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Californians To Vote On Largest DNA Database

mpthompson writes "California law enforcement officials are backing a proposed ballot measure that would give them authority to operate the largest DNA database in the world and collect DNA samples from everyone arrested or convicted on felony charges."

78 comments

  1. O.J. by AtariAmarok · · Score: 3, Funny

    Word is that they are bleeding O.J. dry to make sure that the database is very very large.

    --
    Don't blame Durga. I voted for Centauri.
  2. fingerprints? by asquared256 · · Score: 3, Interesting

    It's already done with fingerprints... I don't see how this is much different.

    1. Re:fingerprints? by The+Clockwork+Troll · · Score: 2, Informative

      Fingerprints are problematic: direct contact is required (germ issues) and oil, moisture and dirt can all confound readings.

      --

      There are no karma whores, only moderation johns
    2. Re:fingerprints? by Mr.+Slippery · · Score: 1
      It's already done with fingerprints...

      Fingerprints are on outside the body. Getting a DNA sample involves the state violating the bodies of citizens.

      The authority of the state ends at my skin.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    3. Re:fingerprints? by penguin7of9 · · Score: 2, Insightful

      It's notoriously easy to get a false positive on a DNA test if the lab isn't following proper procedure. The ways in which fingerprint tests can be screwed up area much easier to understand for laymen and easier to avoid, too. Courts, labs, juries and judges also have much more experience with fingerprints.

  3. Hey Clinton! by Anonymous Coward · · Score: 3, Funny

    Hey Clinton, better call that chick in Santa Barbara and make sure she washes her dress, and the sheets. Might as well start making calls all up and down the West Coast. It is going to be a long night: you can be sure that Ken Starr read Slashdot too, and he's going to be on this real quick.

  4. Yup every Felon by Seraphim_72 · · Score: 4, Insightful


    2006 - Every baby born(for thier own saftey)
    2008 - Every Person who commits a Crime (We HAVE to track them!)
    2012 - Every Citizen (you have nothing to hide do you Comrade?)

    --
    Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    1. Re:Yup every Felon by vegetablespork · · Score: 1

      That's probably about five years behind the schedule for the voluntary (at first) ID implants.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    2. Re:Yup every Felon by Seraphim_72 · · Score: 1


      I stand corrected :)

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      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    3. Re:Yup every Felon by MattCohn.com · · Score: 0, Troll

      And I hear this thing they're making called a "Video Camera" can be used to watch you from affar! The government is going to abuse it they are!

      Besides, they already collect fingerprints. This isn't any different, except that it's more acurate with less false negatives/false positives. I think this is a good thing.

    4. Re:Yup every Felon by CmdrNullo · · Score: 0, Offtopic

      Weak troll. Come back when you've got some game.

    5. Re:Yup every Felon by elp · · Score: 1

      Umm... Would someone please explain what the privacy concerns here?

      Seriously a lot of countries already have fingerprints of all citizens over the age of 16 on file and they have never had any problems, how is this any different and how is it possible to abuse this info?

      Also the idea of insurance companies buying the info is a crock. If they were going to use it they would simply require a blood test before granting the insurance, again the same way life insurance companies in countries with high AIDS rates insist on AIDS tests before they grant insurance.

      Lay off the weed its making you paranoid.

    6. Re:Yup every Felon by Seraphim_72 · · Score: 1

      Lay off the weed its making you paranoid

      Nice troll, but I will bite. You said it yourself, insurance companies insisting on AIDS tests. Imagine I can keep your bottom line profitable - all we have to do is find away to insure the healthy. How could we do this?? If only the Government had a database of all citizens, thier likes, dislikes, crimes, and habits, and thier health too. Then, there you go, we only have to insure the top 1% and make scads of money. On the other hand, we (and all insurance companies) avoid that bottom 20% - way to costly - and what do you know, those with perfect health are the ones who are going to keep it, those without - will never get there.

      Too far fetched? Try this on - I got caught driving on a revoked license (unpaid tabs ticket). When it hit my insurence - it went sky high - why? They treat it excatly as if I had got a DUI. How can they do this? - because 1. They all do it 2.They have free rights to my driving record. Should they be able to have a look at it? sure, why not, should they have actuarial go over it with a fine tooth comb? No, if you want to be in the insurance biz except the risks - that is after all what you are doing - insuring risk.

      And as long as we are being insulting , I dont smoke at all - life long asthmatic, but perhaps you might want to unravel yourself from the flag long enough to pick up a history book and read about the abuses of government.
      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    7. Re:Yup every Felon by Mr.+Slippery · · Score: 1
      Seriously a lot of countries already have fingerprints of all citizens over the age of 16 on file and they have never had any problems,

      To the contrary, any nation where the government forces innocent citizens to be fingerprinted has very very deep problems.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    8. Re:Yup every Felon by PinkyGigglebrain · · Score: 1

      I take it you don't know about the vaso-dilator contained in cannabis. A hit can stop an asthma attack in its tracks.
      Tashkin, Dr. Donald, UCLA Pulmonary Studies 1969-1987

  5. Trust us, we're with the government. by Syncdata · · Score: 4, Insightful

    Oh, it'll only be used for felonies.
    Two years pass
    Felonies, and extreme, non felonious cases.
    Two years pass
    Felonies, extreme non felonious cases, and lookin funny.
    What's that? Why, of course, we'd never use your toll bridge fast-pass to log your comings and goings!

