What Will We Do With Innocent People's DNA?
NevDull writes "As creepy as it may be to deal with identity theft from corporate databases, imagine being swabbed for DNA samples as a suspect in a crime, being vindicated by that sample, and never even being told why you were suspected. This article discusses a man, Roger Valadez, who's fighting both to have his DNA sample and its profile purged from government records, and to find out why he and his DNA were searched in the BTK case. DA Nola Foulston said, 'I think some people are overwrought about their concerns.' -- convenient as she wasn't the one probed without explanation. The article then mentions that 'In California, police will be able in 2008 to take DNA samples from anyone arrested for a felony, whether the person is convicted or not, under a law approved by voters in November.' What will be the disposition of the DNA of the innocent?"
In a country where the federal government has been concentrating power in the capital, I can't see where she gets such bizarre ideas.
We're heading for a country where everyone is a potential suspect, eventually. And when the congress pulls and late nighter and the president flies back to the capital to quickly sign a bill allowing the government to barge past states rights and personal descisions it's discomforting. It would probably be a small matter to bury into a large bill some little thing that allows the transportation of all DNA evidence to be conveniently sent to the Foggy Bottom and squirreled away somewhere, where it could be called upon the next time someone needs a roundup of the usual suspects and a filing error could easily send anyone off to Gitmo.
A feeling of having made the same mistake before: Deja Foobar
There is something called the 5th amendment, protection against self incrimination.
Here it is, in case people forgot:
Rosco: "If brains were gunpowder, Enos couldn't blow his nose."
Usually just being arrested means that you will be fingerprinted and your picture taken.
Isn't this pretty much the same thing?
It could be worse, it could be Monday.
what do they do about fingerprints right now? Fingerprints and DNA at least to the police seems very related.
It seems like much of the angst over a national DNA database is the potential misuse of the sequences, e.g. raising insurance rates or selecting against carriers of X. If the goal of criminal DNA databases is to match samples from crime scenes, why not use a one-way hash of each DNA fragment? That way, the actual DNA sequence wouldn't be kept. The hash could be constructed after removing common sequences, but I'm probably missing something aside from sequencing issues (which should be more automated in future). And this doesn't address larger issues on DNA matches...
And what about our right against self-incrimination, protected by the 5th Amendment? Why is only our cerebellum protected? Why can we be compelled to give involutnary testimony by divulting DNA, possibly our most private info, short of our thoughts? If they can get our DNA, can't they get a MRI scan, while they ask us questions? Will they stop when they learn to read them?
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make install -not war
"To imagine the future, imagine a boot stepping on a human face -- forever."
-George Orwell
You leave your fingerprints everywhere. You don't cry like a baby about people having access to your fingerprints. You likewise leave bits of DNA all over the place (ala Gattica).
Please show me where we are guaranteed the right to total annonymity (sp?) all the time everywhere. Better yet, retroactive guaranteed annonymity always everywhere all the stinking time!!! It doesn't exist. It's a paranoid pre-conception!
"Would it kill you to put down the toilet seat?" -- Maya Angelou
How about using it to log on and withdraw money from ATM machines. Hold your finger up to the needle at the ATM machine nto withdraw your money. Sounds like the ultimate biometric authentication system.
The violation is that the guy had his door busted down, had his house searched and DNA taken and the police never told him WHY he was a suspect.
That the DNA didn't "solve" the case was inconsequential because the DNA did helpe the police confirm who the guy was.
The question that should be asked here is not "Should the police be able to take samples of your DNA when you're arrested?" No brainer, you can already take fingerprints.
The bigger question here is: Can the police KEEP your DNA on profile *AND* can they keep the results of what they found while searching your house?
What if they found illegally downloaded music in his house? Could he be tried for that? Should those records be kept from the first search?
DNA aside (and IANAL) the current law is yes and yes.
Maybe the sample from the crime scene is degraded so you can say it was "probably" this person (like 1 in 10,000) but not certianly. Also you can match within families. You run DNA and discover it isn't person X's DNA, but a female relitive, etc.
So a hash would only be useful for dead on matches. Now maybe we decide that's all that the police should have, but you can see why they'd argue for more the orignals, as they are more useful.
"If you're innocent, you have nothing to worry about." That line has become thouroughly entrenched in our society. Any and everything can be justified to the average american with that phrase.
The police have pleanty of tools to solve crimes. They don't need any more. It comes down to one thing. Either we are a free and open society, or we become a police state. If we make the police so powerful, that the People can no longer fight back if the cause ever comes that they need to, what will we be? Will we be no more able to fight for our own freedom than Iraqi people could fight for theirs under a dictator? The reason we limit the power police have is the same reason we limit the power politicians have. It is to protect against the over ambitious, the Joseph McCarthy's of the world. The easier it is for a group to take control of a society, the more likely they will do so. All the police camera's in larger cities, put in place to fight "the war on terror" do nothing but track citizens, not terrorists. DNA is one more way of keeping tabs on people.
I have one question. How would history be different if DNA technology was avilable in the 1950's, and if all black people were forced to submit DNA. Then government decided to do more than just bug telephones and listen in. The possibilities for abuse are too great.
Rosco: "If brains were gunpowder, Enos couldn't blow his nose."
We are moving towards a police state, and society has overwhelmingly chosen "safety" over privacy, liberty, and freedom. It is only a matter of time before the govt requires all residents and citizens to be in such databases.
They Are Us.
There's no big evil conspiracy. The people at the DMV who take your finger prints aren't snickering to themselves saying "Heh, heh, I have that bastard's prints! We own him now! We can frame him for the murder of OJ's wife!" They're thinking "Christ, is it Five yet?". They go to Home Depot on the weekend, they step in dog crap on occasion, they get paper cuts and hug their kids goodnight.
