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Human Rights Court Calls UK DNA Database a 'Breach of Rights'

psmears writes "Describing a judgment that is likely to rein in the scope of the UK DNA database, where at present the DNA of those arrested by the police is kept permanently (even if the people concerned are never convicted, or even charged), the BBC reports that the European Court of Human Rights has ruled that keeping such people's DNA in the database 'could not be regarded as necessary in a democratic society.'" Reader megla adds a link to the full text of the judgement.

206 comments

  1. Figures... by tripdizzle · · Score: 5, Insightful

    where at present the DNA of those arrested by the police is kept permanently (even if the people concerned are never convicted, or even charged)

    I'm pretty sure they already do this in the US with fingerprints. No conviction? Well, if we find your fingerprints at any crime scene in the future, you're gonna get it.

    --
    "A claim for equality of material position can be met only by a government with totalitarian powers." Hayek
    1. Re:Figures... by BearGrylls · · Score: 5, Insightful

      Unlike fingerprints your DNA can also be used to partially identify relatives as well. Law enforcement could use this to make partial dna matches to a person that would otherwise not be in the system if a relative already was.

    2. Re:Figures... by ArsonSmith · · Score: 2, Interesting

      Its an important part of "maintaining democracy" rather than so much of a part of it. The forces of power and greed will always migrate towards a fascist dictator or ruling class. The US is on it's way to being a democratically elected Social-Fascist society. Operating in the shadows is the only way to avoid this.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    3. Re:Figures... by Penguinisto · · Score: 4, Insightful

      So you'll happily post your bank account number and PIN code, then? How about your Social Security number and real name (and if not a US Citizen, similar ID)?

      Privacy may or may not be "contrary to democracy", but it is essential to any civilized society. I seriously do not want or need to know how often you do anything sexual and in what ways. I also have zero interest or need to know your bank account access details, what kind of food you eat or may be allergic to, or any other detail that is usually private for that matter.

      That's the thing - there's a huge difference between information that is in the Public Interest (e.g. criminal records, court proceedings, Deeds and property abstracts, etc), and stuff that only you know about and would prefer to not spread around.

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    4. Re:Figures... by langelgjm · · Score: 4, Insightful

      Democracy relies on people having access to as much information as possible so they can make wise decisions. Privacy is contrary to democracy.

      A bold but vague statement.

      Access to information is good, but it should be relevant information. A lot of private information is irrelevant to participation in a democracy.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    5. Re:Figures... by truthsearch · · Score: 5, Insightful

      Democracy relies on people having access to as much information as possible so they can make wise decisions.

      I think you're confusing democracy with capitalism. Capitalism requires the public to have as much information as possible about products and organizations. Democracy requires the government to have only as much information about its citizens as are necessary. As others are pointing out, privacy is necessary to avoid tyranny.

    6. Re:Figures... by joewhyit · · Score: 3, Insightful

      Sorry, thought you got the memo. Apathy and complacency on the part of the masses has allowed for the replacement of true democracy with a hollow, farcical version of the same.

      Note to self: trademark the term "Democracy Theatre".

    7. Re:Figures... by DragonWriter · · Score: 4, Insightful

      When did the ability to obfuscate the truth about things and operate from the shadows become an important part of democracy?

      At, or at least not later than, the time the secret ballot became an important part of democracy.

    8. Re:Figures... by Anonymous Coward · · Score: 3, Insightful

      You and I may not want to know these things ... but someone with an axe to grind might find that information very "useful"...

    9. Re:Figures... by Smauler · · Score: 4, Insightful

      I'm not sure where you live, but Secret Ballots are part of just about every western democracy. That's right, privacy is pretty much integral to all modern democracies.

    10. Re:Figures... by Anonymous Coward · · Score: 0

      s/could/do

    11. Re:Figures... by ak3ldama · · Score: 1

      When did the ability to obfuscate the truth about things and operate from the shadows become an important part of democracy?
      Democracy relies on people having access to as much information as possible so they can make wise decisions. Privacy is contrary to democracy.

      Why is parent marked as Flamebait? I think people may be misinterpreting what he says. I think by people having access to information he means the people of the nation, not the public servants. As in the government being transparent to the people - not the retard overloards knowing everything they can about their subjects.

      I just want to say real quickly, thank whomever! This decision is hopefully one of many that can try to correct the bad decisions we the people have been enduring under our respective governments. The costs we bear for these programs is not justifiable.

      --
      "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
    12. Re:Figures... by CodeBuster · · Score: 1

      In fact this has been tried by law enforcement here in the United States at least once and just recently. They were attempting to identify a suspect in a recent string of serial murders by analyzing partial dna matches to possible relatives. They were unsuccessful this time for technical reasons, but that does not dismiss the possibility that they can and will use this technique again in the future so the ethical questions remain. The article (Los Angeles Times) is here for those interested in the details.

    13. Re:Figures... by Clay+Pigeon+-TPF-VS- · · Score: 4, Interesting

      I've been told that in Michigan if you are not convicted you can file to have your fingerprints pulled from the database. I don't know how it works elsewhere.

      --
      Viral software licensing is not freedom, it is in fact GNU/Socialism.
    14. Re:Figures... by stephanruby · · Score: 1

      I'm pretty sure they already do this in the US with fingerprints. No conviction? Well, if we find your fingerprints at any crime scene in the future, you're gonna get it.

      In California at least, they get your thumbprint at the DMV (the DMV is also used to provide California Identification Cards to non-drivers). And this reasoning kind of makes sense, by the time you're finished waiting in line at the DMV, you already feel like a criminal, so they might as well get your thumbprint while they're at it.

      This self-booking requirement just seems like a good preemptive move to me. After all, I may trust myself, but I don't trust any of you guys.

    15. Re:Figures... by davester666 · · Score: 1

      Um, Democracy lives on Privacy. It depends on it to have the possibility of functioning correctly. Namely, the privacy of the voting booth.

      If there is no privacy there, then there is no real point to having elections, as it becomes possible to encourage people to vote a particular way (either through money or physical force) and make sure they did so.

      But that's an individual's privacy.

      There are many types of privacy. For example, knowing who gave Obama's campaign fund money would be relevant to deciding whether you should vote for him. But do you need to see him naked, or what kind of sex acts he prefers to vote for him?

      If anything, it appears that, roughly speaking, the amount of privacy an individual has (or should have) is inversely proportional to the amount of power they wield over others. The salary and benefits of the CEO/VP's of a large corporation are known, but the salary and benefits of the receptionist isn't.

      --
      Sleep your way to a whiter smile...date a dentist!
    16. Re:Figures... by Golddess · · Score: 1

      Not that they need to what with all the parents getting their children fingerprinted in case of kidnapping.

      I don't know what the current state of affairs is with that, but I seem to recall it being something of a big thing in my youth (I know I was fingerprinted for just this reason).

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    17. Re:Figures... by sjames · · Score: 1

      Democracy relies on people having access to as much information as possible so they can make wise decisions. Privacy is contrary to democracy.

      Democracy requires the people to have as much information as possible about the workings of their government. It also requires that the government be significantly less powerful than the people (in aggregate) so that if necessary, the people can oust a government that will not obey their will.

      Government secrets from the people are contrary to democracy. The people having secrets from their government is a natural right.

    18. Re:Figures... by AK+Marc · · Score: 1

      Democracy requires the government to have only as much information about its citizens as are necessary.

      Democracy has no relation between the government's information about its people and "need" (or perceived need). You can have a democratic country with open ballots and everyone is tracked 100% of the time, or you could have one with secret ballots and a government that destroys all information about anyone as soon as it's used for the immediate purpose. The manner in which leaders are selected has no bearing on what those leaders do once selected.

      As others are pointing out, privacy is necessary to avoid tyranny.

      An argument that democracy with a knowledgable government leads to tyranny is a comment to the stability of democracies, but not a comment on whether a democracy can or can't have an informed government. That there are assertions that an informed government leads to tyrany doesn't affect the fact that it would still be a democracy (even if a crumbling one). Or is there some "sustained" modifier implied in all this?

    19. Re:Figures... by AK+Marc · · Score: 1

      You realize that secret ballots aren't part of a democracy. They weren't done in the US for about the first 100 years. No one bought votes or committed fraud any more than now. The reason for the secret ballots was race. Around the time of the Civil War, there were more voting issues, poll taxes, and voting barriers. One of the barriers was large white men with sticks that would beat you to death if you voted for someone they didn't like. Voting in secret helped get past that.

      The only reason to keep secret ballots is if you think that people would physically harm you if they could find out who you voted for. Personally, I think the US is past that pettyness, but then most people that are for secrecy are the people I would be most afraid of.

    20. Re:Figures... by AK+Marc · · Score: 1

      When did secret ballots become the most common form in the US? Right from the begining, or was it after some time, and if delayed, what made it happen then? If secret ballots are necessary for a democracy, why do all the elected officials have their votes recorded and published? Why do we choose secrecy over accuracy?

    21. Re:Figures... by DragonWriter · · Score: 3, Insightful

      You realize that secret ballots aren't part of a democracy.

      They are certainly part of a democracy. In fact, they are part of very many democracies.

      They are not essential to democracy in theory, though they have proven to of benefit to free and fair elections (without which there is no real democracy) in practice.

      They weren't done in the US for about the first 100 years.

      True.

      No one bought votes or committed fraud any more than now.

      I would not agree with that assessment, though the open ballot isn't the sole problem which contributed.

      Around the time of the Civil War, there were more voting issues, poll taxes, and voting barriers. One of the barriers was large white men with sticks that would beat you to death if you voted for someone they didn't like. Voting in secret helped get past that.

      I would argue that that demonstrates vividly one of the ways the secret ballot has proven essential to free and fair elections, without which any claim to democracy is a sham.

      The only reason to keep secret ballots is if you think that people would physically harm you if they could find out who you voted for.

      Physical harm is not the only form of retaliation and source of intimidation to be concerned about, but it certainly is the most important one.

      Personally, I think the US is past that pettyness

      Sure, no one is ever assaulted for their expressed political views in the US.

      but then most people that are for secrecy are the people I would be most afraid of.

      "Most people that are for secrecy"? That's, in the US at least, not far from a majority of the population, as the secret ballot isn't even a slightly controversial issue in the US.

    22. Re:Figures... by AK+Marc · · Score: 1

      They are certainly part of a democracy. In fact, they are part of very many democracies.

      By "a part of" I mean a necessary part. Corruption is a part of very many democracies, yet that doesn't mean it is a part of democracy.

      "Most people that are for secrecy"? That's, in the US at least, not far from a majority of the population, as the secret ballot isn't even a slightly controversial issue in the US.

      Most people are for whatever is in place and works. Most people are inherently conservative (even hippies). Change causes stress. Stress is bad. It was hard going from open ballots to secret ones. It would be hard going back. I think the secret ballot is controversial. People assume it isn't and so there isn't a conversation about it.

      I honestly don't see why it's an issue. Why would it cause me trouble to have my neighbor or boss know how I voted? I hear all sorts of blown up stories that simply don't happen about why, but they are all made up because they simply don't happen. I could eliminate voter secrecy for any one voter I want to. Make them give me a picture of their ballot before they turn it in. I could do this as many times as I'd like. I even have thought up ways to keep them from taking a picture of one, marking it bad, then getting another to vote their real vote with. It's simple. It's easy. And no one ever ever does it. If they don't track votes now when it's simple and easy, why would they do it when it's simple and easy and legal? In fact, I could come up with ways to make the vote open vote (including things like vertification that are impossible with secret ballots) and have it more secure than it is now. The problem is that the nutjobs like you that think a small loss in secrecy at all and you'll be beat up by the unions or your mother-in-law for voting the wrong way. I'd rather my vote count. And with the secret ballots, I can never know if or how it is counted. Many many levels of fraud would be wiped away if not only a recount could be done, but a post-election audit. Sneak in a dead person? Oops, their vote is removed a week after the election. Impossible now. Impossible if you require 100% secrecy. Lose a ballot box? Call up every voter that placed a vote in that box and invite them back to vote again. That can't be done now. Could never be done with 100% secrecy. Yet lost ballots happen all the time. And democracy fails because of it.

