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House Votes To Expand National DNA Arrest Database

suraj.sun writes with this excerpt from CNET: "Millions of Americans arrested for but not convicted of crimes will likely have their DNA forcibly extracted and added to a national database, according to a bill approved by the US House of Representatives on Tuesday. By a 357 to 32 vote, the House approved legislation that will pay state governments to require DNA samples, which could mean drawing blood with a needle, from adults 'arrested for' certain serious crimes. Not one Democrat voted against the database measure, which would hand out about $75 million to states that agree to make such testing mandatory. ... But civil libertarians say DNA samples should be required only from people who have been convicted of crimes, and argue that if there is probable cause to believe that someone is involved in a crime, a judge can sign a warrant allowing a blood sample or cheek swab to be forcibly extracted."

29 of 341 comments (clear)

  1. Not right by Antisyzygy · · Score: 3, Insightful

    I dont believe that this is constitutional, or at least its not of the same spirit as the constitution.

    --
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    1. Re:Not right by characterZer0 · · Score: 3, Insightful

      So, what are you going to do about it? Nothing? Yeah, the government figured that out. The constitution is irrelevant.

      --
      Go green: turn off your refrigerator.
    2. Re:Not right by Bigjeff5 · · Score: 4, Insightful

      It is exactly the same, if more invasive, as fingerprinting. You get arrested, you get fingerprinted. Period. It stays in the database forever.

      I'm not sure how many people have tried to fight fingerprints, but there has obviously never been a successful constitutionality challenge against it. DNA is simply a more complete, and more invasive, fingerprint.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    3. Re:Not right by Mr.+Slippery · · Score: 3, Insightful

      It is exactly the same, if more invasive, as fingerprinting.

      It's not "exactly the same" precisely because it is invasive.

      The sovereignty of the state ends at my skin. Period.

      You want to put me in a "clean room" for a bit and then pick up any bits of hair and skin I leave behind? Ok, I won't resist, assuming it's a legit arrest. You want to take a microgram of living flesh from me? Fuck you, buddy. That's stepping over a bright, clear line.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  2. The house needs more rebels by RichMan · · Score: 5, Insightful

    I would like to add a line amendment that anyone running for any government elected position also be required to submit DNA to the database.
    What is good for the goose.

    1. Re:The house needs more rebels by Naturalis+Philosopho · · Score: 5, Insightful

      I'll go further. Anyone taking any public position at all should have to "submit"; including (especially) all law enforcement types. Heck, if the census-takers had all been DNA screened against the criminal database, I'd worry a bit less about the possibility of my family letting them into the house.

  3. Re:Action: by characterZer0 · · Score: 5, Insightful

    You know what to do, guys. Call into the anonymous tipline and accuse all of your Congressmen of burglary.

    FTFY

    --
    Go green: turn off your refrigerator.
  4. Sensible by KarlIsNotMyName · · Score: 3, Insightful

    Sounds about as sensible as registering as a sex offender some 18 year old who had consensual sex with a 17 year old.

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    We are all God's parents.
  5. Is there a move among police to "go warrantless"? by TheSpoom · · Score: 4, Insightful

    Seriously. Where is all this pressure to bypass warrants coming from?

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    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  6. Re:Action: by OhHellWithIt · · Score: 3, Insightful

    I didn't read through the entire bill, but the part I read talked about people arrested for sexual crimes and murder -- nothing about burglary that I could see. The biggest problem I have with it is that while it has a process for expungement of people who are acquitted or whose guilty verdict is overturned, I didn't see anything in there requiring states to initiate the process when one of these events occurs.

    --
    "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
  7. Re:Whatever happened to by oldspewey · · Score: 5, Insightful

    Somewhere in the Middle East, there is a group of Al Qaeda operatives sitting around smoking hookah under a banner that reads "Mission Accomplished"

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    If libertarians are so opposed to effective government, why don't they all move to Somalia?
  8. Re:Is there a move among police to "go warrantless by girlintraining · · Score: 4, Insightful

    Seriously. Where is all this pressure to bypass warrants coming from?

    An apathetic citizentry kills democracy faster than any group's ambitions.

    --
    #fuckbeta #iamslashdot #dicemustdie
  9. Re:"Not one Democrat voted against" by Anonymous Coward · · Score: 5, Insightful

    You can vote right wing or you can vote left wing but both wings are on the same bird.