    --
    "Inattention makes clowns of us all" -Bean
    1. Re:Trust us, we're with the government. by ctr2sprt · · Score: 2, Interesting
      You know that unless you back up a slippery-slope claim with evidence, it's a logical fallacy, right?

      We've been taking fingerprints of criminals - and suspected criminals - for decades, and it hasn't extended to include anything unreasonable. So given that we have a history of doing exactly the same thing, and doing it generally responsible, the burden of proof is pretty clearly on you to demonstrate why this is really a slippery slope.

    2. Re:Trust us, we're with the government. by Mr.+Slippery · · Score: 1
      We've been taking fingerprints of criminals - and suspected criminals - for decades, and it hasn't extended to include anything unreasonable.

      You have a different defintion of "unreasonable" than I do then. I think it's unreasonable that people volunteering to work with kids these days are often fingerprinted and run through FBI checks because of paranoia about child molestation. (Which isn't to say parents shouldn't exercise reasonable caution.)

      I also think it's unreasonable that recovered fingerprints are used as evidence despite the lack of scientific backing

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  6. Fine With Me by MBCook · · Score: 3, Interesting
    I'm sure there will be quite a few "big brother" privacy claims posted, but frankly I HOPE that this happens. I have no qualms what so ever.

    Now, if California wanted to make the database for every single citizen, I would object. If it was for anyone convicted of anything (parking tickets included), I would object. But it's not...

    It's FELLONS. These are not jaywalkers, they are murderers, rapists, duggies (dealers, trafficers, etc), and more. I don't mind this segment of the population losing a little bit of their rights, because they chose to give them up when they decided to commit a crime. I don't mind this just like I don't think felons should be allowed to have guns (I am otherwise very supportive of right to bear arms). They are FELLONS, we shouldn't be crying for them.

    Now that said, there are bound to be false convictions, and this is the one caviat that I have. When a false conviction is found, that person's DNA needs to be removed from the database IMMEDIATLY and any convictions/etc based on the DNA that was collected because they were a fellon (fruit of the poisonous tree). But ONLY THAT DNA. If the person submitted their DNA during the investigation, that obviously gets to stay in the database, it's only DNA collected after they were convicted that should be "tossed" in such a case. If this part is held, I have no qualms what so ever.

    Bring on the database.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:Fine With Me by orthogonal · · Score: 4, Insightful

      It's FELLONS (sic).

      It's felons and anyone arrested on felony charges. Whether or not they're subsequently convicted.

      If someone is subsequently found not guilty, how is that person different than any other innocent person walking down the street? Why should his DNA be in the database and yours not be?

    2. Re:Fine With Me by Anonymous Coward · · Score: 0

      What the hell is a "fellon"?

      felon n.

      1. Law. One who has committed a felony.
      2. Archaic. An evil person.

      You did spell "felon" correctly once, apparently by accident.

    3. Re:Fine With Me by mpthompson · · Score: 1

      The article states: "the measure has extensive protections that purge DNA information when a suspect or convict is exonerated."

      Presuming that such protections are in place a person who is found innocent or in cases where charges are not pressed will have their records purged from the database. I'm not sure if this happens with fingerprints and mug shots today -- probably not.

    4. Re:Fine With Me by MBCook · · Score: 1
      Oops. Your right, I forgot that part. OK I agree, forget my condition. This is what I get for not reading the article.

      But then again, it's Slashdot. What do you expect ;)

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    5. Re:Fine With Me by orthogonal · · Score: 1

      The article states: "the measure has extensive protections that purge DNA information when a suspect or convict is exonerated."

      Then I suppose you'd be OK with the police declaring every person who meets the criminal's description ("a tall Hispanic with a goatee") a "suspect", taking every "suspect's" DNA, comparing all "suspect's" samples to DNA taken from the crime scene or stored from previous, unrelated crimes, and then purging anyone for whom they didn't find a match?

      How is that different in practice (if not convenience) from maintaining a DNA database of all persons, convicted or not?

      Would you be willing to give the government a sample of your DNA? We've seen government abuse of databases before; do you really think all the J. Edgar Hoovers are gone?

    6. Re:Fine With Me by PaulBu · · Score: 1

      I can see your point (as well as I am pleased to see that you are approaching it with an intellectual honesty), so couple more things for you to think about:

      duggies (dealers, trafficers, etc)

      etc being users? Does it really match your libertarian position?

      Do you support the whole "three strikes" approach? Or after serving the time the (now ex-)felon is supposed to pay her ;-) debt to society?

      What about sexual assault cases and Megan law? WHY can those be an exemption?

      Just a couple of thoughts...

      Paul B.

    7. Re:Fine With Me by Danny+Rathjens · · Score: 1
      He told you what it is:
      fellon (fruit of the poisonous tree).
    8. Re:Fine With Me by GCP · · Score: 1

      Good point. Let's put mine in, too. I don't care if they *do* put us all in the database. I don't understand why I should have the right to be not knowable if my DNA shows up at a crime scene unless I have been previously *convicted* of a felony. By this argument, we want to make sure that those who are committing their first felony cannot be found via DNA. What is the advantage to society that we be unable to find first-time felons, or tenth-time felons who managed to plea bargain down to a non-felony each time they commit a felony?