      Democracy can *only* happen with open ballots. (and by democracy, I mean where someone can place a vote and know it counts as they intend)

    23. Re:Figures... by Valdrax · · Score: 1

      When did the ability to obfuscate the truth about things and operate from the shadows become an important part of democracy?

      Democracy relies on people having access to as much information as possible so they can make wise decisions. Privacy is contrary to democracy.

      I think you are confusing the need for an informed electorate with the need for an informed government.

      Democracy requires that we be as informed as possible about the people in government and the people "trying out for" the job. The enforcement of the government power is aided by a government that knows everything about its citizens.

      However, these goals are not necessarily compatible. For one thing, the need for a government to exert its will is universal to ALL forms of government -- from democracy to autocracy. In fact, one can say that the greatest difference between democracy and autocracy are the levels of limits on what the government can do to the people and how accountable it is to the people.

      Democracy has little to with you knowing everything about your neighbors or your government knowing everything about you -- unless you are running for office.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    24. Re:Figures... by Hal_Porter · · Score: 1

      That post is a pretty concise summing up of the slashdot conventional wisdom on privacy. I have to say that from my experience I strongly disagree with that view. I've lived all over the place, and posted on sites all over the net. Anonymity and privacy bring out the worst in people. The classic online examples would be the internet group anonymous attacking people in packs, or AC trolls here.

      Hell the slashdot view of privacy is pretty odd given that most people I've met agree with this cartoon

      http://www.penny-arcade.com/comic/2004/03/19/

      Of course the end of anonymity means no more free warez. But isn't piracy another antisocial thing that people do because anonymity lets them get away with it?

      The excuse for the current anti privacy laws is terrorism. Though in an odd sort of way, present day terrorists are less like the terrorists of old who had clear political goals, and more like a sort of extreme IRL version of internet trolls who want to create as much chaos as possible.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    25. Re:Figures... by rholtzjr · · Score: 1

      This is the reason why I am leaving the United State!... I can no long rely upon "The People" to protect me. This country has become corrupt!!!! I can no longer provide a contribution to this type of society, and must pursue another means of existence in another country. GOOD BYE USA. CYA...

    26. Re:Figures... by Snaller · · Score: 1

      Yeah, but then the US isn't known for its human rights (just ask the gays in California)

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    27. Re:Figures... by Snaller · · Score: 1

      "Democracy relies on people having access to as much information as possible so they can make wise decisions."

      No, that is a police state you talk about.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    28. Re:Figures... by dryeo · · Score: 1

      In Canada they're supposed to destroy your finger prints after 6 months if you are not convicted of a crime.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    29. Re:Figures... by khallow · · Score: 1

      Glancing at Wikipedia (so it is written so it must be), Netherlands were the first modern republic to adopt secret ballots in 1849 followed shortly by parts of Australia in 1856. US started adopting in 1888 with Massachussets and finished four years later. Before that, I gather ballots were public and often you had to provide for your own ballot.

    30. Re:Figures... by Anonymous Coward · · Score: 0

      There was a case like this a couple of years ago. A woman had her dna taken after being arrested to drink driving.

      Through the results her brother was connected to an old rape case. He committed suicide before he was convicted, but I believe he confessed in his suicide note.

    31. Re:Figures... by blackchiney · · Score: 1

      No, it's not how it happened. I remember those fingerprinting kits when I was a kid and I had mine done Blockbuster. Your fingerprints weren't put into a massive criminal database. It was a cardboard kit your parents brought you in for. The local police officer or someone qualified to do fingerprints put them on a card with a recent photo of you, basic information (age, hair color, eye color, height) and gave it back to your parents. In case something happened where you went missing they wouldn't need to try to assemble the pieces of information after the fact, everything would be ready to go. I'm sure if you ask your mom nicely she probably has it in the family safe or something like that.

    32. Re:Figures... by Anonymous Coward · · Score: 0

      I'm pretty sure they already do this in the US with fingerprints. No conviction? Well, if we find your fingerprints at any crime scene in the future, you're gonna get it.

      Even if you just happen to be travelling to the US (or passing through, iirc) they get to take your fingerprints and "digitally photograph" you - no need to even be arrested (at least, according to the FCO). Call me a stubborn fool, but I'd rather live in the UK and hope I don't get arrested than travel to the US.

    33. Re:Figures... by Jedi+Alec · · Score: 1

      What the fuck, we've been a republic for more than 150 years and nobody bothered to tell us???

      In any case, looking at wikipedia now it says the french were first, and even put in the constitution that all elections were to be held by secret ballot.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    34. Re:Figures... by mpe · · Score: 1

      Unlike fingerprints your DNA can also be used to partially identify relatives as well. Law enforcement could use this to make partial dna matches to a person that would otherwise not be in the system if a relative already was.

      It would also have interesting effects considering that there are a sizable proportion of people who don't have the parentage they think they do. Most often it's the wrong father, but where hospital births are common getting the wrong mother is quite possible.

    35. Re:Figures... by mpe · · Score: 1

      Even if you just happen to be travelling to the US (or passing through, iirc) they get to take your fingerprints and "digitally photograph" you - no need to even be arrested (at least, according to the FCO). Call me a stubborn fool, but I'd rather live in the UK and hope I don't get arrested than travel to the US.

      Note that "passing through" includes being on a flight making a "technical stop" such as Air New Zealand's Auckland to London via Los Angeles route. However much trouble this is for passengers imagine what the crews have to put up with.

    36. Re:Figures... by ShieldW0lf · · Score: 1

      Though in an odd sort of way, present day terrorists are less like the terrorists of old who had clear political goals, and more like a sort of extreme IRL version of internet trolls who want to create as much chaos as possible.

      Seems to me that what we call modern day terrorists are engaging in asymmetric warfare, and not terrorism at all. Attacking infrastructure that would be a valid military target to reduce the capacities of those who are engaging in aggression against you isn't terrorism. Blowing up shopping centers and school buses within your own country as a way to sway the vote among your own population is terrorism. The IRA were terrorists, attacking their neighbours for the crime of associating with Protestants. The people who are referred to as terrorists on the news these days are really nothing of the sort.

      --
      -1 Uncomfortable Truth
    37. Re:Figures... by Thiez · · Score: 1

      > I think the secret ballot is controversial. People assume it isn't and so there isn't a conversation about it.

      If most people don't think something isn't controversial, then it isn't, by definition.

    38. Re:Figures... by khallow · · Score: 1

      Wikipedia did for me too. But I don't think that government lasted more than one vote cycle.

    39. Re:Figures... by AK+Marc · · Score: 1

      If most people don't think something isn't controversial, then it isn't, by definition.

      But it is when you give them the real choices of secret ballot with lost votes greater than the margin of victory or loss of a small amount of secrecy to eliminate lost votes. It is controversial in that many people are bringing it up tangentally dealing with electronic voting. It is talked about and very controversial, but not the center of the conversations, so people don't think about it. When you make people think about it, it is, but they don't think about it.

      But I like how you'd prefer to have elections select the loser over the winner, rather than have someone be able to track your vote. I guess voting and having someone selected (even if they lost from votes cast) is more democratic than counting all votes properly with verification if there is some way to figure out how people voted. But you disregarded all that and focused only on the definition of controversial.

    40. Re:Figures... by Danse · · Score: 1

      I've been told that in Michigan if you are not convicted you can file to have your fingerprints pulled from the database. I don't know how it works elsewhere.

      Do they require your fingerprint to authenticate your filing?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    41. Re:Figures... by DragonWriter · · Score: 1

      But it is when you give them the real choices of secret ballot with lost votes greater than the margin of victory or loss of a small amount of secrecy to eliminate lost votes.

      Well, no, you assume, without support:
      1) That that is the real choice (and that there are no other downsides to losing ballot secrecy), and
      2) That if people saw that as the real choice, the secret ballot would be controversial.

      But, even if those unsupported assumptions are correct, you would still be wrong when you say that the secret ballot is controversial.

    42. Re:Figures... by DragonWriter · · Score: 1

      If secret ballots are necessary for a democracy, why do all the elected officials have their votes recorded and published?

      Because votes by elected officials are not the votes by the citizens in a democracy, they are acts by which officials represent citizens in the representative form of democracy. Their openness is part of the accountability of the government to the citizens.

      Why do we choose secrecy over accuracy?

      We don't.

      We choose ballot secrecy over ballot openness. The idea that open ballots would lead to more accuracy in practice is a controversial claim that is, in your post, assumed without any support given.

    43. Re:Figures... by AK+Marc · · Score: 1

      We don't.

      Yes, we do. in Florida in 2000, the number of contested votes was much much greater than the margin of victory. Yet, you are claiming that a victory that is in doubt (and after an unofficial recount of all votes was the opposite of the official result) is better than giving up any secrecy at all in order to be able to verify votes, recast damaged/lost votes, identify fraudulent votes, or such. You are flat out stating that you'd rather the election be decided the opposite of the majority than to lose any secrecy. And for that, our democracy is doomed. It lets a few get in there and manipulate the results. If we had openness, we'd have more eyes on the system. We'd have the ability to correct errors.

      If you claim that secret ballots are so good, tell me, how do you replace a damaged ballot that is unreadable? How do you correct a lost vote? What do you do if you have 101 votes in a box where only 100 voters are registered?

      And, how do you explain that a large number of voters are voting absentee, when most absentee voting methods allow for identification of the voter and their vote? Absentee is increasing, and was almost 1/3 of the votes here last election. And they don't seem to care that they are losing openness. And yet that is all irrelevant to you. You are so hung about about the fact that I declared there to be some controversy. I guess you are right, there isn't any, but we are still moving to systems that are more open than before, and losing nothing for it, the opposite of your claims.

      The idea that open ballots would lead to more accuracy in practice is a controversial claim that is, in your post, assumed without any support given.

      Wait, so it is controversial? I thought it wasn't. And if it's so controversial, why aren't we hearing complaints about he absentees? Where are the union bosses that are ordering their workers to vote absentee in front of them? Where is the assumed corruption? Oh, it isn't there and your ideas are 100% without merit? That's what I thought.

  2. Privacy by Justin+Hopewell · · Score: 3, Insightful

    As bad as privacy rights get trampled here in the states, I'm so very glad I don't live in the UK.

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

      Yes, but you'll hate the British people as if they have any real control over the State that produces laws like this.

      Read the US Declaration of Independence again in light of this. You might be surprised.

    2. Re:Privacy by M-RES · · Score: 4, Informative

      Me too... DOH, I DO!!! :(

      And following the usual patterns of copying bad things from the states, police are to be issued with tasers over here too.

      Actually, they already have them, but only firearms officers (who receive the requisite training for handling all firearms that normal officers don't) can currently use them, but that's set to change soon.

      So expect to see deaths in police custody on the increase.

      In the usual fascist Home Secretary model, the current one Jacqui Smith is particularly vile. She's constantly 'disappointed' when her evil schemes to subjugate us are thwarted. First it was their defeated ID cards scheme, now this judgement.

      To get around this (the ID card/DNA debacle), she's currently trying to push new legislation through (hidden in another bill) to open up private information allowing every government department access to your records from another department. So the DVLA (Drivers and Vehicle Licensing Authority) will be able to gain access to your financial history, medical records, education history... anything. As will the police, benefits departments, you name it. Currently to do this it needs to be passed by parliamentary oversight, but the new legislation will allow this with the OK of a single minister on a whim. This government have a horrible track record for their inability to keep data safe, so this is a nightmare waiting to happen even forgetting the massive breach of rights.

      To top it all off, there's a clause in the bill which will allow it to be OK'd to pass this information to other non-governmental bodies (but fails to stipulate who) - scary huh!?

      The surveillance state was just a beginning, welcome to our new Stasi nation (now with added corporate sponsorship)

    3. Re:Privacy by Candid88 · · Score: 1

      With its ridiculously high crime and murder rates, I'm so very glad I don't live in the USA either.

  3. The terrorists have won! by girlintraining · · Score: 5, Insightful

    Well, now whenever someone gets off, they'll bemoan those "damn bleeding heart liberals who let another one get away over their preeeeciiious rights". What nobody on either side of the debate wants to admit is -- you can't have a perfect justice system. No matter how much technology, funding, profiling, science, and everything else you throw at it, it will be flawed. Innocent people will be found guilty, guilty people will get away, and there will always be doubt and speculation.

