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New York State Passes DNA Requirement For Almost All Convicted Criminals

New submitter greatgreygreengreasy writes "According to NPR, 'Lawmakers in New York approved a bill that will make the state the first to require DNA samples from almost all convicted criminals. Most states, including New York, already collect DNA samples from felons, according to the National Conference of State Legislatures. What's remarkable about the New York bill is that it would expand the state's database to include DNA from people convicted of almost any crime, even misdemeanors as minor as jumping over a subway turnstile.' Gattaca seems closer than we may have thought. Richard Aborn, one of the bill's backers, said, 'We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.'"

260 comments

  1. My first thought: by jm007 · · Score: 5, Insightful

    Who is making money from this?

    1. Re:My first thought: by fuzzyfuzzyfungus · · Score: 2

      Perhaps they could hire SAIC to build the database for them!

    2. Re:My first thought: by erroneus · · Score: 4, Interesting

      My first thought was "what's this 'Almost All' thing?" As in who gets excluded? The friends and families of politicians and big business people?

    3. Re:My first thought: by Tsingi · · Score: 5, Insightful

      Who is making money from this?

      An excellent first question.

      We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals.

      I'd like to point out both violent and non-violent criminals start out as human beings, so if we just get DNA from all human beings, we will have it when they become violent criminals.

    4. Re:My first thought: by N1AK · · Score: 4, Informative

      Probably not far enough from the truth :(

      A bit of me almost wishes they'd just require DNA from everyone and try and get it over with. Either the populace would finally fight back and reclaim some rights or we'd give up the illusion of privacy and at least get some of the benefits that come with that. In the UK you can have DNA taken after being arrested, never get charged and still find it virtually/effectively impossible to get your DNA off of the database.

    5. Re:My first thought: by Moryath · · Score: 5, Insightful

      Remember, "they're all guilty of something" is the standard credo of cops and prosecutors. You can be guilty of something and not even know it thanks to the fucked up state of law in the USA.

      The goal of a program like this is to DNA-code the entire populace, which is ridiculous.

    6. Re:My first thought: by Anonymous Coward · · Score: 0

      Posting anonymously for no karma. Here's the same Don't talk to police video all as one part. http://www.youtube.com/watch?v=6wXkI4t7nuc

      --simcop2387

    7. Re:My first thought: by interkin3tic · · Score: 1

      So... you want EVERYONE to have the privacy of their DNA taken away... so that we'll dispel the illusion that we have privacy...

    8. Re:My first thought: by arth1 · · Score: 1

      I don't think it's so much about making money as the conservative propensity to divide the world into "them" and "us". By classifying "criminals" as "them", it justifies pretty much anything.

      If they followed their own logic for the justification to its logical conclusion, it would be that one should DNA test everyone who has never been convicted of anything. After all, a staggering 100% of all first-time-convicts are previously unconvicted.

    9. Re:My first thought: by eminencja · · Score: 1

      My first thought: Taking DNA is taking part of your body. So is habeas corpus gone?

    10. Re:My first thought: by GmExtremacy · · Score: 2

      I'd like to point out both violent and non-violent criminals start out as human beings, so if we just get DNA from all human beings, we will have it when they become violent criminals.

      I've actually seen people who said they want this to happen. Not really a surprise. Typical "nothing to hide, nothing to fear" attitude.

  2. The steps. by Kenja · · Score: 4, Funny

    1. Pay to have your DNA sequenced.
    2. Copyright your DNA sequence.
    3. Get arrested, convicted and have your DNA taken.
    4. Sue like your the MPAA.
    5. Profit?

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:The steps. by Anonymous Coward · · Score: 4, Informative

      Here in Scotland, the police take your DNA for speeding and then keep it regardless of conviction.

    2. Re:The steps. by jonwil · · Score: 1

      I suspect that it would be impossible to copyright your DNA and have it hold up. But if someone DID manage to do what you suggested, they would either get a law passed that prohibits copyrighting of DNA or they would get a law passed that allows law enforcement to violate copyright on DNA when required to do their jobs.