      I think people get confused about the laws regarding unreasonable search and seizure. Historically, many governments would go in and tear apart the homes and destroy or steal the belongings of anyone they didn't like. If they claimed it was a search for criminal evidence, they could get away with causing you almost unlimited harm at their whim. The law was to prevent them from harming you without demonstrating to an independent party that there was a reasonable necessity to conduct the search, despite the harm it might cause you.

      If your DNA data is in a database, you're not having your home torn apart or your possessions ransacked each time someone does a pattern search. You're not being hurt at all, except for the risk that you might be identified, correctly or not. IANAL, but I don't know of any constitutional provision against being eligible for possible (mis)identification. If there were, they'd have to take our license plates off our cars, because they allow our vehicles to be uniquely identified as we drive away from a crime scene. And every time someone searches for a half-remembered license plate number, my number is a potential candidate with an enormously higher probability of misidentification than my DNA.

      --
      "Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded."
    9. Re:Fine With Me by darthlurker · · Score: 1

      Well then why shouldn't EVERYONE submit their DNA? Hell, I'll even go before you.

      The initiative only requires SUSPICION of a felony to force one to register in this database. (If you RTFA!)

      Interesting? A better rating would be troll-bait.

    10. Re:Fine With Me by Anonymous Coward · · Score: 0

      I don't care if they *do* put us all in the database.

      I feel sorry for you.

    11. Re:Fine With Me by GCP · · Score: 1

      Ditto, if sharing your silly feelings is your idea of a rebuttal.

      --
      "Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded."
    12. Re:Fine With Me by mpthompson · · Score: 1

      These kinds of details of the proposed law weren't described in the article, but I would presume that a DNA sample would be taken at the same time a fingerprint and mug shot are taken. In other words, when an actual arrest is made which is predicated on much more than just "round up all tall Hispanics with a goatee".

      The essence of the proposed law is whether the voting public will view DNA identification as being equivalent to fingerprint identification. I believe that rational arguments can be made either way. It seems logical that DNA can treated as a perfectly legitimate means of identification for law enforcement. However, there is the potential for abuse which would have to be carefully considered.

      To answer your question: I wouldn't have a real problem giving a DNA sample for identity purposes under the same conditions that today I would have to give a fingerprint (drivers licenses, childcare licenses and background checks, sensitive public sector jobs, etc.) Under such circumstances my DNA is a very accurate identifier and I can envision scenarios where such accuracy may indeed serve to protect my rights. I would much rather be wrongly accused under circumstances where DNA can clear my name than face a situation where a traumatized victim wrongly points their finger at me saying I'm the one because I remind them of perpetrator in some vague way.

      Perhaps someone more familiar with the technology can better answer this question, but I believe the DNA procedures used for identity purposes are much different than DNA processes use for health screening and other purposes. This may make DNA fingerprinting less than useful for some of the outlandish abuses proposed.

    13. Re:Fine With Me by Tom7 · · Score: 1

      I guess this is probably a troll (the spelling errors are irresistible!), but, it is still important to note that this database would include anyone who is arrested. They can arrest you at any time, even if you've done nothing wrong. Also, "felony" doesn't actually mean anything, so such a database might include people convicted of various crimes less serious (or relevant) than murder.

    14. Re:Fine With Me by Your_name_here · · Score: 1

      An unpopular thing to do, I know... But you really should read the article.

      1) It's not just Felons (A felon is someone CONVICTED of a Felony crime)

      It's all suspects in a felony crime.. It doesn't take much to be a suspect.

      2) It's not even just people -charged- with a felony.

      Quoth the article (emphasis mine):
      If voters approve the measure, it will allow California authorities to get DNA samples from everyone arrested or convicted on felony charges, as well as from misdemeanor sex offenders -- both adult and juvenile

      I encourage you to take a gander at what constitutes a felony in CA, and just how many things fall under a misdemeanor sex-crime.

      Pay close attention.. this is -arrested-, not convicted, not even formally charged...

      You say "murderers, rapists..." Those crimes already have DNA collection on conviction (where it belongs).

      And before you jump for joy over "exonerated suspects will have their DNA purged from the system", I encourage you to think hard about the speed and efficiency of anything the government does. I wouldn't be surprised if it took a decade for things to be 'purged'... And by purged, I'm sure they only mean live data.. you're still on the backups.

      --
      I hate to advocate drugs, alcohol, violence or insanity to anyone, but they've always worked for me. -- HS Thompson
    15. Re:Fine With Me by Scrameustache · · Score: 1

      It's FELLONS. These are not jaywalkers, they are murderers, rapists, duggies (dealers, trafficers, etc), and more.

      That's suspected felons.
      So what if they later drop the felony charge and only prosecute the misdemeanor, you're allready in the database, tough luck.

      Wanna bet that most people arrest for drug possesion will be charged with "possesion with the intent to sell" only to have the charges against them reduced after the database entry has been done?

      They convict people making crystal meth on charges of terrorism (making meth involves chemicals that could be used to make other nasties), you can count on them to overextend the long arm of the law using that technicality too.

      --

      You can't take the sky from me...

    16. Re:Fine With Me by Bourbonium · · Score: 1

      Sorry, but it's not fine with me. And the word is spelled "felon" not "FELLON."

      California's Department of Health Services already collects DNA specimens from every child born in the state (under its Genetic Disease Screening Program) and has been doing so for more than 15 years. The potential is there to create a DNA database of every native born California resident and Attorney General Bill Lockyer has already proposed doing so with the GDB program. What started out as something good "for the children" is now being proposed as something "good for law enforcement." This proposed law is only the first step toward that ultimate goal.