Paranoia mistakenly assumes a great deal of competence, cunning, and motive in the average worker.
"Would it kill you to put down the toilet seat?" -- Maya Angelou
If someone gets tested for fingerprints or DNA the same basic procedures apply. Some countries allow the data to be gathered for a single investigation only. Others allow the collected info to be cross matched against the "open cases" database.
Personally, I think this something that is far less likely to be abused. I'd rather a few more crims get pulled out of society.
Engineering is the art of compromise.
I don't want to be eliminated as a suspect. I want to be presumed innocent until a court convicts me.
Have you ever thought about the abuses in the system? Can you GAURENTEE there will never be abuses? What if our politicians pass laws making certain websites illegal, and people try and access them in an internet cafe. All the police would have to do is go through the internet cafe with a small vacum cleaner. What if abortion is overturned in the courts. Do we want the police swabbing the DNA off coat hangers? And what if I happen to have a combination of genes that is highly concentrated in prisions populations, and some politician decided that gene is a gene all criminals have. How far could they legislate. What could they do?
The point is I don't trust the police or government. It is the healthiest attitude to have. Force the police and governemt to work within the rules that exsists. Police catch people all the time, DNA won't make us any more safe. But the potential for abuse is too great.
And for those who want a DNA database, what about all the "criminals" in prision, on death row who are adamant about their innocence and are begging for DNA testing, and the prosecutors who refuse their requests saying they had their day in court.
Rosco: "If brains were gunpowder, Enos couldn't blow his nose."
Not that the following denies your statement or has any worth at all, but:
If you clone a guilty person, at birth the clone will be innocent.
If you mod this up, your slashdot background will turn into a beautiful sunset!
When this thing came around for a vote last year, I talked to a lot of people about it. To me, it was absurd that the government would be able to take your DNA, profile it, maintain it in a "sexual offenders" database, and never have to remove it - even if you are proven innocent.
It's scary. All they have to do is arrest you for a crime - without any real evidence - and then you are labeled a sex offender for life.
To my surprise, nobody I know - other than my wife - was with me on this one. Most people here equate it to fingerprinting. If you get fingerprinted, then they keep it forever. This is vastly different though. They are not only keeping identifying information, they are labelling it "sex offender", making it a matter of public record, and maintaining that record regardless of conviction.
This has potential for abuse written all over it.
You can bet your ass that almost no police/medical records system has even been designed to allow guaranteed deletion, for any record there are probably at least a dozen copies in backup tapes, duplicate lab samples and slides, photocopies and files lost behind furniture, at the very least they could design the system so that after a record wasn't needed you could be assured that there would only be one copy in existence and it would be in a safe place.
but yeah you have absolutely got to think of the children!
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Just as our elected "public servants" have come to look at us as their subjects, so has our police community come to view anyone not in their group as a "perp". I can't say this is the fault of those who join the LE career community but would rather aver that is comes from our country adopting a "culture of fear" beginning at the end of WWII and continuing to this day.
... technically there is no 'Innocent' status under, at least, U.S. law. There is only 'Not Guilty', which is quite different.
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WARNING:Slashdot karma not redeemable in the afterlife.
I think you mean "not yet proven guilty"
We WANT our law enforcement officials to be as efficient and work as well as possible (within the law) in enforcing the laws - REGARDLESS of whether we approve of those laws!
Speak for yourself. I for one would rather police not enforce stupid laws that people disapprove of. Just as civilians can exersise civil disobediance, so should law enforcement be able to.
'I was only following orders' does not excuse police (or army for that matter).
To a certain part of the criminal justice system, there are no innocent people... merely people for whom it has not yet been established what they are guilty of.
I wish I was joking.
I'm just wondering, how many of the people that find the government's keeping DNA is "ominous" also feel that gun control is a good thing?
I also wonder how many people who have a gun feel that the government keeping DNA is ominous?
Ed Barbar, President and General Manager, Furnit USA
The same arguments for and against storing fingerprints were put forth when the state and federal governments began to store them. Now it is accepted as part of life. The technology certainly exists to fake someone's fingerprints from a file copy and present it as evidence, yet this does not happen, at least not that we know of...
The question boils down to "Is the storing of DNA a further reduction of my personal freedom?" I feel the answer is yes, but not in a substantial way.
When you consider the info that is tracked on you, then you realize that there is nothing that is not available now. Tax forms, credit applications, credit/debit card purchases, payroll/hr info, auto tags, drivers license, concealed weapons permits, passport, insurance questionaires, etc., you soon realize that if the government wants to know all about you they will.
There is no privacy. You eat government approved food, drink approved water, drive approved cars, live in approved houses, brush your teeth with approved toothpaste, work in approved environments, wear approved clothes (fire retardence, etc.), see rated movies, go to licensed professionals, and on and on and on...
If they chose to they could tell you what you eat, where you go, who you are with, how often you have sex, what your preferences are in paint colors, clothing, autos, and just about everything else.
This is called "Your Tax Dollars At Work".
Adding your DNA to the list of things that they know about you will just give them a common identifier for all these other things...rather than using your name on the file, it will have your DNA imprint.
When you really see how you are controlled, very like a rat in a cage, you will see that this is just the next step.
Someone once said that the illusion of freedom is more important than freedom itself. So you are told you can vote, and move from one state to another, and all of these things...but is that freedom, or the illusion of freedom in a controlled society...sorry if I am a little off topic...one of my pet peeves!