest rate, and are fooled in regards to the average consumer time-preference; that is, they think people have a higher ratio of future:present consumption than they actually do. Hence, they miscalculate, and more capital (as opposed to consumer) goods are made than need be. This error is eventually exposed when the government is forced to call a halt to the inflation, which is what we see as the sudden cluster of errors discovered during busts. In theory, it is possible to take control of money away from the government. However, in practice, the gov't will always try to get it's hands back on money, as well as to grow in size.

      Third, the centralization of massive amounts of power and division between various blocs is what causes mass murder (war). On the free market, there aren't enough people interested in wiping out an entire city to justify entrepreneurs making an atom-bomb. It is only government's that provide a massive demand for weapons of mass-murder.

      As for vaccinations, you are right -- they work best if given to everyone, so as to cause the virus or bacteria to become extinct. There is no reason, however, to assume that private charities would not work to achieve this. Also, companies will understand and know how vaccinations work. If a large section of the population (the poor) don't get the vaccination, then the vaccination will be useless to those who do get it, including those in the company who created it. The free market has often provided examples where various companies have pooled resources to act in a manner that's benficial to them all, and to resolve a problem; the voluntary interconnection of railroads from different companies, for example.

      On a related manner, without the government, there is no demand for biological (viral/bacterial) weapons. Again, it is only the government which provides a massive demand for biological weapons. So, without any government, we could avoid that problem as well.

      All that the government is is a monopoly on the use of coercive force; indeed, the government is the only entity which obtains its income from coercive force, rather than voluntary transaction, and in which most people seem to think that's somehow OK.

    3. Re:The Insurance Scam by Anonymous Coward · · Score: 0

      We're talking about forcing genetically inferior people to rely on charity, rather than the authorities forcing everyone to subsidize a product they desire (unlimited healthcare).
      I think people with bad genes should get unlimited healthcare, but the government should pay my rent if I can't afford to. I got a mean landlord. I don't want to end up on the street. My rent is much less than hospital costs for people with bad genes. Why should they force me to pay for them, but no one helps me? Simple. Because they can.

  93. a really intelligent post by dh003i · · Score: 1

    thanks for the penetrating insight. Maybe /. isn't as dumb as I thought. And to think, you're user #3658...having been on /. that long, it's amazing that you can still think at all. Quick, get out, before they realize you're IQ is still above the double-digits!

  94. Hold on...still has to pass the House! by Anonymous Coward · · Score: 0

    This still has to pass the House of Representatives...
    Write your congressperson!

  95. It's free anyway. by Thinkit3 · · Score: 0

    It's just marketers doing their marketing. Why bother when most will put in fake info anyway?

    --
    -Libertarian secular transhumanist
  96. try logic first by dh003i · · Score: 1

    The free market is the most logical solution to all problems from a utilitarian standpoint, not that that's a convincing argument. The real argument is that any tampering with the free market constitute's a violation of property rights; in the case of socialized medicine, it means the systematic theft (thus enslavement) of the healthy to help pay for the medical costs of the unhealthy. No-one has the right to receive the services of another person without compensating them what they'd otherwise accept on a free market: that's called slavery. Taxing people to allow a poor person to compensate the doctor is simply shifting the enslavement from the doctor to the taxpayer.

    But let's analyze it logically. On the free market, let's say Insurance Company N (for naive) offers insurance at a completely flat rate, no matter the condition of it's participants. Now, what rational healthy person would be willing to pay the necessarily high premium that he'd have to pay to account for such subsidization of those benefitting? No-one. What's going to happen is that those in mediocre and poor health will go to this insurance company, but no-one of good health will go there, and those of good health will leave, seeking an insurance company which charges lower premiums. As those in good health leave, the percentage of individuals the insurance company has to pay claims to increases.

    Thus, it has to increase the premium even further on those remaining (of mediocre and poor health). The result is that those of mediocre health are driven out. They don't want to pay higher premiums to subsidize those of poor health anymore than do those of good health want to pay high premiums to subsidize those of mediocre health. Now, what happens is the insurance company has to push up premiums even more. The pattern is cyclical. It will evolve such that the company will either go bankrupt or have premiums so high that those remaining would be better off going it alone.

    Simply put, to ban insurance companies from assessing risk and rating premiums accordingly is to violate the right of freedom of association, a derivative of the right to private property.