      To paraphrase a famous quote, "At first, they came for the felons, but since I wasn't a felon, I didn't speak up. Then they came for people aquitted of felony charges, but since I wasn't charged with a felony, I didn't speak up. Then they came for people with outstanding parking tickets..." etc. etc.

      Thanks goodness I was born in Texas, but my children could be in that proposed database, and that concerns me plenty.

  7. National DNA is going to happen. by BrookHarty · · Score: 2, Insightful

    I just wonder how long before states, start selling the databases to insurance companies to help with the expenses. States already sell personal information, what could be more personal, than your DNA.

  8. Uncharged Suspects? by Radical+Rad · · Score: 3, Insightful
    would expand the range of crimes for which felons must submit DNA samples to the state's database to include nonviolent offenders, juveniles and uncharged suspects.

    So when all white or black or hispanic males, ages 25-32, in the City of Los Angeles fit the description of a suspect then anyone of them can be forced to be DNA fingerprinted?

    He dismissed the ACLU's concerns about invasion of privacy as "a straw man argument," pointing out that the measure has extensive protections that purge DNA information when a suspect or convict is exonerated.

    I hope someone will look very closely at these "extensive protections". There have already been many cases where police have demanded DNA samples from innocent people. The DNA test exonerated them but the police refused to then destroy the DNA fingerprint. Also I have no doubts that the police would run blanket checks against other cases in which the innocent donors are not suspects. When a match comes up positive they will claim that it was done "accidentally". I bet that DNA fingerprints would never actually get purged either due to "computer errors".

    1. Re:Uncharged Suspects? by mpthompson · · Score: 1

      When a match comes up positive they will claim that it was done "accidentally". I bet that DNA fingerprints would never actually get purged either due to "computer errors".

      Such an "accident" would seem to be a defense lawyers dream case as such evidence would be tossed out under The Doctrine of The Fruit of the Poisonous Tree. In other words, if the means of gathering evidence is tainted, the ends or fruits of those means and the evidence must likewise be poisonous.

      BTW, do you have any specific references to the "many cases" where police refused to purge DNA fingerprints? If so, these are probably in states where DNA identification is legally treated just like fingerprint identification. The proposed law for California would have specific clauses to protect against this and I doubt police would be able to easily weasel their way out from under the law.

    2. Re:Uncharged Suspects? by Radical+Rad · · Score: 1

      Wouldn't they claim that since it was accidental and no intention to violate rights can be proven that they can't possibly be expected to ignore evidence that jumps out at them, similar to finding a gun in a pile of trash that an animal had strewn about?

      And no I can't cite specific references but I assure you I learned about them from reputable sources on television and internet news sites. I hope you are right that they would not be able to weasel their way past the spirit of the law.

  9. Kill it dead by abulafia · · Score: 0
    Don't give this to the state.

    I used to live there. That doesn't matter. Why would you give your DNA up? Don't do it.Fight anyone who wants you to do so.

    --
    I forget what 8 was for.
    1. Re:Kill it dead by Mr.+Slippery · · Score: 1
      Why would you give your DNA up? Don't do it.Fight anyone who wants you to do so.

      Exactly. The sovereignty of the state ends at our skins.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  10. The Beast Turns Inwards ... by leoaugust · · Score: 3, Funny

    Me thinks it is pretty fair. After the decision to fingerprint almost "everyone" visiting the US, it is just fair, and actually just a matter of time before the Beast Turns Inward. "I think people have come to understand that an increase to security is necessary," said U.S. Homeland Security spokesman Bill Strassberger.

    The Govt can keep the DNA of felons in a Central Database, but the rest of the citizens should be motivated to carry their DNA/Fingerprint ID card just in case they have to prove their identity when there is a security situation. The threat level is already at ORANGE and who knows what will happen when it turns RED !! People WAKE UP ! In fact, for your own protection you can already buy ID cards for the family that will store you DNA and fingerprints. These fingerprint and DNA identification cards are great for all families. Be prepared and have that vital identification information that may be needed in an emergency situation. Like when the threat level goes to RED !

    Also NCSE provides DNA and Fingerprint Kits either for bulk sales or for use with our e-learning software or Child ID Kits.

    FOR YOUR SAFETY Please Order one TODAY ! With your order please give my referrer code ref??###R@D@=sarcastic.

    AGAIN, EVERYONE ! PLEASE ORDER YOUR DNA/FINGERPRINT ID CARDS TODAY !!! Don't Wait!!!!!! Make that life changing phone call today !!!!!!!!!

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
  11. Two sides by SmallFurryCreature · · Score: 3, Insightful
    This story has two sides. DNA is a god send to those charged with finding criminals. It is almost impossible not to leave some dna at a crime scene even for pros and most crimes are not committed by pros. If the police had access to a database with everyones dna then a hell of a lot more crimes could be solved and a lot faster at a lesser cost and with less change of false arrests or the criminal committing another crime while police are investigating.

    On the other hand is a huge privacy issue. While it is true that the innocent SHOULD have nothing to fear the sad fact is that this is not true. Nor can we assume that even if it is true now that it will remain true in the future. The germans had a registration of who had what religion in the 1930's. We all know how that ended. Can you be sure who is in charge of the US or any country proposing a similar scheme in 10 years? That is now 3 elections away.