  10. Here we go by markdavis · · Score: 5, Insightful

    This is just a horrible, horrible idea. And once the government gets a hold of your DNA:

    * You will have no idea what it is used for, by whom, nor how often
    * You will never really be able to get that data removed
    * You will be put in a position to have to prove innocence instead of being assumed innocent
    * You are giving up yet more control over your life and privacy to the government
    * The data WILL be used to make assumptions about you
    * Your DNA data WILL be unreasonably searched, every time a search is done, and without probable cause
    * The data WILL be shared with other agencies- state and fed
    * The data WILL be leaked in one way or another
    * The data WILL be used to also implicate others in your family with "close" DNA profiles

    There are lots of other ramifications, these are just the ones that pop into my mind immediately. Perhaps it is time to Email/Fax/Call your Senator and tell them what you think before the House gets its way... http://www.congress.org/congressorg/directory/congdir.tt http://www.senate.gov/general/contact_information/senators_cfm.cfm

    1. Re:Here we go by markdavis · · Score: 3, Insightful

      Oh, I totally agree with you. Fingerprinting of innocent arrestees is also a serious problem and I STRONGLY oppose it for many of the same reasons I strongly oppose collection of DNA from non-proven-guilty felons.

      DNA, however, is even worse. Like fingerprints, you leave it around everywhere, but unlike fingerprints, DNA gives them a huge wealth of information about you in the DNA, itself. Fingerprints say almost nothing about someone, they can just be used as an identifier.

    2. Re:Here we go by markdavis · · Score: 3, Insightful

      You are assuming they are only going to take a small portion of the sequence (which at this time is probably true). BUT, at the rate computing is advancing, it will not be difficult to get an entire sequence in the future. And once sampling becomes mandatory and "accepted" they will sequence more and more of it as technology improves.

      You are also assuming they are ONLY storing the small sequence. What if they store the sample, itself? Then it can be resequenced, more fully, at a later time. It doesn't take much physical space to store a dried drop of DNA-containing material.

      And... I am strongly opposed to the collection of fingerprints of non-proven-guilty-felons, for many of the same reasons. Just because it is "accepted practice" doesn't make it right.

  11. Senators by MobyDisk · · Score: 3, Insightful

    The United States Senate thinks sharing photos is risky, but sharing DNA is okay. To become a US Senator, is it a requirement to lose all sense of perspective?

  12. We are looking to tone ours down by Gonoff · · Score: 3, Insightful

    In the UK, we are about to start toning our database down.
    You are unfortunate as you don't have any real Liberals in your government as we now do...

    --
    I'll see your Constitution and raise you a Queen.
  13. Re:Whatever happened to by bill_mcgonigle · · Score: 5, Insightful

    Darn, the 'insightful' meter stops at 5.

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  14. Re:Action: by The+Archon+V2.0 · · Score: 5, Insightful

    The biggest problem I have with it is that while it has a process for expungement of people who are acquitted or whose guilty verdict is overturned, I didn't see anything in there requiring states to initiate the process when one of these events occurs.

    In other words, it's like the TSA banned flyers list. Easy as hell to get onto, impossible to get off of. Throw in "poorly maintained" and "prone to errors/misfiles" and we'll have the TSA list all over again, except one that juries believe because they saw something about DNA on CSI.

  15. Stuff you'll never see in the USA by rsborg · · Score: 4, Insightful
    From link:

    "It is outrageous that decent, law-abiding people are regularly treated as if they have something to hide," Mr Clegg said.
    "It has to stop."
    He said the ID card scheme, national identity register and second generation biometric passports would be scrapped.
    "We won't hold your internet and email records when there is just no reason to do so," Mr Clegg pledged.
    "CCTV will be properly regulated, as will the DNA database, with restrictions on the storage of innocent people's DNA...

    Would this ever happen here in the US (you know, the home of the free)?

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  16. Re:Just as we're getting rid of it... by Darkness404 · · Score: 3, Insightful

    I find it ironic that the US should decide to introduce this measure under a new government when the old one was notorious for abuse of authority.

    You live in the UK though, there are major differences between the political parties, the Labour, Conservative, Liberal Democrats, SNP, Plaid, etc. With the US there are no ideological differences, the only difference is who pays them more. For example, "green" businesses have paid a lot of money to the democrats, therefore they support "green" jobs. Etc.

    They only have differences when it is politically convenient. For example, stem cell research and abortion.

    The largest 3rd party (the Libertarian party) has no representation in congress.

    One of the first proposals brought up by our new coalition government, indeed one of the points where both parties agreed on almost everything despite their general political differences, was a "Freedom Bill". That will basically be a mass repeal of all the draconian, intrusive, guilt-assuming laws that the previous lot brought in under a climate of fear that they perpetuated more effectively from the corridors of power than any terrorist group ever could. Introducing safeguards so that innocents' DNA is removed from the database in a timely fashion will be an acid test of that bill: they've talked the talk, now will they really follow through?

    Well of course they will have to follow through, because you have a political system that, despite its flaws, gives representation to third parties so everyone's political views can be represented. In the US, if you vote for a "third party" you are throwing your vote away (more or less), in the UK if you vote for a "minor" political party, chances are they will have at least some representation in government.

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    Taxation is legalized theft, no more, no less.
  17. Re:Is there a move among police to "go warrantless by AK+Marc · · Score: 3, Insightful

    There must be some cause that motivates them to even propose these bills.

    The people want it. They like to feel safe. The appearance of safety makes them feel even safer than real safety. So to get reelected, officials push for things that increase the appearance of safety. Their constituents support that.