    3. Re:The steps. by Tsingi · · Score: 1

      I'd like to point out that this makes no sense.

    4. Re:The steps. by Sperbels · · Score: 2

      Silly rabbit. Copyrights only work for rich people.

    5. Re:The steps. by Sperbels · · Score: 3, Insightful

      So let me imagine how this would work.

      Company (say, FreeDNAAnalysis.Com) starts offering free DNA sequencing so you can find out what diseases your predisposed to. But you have to accept an agreement that's so full of legalese that you don't read it/can't understand it. What it basically does is copyright your DNA and grant them the right to sell it to anyone. They acquire more DNA from other sources, such as law enforcement, or other government agencies who are collecting the data.

      Then entities start buying this data. Insurance companies, or drug marketers, DHS, or whoever stands to make a profit from knowing that you have a family history of depression, ADHD, schizophrenia, heart disease, murder, whatever.

      You, being a smart fellow, had the foresight to copyright your DNA beforehand. But your DNA was taken and sold off to FreeDNAAnalysis.Com because of a speeding ticket you had back in 2019.

      Now the insurance company wants to jack up your rates because FreeDNAAnalysis.Com says your DNA makes you at risk to develop irritable bowel syndrome. You'll need an expensive lawyer in order to even be heard by anyone besides a call center drone in India. You'll need to give the lawyer your house to actually sue. And even then you'll probably lose. So you give up and just pay the extra $20 in insurance costs, which, when spread out of millions of people equates to a small rise in quarterly profits and bumps up the stock price of all of the companies involved.

      You, unknowingly own some of the stock in your 401k, but it's not enough to amount to shit.

    6. Re:The steps. by izomiac · · Score: 4, Informative

      Well, a big problem with this requirement is that DNA isn't sequenced for identification. That's far too expensive (for now), but would allow for accurate identification excluding mosaics and twins (the former is likely underestimated in frequency since it's rarely relevant outside of this sort of analysis).

      The traditional method is to chop DNA at known uncommon sequences so you get several pieces, run them on a gel that separates them according to size, and see if the sizes and number of fragments match-up. This works because humans have a few variable length repeats that vary in size and change with each generation (an over-simplification, e.g. the repeats often expand if the mother has the gene but not the father). Modern DNA analysis is a bit more sophisticated, but the underlying principle is the same.

      So, how frequent are false positives? In an analysis of Arizona's 65,000 inmates researchers found 122 9/13 matches, 20 10/13, 1 11/13, and 1 12/13. Some of these were relatives but it's hard to say how many given the study was anonymous. So, it's a low rate but not low enough to use as police would like. I'm sure it'd be very easy to find some DNA at a crime scene, run the DNA search, find one person that matches and lives in the area, and arrest them for the crime.

      It's hard to argue that it's a false positive if you live a block from the crime scene and fit the physical description, but merely because people don't understand statistics very well. (E.g. if it turned out to be an 80 year old Chinese lady and not a 20-ish Black guy that resembled the description, then nobody would arrest her.) And, prosecutors are going to argue the one in 108 billion theoretic odds, without any deeper understanding of the statistics and genetics that make false positives more likely.

      Setting aside, for a moment, that I have tons of non-genetics issues with such a law, I must say this is premature. In a few years we'll be able to cheaply sequence DNA and have far more accurate identifications. Furthermore, we may be able to find genes and such that make violent behavior more likely, thus aiding research. So it's illogical to adopt this technology now rather than when it actually works well in a few years. It's not like the military immediately started commissioning Wright flyers as bombers and scouts.

    7. Re:The steps. by Anonymous Coward · · Score: 0

      Wouldn't copyrighting your DNA make it publicly available anyways, just not copyable ? I don't think they care where it's coming from as long as they have access for comparison.