    I have little patience with people just concerned with their privacy. Most of them are just people who don't want to be caught should they ever decide to commit a crime. Guess what sherlock that is part of the reason for introducing such a thing. "Commmit a crime and we will find you" as opposed to now, "Commit a crime and maybe we will find you". The higher the chance of getting caught the more people will be deterred.

    On the other hand I do have my doubts if such a system in future might not be abused. So on the one hand yes everyones dna logged will make life a lot harder for criminals. It will also make life a lot easier for anyone seeking to oppress non-criminals in the future. Or people we consider now to be innocent but who might be made to be guilty in the future.

    The answer? I don't have one. Anyone who claims they have one are lying. Don't believe those who guarantee the safe use cause they can't. Don't believe the privacy people cause they are not now the victims of crime. The moment their child is murdered they will change their tune faster then a prisoner on his way to the chair.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Two sides by Seraphim_72 · · Score: 1

      While it is true that the innocent SHOULD have nothing to fear the sad fact is that this is not true.

      I have little patience with people just concerned with their privacy.

      Most of them are just people who don't want to be caught should they ever decide to commit a crime. Guess what sherlock that is part of the reason for introducing such a thing.

      You have never commited a crime? Any Crime? Anything at all? Speeding, minor tax evasion, jaywalking? I am gladdened to know that at least there is One Pure Soul in the world still. Moreover, as privacy is not an issue, may I have your name and city of residence? I actually DO work for the Government, so I assure you that it will only be passed on to my boss as an example of faith. Reply to this message and I will give you my email, trust me, your information is private in my hands.

      Thank You

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    2. Re:Two sides by Anonymous Coward · · Score: 0

      I want it to be expensive to enforce the law. That way we have to focus on serious offenses. Make law enforcement cheap and easy, and laws proliferate. Pretty soon everyone's a criminal, because there are so many petty laws you can't avoid it even if you're the most moral person on Earth. Then law enforcement can nab anyone they feel like, and we have a police state.

  12. all felons? by bodrell · · Score: 1
    Not all felonies are violent.

    Have you read the law books lately? Do you know what constitutes a felony? It's not just the drooling insane criminals lurking in dark alleys--you mention drug dealers and traffickers, but what about users? Do you think nonviolent marijuana users (even for medicinal use, in California) should be put in a DNA database?

    I know you already conceded this point, but the law would also catalog DNA of those ARRESTED for a felony, guilty or not. There's no reason to think law enforcement wouldn't twist the law to suit their purposes, such as arresting someone with no evidence just to obtain their DNA. Then, with DNA in hand, they might be able to make their case. This might be for the best in certain cases (if the suspect really is guilty of a violent offense), but it's not worth the hit on our civil liberties. Remember what Jefferson said: better to free ten guilty men than convict one innocent.

    It's also worth noting law enforcement's history re. search and seizure. Police can seize property they "believe" to be purchased with drug money. But if the suspect is found innocent, the police don't have to return the confiscated property. There are plenty of documented cases of police using this loophole to obtain valuable properties just to augment the department's bank account. There was a blind rancher in California who was actually shot and killed by police raiding his place, with no justification for the raid.

    --
    Si la vida me da palo, yo la voy a soportar Si la vida me da palo, yo la voy a espabilar
    1. Re:all felons? by whorfin · · Score: 1

      There's no reason to think law enforcement wouldn't twist the law to suit their purposes, such as arresting someone with no evidence just to obtain their DNA. Then, with DNA in hand, they might be able to make their case.

      The police already do this without a database. Sometimes they have a strong suspicion about the perp, but no 'strong evidence'...The DNA placing the suspect at the scene provides that evidence.

      Personally, I think that a law that would make it easy for the police to find sick fucks like this guy is a good idea.

      --
      Laugh while you can, monkey-boy!
    2. Re:all felons? by Scudsucker · · Score: 1
      Personally, I think that a law that would make it easy for the police to find sick fucks like this guy is a good idea.

      Oh? Quoting the judge:
      • She agreed that the police broke the law by pretending to be lawyers, but said police are allowed to do that to catch criminals.
      While I'm sure there's a lot more to the statement, she's saying the police are alowed to break the law in order to arrest people. That doesn't set off any warning bells with you?
  13. I can see it now... by Anonymous Coward · · Score: 0

    Mr. Johnson,

    This letter is to inform you that your DNA has been found in several cigarette shops. We have therefore concluded that you are a smoker, and will be doubling your rates.

    Steve Thompson
    Nationwide Insurance

  14. Privacy implications broader than the state.... by isaac · · Score: 2, Insightful
    I wonder what protections this law has against genetic data being disclosed to private parties?

    Lots of states sell personal data (driver's license info, etc.) to private parties. There's certainly no federal genetic privacy law, and I don't know if California has a state law limiting disclosure of genetic information. In the absence of such a law, what's to stop a state from selling potentially lucrative genetic information to well-heeled insurers and credit reporting agencies?

    -Isaac

    --
    I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
  15. Re:Two sides, eh Fuher? by daki · · Score: 1

    While I see your point, I can hardly agree with the comparison of the German Regime in the 1930's to the current US Government (Note: this is not to imply democrats or republicans do a better job, just that the way the US Gov't is set up is different, so please don't spam the comments with political propaganda =D). As it was said earlier in the comments, I don't really feel that I have anything to hide. To me, this is similar to a current debate in my state about traffic intersection cameras. If you aren't doing anything illegal at the intersection, then why do you need to worry!?! Anywho, you did make a good point with the fact that anyone's personal decisions will be changed based on personal experiences, so Kudos for mentioning that! In summation, I don't think the analysis of Nazi Germany to current US is quite accurate, but the government is held responsible at some level for protecting us.