  18. The UK is finally getting DNA retention right by UpnAtom · · Score: 4, Insightful

    Your DNA reveals a lot about you and so unauthorised access to is a clear invasion of privacy, which could only be justified by any protection against crime it causes.

    Furthermore, any national database which can act as a primary index for further information held on you is a genuine totalitarian threat.

    The outgoing Labour Government, which has been repeatedly noted on /. for its frightening attacks on UK liberty, insisted that the retention of DNA of innocent people was necessary to stop serious crime. However, after 9 years of retaining the DNA of innocent people, this hadn't even aided in the solving of a single serious crime.

    The new coalition Government is committed to only retaining DNA of convicted criminals and temporary retention for those charged with violent and sexual offences, a model already applied in Scotland.

    It should be noted that DNA is retained from crime scenes and that DNA of arrestees is checked against that before being destroyed. This is a world apart from the blanket retention that the outgoing Goverment pretended was necessary to solve certain cases.

  19. Re:Is there a move among police to "go warrantless by Anonymous Coward · · Score: 3, Insightful

    Don't need a movement per se. Because human nature is to consider personal rather than societal impact, it's perfectly natural for police and prosecutors to support this kind of BS. (Fortunately, they don't get to make the laws, but IMO their voices carry far more weight than they should.)

    Red tape is an unpleasant part of any job, and as an honest cop, of course you're not going to go for a warrant until you're damned sure you're right anyway, so it must feel like a waste of time at best (when you offer evidence to support probable cause, and they issue a warrant), and downright obstructionism at worst
    (when, for whatever reason (good or bad -- some judges are corrupt, too), they won't give you the warrant, even though you _know_ you're right). So, yeah, it streamlines your job and lets you catch bad guys quicker; what could be wrong with that?

    Same thing, more or less, for the prosecutor's office; he gets appointed/elected to put bad guys behind bars, and (assuming he's honest) he's not even going to prosecute someone unless he knows they did it. But with juries being so reluctant to convict, a little more evidence to lock the case up solid is often beneficial, and never hurts.

    (Of course, if you're a crooked cop or prosecutor, then it's even more obvious you won't like warrants... ;))

    Then the politicians, of course, have a choice: they can support the law, appearing tough on crime, caring about the children*, and avoid being blamed by police or prosecutors for hindering them in the fight against crime.

    Or they can oppose it, saying something about personal freedom, limited government, due process, and innocent-until-proven-guilty -- granted, this will win favor with the far-right gun-toting libertarian kooks, and the far-left pot-smoking libertarian kooks. Then in the next election, their opponent will rip them a new orifice or two by locating a single criminal who would have been caught one crime sooner if the law had passed (or, if the law did pass, one who was caught by it and presumably would still be at large otherwise), and making a series of campaign ads out of it.

    Guess which way they go?

    * note that sex offenses against a minor are included as well as sex offenses capable of earning more than 1 year sentence.
    Are there any 1yr sex offenses against children, and if so, should they be lumped in this class?
    Who cares -- "sex offenses against a minor" means you are protecting our children!

  20. Re:Whatever happened to by s0litaire · · Score: 4, Insightful

    It's now:
      "You're guilty of something; We've Just not decided what it is yet..."

    --
    Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
  21. Re:The downside of a DNA database by pavon · · Score: 3, Insightful

    The chances of two given people having the same DNA fingerprint are tiny. So if the police already suspect someone of a crime, based on other reasons, then a DNA fingerprint match is good corroborating evidence.

    However if you look for everyone that has the same DNA fingerprint as your sample in an entire city/state/country, you will almost certainly find multiple matches. In this case, the DNA match means absolutely nothing, but Jurors will treat it with the same weight as they did in the first case, because they don't understand statistics. Combine that with the fact that the defendant has had prior arrests (that's how he got in the database) and that is often enough to secure a conviction of an innocent man, even more so if he is poor and/or black.

    Our justice system already convicts too many innocent people. Giving the government a tool that will result in more is a horrible idea.

  22. "Not one Democrat voted against" by evilWurst · · Score: 4, Insightful

    "Not one Democrat voted against" seems an odd way to word it. Why not actually give the totals? There are 435 Representatives, but the given 357 yes / 32 no count only adds up to 389. That means the difference of 46 were conveniently absent or didn't vote. And there are currently 253 Democrats and 178 Republicans in the House, so that means even if all the nonvoting ones this time were Republican, fully 100 Republicans voted for it. (And I'd like to hear the excuses of the members who didn't vote, from both parties).

    I can't call a bill that more than half of the opposition voted for anything but bipartisan, so why word the results in a partisan way? The blame should correctly fall on *all but the 32 who voted no*.

  23. Re:The downside of a DNA database by markdavis · · Score: 4, Insightful

    And third, you can be FRAMED with DNA. It is not difficult, and it is hard to "prove your innocence", which seems to be the necessity now. I can frame someone with DNA far easier than trying to frame them with fingerprints...