    Your comments about humanity and kindness are misplaced and naive. You cannot nationalize or socialize kindness and benevolence, not anymore than you can nationalize or socialize virtue. You do not create kindness by stealing money from person A, whom you deem "not to need that money", and giving it to person B, whom you deem "needs it". All that you are doing is enslaving person A to yourself, and making person B a dependant on you, thus dependant on your enslavement of person A. This statist intervention is what creates true class warfare. It is in B's interest to see to it that I, the State, continue enslaving A; meanwhile, any hospitality A may have had towards unfortunate B is eliminated. If you wish to be philantropic, do so with your own money and your own time; you are in no way acting "kind" by stealing property from individual A to give to individual B. You don't become a philanthropist by spending someone else' money on causes you deem worthy; you're just as much a thief -- and if you do so systematically, an enslaver -- as if you'd stolen property from them for your own private satisfaction.

    1. Re:try logic first by Anonymous Coward · · Score: 0

      So canadians are all slaves. You ARE an idiot who does NOT see forest for the trees. Your free market mantra disregards society which we are ALL supposed to participate in and THAT includes paying taxes and those taxes occassionally assist the poor and sick, if you don't like it tough shit. Just because you have money doesn't mean you HAVE to be an asshole.

  97. What's the House Resolution #? by Travoltus · · Score: 1

    I want to know which House Resolution # corresponds to the Genetic Privacy bill circulating in Congress :)

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  98. Thank God. at least one Slashdot reader gets it! by Anonymous Coward · · Score: 0

    I was beginning to think that absolutely nobody here has any economics training. Thank you, thank you, thank you for your post!
    You are absolutely correct. Health Insurance (or any insurance for that matter) is a cost sharing pool run, for profit, by the insurance agency. It is not a medical procedure or program. It's a bill paying mechanism. It has ALWAYS been based on trying to guess the relative risks of insuring an individual based on statistical data (i.e. actuarial tables) and then setting their rates accordingly. The only thing that genetic testing would do is to take the guessing out of it and render it more precise. Sure somebody might have to pay higher rates or even be refused PRIVATE insurance. So what? It simply means they either have to pay they're own health care costs or use public or charity hospitals. Hey nobody is born with a warranty and there is no constitutional right to have others pay your own way in life (even if it seems like most people think there is nowadays). If folks are so damned interested in fostering "help the less well off" schemes why not a right to food or clothing or shelter? Government provided Meal programs for everyone! A free lair to all!
    You know why nobody advocates this. It's because the efforts in this direction on these rather concrete programs are too hard to miss. Almost everyone can see what kind of result that would lead to, and has lead to, but for some reason, the "everybody pays the same" medical program is esoteric enough and complex enough that some how we think it will result in a different outcome.
    We know what we would get if we were to have a "same cost for everyone" housing program, or a "same cost for everyone" food program, but those who think you can repeal the laws of supply and demand and economics from medical care somehow think it will be different. Get a clue. It won't be

  99. Gattaca after all by chrisbord · · Score: 0

    Actually in the Gattaca world it was illegal to discrimate based on DNA makeup but the law was ignored.

  100. Well... by Jesus+2.0 · · Score: 1

    it seems that we're not heading towards a Gattaca-esque society, after all

    Discrimination based on genetics was illegal in Gattaca. It just was an unenforcable law.
  101. .. but look at all the money you could have made! by netnerd.caffinated · · Score: 1
    "Hooray for us genetically inferior invalids"

    Maybe for you, but i was hoping to make a killing on the black market selling off my "valid skin, urine, blood & mouth swabs for millions.

    Being serious for a moment though. I love that movie, to quote it... which is a quote from Einstein (from what i can remember):
    "There is no gene for human spirit"
    --


    You tried your best, & you failed miserably,
    The lesson is:
    Never Try
  102. Gattaca -- Just saw it tonight... by Nick+Driver · · Score: 1

    Isn't part of the back story of Gattica that it was illegal to use DNA, but everyone did it anyway.

    Yes, that was specifically mentioned.

    I had never seen Gattaca before, nor even knew what the story was about... until today, after reading this Slashdot story, I felt compelled to stop by Best Buy (shame on me) on my way home from work and bought a copy on DVD for $15 (supporting the MPAA, double shame on me) and just now finished watching it a few minutes ago.

    All I can say is WOW!

    What a great story.

    I think this is an absolute masterpiece of a sci-fi story... the quality of which I daresay deserves comparison to best of the classic, golden-era sci-fi dramas of Alfred Bester and Poul Anderson. This is the kind of sci-fi drama story that will be lingering in, and permeating my thoughts for many days to some. Kinda makes you sit back and look at the world in a different light, eh?

  103. Damn, I hate typos... by Nick+Driver · · Score: 1

    That was supposed to say "...for many days to come". Doh!