    8. Re:The steps. by Anonymous Coward · · Score: 0

      4. Sue like your the MPAA.

      5. Learn the difference between "your" and "you're".

    9. Re:The steps. by Anonymous Coward · · Score: 0

      If Scotland is in the EU, they're probably running afoul of EU directives such as 95/46/EC. Ever visited Luxembourg? The area around the EU courts of justice is lovely this time of year.

    10. Re:The steps. by Anonymous Coward · · Score: 0

      So you never get away Scot-free ?

      I just wait until court, I cross-examine the officer, and then the police get to take as much of my DNA as I can pump into their supple lips that day.

    11. Re:The steps. by stephanruby · · Score: 1

      Here in Scotland, the police take your DNA for speeding and then keep it regardless of conviction.

      I guess this may be useful for really high speed crashes, when your car, your body, and your teeth, are completely impossible to recognize (this is Scotland after all, a place not known of its dental care), and there is only one long streak of blood on the pavement that remains -- everything else vaporized.

    12. Re:The steps. by Anonymus · · Score: 1

      You know, it's probably a good thing the US has a medieval health care system, because fear of insurance costs going up is pretty much the only objection I ever hear for DNA tracking.

    13. Re:The steps. by Anonymus · · Score: 1

      False positives aside, the real fun is going to start when DNA becomes the only tool police know how to use (because everyone is in the DNA database). Then, all you have to do to frame someone is borrow their hairbrush.

  3. Does that Apply to Bankers? by Anonymous Coward · · Score: 1

    Is this for white collar criminals too? Oh wait, the rich don't go to jail, they just make settlements.

    1. Re:Does that Apply to Bankers? by walkerp1 · · Score: 0

      Oh wait, the rich don't go to jail, they just make settlements.

      You should contact Madoff and Blagojevich with your astounding insight.

    2. Re:Does that Apply to Bankers? by Relayman · · Score: 1, Funny

      The rich in New York don't go to jail, they just make multi-million dollar bonuses.

      FTFY

      --
      If I used a sig over again, would anyone notice?
    3. Re:Does that Apply to Bankers? by Anonymous Coward · · Score: 1

      Madoff ripped off the rich ofcourse he went down, Blagojevich doesn't fall into in the rich category: http://www.celebritynetworth.com/richest-politicians/democrats/rod-blagojevich-net-worth/

    4. Re:Does that Apply to Bankers? by jhoegl · · Score: 3, Informative

      Nice comparison arguments...
      Madoff pissed off so many rich, and it was so public that no doubt it lead to where it went.
      Blagojevich is an insane person who somehow got elected, and was Governor of a state that had three other convicted Governors in the past 30 years. So, he was also a message to the government to stop dicking around with Illinois. Oh, and he is guilty.

    5. Re:Does that Apply to Bankers? by Hatta · · Score: 5, Insightful

      Please. Wake me up when Lloyd Blankfein gets charged under RICO.

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    6. Re:Does that Apply to Bankers? by courteaudotbiz · · Score: 2

      The problem with those two is that they stole, or tried to steal, money from OTHER rich people. Other rich people get angry, have them sent to jail.

    7. Re:Does that Apply to Bankers? by jellomizer · · Score: 1

      For most of the Rich they are not breaking Criminal Laws, they are more often sued under Civil law.
      Criminal Law people can go to jail have a criminal history.
      Cival Law People pay money.
      It is Murder vs. Wrongful Death.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    8. Re:Does that Apply to Bankers? by betterunixthanunix · · Score: 1, Redundant

      For most of the Rich they are not breaking Criminal Laws

      [citation needed]

      --
      Palm trees and 8
    9. Re:Does that Apply to Bankers? by doston · · Score: 1

      Yeah that's two out of two million.