    As a society we have to decide what's more important: Catching as many criminals as possible, or providing a system that is as fair as possible. The two are mutually exclusive -- you either bias towards letting the guilty get away so the innocent are not needlessly punished, or you sacrifice some innocents to "protect the greater good".

    The Court here has basically told the UK -- The rights of the many outweigh the sins of the few.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:The terrorists have won! by Penguinisto · · Score: 2, Interesting

      Err, you do realize that DNA matching can still be done if someone is still in the process of being tried for a crime, right? You can also keep the lab results of such matching forever... just not the DNA itself.

      The ruling only says that you can't keep it forever, not that you can't use whatever DNA you find/get during the process.

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:The terrorists have won! by GMonkeyLouie · · Score: 2, Insightful

      Indeed true. Also, terrorists don't win unless you allow them to influence your policymaking process. So stop telling us to give up rights.

      (I got my views on terrorism from Laura Roslin)

    3. Re:The terrorists have won! by girlintraining · · Score: 1

      Well, if this ruling didn't stand, the following could take place: A person is arrested for sexual assault. As part of the standard procedure, the police take a DNA sample. It doesn't match the victim, and that person is released. Later, another victim comes forward and they run a test on the DNA taken from the assault. This time it does match, and although the victim didn't know the attacker, the attacker is thus arrested. With this ruling, what they're saying now is that this hypothetical person would walk, because the DNA sample would not be in the database.

      --
      #fuckbeta #iamslashdot #dicemustdie
    4. Re:The terrorists have won! by Penguinisto · · Score: 1

      I'm not telling you to give up anything.

      You sure you didn't accidentally reply to the wrong post?

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    5. Re:The terrorists have won! by jimicus · · Score: 1

      Well, if this ruling didn't stand, the following could take place: A person is arrested for sexual assault. As part of the standard procedure, the police take a DNA sample. It doesn't match the victim, and that person is released. Later, another victim comes forward and they run a test on the DNA taken from the assault. This time it does match, and although the victim didn't know the attacker, the attacker is thus arrested. With this ruling, what they're saying now is that this hypothetical person would walk, because the DNA sample would not be in the database.

      Which is true.

      Except I don't know (and I'd love to find out) - how many cases have there been where DNA evidence from people who've never been convicted or even charged have been used to successfully solve a crime?

      Note I'm explicitly excluding DNA which was kept from people who were later convicted.

    6. Re:The terrorists have won! by Maxo-Texas · · Score: 3, Informative

      A major problem starting to crop up is that some areas can't afford to keep the people incarcerated as tax income drops and municipalities go bankrupt.

      Having 2% of your population incarcerated starts to be a financial drain. Especially as federal laws are enforced regarding their living conditions and medical care.

      Our dumb (tm) drug laws are largely responsible or this. However, large privately run prison corporations are starting to be self perpetuating (even backing new laws that require prison time with lobby money - and yup-- large contributors to keep drugs illegal). (e.g.) http://slingshot.tao.ca/displaybi.php?0059032

      Oh.. and I'd bet dollars to donuts that the DNA database will not be flushed. They'll find some way to keep it- including just ignoring the ruling.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    7. Re:The terrorists have won! by Yokaze · · Score: 4, Insightful

      > With this ruling, what they're saying now is that this hypothetical person would walk, because the DNA sample would not be in the database.

      Yes, the same way his DNA wouldn't be in the database, when he hadn't have been arrested for a crime he didn't commited in the first place.
      Or the same way, this hypothetical person walks free, because not all persons are DNA sampled from birth, or have to wear a GPS tagged collar the whole day around.

      The point is, a person being arrested, but not convicted, is not guilty. The same way everyone else is.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    8. Re:The terrorists have won! by janrinok · · Score: 1

      You are wrong

      In a few cases, serious sexual assault being one of them, the police CAN keep your DNA for a period of time (not unlimited) even if you are not convicted. This is because just because it cannot be proven in court does not mean that you haven't committed the crime. You just cannot be punished for it. However, it is thought that serious sexual offenders tend to repeat their offences and there is an obvious benefit for the police in preventing or solving subsequent crimes by keeping your DNA.

      I'm not arguing one way or another about whether this is desirable, simply stating that your statement is wrong for precisely the reasons you argue that DNA should be kept. It already is.

      --
      Have a look at soylentnews.org for a different view
    9. Re:The terrorists have won! by ConfusedVorlon · · Score: 1

      There have been cases.
      More specifically, there have been cases where person x is arrested. Their dna matches closely a crime. They are able to demonstrate a good alibi, so the police then find and convict a relative who had never been arrested or had DNA taken.

      There is no arguing that this ruling will result in more people getting away with crimes.
      This is a bad thing.

      Similarly, if everyone in the country had to submit a DNA profile - then there would be more valid convictions.
      That would be a good thing.

      The question is 'Would it be worth it'?

      I don't think it would be - I am naturally suspicious of the state and believe that if you give it too much power then that is likely to be abused.

    10. Re:The terrorists have won! by jimicus · · Score: 1

      More specifically, there have been cases where person x is arrested. Their dna matches closely a crime. They are able to demonstrate a good alibi, so the police then find and convict a relative who had never been arrested or had DNA taken.

      Problem is, in cases like the one you describe, if they can't demonstrate a good alibi there's precious little incentive for the police to investigate further even if they have got the wrong man and they really want his brother. DNA evidence is largely perceived as being foolproof.

    11. Re:The terrorists have won! by mpe · · Score: 1

      As a society we have to decide what's more important: Catching as many criminals as possible, or providing a system that is as fair as possible. The two are mutually exclusive -- you either bias towards letting the guilty get away so the innocent are not needlessly punished, or you sacrifice some innocents to "protect the greater good".

      Or you may do one with certain types of crime and the other with different types of crime. The other issues are that what is and isn't a "crime" is political and the priorities of law enforcement are also highly political. Left to their own devices "cops" will tend towards what is easy for them, rather than what the public are most concerned about...

    12. Re:The terrorists have won! by mpe · · Score: 1

      Problem is, in cases like the one you describe, if they can't demonstrate a good alibi there's precious little incentive for the police to investigate further even if they have got the wrong man and they really want his brother. DNA evidence is largely perceived as being foolproof.

      Or the result could be an innocent person dragged through the courts possibly even convicted. Just because they had a criminal relative who made sure to have a good alibi.

    13. Re:The terrorists have won! by permaculture · · Score: 1

      > Our dumb (tm) drug laws are largely responsible [f]or this.

      You think?

      http://www.november.org/graphs/FedbyOffense.gif

      --
      Environmentalism is the new Victorianism. Everyone ties on a green corset and pretends we're virtuous.
    14. Re:The terrorists have won! by jimicus · · Score: 1

      Or the result could be an innocent person dragged through the courts possibly even convicted. Just because they had a criminal relative who made sure to have a good alibi.

      Very true.

      Even if you assume that the innocent person is ultimately found not guilty, there appears to be an assumption on the part of the justice system that no form of punishment takes place until conviction.

      But our justice system doesn't gel with how society works. If I'm arrested and held until such time as I can be tried (which may be some months), what am I to tell my employer? Are they expected to hold my job open for me? If not, what am I to tell potential future employers? "The reason I left my last job and I've been unemployed for 9 months is because I was arrested, held in custody, tried and eventually found not guilty for a crime I never committed."

      If I am bailed but the conditions of bail effectively prevent me from doing my job, what then? How about my mortgage or my rent? Am I to ask my landlord not to evict me or my mortgage company not to foreclose (even though I'm unable to earn money)? What about my possessions? If I am to be evicted or my house repossessed, what of them? Am I to have to buy everything all over again? How exactly do you replace 20 year old photographs which were disposed of by the landlord because he was successful in evicting me?

      I haven't even started to consider personal relationships - that's an even bigger can of worms.

      "We find the defendant innocent". Great. Thanks. Now can I have my job, loss of earnings, house, wife and children back please?

    15. Re:The terrorists have won! by molecular · · Score: 1

      "The man who would choose security over freedom deserves neither"
      thomas jefferson

  4. Hold on a moment. Wacky Jackie might not agree by RotateLeftByte · · Score: 3, Insightful

    The Home Sec (aka Wacky Jackie Smith. You know the one who says 'I knew nothing' about the police raiding an Opposition MP's office like they do every week in Zimbabwe) is reviewing the implications of the Judgement.

    From that I read 'Ok Chaps how can we get out of this fine mess you have got me into?'
    And an underling pipes up
    'Just DNA Test Everyone. That way there can be no discrimination'

    However the Court is getting wise to the tricks of NuStasi (sorry New Labour) and is going to monitor the compliance with their ruling closely.

    --
    I'd rather be riding my '63 Triumph T120.
    1. Re:Hold on a moment. Wacky Jackie might not agree by LingNoi · · Score: 5, Insightful

      The police have really overstepped the mark these past few years and it's showing with their latest search of the MPs office.

      They think their above the law and I'm sick of these policemen that never get charged with doing anything wrong.

      Off the top of my head the police have been caught speeding, killing people because their visa expired, racial abuse, searching without a warrent, etc. They're above the law and I am happy they have been bought down a peg, even though it's a pretty small victory.

      They still no to be more responsible for what they do.

    2. Re:Hold on a moment. Wacky Jackie might not agree by cayenne8 · · Score: 1
      "...and it's showing with their latest search of the MPs office."

      What is a MP? I know in the US armed forces it means Military Police, but, I'm guessing from context, in the UK it means something else.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  5. Do I mind if the government keeps my DNA on file? by GMonkeyLouie · · Score: 1, Interesting

    Not particularly, no. I don't really mind the government maintaining a DNA database.

    I would like it if they shared the data with the NIH, and I think that work on mapping the human genome is so very important that we can't trust private enterprise to explore all of the possible directions in which it could be taken.

    I mean, what is the government going to do with my DNA? Clone me? Invade my privacy by finding out what diseases I'm vulnerable to?

    I reject arguments that innocent people have nothing to fear from invasions of privacy, but objections to this don't even seem to be based on one of those.

  6. Cynical about the EU no longer. by serviscope_minor · · Score: 5, Insightful

    Sometimes I'm cynical about the EU. To be sure, there is a lot of completely pointless and stupid busy work such as regulating the curvature of bananas and so on. On the other hand, the UK government seems capable of such outright maliciousness that the only thing we have left is the EU. I'll take bouts of stupid and useless over bouts of mindless repression any day.

    The sad thing is, we neither elect the EU nor the house of lords. Yet I find myself agreeing with them much more often than with the elected government. Well, what do you expect? Despite getting only 37% of the votes cast, they act like they earned their large majority.

    --
    SJW n. One who posts facts.
    1. Re:Cynical about the EU no longer. by VJ42 · · Score: 3, Informative

      The Europian court of human rights is part of the Council of Europe, not the EU. They share a flag, and IIRC all EU members are also members of the Council, but there are a whole load of other countries in the council of Europe besides the 26 EU member states.

      /pedant

      --
      If I have nothing to hide, you have no reason to search me
    2. Re:Cynical about the EU no longer. by mrsmiggs · · Score: 1

      The sad thing is the right wing press in the UK will use this as a stick to beat the EU and call for our withdrawl and resulted isolation. The increasingly alarming path taken by the UK government has been sparked by the gutter press, who despite becoming less and less relevent to modern life are listened to more than ever by politicians hunting for the vote of the swing voters in a few small constituencies. The democratic deficit in the UK is reducing our freedoms, it's high time the system was reformed and politicans actually paid attention to what people want instead of relying on economic bubbles to keep the populace happy and reactionary policies like this one to keep the media on side.

    3. Re:Cynical about the EU no longer. by Anonymous Coward · · Score: 1, Insightful

      You don't elect "the EU", but you elect the European Parliament. The constitution would have given the parliament greater power. Beyond that the EU is run mostly by the governments which themselves are democratically elected.

      To compare it to the House of Lords in terms of its democratic legitimization is completely bananas.

      As is, BTW, rehashing UK scare stories about EU bureaucracy. The thing is, most of these kind of standardization requests come out of the industry itself for various reasons.