  104. Gene Doping Question... by Alpha_Traveller · · Score: 1

    Okay, so one day you can't deny someone employment based on their Genes, if this bill becomes law.

    So, some questions:

    Let's think about how this might play around with the regulation regardling the Olympics and gene-doping. If the folks managing the Olympics are fearful of someone else's genes, should you be?

    If you dope someone else's genes, are you considered a fraud? How would you prove your work or ability is your own if someone else's genes are giving you some of what's needed to do the job? (Okay, I know it's a stretch to presume work or ability has anything to do with Genes)

    But while you can't fire someone for their genes, can you fire someone for using someone elses? I'd like to borrow Ted William's genes for example, I hear they're for sale and I'd love to be able to hit a baseball better than I do now...

    --
    "Love is like pi - natural, irrational, and very important." (Lisa Hoffman)
  105. what logic? by Anonymous Coward · · Score: 0
    The free market is the most logical solution to all problems from a utilitarian standpoint, not that that's a convincing argument.


    Your argument might carry some weight if it were, yanno, true. Market economies are grossly inefficient and antisocial allocative mechanisms--I see no reason to prefer markets over alternatives that encourage efficiency and equity.

    Popular belief aside, market economies (capitalist or otherwise) and traditional socialist command economies are not the only choices we have as a society. Further, markets are not some received wisdom -- like, I don't know, quantum physics -- that demonstrate axiomic principles about the way goods and services must be distributed.

    Those two falsehoods serve to protect reactionary statements such as yours as realpolitik while blocking out a discussion of meaningful alternatives.

    The real argument is that any tampering with the free market constitute's a violation of property rights; in the case of socialized medicine, it means the systematic theft (thus enslavement) of the healthy to help pay for the medical costs of the unhealthy.


    Private property is a dehumanizing concept, as you point out.

    Fortunately, we needn't accept a view of private ownership of productive goods in order to operate an economy that supports equity (remuneration based on effort), efficiency, and democracy (economic self-management).

    Private ownership (that is, private enterprise) is a concept that's orthogonal to market distribution, however.

    No-one has the right to receive the services of another person without compensating them what they'd otherwise accept on a free market: that's called slavery.


    Well, nobody likes slavery, so it must be true.

    Taxing people to allow a poor person to compensate the doctor is simply shifting the enslavement from the doctor to the taxpayer.


    Yes, well, taxes and taxpayers are an unnecessary concept as well.
  106. Gattaca - it also presents another lesson... by thrill12 · · Score: 1

    The movie was on the Belgian television yesterday, and one thing strikes me, reading this article.
    Even though, in one small part of the big big world, genetically checking employees is not allowed, it was clearly mentioned in the movie that that practice was not legal there too.
    Employers, however, would simply take some DNA of the doorknob, or analyze the urine-sample for "drug-testing".

    Clearly, this law is not a complete practical ban on genetic testing, if it ever be widely available. There will probably need to be organisations that guarantuee that this ban is implemented correctly. A sort of "ombudsman" so to speak.

    --
    Slashdot: stuff for news, nerds that matter, matter for news, stuff that nerd
  107. Gattaca: rehashing the race issue by KalvinB · · Score: 1

    Gattaca's whole point is that somehow genetics can make you more or less qualified for a position and that's Wrong(tm).

    But wait. Genetics determine our skills and our tolerance for a job situation. Good luck joining NASA and getting a ride in a shuttle if you have a heart condition. Is that unfair discrimation? No. It's recognizing a "flaw" in your genetics that could kill you and ruin a mission. If you could genetically fix that "flaw" you should be qualified if nothing else was preventing it.

    I remember back not more than a hundred years ago we wouldn't hire people because they were black or whatever. Now we have laws against that. But wait. We still have positions that are filled based on skin color, sex, religion ad nauseum. Mostly entertainment roles but also covert missions in the government. Sorry, whitey but you're not going to be infiltrating an Iraqi group any time soon. Bill Cosby made a point of having an all African American crew and cast while bringing on a variety of nationalities as guests.

    The only reason Gattaca isn't just a story about racial discrimination is because It Could Happen To You(tm). Techically it's a pretty silly movie considering we've established anti-discrimination laws for decades now. It's not a new issue other than a "new" way to discriminate. People are only afraid because someone might be able to pay money to get more qualified for a position genetically and want a way to cry foul for no justifiable reason.

    You know what, if I get lasik and all other things being equal, I have much better eyesight than you, I'm rightfully more qualified to fly a fighter jet than you.

    What's the difference between being born with eagle eyes and getting surgery?