    10. Re:Does that Apply to Bankers? by jellomizer · · Score: 1

      Citation needed for the inverse.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    11. Re:Does that Apply to Bankers? by betterunixthanunix · · Score: 1

      Well there are enough laws on the books that for any given person, you can find at least one felony offense that they have committed. Look it up yourself if you do not believe me -- not only are there numerous overly broad laws, but there are so many laws in effect right now that the government itself has actually lost count:

      http://online.wsj.com/article/SB10001424052702304319804576389601079728920.html

      --
      Palm trees and 8
    12. Re:Does that Apply to Bankers? by walkerp1 · · Score: 1

      All jokes aside though, let's shame a few of the rich guys. I'll open with Strauss-Kahn, Michael Jackson, and Ted Kennedy.

    13. Re:Does that Apply to Bankers? by stewbee · · Score: 1

      So my question is, what is going to happen to Blago's hair now that he is in prison. Will it stand the test of time there and still look perfect? Will it be able to deflect bullets? Will he donate it to charity?

      I am going to miss the comedy he has provided over the last three years to the fine state of Illinois.

    14. Re:Does that Apply to Bankers? by Nutria · · Score: 1

      Michael Jackson, and Ted Kennedy

      Ummm, that'll be a bit difficult.

      --
      "I don't know, therefore Aliens" Wafflebox1
    15. Re:Does that Apply to Bankers? by CaptainLugnuts · · Score: 0

      In what, 10-15 years he can run again? Maybe he'll run a fantastical re-election campaign and we can all enjoy it.

    16. Re:Does that Apply to Bankers? by 517714 · · Score: 2

      The sad truth is that with the difference in the burden of truth between civil and criminal law AND the fact that the state collects a fine, there is ample reason for governments at any level to file civil rather than criminal charges. The latter generates no revenue, but does incur the cost of prosecution and incarceration. Sadly this makes the state an accomplice after the fact in many of these cases, and the victims do not recover their lost money. The wrongdoers have come to see paying the government as another form of taxation, "crime tax", but because the profits are so high, it works out nicely for them. In most cases the perpetrator agrees to pay a settlement without admitting to wrongdoing.

      The SEC "agreed"not to file criminal charges against Fannie and Freddie or Mudd. The Wall Street Journal had a nice "Overview of the problem."

      A google search for "WSJ civil criminal charges -BP -Madoff" will turn up enough to keep you busy all day.

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    17. Re:Does that Apply to Bankers? by brainzach · · Score: 2

      Bankers already have to register their fingerprints with the US government so DNA testing is not that farfetched.

    18. Re:Does that Apply to Bankers? by Translation+Error · · Score: 4, Funny

      Is this for white collar criminals too? Oh wait, the rich don't go to jail, they just make settlements.

      Actually the rich will be subject to DNA collection; however, the procedure will be slightly different.

      The government will send over a special 'collection agent' who is trained to collect the subject's DNA in a manner that is both pleasant and non-intrusive (unless the subject is into that). To further ensure that the subject is not overly stressed, the collection process will take place at either their home or an expensive hotel. Finally, to show all the people whining about special privileges for the wealthy that rich people aren't above the law, everyone with sufficient wealth will be subject to frequent and vigorous retesting.

      --
      When someone says, "Any fool can see ..." they're usually exactly right.
    19. Re:Does that Apply to Bankers? by Anonymous Coward · · Score: 0

      Wake me up when Lloyd Blankfein gets charged under RICO.

      Oh look, another person who thinks he understands RICO.

      Lloyd Blankfein won't get charged because he didn't do anything wrong. He has an army of lawyers who understand the law, and knew exactly how far he could go without breaking the law. He was careful to stay exactly in the law. That is why he won't get charged.

    20. Re:Does that Apply to Bankers? by Anonymous Coward · · Score: 0

      and Ted Kennedy

      I tried, but Mary Jo Kopechne couldn't be reached for comment.

    21. Re:Does that Apply to Bankers? by Hatta · · Score: 1

      Sure, and Mafia bosses can afford huge teams of lawyers and all sorts of misdirection to avoid actually being implicated. This is what RICO is for. If you are a member of an organization that has a pattern of comitting crimes for profit you are guilty under RICO. It's obvious that this applies to Lloyd Blankfein.