    4. Re:Cynical about the EU no longer. by Stormx2 · · Score: 1

      But then there's a conflict. My local MP, a conservative, voted against basically all of liberty-trampling ideas jacqui smith has come up with. While I hate the tories as any decent person would, they're miles better in this respect.

      So on the one hand its the "european busybodies" interfering with our sovereign state, and on the other its them protecting us from big brother, an issue a lot of tories hold dear (and you can sort of see why)

    5. Re:Cynical about the EU no longer. by M-RES · · Score: 1

      The governments in the EU aren't actually democratically elected. If they were then a government could not exist if just over a third of the voters (the ones who weren't so jaded that they bothered to vote) voted for them. Remember, they only got 37% of the vote - and voter turnout was particularly low, so it's not 37% of eligible voters. Minority rule.

      We have no true representation in the UK. It's a sham democracy where your only tantalising hint of involvement is once every so many years. Try asking an MP to represent the majority view of their constituents over ANY issue that runs against party lines and see how much representation you get in Parliament. Especially if your MP is a member of the cabinet.

      Anyone remember the world's biggest ever protest in London against the Iraq war? Personally I only knew 1 person who actually thought we should go to war, and he's an admitted racist. Everyone else I know (including members of the armed services who tell me all their colleagues were anti-war too) was against it - so how much 'democracy' did we have over one of the most important decisions our elected 'representatives' could make? Rhetorical question I know, but you get the picture...

    6. Re:Cynical about the EU no longer. by Anonymous Coward · · Score: 0

      27

    7. Re:Cynical about the EU no longer. by Anonymous Coward · · Score: 0

      > But then there's a conflict. My local MP, a conservative, voted against basically all of liberty-trampling ideas jacqui smith has come up with. While I hate the tories as any decent person would, they're miles better in this respect.

      No they're not. If exactly the same liberty-trampling ideas had been proposed or implemented by a tory government, your local MP would have fully supported them, and denounced their opponents as pinkos.

    8. Re:Cynical about the EU no longer. by Anonymous Coward · · Score: 1, Insightful

      Sometimes I'm cynical about the EU. To be sure, there is a lot of completely pointless and stupid busy work such as regulating the curvature of bananas and so on. On the other hand, the UK government seems capable of such outright maliciousness that the only thing we have left is the EU. I'll take bouts of stupid and useless over bouts of mindless repression any day.

      The sad thing is, we neither elect the EU nor the house of lords. Yet I find myself agreeing with them much more often than with the elected government. Well, what do you expect? Despite getting only 37% of the votes cast, they act like they earned their large majority.

      and there is the rub, at least with the House of Lords as is USED to exist. These guys, the Lords, are as old as England itself. They had wealth beyond measure and truly believed in 'England'.

      I was a republican until I realised that the 'upper house' has no ca. 4 ear cycle in which to prove a point. In a way, the Lords are immune from the vagaries of a knee-jerk society.

      I will take, now, in a heartbeat, the thoughts of someone who thinks by his birthright that he IS England over some newly appointed sop. This is conservatism with a small but very pointed 'c'.

    9. Re:Cynical about the EU no longer. by Anonymous Coward · · Score: 0

      "Regulating bananas"
      People complain if the bananas they buy are't good quality. The EU regulations on this kind of thing say how to determine the quality. That's what the "Class I" or "Class II" you see on bananas in shops means.

      If you don't care about the curvature, buy Class II bananas. Several supermarkets sell Class II produce.

    10. Re:Cynical about the EU no longer. by Anonymous Coward · · Score: 0

      >The sad thing is, we neither elect the EU nor the >house of lords. Yet I find myself agreeing with >them much more often than with the elected >government.

      The elected government did however sign up to the european human rights act.

      Personally, I think that the entire concept of human rights is fundamentally flawed and vastly inferior to a decent constitution which enshines civil rights, but it's better than nothing.

      The odd thing in this case is that while the government signed up to the human rights act, it restricts them - while the vast majority of the citizens in the UK don't give a toss about privacy. I know a pretty wide variety of people, and I've heard, "if you're not doing anything wrong, then you have nothing to fear" from almost all of them. I've grown tired of arguing with them...

      One last point - the government wants to introduce compulsary ID cards. They've given, at different times, stacks of different reasons why these things are needed. Personally I think the answer is quite simple - they don't really want ID cards, they want a biometric database, and as the ID cards are going to be based on some form of biometric data, introducing the cards would allow them to build a biometric database which they couldn't justify any other way.

    11. Re:Cynical about the EU no longer. by shilly · · Score: 1

      And the Court doesn't enforce some continental idea of human rights; it enforces the rights drawn up by Winston Churchill's government's lawyers in 1950, to ensure that the kinds of outrages perpetuated by Nazi Germany could not happen again. Perhaps the Daily Mail's ignoble record of supporting the Nazis explains its opposition to the European Convention on Human Rights. It certainly seems like it would quite like to bring back the fascists.

  7. Re:My complaint about the committee that approves by potscott · · Score: 4, Funny

    You lost me at "Phlegmatic cockalorums". Allow me to retort - Before you criticize a man, walk a mile in his shoes. Then you'll be a mile away, and have his shoes.

    --
    I'm a firm believer in the philosophy of a ruling class, especially since I rule.
  8. Change of considerations by Huff · · Score: 3, Interesting

    Whereas most people in the UK consider the Euro court of human rights to be a bunch of interfering busy bodys or jobsworths, and in general most of the rulings they come up with do come across as 'annoying'.
    Ruling like this however are the reason the court was set up. I do hope this ruling stands and that this court will continue to keep its eye on privacy issues like this and prove to the population in general that it does have a purpose.

    NPE

    1. Re:Change of considerations by jimicus · · Score: 1

      Whereas most people in the UK consider the Euro court of human rights to be a bunch of interfering busy bodys or jobsworths, and in general most of the rulings they come up with do come across as 'annoying'.
      Ruling like this however are the reason the court was set up. I do hope this ruling stands and that this court will continue to keep its eye on privacy issues like this and prove to the population in general that it does have a purpose.

      Unfortunately, when you've got a general public which is by and large fairly happy with the job the police are doing, places absolute faith in the science and knows little or nothing of miscarriages of justice, rulings like this tend to reinforce such views.

    2. Re:Change of considerations by chrb · · Score: 1

      Most of the people in the UK believe everything they read or see from the Rupert Murdoch empire. The man has too much power, and too much reason to desire a weak, divided Europe. You should judge the E.U. and its various organisations on their accomplishments and failures, not what the Murdoch press has to say about them. The European Court of Human Rights case law database is online, but unfortunately few in the UK will ever use it, believing instead what they are encouraged to believe by the media.

    3. Re:Change of considerations by Anonymous Coward · · Score: 0

      > Whereas most people in the UK consider the Euro court of human rights to be a bunch of interfering busy bodys or jobsworths,

      Do they? Do you actually have a citation for that? Preferably from a disinterested party, i.e. not the mainstream media or any of the mainstream political parties, who occasionally find their desire for power obstructed by the ECHR.

  9. Got to love the Home Secretary by Peil · · Score: 4, Insightful

    "The existing law will remain in place while we carefully consider the judgement "

    Su-fucking-perb! If I ever get nicked and found guilty of an offence I'll be sure to use that one as I wave two fingers at the Judge.

    As we have seen only this week over here the Police are out of control, the Government are scared of them and it is slowly dawning on people we have just sleep walked into a police state.

    The cops turn up at your door, seize computer equipment, lets be honest you aren't going to get your kit back for a good year at least, even if your innocent. While they have it they can demand all passwords, failure to comply gets you up to two years. Then they get to take your DNA and fingerprints. If you match up at any crime scene you better have a decent alibi son, "cos the Database don't lie". (Just don't mention the Shirley McKee case)

    1. Re:Got to love the Home Secretary by Anonymous Coward · · Score: 0

      Actually if you spend any time at all reading some of the Police blogs (I.e. Inspector Gadget or PC Bloggs), or their respective books, you'll find that the Police aren't nearly well enough staffed, funded or equiped to turn the Isle of Man into a Police state, let alone the entire UK.

      Are you aware that the Police no longer even make the decision over whether to charge a suspect, or what the charge should be? They've been reduced to glorified office workers with stab vests. They don't even get proper batons any more!

    2. Re:Got to love the Home Secretary by Anonymous Coward · · Score: 0

      What if they demand your passwords and you've forgotten them? It happens, or there wouldn't be 'forgotten your password?' links next to every login form on the tubes!

    3. Re:Got to love the Home Secretary by locofungus · · Score: 1

      "The existing law will remain in place while we carefully consider the judgement "

      Su-fucking-perb! If I ever get nicked and found guilty of an offence I'll be sure to use that one as I wave two fingers at the Judge.

      The police illegally collected and kept DNA samples for years.

      Eventually this illegal action came to light.

      The government changed the law to make what they were doing legal and didn't delete those illegally collected samples.

      This time they'll just say they're deleting them but won't (or they'll delete them and then restore them from a backup)

      Any that come to light will be "an oversight".

      Eventually it will come out and they'll change the law again and we'll restart this merry-go-round.

      Tim.

      --
      God said, "div D = rho, div B = 0, curl E = -@B/@t, curl H = J + @D/@t," and there was light.
  10. Quote continued by brian0918 · · Score: 0, Flamebait
    Here's the full quote:

    "could not be regarded as necessary in a democratic society... fortunately for us, the UK could never be mistaken for a democratic society, so feel free to violate any and all rights."

  11. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 0
  12. Re:Do I mind if the government keeps my DNA on fil by Cyberax · · Score: 2, Informative

    How about "selling your DNA to insurance companies"?

    Or in case of Great Britain - losing a USB stick with all your private data _and_ DNA data.

  13. Re:Do I mind if the government keeps my DNA on fil by Penguinisto · · Score: 5, Insightful

    I mean, what is the government going to do with my DNA? Clone me? Invade my privacy by finding out what diseases I'm vulnerable to?

    Use it to drag you out of your house and charge you with a crime you may or may not have committed, just because a computer says that you might be the suspect based on that DNA (when in truth you may well not be). All it would take is for a small database corruption or some programmatic error, and suddenly you end up having a lot of explaining to do, even if you have nothing to explain.

    There's also the 'what if' angle of if/when your government gets repressive. Easier to figure out where and who you are down the road when they have DNA to match you up against...

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  14. Re:Do I mind if the government keeps my DNA on fil by LingNoi · · Score: 5, Interesting

    Are you kidding me? This is the government that loses data left, right and centre and you don't mind them maintaining your DNA?

    Then perhaps you'd like to hear about the case in the US where two men one white, one black both had the same genetic markers in the police database?

    or how about when you are called in for a crime you didn't commit like Jill Dando case where they matched the wrong guy's DNA. The evidence was so strong there right? The amount of DNA evidence was almost nothing yet the court was in the mindset of DNA == foolproof.

  15. Implications for US border control? by Anonymous Coward · · Score: 1
    From the judgment:

    the Court considered that fingerprints contain unique information about the individual concerned and their retention without his or her consent cannot be regarded as neutral or insignificant. The retention of fingerprints may thus in itself give rise to important private-life concerns and accordingly constituted an interference with the right to respect for private life.

    Does that mean that the practice of taking the fingerprints of Europeans when they enter the USA should also be considered as a breach of the human right of privacy?!

    1. Re:Implications for US border control? by coastwalker · · Score: 3, Interesting

      A debatable question. Maybe the Europeans should take samples of visiting Americans DNA and see if they match any crime scene samples in Europe. After all we know that DNA matches are 100% proof of guilt. Well apart from the 1 in 200,000 random match rate of course. How many Americans are there? 200 Million did you say. Excellent, our crime clear up rates will be significantly improved once we start banging up foreign nationals! The human right of privacy is all we have left against bad science in the field of information technology based criminology. Lets match your IP address against my corrupt file of kiddy porn sites shall we and put your children in state care. Or better still lets put you in gitmo because some war driving suicide bomber had the tools to crack your pathetic wpa encryption. good luck you trusting soul.

      --
      Facts are history now plebs have politics for religion on social media.
    2. Re:Implications for US border control? by UncleTogie · · Score: 1

      Most emphatically, yes.