    None. If you can buy yourself a bigger brain, awesome, take the job doing super smart stuff that other people wouldn't be able to do. I don't care if nature discriminates against you and gives you a genious IQ or if your bank account allows it, you've got an asset.

    Our anti-discrimation laws should be sumed up as:

    "You may not refuse to hire someone based on qualities that will not affect their performance in the position they are seeking."

    And that's it. And if someone buys a big giant head and gets a position over you because they are smarter and more qualified, you can whine to a judge on a case by case basis instead of pretending that some blanket statement law is going to solve anything.

    There are plenty of beautiful, smart, socialable people who do every imaginable job on the planet. Changing genetics does NOT change the heart. Just because you're beautiful and can act doesn't mean you're going to be a movie star. You may want to be a teacher or any other number of positions.

    So really, genetic modifications doesn't change anything at all. Gattaca was an interesting movie but it was far from innovative or insightful when you really sit down and contemplate the world we live in.

  108. Gattaca is upon us ! by BESTouff · · Score: 1

    If you remember correctly, in Gattaca such a law exists, which forbids employers to use DNA tests to select their candidates. But, of course, they aren't applied: in today's world, do you object when a recruiter goes beyond its duty and asks you about your private life, when you absolutely need the job and know several others need the sale job ?

  109. RTFA... closer. by ronabop · · Score: 1
    Here's how it works. They can't exclude you, or charge you more if you only have a *proclivity* to genetic-related disease.

    However, they are allowed to discriminate against pre-existing conditions... even if you didn't know about them.

    So, as the genome is mapped, and causitive genes are found, they can drop you for a disease you may not get for 50 years. (If you live that long).

    Privacy... yeah, right. Privacy and protection for those with a "non-deterministic" genome, maybe. Those who have causitive genes for later-life diseases are SOL.

  110. Wow by Grizzlysmit · · Score: 1
    "You could say this is a bill for people with D.N.A."

    that's the first I knew of people without DNA. :-D

    --
    in my life God comes first.... but Linux is pretty high after that :-D
    Francis Smit
    1. Re:Wow by KnightStalker · · Score: 1

      You must have written that sig just for this message...

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
  111. bzzt! by dh003i · · Score: 1

    that would be extortion, as would other power-plays (threats to initiate violence unless someone signs a contract). A contract signed under the pressure of extortion is invalid.

    1. Re:bzzt! by pmz · · Score: 1

      A contract signed under the pressure of extortion is invalid.

      In your other reply, you said you were an anarcho-capitalist, but the statement above sounds downright libertarian :)

    2. Re:bzzt! by William+Baric · · Score: 1

      In every contract there are power-plays. This is what negotiation is all about. So do you mean every contract are invalid?

      I'm an anarchist (sort of) and I'm all for contract. But to be fair either you forbid any kind of power-plays (meaning it's an independant third party - like a government - who decide the terms and condition of a contract) or you allow all form of power in a contract negotiation, and that include physical violence.

    3. Re:bzzt! by dh003i · · Score: 1

      what I meant was that in anarcho-capitalism, there would be private courts, and the initiation of violence would be punished, as would the threat thereof as a method of extortion to get one to sign a contract or agree to do something.

      See "Towards a Libertarian Theory of Blackmail". I'm too lazy to look up the link.

    4. Re:bzzt! by William+Baric · · Score: 1

      I know what you meant and I know what anarcho-capitalism is. It's just that I think someone in power must not be allowed to use power from society to protect his own power.

      As soon as there is a system to protect the people who are powerful enough to influence the system, you end up with a system where you can't change the people who are in power and where an ordinary citizen is either a slave who accept the rules of society (made by a few powerful people) or is a criminal.

      Of course as soon as someone is powerful enough to influence the system you can be sure the first thing he'll do is bend the system to make sure society protects him and his power.

      The only way we can prevent this kind of abuse is if a constitution specifically say that society will not intervene in any way in personnal conflicts (which means allowing violence).

  112. constitutions are meaningless by dh003i · · Score: 1

    for who is to enforce and interpret the constitution, but the entity in power, namely the State? The last 300 years have proved that no matter how carefully you've thought out a system of "checks and balances", the state will invariably grow and grow and grow, meaning more war (mass murder), more taxes (mass-enslavement), and the complete and utter violation of property rights (which are the foundation for all other "rights" we speak of).

    The only way to protect against that is anarcho-capitalism. Under anarcho-capitalism, ultimate power rests with the consumer, and he exercises that power daily. Sure, the rich may have more "consumer power" than others, but as they exercise that power (buy things), they likewise diminish it. The only way for them to replenish their purchasing power is to continue making products that other consumers like, and in that area, they can be dethroned at any instant if they are sloth.