      No, the real reason Blankfein won't be charged is because our government is thoroughly corrupt.

      --
      Give me Classic Slashdot or give me death!
    22. Re:Does that Apply to Bankers? by Anonymous Coward · · Score: 0

      Will there be DNA tasting too?

  4. Why is this different than fingerprints? by Drummergeek0 · · Score: 2

    I just don't get the fearmongering.

    --
    http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
    1. Re:Why is this different than fingerprints? by Tastecicles · · Score: 3, Informative

      Fingerprinting is old and mature tech. DNA profiling is still very new, and not very reliable (when you're talking about 1:300,000,000 error in the most detailed profiling that's currently used, however rarely, that's not very reliable. Even less reliable when you're using 32 markers or even 16, when the error ratio goes down to 1:4,000,000 and 1:100,000 respectively). What makes it *even less reliable* is the absolutely pitiful methods employed to maintain records of custody of samples - cross contamination is a real danger, both in transit and inside the lab. Fingerprints can be a: taken on scene, b: sent through an AFIS terminal and c: matched ON SCENE. The chain of custody is limited to *1* and the possibility of cross contamination of the sample is ZERO.

      --
      Operation Guillotine is in effect.
    2. Re:Why is this different than fingerprints? by jm007 · · Score: 2

      Fingerprints are only good for identification.

      DNA carries much more information about a person. As technologies improve in the genetics industry and with human ingenuity for dastardly deeds, it's not hard to conceive of how this information could be abused.

      Once you're in the system, there's usually no way out. Be very cautious about things with things that can't be undone.

    3. Re:Why is this different than fingerprints? by Anonymous Coward · · Score: 1

      Because, unlike fingerprints, DNA can be used for a lot more purposes.

    4. Re:Why is this different than fingerprints? by Rinisari · · Score: 1

      Collection of fingerprints is wholly non-invasive. Is the collection of DNA?

    5. Re:Why is this different than fingerprints? by Attila+Dimedici · · Score: 3, Insightful

      It isn't, but the idea of fingerprinting got well established before we realized how unreliable a way of identifying people it is. Fingerprinting is a decent way of establishing the identity of someone in a setting where you can take their fingerprints in a controlled fashion and compare them to a record of fingerprints taken in a similar manner. However, it is a terrible way of establishing the identity of the person who left fingerprints at a crime scene. There was a study done a few years back where they submitted fingerprint samples to ten experts over a period of time. Only two of the experts returned the same results for the same sample when it was resubmitted to them (with them believing that it was a new sample).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    6. Re:Why is this different than fingerprints? by tiberus · · Score: 4, Insightful

      While it may be a bit a paranoia, it is certainly not fear mongering. Fingerprint data which is merely an image of the swirls, loops, etc. that make up your finger print basically only one use to show that someone (or thing) left a print a certain location and then to show you are or may have been the person that left that fingerprint.

      Your DNA on the other hand is a veritable cornucopia of information. It can reveal your genetic sex, relate you to your family members (who may also be in the database), tell if your a risk for a disease or cancer, a carrier for sickle cell anemia, the list go on and on and well on.

      This is a slippery slope issue. New York states that no one else will have access to the information, at least not today. Researchers, medical companies want and eventually ask for and may be granted access to this information to be used to benefit them, not us.

      Also consider that processing DNA is much more involved and technically challenging fingerprints, that concerns already exist about chain of custody, accuracy of the information kept and generated...

      I simply can't see this ending well.

    7. Re:Why is this different than fingerprints? by Anonymous Coward · · Score: 1

      Scraping some cheek cells?

    8. Re:Why is this different than fingerprints? by Tastecicles · · Score: 1

      97% of the human genome is "junk" DNA. What does this mean? Simply, that any company who wants to patent a genetic sequence based on junk DNA can do so with no complication.