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
  16. Not a "UK" Database by CodeArtisan · · Score: 2, Informative
    The title of the article is a little misleading as it doesn't apply to all of the UK.

    From TFA:

    Scotland already destroys DNA samples taken during criminal investigations from people who are not charged or who are later acquitted of alleged offences.

    1. Re:Not a "UK" Database by jabithew · · Score: 1

      I think it only applies to England and Wales, as Northern Ireland has devolved justice too. Does anyone know the situation re: NI?

      --
      All intents and purposes. Not intensive purposes.
    2. Re:Not a "UK" Database by Laser_iCE · · Score: 1

      They're still very, very drunk.

  17. Going Godwin by Anonymous Coward · · Score: 0

    Sigh. If only this technology existed in the 1940's. \\:=(

  18. National soverignity? by mschuyler · · Score: 1

    Would someone who knows please explain how the EU Court has jurisdiction over national laws? Has the UK (and other countries in the EU, for that matter) ceded its soverignity to the EU to such an extent that the EU acts as a Supreme Court? Is the EU as a whole like the Federal government is to the US states or Canadian provinces? I really do not know myself and am asking for a serious answer. Thanks.

    --
    How about a moderation of -1 pedantic.
    1. Re:National soverignity? by Anonymous Coward · · Score: 1, Informative

      The UK signed the European Human Rights convention and those accepted the authority of the European Court of Human Rights.

    2. Re:National soverignity? by VJ42 · · Score: 3, Informative

      Would someone who knows please explain how the EU Court has jurisdiction over national laws? Has the UK (and other countries in the EU, for that matter) ceded its soverignity to the EU to such an extent that the EU acts as a Supreme Court? Is the EU as a whole like the Federal government is to the US states or Canadian provinces? I really do not know myself and am asking for a serious answer. Thanks.

      It's not an "EU court" it's part of the Council of Europe, which whilst it share a flag with the EU is a separate body with different membership. When we signed the European charter of Human rights (this was soon after WW2 and IIRC it was largely written by British solicitors), we ceded any powers in that treaty to the ECoHR, after all that's how international treaties work.

      --
      If I have nothing to hide, you have no reason to search me
    3. Re:National soverignity? by MozeeToby · · Score: 1

      Would someone who knows please explain how the EU Court has jurisdiction over national laws?

      What power the EU Court has over the UK is the power that the UK gave it when it signed up for the EU in the first place. Basically, the court has jurisdictions in cases that involve EU law or the EU treaties.

      the UK (and other countries in the EU, for that matter) ceded its soverignity to the EU to such an extent that the EU acts as a Supreme Court?

      In some ways yes and in some ways no. The EU court has jurisdiction over many basic human rights issues especially where they apply to the EU charter. Of course, there are many points of law that have nothing to do with human rights or EU law, so those topics are still covered by each nations highest court. That being said, if a country fails to follow a judgement, there really isn't much the court can do except for fining the country. And if the country doesn't pay, there is even less they can do. It is unlikely that the EU would risk a major international incident over a member's failure to pay a court imposed fine.

      Is the EU as a whole like the Federal government is to the US states or Canadian provinces? I really do not know myself and am asking for a serious answer.

      It is really more like the Articles of the Confederation (The United State's 'first draft' government). While it has many of the functions of a sovereign nation, the EU is much more loosely united that the States in the US or Provinces in Canada. Remember that the EU began it's life as the European Economic Community, and managing the economy of the Union is still it's primary purpose.

    4. Re:National soverignity? by sjames · · Score: 1

      To an extent, yes they have. While the EU doesn't have as much power over the nations within it as the U.S. federal government does over the states, it does have a role a bit like the Supreme Court.

    5. Re:National soverignity? by Valdrax · · Score: 3, Interesting

      Would someone who knows please explain how the [European Court of Human Rights] has jurisdiction over national laws?

      The same way the WTO has jurisdiction over the US -- they signed a treaty that said that they will abide by the decisions of the international body.

      Of course, unlike the states of the US, any country is significantly more free to simply ignore the rulings, thought not without impunity. Ignoring the ECHR could mean severe potential trade problems with the rest of Europe but could also just mean having to pay some fines every now and then. Heck, Italy gets dragged before the court regularly for failure to provide a speedy trial and just pays off the fines and ignores making changes to their entrenched legal system -- at least according to my law prof, they do.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    6. Re:National soverignity? by CmdrGravy · · Score: 1

      It's because one of the first things the Labour government did in power was sign up to the EU Human Rights charter which has, amusingly, caused them and their control freak legislation no end of trouble ever since.

    7. Re:National soverignity? by Anonymous Coward · · Score: 0

      You seem to have a lot to say on this subject for someone who is ignorant of the most basic fact. It's not the 'EU court'. It's the European Court of Human Rights and is *not* part of the EU structure and while all EU members must sign up to it, it has may signatories who are *not* in the EU. So even informally calling it the 'EU Court' is totally inaccurate.

    8. Re:National soverignity? by Anonymous+Cowpat · · Score: 1

      no, actually, the UK has been signed up to the human rights charter since the late 1950s (Churchill played a large part in drawing it up), what labout did in 1998 was incorporate it directly into British law so that claimants could first bring up human rights based arguments in the British courts rather than having to lose their way through 4 or 5 levels of appeals courts before going to Europe (except that you can go straight to Europe and bypass domestic courts if you want) to get a law overturned.

      --
      FGD 135
  19. Re:Do I mind if the government keeps my DNA on fil by girlintraining · · Score: 4, Informative

    It is probably worth noting that DNA evidence can be wrong... There have been numerous cases in which a false positive led to someone being wrongly imprisoned. The probability of false positives is significantly higher than most people realize as well. This mostly has to do with the fact that they only sequence part of your DNA -- the parts most likely to differ from one person to the next. This introduces a statistical error rate.

    It's a dirty little secret.

    --
    #fuckbeta #iamslashdot #dicemustdie
  20. Re:Do I mind if the government keeps my DNA on fil by hotdiggitydawg · · Score: 4, Insightful

    Not particularly, no. I don't really mind the government maintaining a DNA database.

    This is the same UK government that is so expertly careful about protecting personal information. Any information you give them (and I mean anything... contact details, date of birth, NI number (=SSN for you Americans), medical history, tax returns, your library borrowing list that shows you have a penchant for lycanthropic porn, etc. etc.) you may as well cut out the middleman and post it on MySpace for the world to read, chances are it will become that public in short order anyway. And you're willing to trust them with your DNA?

    In that case I have a bridge you may be interested in purchasing...

  21. Re:Breach of rights until... by QuoteMstr · · Score: 4, Insightful

    Nice troll, but I'll bite. The one crucial aspect you're missing has to do with the word "arrested". It's justifiable to store somebody's DNA after he's been convicted. But an arrest is just an accusation. There is no due process, no judge, no jury, nothing of the sort. There ought to be no penalty for an arrest alone. That's what "due process" means.

  22. What does the HR Court say about UK Sharia? by Anonymous Coward · · Score: 0

    What does the Human Rights Court say about the UK's adoption of Sharia Law as an alternate legal system?
    .
    .
    .
    Nothing? Is that silence I hear?
    Well, I guess some human rights violations are more equal than others.

    1. Re:What does the HR Court say about UK Sharia? by VJ42 · · Score: 1

      What does the Human Rights Court say about the UK's adoption of Sharia Law as an alternate legal system?

      No one has asked them to look at it, so nothing. In fact I can't think of why they would need to look at it since AFAIK it's not part of the law of any signatory to the ECHR

      Nothing? Is that silence I hear? Well, I guess some human rights violations are more equal than others.

      Nope, the silence you hear is because courts need someone to ask them to pass judgement. If you're so concerned bout this issue, take the relevant parties to court.

      --
      If I have nothing to hide, you have no reason to search me
    2. Re:What does the HR Court say about UK Sharia? by cdrguru · · Score: 1

      Of course the only people with standing are the oppressed women that suffer under Sharia.

      And it would be oh so incorrect and unfair for anyone to actually imply that this was going on outside of the cultural locus where it applies. It would be like trying to get a slavemaster arrested for beating a slave... except maybe it is exactly like that.

    3. Re:What does the HR Court say about UK Sharia? by Anonymous Coward · · Score: 1, Funny

      When has the UK adopted Sharia Law? It hasn't. And that's why the Human Rights Court has nothing to say about it.

      Oh, I see - you read the Daily Mail, so that'd be why you know not of the REAL world and are afraid of everything.

      Tell me, how many Muslims do you know personally? I could be wrong, but I'm guessing there's a chance it's fewer than 1. Otherwise you wouldn't be so scared of other human beings and you'd have some understanding of what Islam is rather than hint at bigoted 'bogeyman' insinuations.

      Do yourself a favour. Get an education and stop voting BNP

  23. About time too by 99luftballon · · Score: 4, Insightful

    As a British citizen I'd say that this practice was an absolute outrage. If someone has been officially charged and found guilty then fair enough, a DNA profile is justified as part of the price of doing the crime. But to do this merely on arrest is a gross affront to civil liberties and one that has left 1/12 of the population on this database.

    The argument is often made that it is a handy tool for solving past crimes and if you have done nothing wrong then you have nothing to fear. I beg to differ.

    There have already been cases of criminals planting false DNA on crime scenes (Dr. John Schneeberger of Canada) and, while the technology is very useful, it is not the be all and end all of evidence.

    1. Re:About time too by Anonymous Coward · · Score: 0

      There's no such thing as a British citizen. You are a Subject of the Crown - and don't you forget it.

    2. Re:About time too by 99luftballon · · Score: 1

      The Queen can whistle for it as far as I am concerned, and that goes double for her idiot son.

    3. Re:About time too by lordholm · · Score: 1

      When I lived in the UK this was actually a thing that annoyed me a lot.

      I am a free man and citizen, not a bloody subject to anyone.

      --
      "Civis Europaeus sum!"
    4. Re:About time too by Zemran · · Score: 1

      Why would you be annoyed by something that is not true? The parent is a troll and should be seen as such. I am a British citizen and my passport etc. makes that clear. Subjects were none British citizens that lived subject to British rule during the colonial times.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    5. Re:About time too by Anonymous Coward · · Score: 0

      Correct. There can be false DNA plantings, and DNA results aren't always 100%, as for each person there are a significant(enough) amount of others in the world that match with them.

      What many people don't realize about their DNA is just how much can be learned from a sample: Relatives, eating habits, physical and mental health/conditions, allergies, etc.

      Makes you wonder what they could use a near-biographical database for. Then again, here in the US, it's not exactly a mystery where politics has been heading. As Homer Simpson puts it, "Ooo no, they know what books I take out with my library card! What's next, knowing what operas I like to go to?". For those foreign to the joke, it's Abraham Lincoln's assassination at the opera.

  24. Re:Do I mind if the government keeps my DNA on fil by glennpratt · · Score: 1

    Then perhaps you'd like to hear about the case in the US where two men one white, one black both had the same genetic markers in the police database?

    Link?

  25. 6 gigs per? by Anonymous Coward · · Score: 0

    What exactly is the data of the stored DNA sample? Surely not the whole thing gene sequence! 3 billion base pairs in a human genome means 6 billion gigs of data per person.

    1. Re:6 gigs per? by Anonymous Coward · · Score: 0

      Mathematics fail! 3 billion base pairs means 3 billion 2-bit pairs (e.g. A,C,G,T =>00,01,10,11) , or 6 billion bits. Or about a CD-ROM's worth of data. Actually, in practice, we know know you need to look at things like methylation to capture a fuller picture of what a gene will actually do, but still, your estimate is way, way off.

  26. Easily fixed by Shemmie · · Score: 5, Funny

    keeping such people's DNA in the database 'could not be regarded as necessary in a democratic society.'"

    Jacqui Smith will just ensure we're no longer listed as a democratic society. That should side-step this issue.

    1. Re:Easily fixed by Anonymous Coward · · Score: 0

      I guess that was a joke, but with Jacqui Smith it wouldn't actually surprise me, which is the worrying thing.