    --
    "Sure I like deadlines, I like the 'whoosh' sound they make as they fly by" - Douglas Adams
  16. A slippery slope is just that. by Syncdata · · Score: 1

    It's proof you wanted. Perhaps I shoulda gotten my href on.
    Government always introduces things with the sweetest kiss, but the honeymoon ends slowly, and predictably.
    The problem with databases as they relate to government, and really, any other enterprise, is they start off with very strict guidlines. (EG: Felons only). But once the DB is instituted, then legislature A decides to do one of two things.
    1: Change the law to also cite this other group outside of the previously defined group, or
    2: Change what constitutes a felony.
    Do you deny for a second that if (to pick an example most will agree with) the RIAA and Orrin Hatch had their way, that downloading an MP3 of a contracted artist would be judged a felony? Given the loose nature with which the Interstate commerce clause is interpreted, that act would most assuredly invoke federal jurisdiction.
    The reason they call them slippery slopes is because sliding down them is easy. And never trust a politician to ease the speed you slide down it.

    --
    "Inattention makes clowns of us all" -Bean
    1. Re:A slippery slope is just that. by ctr2sprt · · Score: 1

      So your proof is that you don't trust politicians, and you count on them always to do the worst thing possible. That's not proof so much as your belief, but that's okay. Your beliefs are your own, and I won't try to change them. Suffice it to say that I don't feel all politicians are necessarily evil, so I think that sometimes the government really does do the right thing (and not just by accident).

    2. Re:A slippery slope is just that. by Alsee · · Score: 2, Insightful

      It isn't that politians are evil. At least not most of them anyway, chuckle. Most of them try to do the right thing. What you are missing is that there are competing interests and motivations, all valid.

      In a genuine slippery slope situation there is a constant pull in one direction not for evil reasons, but from well intentioned people striving for "noble purposes". Everyone has their pet project and sees a way that one small step down the hill is a step towards a "noble goal". A way to help police catch criminals. A way to prevent crime from happening. A way to catch dead beat-dads. A way to protect the children. A way to fight terrorism. A way to raise money. A way to fight discrimination. A way to protect the enviornment. A way to stimulate the economy. A way to fight piracy. A way to stop hackers. A way to stop the spread of disease. A way to simply make their job easier. And on and on and on and on.

      And that's without even considering less-than-noble motivations, special interest lobbying, and political football games.

      There are many different sorts of slppery slopes. Sometimes you are better of never setting foot on that slope. Sometimes you drive a stake into the ground and refuse to step past it no matter how noble the motivation - a hard solution to enforce for an arbitrary law the legislature can rewrite at will. Many times you get stuck with an eternal war fought between opposing noble intentions shoving the line back and forth. And sometimes you just have to give up and let it fall to the bottom taking the bad with the good.

      Slippery slope is a real problem. This sort of DNA database sure looks like a valid slippery-slope situation to me. There are a million ways to use it and add to it for "good purposes". Every year the legislature will repeatedly face this issue, people coming to them with a problem in one hand and a solution in the other hand. Solutions that all involve expanding the database and its uses.

      Is there any inviolatable line we can drawn? Do we want to give up and simply have public database of everyone revealing every single gene? Do we want to fight an eternal legal war between increasing usages shoving the limits one way and privacy advocates shoving the other way? It is very hard to "undo" any expansion of a database or an expansion of its use. Do we even want to step on that slope at all?

      The fact that legisators want to do the "right thing" is part of the problem itself.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  17. Maybe good if applied more widely by Compuser · · Score: 2

    I would think it a good thing if it were for all
    US citizens and legal aliens. If such a database
    were implemented the Feds could require, e.g. all
    supermarkets and food vendors in general to
    collect DNA and on the spot verify immigration
    status. This would make it nearly impossible for
    illegal immigrants to buy food, clothes, medicine,
    etc. You could also then investigate anyone
    buying food in bulk and see if they sell it on
    black market which would be sure to form. You
    could then really open a hunt for illegal
    immigrants and clean up US.

    1. Re:Maybe good if applied more widely by Anonymous Coward · · Score: 0

      How the hell did this get rated up? You want to "clean up US"? Who would work on Californian and Floridian farms for less than minimum wage, and for no benefits? USians should ween themselves from exploitative labor before posting such drivel.

    2. Re:Maybe good if applied more widely by Compuser · · Score: 1

      And how do you propose we "ween ourselves from
      exploitative labor"? Oh, I know, how about getting
      rid of all illegal immigrants. Why, then there would
      be a labor shortage on the farms, wages would go up,
      people would get benefits, etc.
      You are advocating same thing buddy. And being very
      indignant about it to boot.

    3. Re:Maybe good if applied more widely by Anonymous Coward · · Score: 0

      Good idea. Once we've got all that working, we can do the same thing to subversives and dissidents. No food unless you have approved political status. It worked for Stalin, it can work for us.

  18. Police Corruption, Wrongful Arrest by Anonymous Coward · · Score: 0

    I had a completely clean record.

    I recently placed a 911 call because I was being beaten and attacked, and when the police arrived the person who attacked me lied to police and I was arrested (not read my miranda rights) - taken to a processing facility - forced to give blood which I refused - they threatened to hold me down - it was noted on the arrest record that I refused the blood withdrawl. They took it anyway.