      What I don't get is why all this padding? Is/was "God" a programmer for Microsoft?

      Jokes aside, it also means that your DNA, for all intents, belongs to someone else. You're just renting it.

      --
      Operation Guillotine is in effect.
    9. Re:Why is this different than fingerprints? by Anonymous Coward · · Score: 1

      I just don't get the fearmongering.

      Welcome to slashdot. The opinion of many in this community might be characterized as: The government should not have a thick file on every person. Only Google should have such info. ;-)

    10. Re:Why is this different than fingerprints? by Beardo+the+Bearded · · Score: 1

      What I don't get is why all this padding? Is/was "God" a programmer for Microsoft?

      Comments. Not our problem you don't understand the language.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    11. Re:Why is this different than fingerprints? by Hotawa+Hawk-eye · · Score: 2

      What would a criminal need to fake your fingerprint at a crime scene?

      What would a criminal need to fake your DNA at a crime scene? A piece of hair from a brush or comb or from your last trip to the barber shop? A few flakes of skin that they could collect from you as they brush past you in on a crowded subway terminal or restaurant?

    12. Re:Why is this different than fingerprints? by Babbster · · Score: 3, Insightful

      Fingerprinting is old and mature tech.

      So are acupuncture, astrology, and polygraph interpretation. I wouldn't put a lot of stock into age as a measure of reliability.

    13. Re:Why is this different than fingerprints? by UnknownSoldier · · Score: 1

      > 97% of the human genome is "junk" DNA.

      That is an assumption. Just because you don't understand the language doesn't mean what little you do know somehow invalidates the majority you don't.

      i.e.
      http://www.psrast.org/junkdna.htm

      In time we will learn how to read it non-linearly because it has been encoded multidimensionally.

    14. Re:Why is this different than fingerprints? by gurps_npc · · Score: 1
      1. Fingerprints are far MORE accurate.

      2. Fingerprints don't reveal private family information (WHAT! I'm ADOPTED! You mean I'm actually the son of Charles Manson????)

      3. Fingerprints have a proper amount of critical thought. Every single DNA sample the cops use is technically a "Partial DNA Analysis" (They only decode 13 loci, not the millions of DNA loci you have.) When you talk about fingerprints, if it is a partial, they make sure to say "Partial Print"t. They never bother to say "Partial DNA analysis", they just lie and say "DNA analysis"

      --
      excitingthingstodo.blogspot.com
    15. Re:Why is this different than fingerprints? by bobbutts · · Score: 1

      Dexter did it (on TV) by taking a toothbrush.

    16. Re:Why is this different than fingerprints? by blindseer · · Score: 1

      I believe your faith in fingerprinting is misplaced.

      After doing some reading on how fingerprints are taken, stored, matched, etc. I have lost much faith in the process. The example you gave, matching prints on scene in a controlled environment, would be a very accurate means to verify identity. Outside of that the error rate in fingerprinting rises quickly.

      --
      I am armed because I am free. I am free because I am armed.
    17. Re:Why is this different than fingerprints? by Anonymous Coward · · Score: 0

      Thanks for that math. I have always wondered what the odds of the 13 point markers and such for current DNA profiling was.

      Since there are 3 Billions base pairs in Homo Sapiens DNA and we share 98% of them with Chimps (the Chimp did it!!) and 99.5% amongst all Humans, leaving only 3 Million base pairs to distinguish all 7 Billion humans on the planet. And each base pair is going to be one of two types. That they then go and use 13-32 markers to try and distinguish all 7 Billion of us is ludicrous.

      Yeah the OP showed math on 65K people in the prison system. Now take that up to a large metro area and show me a pool of 10 Million people. I am sure that you get more than one 13/13. My brother (non twins) and I probably hit 13/13.

    18. Re:Why is this different than fingerprints? by The+Wild+Norseman · · Score: 1

      What would a criminal need to fake your fingerprint at a crime scene?