  27. No one said it better than old Ben Franklin by DJRumpy · · Score: 4, Interesting

    "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety" - Benjamin Franklin

    The insight of those from hundreds of years ago still amazes me.

    Wise men, no?

  28. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 0

    Absolutely my sentiment! I don't mind government invading privacy at all as long as I have access to the data.

    Actually, I think the same about all government activities. The greatest evil is secrecy when it comes to government.

  29. Re:Do I mind if the government keeps my DNA on fil by codegen · · Score: 4, Insightful

    You do realize that they don't store the entire sequence in the database. DNA identification is based on a set of marker pairs, which are considered to be among the most variable in the human genome. It is of no use in mapping the genome. Close pairs have been discovered between completely unrelated people in the existing databases. So a plausible scenario: DNA shows a close match with your brother who was detained but never charged nor convicted (protesting against new 3 strikes law). As a result the Police pull you in as a "person of interest" since a close match is usually interpreted as matching someone related. Your boss finds out you have been questioned for murder at the same time you are competing with another co-worker for a promotion. Guess who gets the promotion?

    --
    Atlas stands on the earth and carries the celestial sphere on his shoulders.
  30. Re:Wacky Jacqui might not agree by BeerCat · · Score: 0, Flamebait

    Why has someone modded this Flamebait? - it perfectly well sums up how completely distanced from reality the Home Secretary is.

    Only true NuLabour sheeple would think otherwise

    --
    "She's furniture with a pulse"
  31. Re:Breach of rights until... by jabithew · · Score: 2, Informative

    Quite. There were accusations that the Met made an unusually large number of uncharged arrests at Notting Hill this year so they could build up a profile of black Londoners.

    (Notes for Americans and other foreigners; the Met=the London police force which has a history of racism and locking up opposition MPs. The Notting Hill Carnival is the largest Afro-Caribbean festival in the UK)

    --
    All intents and purposes. Not intensive purposes.
  32. Re:Do I mind if the government keeps my DNA on fil by didroe84 · · Score: 1

    Exactly. The probability of a suspect found through other means (eg. social links with the victim) being a false positive is far less than the probability of a false positive when you have the entire country on file (which is where they were headed before this ruling).

  33. Re:Do I mind if the government keeps my DNA on fil by LingNoi · · Score: 4, Informative
  34. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 5, Insightful

    All it would take is for a small database corruption or some programmatic error

    Actually, less than that. All it takes is a misunderstanding of statistics. If you have a large DNA database and a DNA sample from a crime-scene, then if you use it to find suspects - as many politicians would like to do - then you are bound to get a significant number of false positives, even when the tests are very accurate. The "1 in a billion" statistics that get thrown around regarding DNA matches estimate the chances of two random people matching. Once you expand your search to a country of 60m, the chances of a coincidental match is significant. Read up on the birthday paradox. And because people are told the "1 in a billion" statistic, whoever gets fingered for the crime is seen to have a massive chunk of evidence pointing to his guilt.

    There's also the 'what if' angle of if/when your government gets repressive.

    That argument has never really held weight with me. Do you also advocate gay people remaining in the closet? After all, if people know that they are gay, then if the government decides to execute gay people, they are fucked. How about atheists? People who wear glasses?

  35. Re:Breach of rights until... by jimicus · · Score: 3, Insightful

    ...one of the people that got arrested and released does a crime against you or your family. Then the breach of rights complaint that the person made mysteriously disappears.

    Breach of rights? What rights? The right to NOT have your DNA stored in a government database if you were to get arrested for committing a crime?

    Stop right there. As far as the law is concerned, the person who's accused of committing a crime against you may or may not have done so. It is up to the justice system to decide whether or not they did, and once that decision is reached, if the answer is "not guilty" (or, for that matter, "we aren't pressing charges"), they are entitled to receive exactly the same treatment by any member of society (or indeed society itself) as if the suspicion had never occurred.

    That's the whole point of "innocent until proven guilty", it's been the whole point of British justice for centuries.

    What you're effectively advocating is that a person who has ever been arrested for any reason, should be automatically considered "more likely a criminal" than the rest of the general public - even though the police may have kept them for no more than a couple of hours before realising they'd made a mistake and releasing them without charge.

    The only fair way to deal with that - and, what I suspect, the home office may well advocate if they think they can get away with it - is to take DNA samples from the entire population.

  36. Re:Wacky Jacqui might not agree by DragonWriter · · Score: 1

    Why has someone modded this Flamebait?

    Probably because of the unnecessarily incendiary language in GP like "NuStasi" for New Labour.

    Only true NuLabour sheeple would think otherwise.

    ...And here you're doing (a lesser form of) the same thing that got the GP rightly modded as flamebait.

    If you don't want to get posts tagged as flamebait, explain and justify your opinions without peppering your posts with gratuitous insults; in short, use arguments instead of epithets.

  37. MP by BeerCat · · Score: 2, Informative

    MP = Member of Parliament (in other words, one of the UK's elected representatives in Parliament - much like a Senator in the US)

    --
    "She's furniture with a pulse"
    1. Re:MP by quacking+duck · · Score: 1

      MP = Member of Parliament (in other words, one of the UK's elected representatives in Parliament - much like a Senator in the US)

      Late to reply (linked from another /. story), but that's not quite correct.

      Though US senators are elected, an MP is more analogous to a US Congressman, in that they draft the legislation and debate it. When it's passed all its readings, in the US it goes to the (elected) Senate. In the UK it would would go to the (unelected) House of Lords.

      Canada takes after the UK parliamentary system, except our second house is also called the Senate.

    2. Re:MP by BeerCat · · Score: 1

      Thanks for the clarification - that's the clearest distinction between Senators and Congressmen I've seen

      --
      "She's furniture with a pulse"
  38. Let's sample everybody....Why not? by Anonymous Coward · · Score: 0

    The government already keeps all kinds of data on you, name, address, phone number, license plate, heck, they even take your picture...why not DNA? Just get yourself sampled when you sign up for your drivers license.

    1. Re:Let's sample everybody....Why not? by M-RES · · Score: 1

      That's exactly what they've been trying to do with National ID cards. They then switched tactics (when defeated by the unelected House of Lords for gawds sake!) to a plan to require biometric drivers licences in the future. Not sure when or even if this is still coming in, but it'll extend the amount of data from that already held on RFID passports.

      They love the idea of RFID'd cards for some reason even though it's borked tech.

  39. MP = Member of Parliament by zooblethorpe · · Score: 2, Informative

    That'd be Member of Parliament to all those not familiar with parliamentary nomenclature. So the Home Secretary siccing the police to raid an opposition party member's offices might be vaguely analogous to the Bush Administration abusing its official powers to bully US Attorneys into resigning for not kowtowing to the party line. I.e., a power freak seeing how far they can stretch their authority and get away with it.

    Cheers,

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
    1. Re:MP = Member of Parliament by cdrguru · · Score: 0

      Sorry, but when a political appointee isn't seen as following the lead of the appointer, especially when the office is officially held "at the pleasure" of the appointer, they get canned.

      Happens in Chicago all the time. This was news because somebody assumed (correctly so) that most people don't understand how that kind of political appointee works.

      Watch a whole new crop of US Attorneys are brought in with the new administration. What possible reason could there be for canning the lot of them? Other than perhaps they are political appointees and serve at the pleasure of the president. So Mr. Obama gets to put in a whole new set of Democrats.

      Now, if these positions were not political appointments but instead Civil Service, then is would be different. The whole concept of Civil Service was to eliminate this kind of political appointment. Of course then we have a unelected and unresponsive bureaucracy. Just like most of the rest of the government is today.

    2. Re:MP = Member of Parliament by janrinok · · Score: 1

      This is nothing to do with not following the party line

      Arresting the MP (Member of Parliament) is not the issue here, nor is searching his home. If an MP has committed a crime then he/she is responsible for his or her actions. However, an MP has the right to speak to his constituents and to keep what they say confidential, in much the same way as a doctor or lawyer. By conducting a search of his Parliamentary offices (without a warrant!) this confidentiality has been seriously breached. In addition, the police accessed his emails in Parliament which, as some technically aware MP has spotted, this means that the Police must have accessed the server (without any oversight) and they could potentially have copied or viewed every MP's emails.

      This is not about the rights of a single MP who may, or may not, have broken the law (we do not yet know because the police are not yet revealing the evidence that they have). It is about a fundamental breach of the UK's democratic principles and particularly about a Member of Parliament's ability to represent his constituents without outside interference. The waters have been muddied by some trying to widen the debate to score political points over the other parties, and by others who simply have misunderstood why the debate has arisen in the first place.

      Just to clarify another point, the police CAN conduct a search without a warrant IF they have the property owner's permission to do so. The problem revolves here in the fact that they did not tell the Sergeant at Arms (read 'Parliamentary Security') that they did not have a warrant nor is the SaA the 'owner' of the property. As this is the first time in 400 years that such an action has even been attempted the legal basis for all of these actions is not entirely clear. Some also believe that the police would never have been granted a warrant by a judge, and that the 'crime' of which the arrested MP is accused is actually part of his Parliamentary responsibilities (i.e. holding the Government to account) and something that has been practiced by all parties for hundreds of years. Therefore, some suspect that the whole thing might have political mischief written all over it particularly as the Cabinet Office currently have oversight of the whole matter (although they deny knowing anything about it!) and the MP concerned is currently in opposition to the Government.

      Get the popcorn, this will run and run.

      --
      Have a look at soylentnews.org for a different view
  40. I tried so hard to think up an insightful comment by Xest · · Score: 5, Informative

    I really did, I tried so hard to think up an insightful comment in response to this story but all that I could do was sit giggling to myself at how upset Jacqui Smith is over this and how she aint gonna sleep well tonight.

    For those that don't know, Jacqui Smith has been involved in or is responsible for:
    - UK ID card scheme where every citizen has a biometric ID card
    - A national database of every single child's details
    - 42 days of detention without trial for terror suspects
    - This very DNA database of even innocent people
    - Plans for a scheme to store all telephone call, text message and e-mail records
    - Massive nationwide CCTV surveillance programs
    - Silencing of political opponents by using heavy police force
    - Allowing local councils to use terrorist laws to spy on citizens to catch them for such offences as trying to get their kids into a specific school outside their catchment area or letting their dog foul in a public place
    - Creating a scheme for newspapers to put up wanted posters from CCTV images of people dropping litter

    There are plenty more but simply too many for me to remember all of them right now. This woman is evil and must be stopped, period. We can't put the blame on just her however because people like Gordon Brown have the power to stop her but aren't and opposition parties could be far, far more vocal about how evil this woman actually is and yet they're not.

    I'm pretty sure the lives of our grandparents here in the UK and the rest of the world weren't given on the beaches of Normandy, the fields of France and other places so that it would eventually be our own government that would rise up against us and begin to enforce the same level of dictatorship as seen in the many facist nations during World War II. The very fact Jacqui Smith is pushing for this kind of regime should make it the responsibility of everyone with the power to make a noise- politicians, media and so forth to stand up and refuse to accept this. It is the complacency and ignorance amongst the average joe on the street towards this type of thing that makes me understand now how over time evil totalitarian regimes can arise.

    I do not believe Britain will every reach the point Jacqui Smith is hoping thanks to the EU injecting at least a little bit of common sense into the situation as per this article but the very fact that she has been allowed to get this far is simply unacceptable in a modern, free society.

  41. Re:Wacky Jacqui might not agree by VJ42 · · Score: 1

    Why has someone modded this Flamebait?

    Probably because of the unnecessarily incendiary language in GP like "NuStasi" for New Labour.

    Only true NuLabour sheeple would think otherwise.

    ...And here you're doing (a lesser form of) the same thing that got the GP rightly modded as flamebait.

    If you don't want to get posts tagged as flamebait, explain and justify your opinions without peppering your posts with gratuitous insults; in short, use arguments instead of epithets.

    Interestingly I've been seeing more and more of this type of language around the internet; my favourites are "Jaquiboot Smith" for the home sectary as it sums up my opinion of her, and "NuLab" because of the obvious Orwellian comparisons to IngSoc. I don't think it's flamebait, just a concise way to sum up thoughs on the creeping authoritarianism of this new* Labour Goverment

    *how long can they justifiably continue to style themselves as "new"?