    I stayed in jail, I bailed out for 2500$, and two weeks later they didn't even press any charges. They were dismissed. They had obviously not met sufficient evidenciary support to back up the claim.

    So now I have been victimized by my attacker, the police, and the prosecuters. And now my DNA is in a public database.

    Do you trust the police to make decisions of who's DNA is in this database? There is no policy and procedure regarding having persons *removed* from this database.

  19. downside to the universal catalog by js7a · · Score: 2, Interesting
    I don't understand why I should have the right to be not knowable if my DNA shows up at a crime scene unless I have been previously *convicted* of a felony. By this argument, we want to make sure that those who are committing their first felony cannot be found via DNA. What is the advantage to society that we be unable to find first-time felons, or tenth-time felons who managed to plea bargain down to a non-felony each time they commit a felony?

    The answer is easy to understand, but so much easier to overlook. If your DNA is in the database, then anyone who wants to commit a crime against any of your acquaintances, or frame you for whatever reason, has only to obtain the smallest sample of your DNA (e.g. from a kleenex or napkin in your trash), use an easily available PCR kit to amplify it, add the DNA to some of your type of whole blood with leukocytes removed, sprinkle a few drops at the crime scene, and presto! you're in jail on incontrovertable evidence.

    But it's not incontrovertable if the process of faking your blood with PCRed DNA is so easy, is it? Well, that's missing the point. The likelyhood that anyone would actually do this sort of thing (if they haven't already) is strongly correlated with the proportion of the population cataloged in a database. If everyone is cataloged, then everyone's friend is cataloged, and everyone's enemy is cataloged. So no criminal is then precluded from establishing this nearly perfect diversion.

    In short, the larger proportion of people in the cops database, the more useless the database becomes. As soon as one DNA forgery is discovered, there goes the "beyond a reasonable doubt" standard in every subsequent case.

  20. Good thing for CA by girth · · Score: 3, Funny

    Now we have a use for all the Oracle licenses we bought last year.

  21. That's silly by GCP · · Score: 1

    Look, nobody is overlooking anything here. DNA planting is already a staple of crime dramas. Regardless of who is in the database, you can easily obtain DNA from someone who is, or you can plant DNA from someone who isn't and just report that you think you may have seen them leaving the scene. Go ahead and report their license plate number, which is easier to get than their DNA. Then the police sample their DNA and it's just as if they'd been in the database all along.

    If you can frame someone with DNA (and you certainly can), then you can frame them approximately as easily whether they're already in the database or not.

    --
    "Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded."
    1. Re:That's silly by js7a · · Score: 2, Insightful
      you can easily obtain DNA from someone who is [in the database]

      The fewer people who are in the database, the fewer choices are available to a forger. When everyone is in the database, nobody is off limits.

      or you can plant DNA from someone who isn't and just report that you think you may have seen them leaving the scene.

      And in doing so, either (A) draw attention to yourself as a witness, or (B) raise the suspicions of a frame-up with a needlessly anonymous tip.

      If you can frame someone with DNA (and you certainly can), then you can frame them approximately as easily whether they're already in the database or not.

      Saying it doesn't make it so. When everyone is in the database, forging anyone's blood is possible without any further involvement or the stigma of an anonymous tip.

  22. Patriot Act by Anonymous Coward · · Score: 0

    Jose Padilla

    You can't really have your head so far up your ass that you can't see the slide occurring as we speak. Can you?

  23. Time line - Way off by Anonymous Coward · · Score: 1, Insightful

    2006 - Every baby born(for thier own saftey)
    Voluntary sample/Registration kits are already available and recommended in the name of safety. It will likely become mandatory by 2006

    2008 - Every Person who commits a Crime (We HAVE to track them!)
    A more likely date will be 2005 when DNA collection becomes part of the standard booking process, as finger rpinting is today. Note that this process occurs before you even get to court, guilt or innocence is irrelavent.

    2012 - Every Citizen (you have nothing to hide do you Comrade?)
    With the rapid advancement of the previous two dates, this will likely occur by 2008 when DNA registration will become part of the drives license or voter registration process.

    It'll be interesting to see when Gattaca-esque circumvention attempts start showing up routinely.

  24. Simpson Quote by pvt_medic · · Score: 1

    ... You'd have to ignore all that Simpson DNA evidence. And that would be downright wacky.

    --
    30% Troll, 50% Underrated, 10% Interesting
    Score:5, Troll
  25. Re:Two sides, eh Fuher? by Sylver+Dragon · · Score: 1

    I don't think the original poster was trying to equate the current US government to the Nazis. All that is being done, is pointing out that you have to be careful about what information the government is allowed to collect and keep. This is largely based on the assumption that, eventually, the government will become corrupt, in one form or another, and such information will be used to oppress people. If you don't want to use the Nazis as an example, just look back at our own history. We have the Japaneese internment camps (don't you think they would have liked to hide their ancestry?), we have the whole McCarthy era, where they made life hell for anyone who happened to believe in communism (sure, some of them were spies, but aren't people allowed to believe in any system they wish without being harrased?) We had Nixon and the whole Watergate scandal.
    What I'm trying to get at, is that we have had, in the US, a number of times where the government has abused people. And a database of everyone's DNA is just going to help it be done again. Is our current government a problem? No, as long as you are not a suspected terrorist, but it could happen again. So its better to deny the government this tool, rather than run the risk of abuse.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  26. As long as... by herrvinny · · Score: 1

    As long as this data is kept secret (no 3rd parties) and information is only kept for the convicted (not accused), I don't think there's a problem here. Don't they do something similar to this already?