      What would a criminal need to fake your DNA at a crime scene? A piece of hair from a brush or comb or from your last trip to the barber shop? A few flakes of skin that they could collect from you as they brush past you in on a crowded subway terminal or restaurant?

      Apparently, this isn't as far-fetched as you'd believe...

      http://www.nytimes.com/2009/08/18/science/18dna.html?_r=1

      And this is from 2009, too.

      "Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.
      The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person."

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
  5. My body, My Rights, My DNA by DEFFENDER · · Score: 1

    I refuse to believe this is is constitutional. A policing body taking my genetic code and doing god know what with it if I jay walk or look at a cop wrong? Lets see how this silly piece of paper hold up in court.

    --
    Careful what you say around me.. I will assume you mean it.
    1. Re:My body, My Rights, My DNA by olsmeister · · Score: 0

      As long as there isn't any incriminating genetic engineering in your DNA, you shouldn't have a problem with this.

    2. Re:My body, My Rights, My DNA by cpu6502 · · Score: 1

      Watch Gattaca (where people are denied jobs simply because they have bad genes, even though doing that is technically illegal). I'm not saying we've reached that stage yet but why would I want to have my DNA in a government database waiting for that future to arrive?

      I don't want my DNA "out there" anymore than I want to use my real name on the internet so google can develop an easily-searchable profile of my actions. This DNA collection reminds me of what the East German police did -- collecting millions of specimens (hair, saliva, etc) in bottles so they could track their citizens every move. If you dropped a hair at a store and it later became a murder scene, you were quickly identified through those samples and imprisoned. It didn't matter if you were just a shopper.

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    3. Re:My body, My Rights, My DNA by Beardo+the+Bearded · · Score: 1

      I don't want my DNA "out there" anymore than I want to use my real name on the internet so google can develop an easily-searchable profile of my actions.

      That's why I may or may not have shaved.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    4. Re:My body, My Rights, My DNA by mark-t · · Score: 1

      It was my understanding that it was *NOT* illegal within the premise of the movie.

      It's interesting to note that laws prohibiting that type of discrimination only came out *after* that movie was in theaters.

    5. Re:My body, My Rights, My DNA by cpu6502 · · Score: 1

      Rewatch the first 15 minutes of so. It is illegal for corportions to collect DNA and use it to screen-out candidates. (Except of course they did it anyway, and there was no way for the government to stop them.)

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    6. Re:My body, My Rights, My DNA by DaveV1.0 · · Score: 1

      Please explain in detail what part of the Constitution of the United States would be violated if DNA was collected from a convicted criminal.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    7. Re:My body, My Rights, My DNA by Anonymous Coward · · Score: 0

      If I was to put this into a constitutional mindset, it would fall quite well under the fourth amendment. Remember, they don't intend to simply put this information on a shelf and use it when you become a suspect. They intend run your DNA against every piece of DNA evidence that comes in the door, in my mind that is a "search" of your person, hundreds or thousands of times a day. There may also be Sixth amendment issues with DNA evidence. Despite what many people believe most current DNA sampling techniques do not produce absolutely unique DNA ID's for individuals. Globally there are likely dozens or hundreds of profiles that would match yours. Profiles where considered to be unique originally because there were so few people with their DNA in the system, and even then DNA was only run on suspects specific to a certain case. Nowadays with comparisons being run against tens of thousands of suspects the FBI's own Forensic DNA statistics board has recommended a graduated statistic, the FBI has thus far fought that recommendation tooth and nail. And as courts have consistently prevented any challenges to the validity of DNA identification, you can't exactly confront your "accuser" (the DNA evidence).

    8. Re:My body, My Rights, My DNA by Anonymous Coward · · Score: 0

      Of course, it makes sense not to send someone with a bad heart condition into space. We make our astronauts pass pretty rigorous physicals to get the chance. Using DNA to see someone's health potential for jobs such as that are almost inevitable.