    --
    If I have nothing to hide, you have no reason to search me
  42. Moderators can suck one by Prysorra · · Score: 1

    Whoever modded that flamebait needs their karma reduced to zero and never given moderation points again.

    /takes stand, doesn't click "AC".

  43. Re:Do I mind if the government keeps my DNA on fil by PitaBred · · Score: 1

    Google finds it pretty quickly

  44. Re:Do I mind if the government keeps my DNA on fil by h4x354x0r · · Score: 1

    That's what got O.J. off the hook.

    --
    They were right - the revolution did not get televised. It was posted on YouTube instead. All in 120 characters. SLOOSH!
  45. Not quite. by Estanislao+Mart�nez · · Score: 0

    Capitalism requires the public to have as much information as possible about products and organizations.

    Not really, because a free market also requires competition, which often requires that organizations keep trade secrets. In a free market economy, the cost of developing new techniques to bring superior goods or services to the market, or reducing the cost of existing ones, can only be justified if the resulting information can either be kept from would-be competitors (trade secrets), or the competitors barred from using it (patents, copyrights).

    Basically, for a given good or service, there is a lot of information that's not relevant to the potential buyer's choice, and a lot of this information is of enormous value to the producer.

  46. Re:Do I mind if the government keeps my DNA on fil by harlows_monkeys · · Score: 4, Informative

    Not particularly, no. I don't really mind the government maintaining a DNA database

    ...

    I mean, what is the government going to do with my DNA? Clone me? Invade my privacy by finding out what diseases I'm vulnerable to?

    How about convict you of crimes you didn't do? Here's how it goes down.

    1. Some criminal who is not you, and whose DNA is not on file, commits a crime, and carelessly leaves behind some DNA.
    2. Police get the DNA, and run it against the DNA database, looking for a match. Yours matches. And yes, this can happen. I'll cover why below.
    3. You are charged with the crime. The jury is mightily impressed with the DNA evidence, and your lack of an alibi. Welcome to jail!

    It is a popular misconception that DNA tests uniquely identify people. That would be true (ignoring twins...) if they compared at enough positions. However, such tests are expensive. So what they actually do is compare at a few positions.

    This is not enough to uniquely identify you. It is enough to narrow the possibilities down to, in a good case, a handful of people. When that is combined with non-DNA evidence, it is almost certain.

    For instance, suppose you've got a woman raped, robbed, and murdered. Through traditional police methods, you find out that she was seen shortly before the crime arguing with her ex-boyfriend who was stalking her, and that she had a pizza delivered where the delivery man turned out to be a paroled serial rapist, and finally, a burglar had been known to be working the neighborhood at the time of the crime, and he had some of her jewelry when he was caught a few days later (but claims he found it on the ground and was never in her house).

    Do a DNA test on those three suspects and get a match on one, and you've got your criminal. Sure, there might be a dozen (or even hundreds or thousands, depending on the test you do) people in the world that match, but the chances that someone would have been identified as a suspect through non-DNA traditional police methods AND be one of those dozens (or hundreds...) are low.

    In other words, the proper way to use DNA testing is to use it in a Bayesian fashion with other evidence to seal the deal.

    Without safeguards in place to prevent misuse of the database (such as using it to pick suspects in lieu of finding suspects the old fashioned way), an incomplete DNA database is a major risk to your rights, if your DNA is included.

  47. Effective end to biometrics? by billsf · · Score: 2, Informative

    This indeed is one of the best decisions of the EU, particularly in that it ends the whole biometric scam, at least for here. Since DNA and fingerprints are the most 'stable' biometric measures, all other methods, disproved over 100 years ago, would seem to be included. The ramifications of this are great from ending (real)ID cards to George Bush's false "War on Terror".

    This is real change. Funny it starts in Europe.
     

  48. Re:I tried so hard to think up an insightful comme by __aasqbs9791 · · Score: 1

    I wonder, when we get someone like this in the US government, it is usually because the person (or someone close to them) has been the victim of a crime and this person feels an overwhelming sense of guilt and is trying to stop ALL crime (which is just silly, even if noble in some strange misguided way, since what they want is impossible). Does anyone know if this person is just a loon, or a loon that went through something traumatic? I'm actually curious about it.

  49. Re:Do I mind if the government keeps my DNA on fil by glennpratt · · Score: 1

    Well considering you said case, which I think a few people would assume to mean court case and the LATimes article didn't come up first with the query I used, nor did it refer to a specific case with a white and black man, I thought I'd ask for some clarification. Here's a link I found interesting after looking at that, though: http://leitermaninnocent.com/

  50. You're missing the point, I think by mcalwell · · Score: 1

    Although I heartily agree with the EU on this, I don't see it as a vindication of our ongoing membership.

    This (and many other matters), are deeply alarming developments in British democracy, but they have come about because of a constitutional failure, largely brought about by the dilution of our democracy and its compromise by our membership of the EU itself. There are many other factors, including the failure, malicious or otherwise, of our left-wing education system to educate people about their history and country.

    Sadly, I think leaving the EU is the prerequisite to rebuilding a very broken and disordered Britain and restoring faith in democratic institutions.

  51. Not a question of security vs privacy by A+Pressbutton · · Score: 1

    I just do not want to pay for this database through my taxes - much like the optional id card that looks like it will be illegal not to have quite soon.

  52. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 0

    Google Knows All â

  53. Re:Do I mind if the government keeps my DNA on fil by Oqnet · · Score: 1

    I reject arguments that innocent people have nothing to fear from invasions of privacy, but objections to this don't even seem to be based on one of those.

    Someone once said that you would be suprised how many people who think that their father is their father is really just their fathers friend. This database would be used to search for people with simular DNA as well as exact matches. Say you get a partial DNA hit on a crime only to find out that your father is not your father and that some one else commited the crime. It does target innocent people don't even think that for a second. Or that your brother and father are part of an investigation but you were somehow ruled out. It could break up a family it could tramatize a young adult. There is a reason we have privacy, sometimes it's the secrets of the parents that ruin the young but it shouldn't be up to the goverment to decide what secrets we should have or how they are told.

  54. Re:Wacky Jacqui might not agree by DragonWriter · · Score: 1

    Interestingly I've been seeing more and more of this type of language around the internet; my favourites are "Jaquiboot Smith" for the home sectary as it sums up my opinion of her, and "NuLab" because of the obvious Orwellian comparisons to IngSoc. I don't think it's flamebaitjust a concise way to sum up thoughs on the creeping authoritarianism of this new* Labour Goverment

    *how long can they justifiably continue to style themselves as "new"?

    Using incendiary epithets is flamebait.

    The fact that the incendiary epithets happen to comport well with your personal feelings doesn't change that (in fact, it would be odd to use an epithet which didn't.)

    If you want to make arguments about creeping authoritarianism without flamebait, then make the arguments without the epithets.

  55. Re:Breach of rights until... by TheGratefulNet · · Score: 1

    in the US, they call it "driving while black" and in some states, its an arrestible offense.

    see, the US is much like the UK. common heritage, I guess.

    --

    --
    "It is now safe to switch off your computer."
  56. Re:Wacky Jacqui might not agree by Anonymous Coward · · Score: 0

    It's flamebait if it's likely to attract flames. Given that even the Labour supporters I know think the current offering are a bunch of wasting, wannabe dictators, I can't say it's really going to be attracting flames from anyone...well, outside of the Labour party.

  57. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 0

    The DNA is one small part of a much wider problem, while there has been a small victory for these men on the dna records kept it doesn't address the records which will be kept till their 100th birthday of the original incident.

    It's rather depressing to read the following link

    http://gizmonaut.net/bits/suspect.html

    but perhaps not anywhere near as bad as

    http://www.telegraph.co.uk/news/3548795/Jean-Charles-de-Menezes-inquest-Family-protest-as-jury-sent-out-to-consider-verdict.html

    "Sir Michael Wright, the coroner, has already withdrawn from the jury the option of a verdict of unlawful killing. The 11 jurors will consider two outcomes: either that Mr de Menezes was lawfully killed or an open verdict. "

    Is it better in your country?

  58. Re:I tried so hard to think up an insightful comme by Anonymous Coward · · Score: 0

    I can't find any information about anything remotely nasty happening to her so I'd bet she's just a loon.

  59. Re:Do I mind if the government keeps my DNA on fil by Penguinisto · · Score: 1

    That argument has never really held weight with me. Do you also advocate gay people remaining in the closet? After all, if people know that they are gay, then if the government decides to execute gay people, they are fucked. How about atheists? People who wear glasses?

    Unless you can show me a government repository or list of folks who are gay, wear glasses, athist, etc... such an argument doesn't really hold all that much water, yanno?

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  60. Re:Wacky Jacqui might not agree by M-RES · · Score: 1

    *how long can they justifiably continue to style themselves as "new"?

    For as long as they're right wing Tory bar-stewards continuing the Thatcherite rape and pillage of the working classes!

    Note to mods - this isn't polemic, it's documented fact ;)**

    **for reference see the latest NuStasi attempts to reduce benefits payments to single mothers who have a 1 year-old child by 40% if they're not 'actively seeking work and can demonstrate a clear plan of action to this end'

  61. Re:Do I mind if the government keeps my DNA on fil by M-RES · · Score: 2, Insightful

    Tuttle != Buttle

  62. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 1, Interesting

    Have you ever heard of a census? In the UK, you can be fined £1000 for not taking part, and it includes both religion and sexuality. As for people wearing glasses, at the very least, everybody who gets their glasses through the NHS will be on record.

  63. Re:Breach of rights until... by M-RES · · Score: 1

    People who argue against their own rights never fail to amaze me. The only logical explanation is that due to the phallus on their forehead they don't consider themselves humans!

  64. right or wrong - does not matter by Lazy+Jones · · Score: 2, Insightful

    The sad truth is that whether the court agrees with tne notion that it's a breach or rights or not, even if authorities will be prohibited from using the existing database officially, everyone knows that some authorities (MI5, MI6) will keep on using and sharing it ... It exists, so the damage is already done.

    --
    "I love my job, but I hate talking to people like you" (Freddie Mercury)
  65. Re:I tried so hard to think up an insightful comme by M-RES · · Score: 1

    In response to your final 3 words (modern, free society), can I point you to this article by Mark Steel? ;D

  66. Re:I tried so hard to think up an insightful comme by Anonymous Coward · · Score: 0

    Maybe so, but if she carries on with these tactics to alienate the proletariat from the Central Party Members, then she may just find that something DOES happen to her. You see, The War Against Terror (henceforth T.W.A.T.) is fake, so they need to CREATE enough anger that the population boils over to give them something REAL to hold up and say, 'See, we told you so' and introduce yet more fascist measures of repression. Once we remove the T.W.A.T.-mongers from power normal service shall resume.

  67. Re:Breach of rights until... by dedeman · · Score: 1

    Human rights fanatics never stop amazing me.

    And government oversight/police state fanatics never stop amazing me. What people like you don't seem to realize is that when you say that it's ok to give away your rights, you're saying that it's ok to give away mine, as well.

  68. Re:I tried so hard to think up an insightful comme by chrb · · Score: 1

    She also wants to outlaw prostitution between consenting adults, and get the Women's Institute to spy and report on amorous young women throughout the country.

    Unfortunately the motives of the Conservative party in opposing the laws you list are just as suspect - Conservatives opposing 42 days detention for terrorist suspects? Have you ever met a Conservative who was pro-terrorist-suspect rights? Or being against CCTV nationally, but Conservative councils all over the country implementing CCTV? Or being against ID cards in 2008, but backing them in 2004, with Michael Howard apparently wanting to introduce them during the last Conservative government?

    I can't help feeling that if their current roles were reversed, both Conservative and Labour would still feel quite at home...

  69. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 0

    I mean, what is the government going to do with my DNA?

    Plant it because it hates you for stealing its girlfriend.

    Oh, did you forget the government is staffed entirely by people?

  70. Re:Do I mind if the government keeps my DNA on fil by sjames · · Score: 1

    You're forgetting, evidence gets used to convict you, not to set you free.

    I DO object to my DNA being kept on file. I do not want to become a favorite suspect just because my DNA coincidentally turns up at a crime scene.