    1. Re:As long as... by Bourbonium · · Score: 1

      California does not have a good track record for keeping private data private. See this link from the Sacramento Bee to read about how the state's 250,000 civil servants had their personnel records stolen in 2002 by hackers who have never been caught. And the sysadmins of the compromised database servers didn't even notify them for three months (because they were busy "investigating" the security breach).

      This doesn't give me much confidence in the ability of government bureaucrats to maintain the security and integrity of a highly valuable database. You've seen how well they handle your tax dollars; just wait until they have control of your DNA records!

  27. Re:Two sides, eh Fuher? by circusnews · · Score: 2, Interesting

    Can we say "Unreasonable search and seizure". IANAL, but as I understand it the government needs to have a basis to investigate a person for a crime. Using this kind of database match is, in essance, like allowing the government to investigate people without having any basis to do so. If we allow this to be passed, where does this slope end? RFID tags implanted into every person so that the police can see who was in the area when the crime was commited?

  28. Put Arnold's DNA on the web by Animats · · Score: 1

    We need the plans for the Terminator.

  29. Re:Felon != dangerous by Anonymous Coward · · Score: 0

    Remember, the RIAA and MPAA are making downloading data a felony - that 12-yo girl would be a felon had she not settled.

    Once upon a time, felonies were dangerous crimes, now they are crimes that the rich want to hammer to keep the others down.

  30. Cloning from DNA Database by cattail.nu · · Score: 1

    Imagine what fun we could have with all this collected data which will be secured from everyone but those savvy enough to get around the security and those who are supposed to be doing data entry and those family and friends of these.

    We could build armies of people genetically gifted with violence. We could run true scientific tests on the effects of environment vs. genes. We could analyze diseases and DNA with a much larger sample. We could set up a huge distributed computer project to run simulations of society and as a bonus, you could see where your DNA was used. We could clone California governors and recreate movies! With Electronic Arts, the SIMS, and the DNA database, you could find out if you are really compatible with your future spouse.

    Endless fun. As privacy goes, cloning would be beneficial too. It wasn't me, Officer, it was my clone!!!

    What if we've had the mark of the beast all along and it was called DNA?

    1. Re:Cloning from DNA Database by The+Lynxpro · · Score: 1

      "What if we've had the mark of the beast all along and it was called DNA?"

      That's almost circular logic. According to John's "Revelation," the Mark of the Beast (666 or 999) had to be accepted by the person taking the mark. That suggestion of yours would mean that the immortal soul would have to agree to take the Mark as a condition of entering the material world. Of course, I suppose a creative religious scholar could wrap that concept around with "original sin." Then the Mark itself would lie dormant, the evil that is within all mankind, and it would be "activated" (like a web browser cookie) if that particular soul chose the *wrong* side in the "last days."

      Personally, I believe it would be in the best interest of humanity as a whole to have a DNA record of everyone, period. We have geneology records, birth and death certificates, so why not go the extra step. It certainly would solve all the various paternity issues that plague society. Perhaps we'd also find other genes that haven't been discovered in the Human Genome Project since we're talking about using 300 million people as the template if we were to collect DNA from all living Americans. Just imagine the fun society could have when abandoned cemetaries are reclaimed...

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  31. If you are in the US Military... by Anonymous Coward · · Score: 0

    Past and current members of the US Military already have their DNA in a database along with fingerprints. Why should a convicted fellon not have the same privlage?

  32. Fingerprints can't be planted by Anonymous Coward · · Score: 1, Insightful
    You pretty much have to be physically present to leave a fingerprint. A hair can be planted by anyone.

    Now that PATRIOT allows law enforcement to enter your home without telling you, it would be pretty easy for them to lift a hair and plant it wherever they want. If they have your DNA on file, they can plant the hair, "discover" it at the crimescene, run it against their database and grab you...whereas, without having you in the database, planting the hair would do them no good unless they came up with some other probable cause.

    And the idea here is to put anyone they arrest (for a felony) in the database, not just anyone convicted. Ie., a lot of innocent people. If they get this through, I'll bet you they add misdemeanor arrests later.

    Not that the FBI and whatnot ever abuses their power, right?

  33. yes, yes... by Anonymous Coward · · Score: 0

    It's always alright if OTHERS lose their rights, ain't it?

    I'm always surprised by the arrogant premisse people start with, but never seem to acknowledge. So, you deem it ok that others lose 'a bit' of their rights, because they are felons? Well, maybe in some other countries they think it's allright that some lose 'a bit' of rights because they have a different religion, or they have criticized the government.

    I mean, why would their estimate of who deserves to lose their rights be any less then yours?

  34. Arrested? This is 14th Amendment Issue... by Anonymous Coward · · Score: 0

    Anyone can be arrested, and no one should be treated any differently because of it. But, once again, our civil liberties are happy trounced!

    Since you are innocent until proven guilty, the mere status of "arrested" can not and should not change anything! But, arrest records are still used against people, and now, simply being arrested means that your genetic code can be put up for public display. So, if have one of several genetic abnormalties, you can be identified by the public at large. This is prima facia unconstitutional, as it a state attempting to usurp my privacy.