    In an anarcho-capitalistic system, there would be courts and police, but they would be appointed by and dethroned by the consumers. see http://www.mises.org/rothbard/newliberty11.asp

    The system you seem to support seems like anarcho-capitalism, except without private courts; hence, anyone can do anything they want, including murder, rape, and steal. This is hardly ideal, though certainly better than the current system (where the State has a monopoly on murder, rape, and theft, and engages in mass-murder periodically). Of course, in your system, norms could enforce rights; e.g., if someone is found to be a murderer, groups of individuals could blacklist him and refuse to sell him anything. This would be minimally effective, however, compared to having a privitized court system, with punishment determined by the victims: see http://www.mises.org/journals/jls/12_1/12_1_3.pdf

    Btw, "society" never intervenes in anything. It is always individuals, not groups, that act. If they act together -- e.g., sing together -- it is still the individuals that are singing, albeit in chorus.

  113. Anarcho-capitalism to the rescue! by Anonymous Coward · · Score: 0

    what I meant was that in anarcho-capitalism, there would be...

    Woah! Hold on a second--

    bwahahahaha!

    *cough* Sorry about that--it was rude. I should have just balked.

    In "anarcho-capitalism," there wouldn't be much of anything, comrade. I'd like to see such a poisioned and viscious idea make it a day or two.

    I'll tell you what, I'll bring the beer and we can watch the fireworks together.

  114. Anarcho-capitalism? by Anonymous Coward · · Score: 0

    There's no such thing. It's a contradiction in terms.

    Just call it what it is--laissez-faire capitalism or objectivism (depending on your flavour) and be done with it.

  115. amusing by dh003i · · Score: 1

    your comments about canadians are irrelevant, as are your ad hominem attacks on me. "Society" is simply short-hand for the cummulative effect of the interactions of all individuals with eachother. Society does not do anything. It is only individuals who act; even if they act in concord, it is individuals who are choosing to act in concord with other individuals. Your concept of us owing "society" something is non-sense, which amounts to the enslavement of those who work to those who don't.

    Paying taxes is no-more an obligation than is accepting theft and robbery. Taxes, btw, largely go to support murder on a mass-scale. As for "helping the poor and sick", that is a moral virtue which is eliminated by taxes. Taxes to forcibly redistribute wealth from those who work to those who don't only create resentment, and enforce an unhealthy attitude of entitlement. Irrelevant of your assertions, the only thing we are obliged to do is not to initiate violence against anyone else. No-one is entitled to my labor without compensating me what I would accept of my own free will, nor are they entitled to the proceeds of my labor without compensating me.

    Welfare and other programs to "help the poor" only worsen their situation, by encouraging individuals not to work, and creating a permanent class of individuals who don't work and are parasiting off of the work of those who do. I suggest you read the following references to understand this:

    http://www.mises.org/rothbard/newliberty7.asp
    h ttp://www.mises.org/rothbard/newliberty8.asp

    Yes, I have "money" and thus a job. And no-one -- no matter their situation -- is entitled to my labor without compensating me for it, nor the proceeds of my labor without compensating me for it. I am not some uncaring asshole; however, neither am I an idiot. Simply giving people hand-outs does not help them. It only creates dependence. Indeed, I would go so far to say that private charity to "help the poor" which gives them handouts for nothing is actually harmful, as it enforces a sense of enitlement. The Mormons have an excellent private welfare system, where those helped are expected to get a job, or at least provide services to the Church, and the length of time they are helped is limited.

  116. syndicalist anarchist? by dh003i · · Score: 1

    The free market is not some oppressive institution created by the "evil capitalists" with their tophats. That's a Marxist fallacy. It is the natural result of the voluntary interaction of individuals interacting peacefully with eachother. As for private property, that's also a natural result of individuals interacting peacefully with eachother; private property comes into existence when previously unownedl and is homesteaded. It allows for individuals to avoid territorially fighting over the same set of resources like wolves.

    From your comments, I can only presume that you are a syndicate anarchist. I suggest you read the following chapters from Mises' "Human Action":

    http://www.mises.org/humanaction/chap33sec1.asp
    http://www.mises.org/humanaction/chap33sec2.asp
    http://www.mises.org/humanaction/chap33sec3.asp
    h ttp://www.mises.org/humanaction/chap33sec4.asp

  117. PS: another point by dh003i · · Score: 1

    in an anarcho-capitalist world, there would be no intellectual property. Thus, your scenario where a company prevents a vaccine from reaching everyone is unlikely, as other companies could make generic knock-offs.