    That's the issue here (to me anyway). It's not an objection to the police properly using DNA evidence to solve crimes, it's about police improperly using DNA to send people to jail.

    More subtly, I do not want the police to think of my DNA ans a sample that hasn't been involved in a crime yet .

    NIH can have my DNA for research purposes, as soon as they can absolutely assure me that neither police or insurance companies will ever get their hands on it (preferably by destroying any data they have linking my identity to the sample).

  71. Re:Do I mind if the government keeps my DNA on fil by Penguinisto · · Score: 1

    Two words: "no preference".

    The UK does have problems with privacy - big time. That much I certainly agree to.

    That said, the Brits (Heaven bless 'em) have been notorious for lying to census takers ever since the original Domesday Census, in spite of the penalty back then of instant execution by the crown. :)

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  72. Not that much. by Anonymous Coward · · Score: 1, Informative

    The UK uses the SGM+ system of DNA profiling which only looks at 13 markers in the genome plus gender. I can't imagine that that takes up *too* much space.

  73. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 0

    "your library borrowing list that shows you have a penchant for lycanthropic porn"

    where is your library?

  74. Re:Do I mind if the government keeps my DNA on fil by janrinok · · Score: 1

    Why do the police need my DNA records then.....? Haven't they tried a Google search for 'Sex attack, , , who is the offender?'

    --
    Have a look at soylentnews.org for a different view
  75. This is not just a hypothetical situation by Another,+completely · · Score: 2, Interesting

    In one recent case, using fingerprints this way, the FBI arrested someone from Oregon for the Madrid train bombing. After 17 days in jail, he was released because Spanish police found the real source of the fingerprint. FBI apology here: http://www.fbi.gov/pressrel/pressrel04/mayfield052404.htm

    News coverage here http://www.msnbc.msn.com/id/5053007/ (or do a search; there's enough out there).

    The evidence they presented was that his fingerprint partially matched one found on another continent. I don't think reports said he is known even to have left Oregon. What would have happened if the Spanish police had not been so successful? That's why it's dangerous to have these databases in place. Not because they can't be useful, but because they will be used incorrectly.

  76. Most people in the UK supports Big Brother. by jotaeleemeese · · Score: 1

    I think it is not a coincidence that George Orwell was British.

    People in this country come in opinion polls as very supportive of intrusive ideas like ID cards, DNA databases and all other kind of intrusive powers.

    It is funny how East European migrants explain to the locals very often how much those measures remind them of the good old days pre Berlin Wall fall.

    And still people in the UK will not get it...

    --
    IANAL but write like a drunk one.
    1. Re:Most people in the UK supports Big Brother. by M-RES · · Score: 1

      The trouble with the 'polls' you mention is that they are more often than not engineered to produce certain results through the careful choice and wording of the questions - framing the discussion. If you try to discuss issues outside of the officially sanctioned framework you're dismissed by the mainstream media as a loony, militant, conspiracy theorist or terrorist. This ensures that the media can widely disseminate the results of these polls safe in the knowledge they'll reflect the preordained outcome.

      One classic example of this kind of poll question would be something like: "When did you stop beating your wife?" (A) A month ago, (B) Last week, (C) Yesterday. There is no answer (D) I have never beaten my wife.

      The answers in that example would all suggest a widespread problem of wifebeating with no alternative viewpoint. It's like the leading questions asked by the BBC's 'Have Your Say' forum on their website - you're lucky if a comment you make to question the validity of the original proposition ever makes it past the moderators.

  77. Re:Wacky Jacqui might not agree by Weedlekin · · Score: 1

    "how long can they justifiably continue to style themselves as "new"?"

    They'll do so until nobody alive remembers "old Labour", i.e. a party which, like the Conservatives and Liberals during the same period, actually had people in it who entered politics because they believed in the core principles of the parties they belonged to, and stuck to those principles irrespective of whether they happened to be popular with the press or not.

    Of course, all that's in the past now, because we've entered the period of the self-serving career politician whose only principle is "what's best for me", which at the moment largely consists of being a vizier in Emperor Murdoch's court. Note that I'm not just referring to New Labour here, because the same thing is true of today's Tories and LibDems as well.

    --
    I'm not going to change your sheets again, Mr. Hastings.
  78. Re:Wacky Jacqui might not agree by VJ42 · · Score: 2, Insightful

    I think either you missed my point, or I didn't express it well enough. My point is that if people talk about "NuLab" or "Zanu Laour" doing x, y or z then you know they think that the action they are taking are more comparable to IngSoc or Mugabe's ZanuPF as opposed to those of a responsible political party of government in a western democracy. It's a hyperbole and a quick comparison to show your disgust at the action, not a detailed analysis of the situation. Either way, it's not really flamebait to anyone execpt Labour party members anyway (and after her statement yesterday it seems even some of them would be happy with the OP's description of Jacqui Smith as "Wacky Jaqui").

    --
    If I have nothing to hide, you have no reason to search me
  79. Re:I tried so hard to think up an insightful comme by CmdrGravy · · Score: 1

    This is the Jackie Smith who is also too scared to walk around her own consituency without a bullet proof jacket on, even when she has a police escort !

    It looks like she's basically planning on ignoring this ruling anyway, things will stay as they are she says, until she has considered her options.

    I thought Blunkett and his crazy ID scheme were bad but this woman really does take the biscuit, she is immune to debate and is quite clearly going to carry on doing exactly whatever she likes until someone stops her.

  80. Not UK wide by magpie · · Score: 1
    This does not apply to the whole UK, Scotland already destroys DNA taken from those acquitted or not brought to trial and only holds the DNA of those found guilty (In most cases).

    Thank you devolution.

    1. Re:Not UK wide by TheMonkeyhouse · · Score: 1

      This is nothing to do with devolution. Scots law has always been independent from English and Welsh Law. Also for education and healthcare etc etc.

      It is also, from what i know, superior in most ways, except for the 3 verdicts and 15 jurors which causes problems.

      http://en.wikipedia.org/wiki/Scots_law

  81. Police powers by dugeen · · Score: 0

    This is excellent news - since New Labour gave the police the power to arrest people for trivial offences, large numbers of people who were never even subsequently charged had DNA samples forcibly taken and added to the database. Hopefully we can progress from here to dismantling the other parts of the police state New Labour have created.

  82. Re:Do I mind if the government keeps my DNA on fil by rizole · · Score: 1

    People who wear glasses? PEOPLE who wear GLASSES?! Specky little bastards; make me sick!

  83. Re:Wacky Jacqui might not agree by Anonymous+Brave+Guy · · Score: 1

    see the latest NuStasi attempts to reduce benefits payments to single mothers who have a 1 year-old child by 40% if they're not 'actively seeking work and can demonstrate a clear plan of action to this end'

    That isn't "rape and pillage of the working classes". For one thing, that person is not working. We should invent some new classes in the system. Let's call them the "scrounging off everyone else" classes.

    This whole attitude of bailing out people who screwed up (invariably at the expense of those who made wise decisions and lived within their means) is really starting to get on my nerves now. I have no debts, I rent because I can't afford to buy a home yet, I haven't had kids yet because I don't have enough money saved up to support them as well as I would want to, and what savings I have are invested either in sound companies that make real products (not financial institutions and the like) or in interest-bearing bank accounts. And for living within our means this way, my partner and I are getting screwed almost daily at present, as the government bails out failed financial institutions, underwrites people who took out mortgages they couldn't afford to repay, and so on. We are penalised for being financially sensible, while those who made poor judgements are rewarded at our expense. This is exactly the wrong way to run an economy!

    Don't get me wrong: I'm no Labour supporter. But on the score of dramatically reducing the freebie hand-outs they've invented/increased over the past decade, I agree wholeheartedly.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  84. Re:I tried so hard to think up an insightful comme by mpe · · Score: 1

    I can't find any information about anything remotely nasty happening to her so I'd bet she's just a loon.

    Except apparently "Wacky Jacki" isn't considered mad enough to be "sectioned", at least not yet. Personally I'd love to see her arrested and held as a "terrorist suspect". Considering the creativness which has been shown when it comes to this there should be no problem keeping the entire Cabinet out of everyone's way until the end of January.

  85. privacy is far from contrary to democracy by Anonymous Coward · · Score: 0

    to say that privacy is contrary to democracy is completely illogical.

    the foundations of democracy are founded by philosopher John Stewart Mill and the harm principal, or the greatest amount of good for the greatest amount of people. Or, hedonism.

    It is my belief that it is not in societies best interest to keep a database of the most personal of all information. It does harm to society when they are in fear of the govt, and the power they hold. It swings the pendulum in favor of the govt, which is totally counterintuitive of democracy, which is power to the people. Please prove me wrong.

  86. Not sure by jandersen · · Score: 1

    I'm not sure that DNA archives are all that bad. Many of the fears that are discussed seem a bit insubstantial if you think about it. I don't think I buy the one about privacy fears; the only one I can see that may be real is that insurers might use certain genetic markers as an excuse for not providing insurance, but there are ways around that, such as universal, public health care, which I am sure is going to be adopted everywhere.

    The benefits, on the other hand, are substantial, not least in identifying people and relatives, but even more in medical and other research. Quite apart from that, I think there are many who would be very curious to know as much as possible about their own genes; I wonder how many would simply volunteer their DNA to a national - or even international - permanent register? I probably would.

  87. privacy is a foundation of democracy by Anonymous Coward · · Score: 0

    to anyone trying to argue for the case of more powerful govt, i believe you should read about the harm principal, or in other words, the founding text of democracy. This philosophy drafted by John Stewart Mill, was the root from which democracy grew. And this philosophy would NEVER support government databases of any kind keeping tabs on the public.

    One thing is for sure, how many top tier government workers have their DNA in the database? I would venture to say close to 0.

    check this out for your own knowledge, it will make you a smarter, more complete and able bodied critical thinker.

    http://en.wikipedia.org/wiki/Harm_principal

  88. Re:Wacky Jacqui might not agree by DragonWriter · · Score: 1

    My point is that if people talk about "NuLab" or "Zanu Laour" doing x, y or z then you know they think that the action they are taking are more comparable to IngSoc or Mugabe's ZanuPF as opposed to those of a responsible political party of government in a western democracy.

    Yes, and its still flamebait.

    If they want to make the argument about what actions are problematic and why those actions are problematic, then they can be part of a decent, productive, substantive discussion.

    Everything that is flamebait tells you what someone's opinion of something is. That something is a shorthand way of conveying opinion doesn't stop it from being flamebait.

    That something uses incendiary language to simply express a judgement rather than presenting an argument to support the judgement makes it flamebait.

    It's a hyperbole and a quick comparison to show your disgust at the action, not a detailed analysis of the situation.

    Hyperbolic expressions of disgust are, inherently. flamebait.

  89. horrid realisation by Anonymous Coward · · Score: 0

    I just saw your list of things Smith is responsible for.
    All (yes,ALL) of those have been implemented in the Netherlands over the last 5 years.

  90. Re:I tried so hard to think up an insightful comme by kim_rutherford · · Score: 1

    We can't put the blame on just her however

    Indeed. Gordon Brown appointed Jacqui Smith and she implements government policy. When those polices are popular with Middle England, the government claims credit. If the policies aren't popular, she will be blamed and the policies forgotten. If the policies are very unpopular, she will be moved to a minor cabinet post or to the back benches. Appointment to the post of Home Secretary tends to be a career limiting move.

  91. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 0

    I included that because people are so precious about things like their sexuality when it comes to talking about abusive governments, when the reality is that an abusive government can be a danger to just about every demographic, and attempting to keep private everything that an abusive government could possibly kill you over is impossible. If you don't believe me, read up on the Khmer Rouge. They murdered people who wore glasses because they represented intellectualism.

  92. Re:Do I mind if the government keeps my DNA on fil by Anonymous Coward · · Score: 0

    In the Jill Dando case there was a lot more evidence of the man's guilt, but it was mis-handled and inadmissible in court. In light of this, I don't think that is a good example. It is unfortunate the other evidence couldn't be used, but necessary to ensure innocent people don't get stitched-up by corrupt police.

    Don't get me wrong, I'm not in favour of the DNA database, just pointing out that was a bad example to use.