    9. Re:My body, My Rights, My DNA by cpu6502 · · Score: 1

      True but the point of the movie is that the main character may have had bad DNA, but he still passed all the physical tests & intelligence tests.

      They would have rejected a good candidate. People should be judged upon what they can DO, not the code in their cells. (I've known many people who had high IQ but were lazy, and did little with it.... vice versa many of low IQ have succeeded brilliantly in life.) Pre-crime is a bad idea and so too is pre-judging.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  6. Violent criminal studies by Anonymous Coward · · Score: 0

    and violent criminals also begin their lives by conducting in law abiding behavior, like drinking water. If we can catch law abiders early we can catch them before they turn into criminals.

  7. New York State's budget surplus by Anonymous Coward · · Score: 0

    I guess the economy must be booming with all these extra taxes that will fund this. Or they will just charge the accused for the "privilege" of using the justice system, and the debts will be collected when the accused borrows from their family or goes into the correctional system to "pay their debt" to society.

    1. Re:New York State's budget surplus by jellomizer · · Score: 1

      You swab your mouth. It gets shipped to a Lab. They put the swab in a machine that records key DNA records and saves it on a hard drive... This isn't a full GNOME match this only gets a few key elements enough to identify you. Compared to trying to solve a crime, you find DNA evidence then you need to use other means to track down the criminal to get their DNA so you can match them up. Taking Teams of people doing investigation to track down the person. Vs. getting the evidence sent that to the lab... You find a match and go and knock on the persons door with a warrant.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:New York State's budget surplus by pakar · · Score: 1

      And there are no cases where people have been innocent but still convicted just because there where a very strong suspicion that the person did it...

      Or how about that there are lots of people accepting rulings without a jury because they cannot afford a lawyer and accepting a 2 year probation sentence instead of risking going to jail and loosing everything they have.. Just getting arrested for something can cause havoc on people's lives, even if they are cleared of all wrong-doing..

      I could agree to something like this IF you could have something like "We suspect person X, is this person X DNA?" Yes/No... With this you could get the benefits of checking a group of 10 people quite fast, but it would not be allowed to search the entire database when this is known to cause false-positives.. But even if it started this way the politicians would screw it up too.

      The quote "Those who would sacrifice freedom for security deserve neither" seems fitting here..

  8. Interesting by ArhcAngel · · Score: 1

    So this applies to basically every person who voted for the law...

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  9. Clone Army in the making. by Anonymous Coward · · Score: 0

    Having a DNA of the most violent people in your database is the best way to conquer the world!

    1. Re:Clone Army in the making. by Anonymous Coward · · Score: 0

      Having a DNA of the most violent people in your database is the best way to conquer the world!

      As long as we have some paper on hand, we'll be OK.

  10. because unlike fingerprints, this one's not accura by poetmatt · · Score: 0

    DNA testing has been shown to be basically unreliable.

    Fingerprints are actually *more* reliable.

    Sounds great, huh.

  11. Wouldn't it be easier... by Swampash · · Score: 3, Insightful

    ...to just imprison everyone, and let out only those who can prove they haven't committed a crime?

    1. Re:Wouldn't it be easier... by Anonymous Coward · · Score: 0

      Wow.. Think of the reduction in traffic... And no more waiting at the DMV!! Hell yeah!

    2. Re:Wouldn't it be easier... by Tyrannosaur · · Score: 4, Insightful

      ...to just imprison everyone, and let out only those who can prove they haven't committed and will never commit a crime?

      FTFY

    3. Re:Wouldn't it be easier... by TheGratefulNet · · Score: 3, Insightful

      we are all, already, imprisoned.

      (deep thought for friday morning, I know).

      you are not free to move around and you are not free to do many things. sure, we have some token liberties given to us, as they often throw dogs a bone.

      but we are, in a very real sense, imprisoned. you can name many things you think you can freely do but I can probably name more things that we should be able to do and we can't.

      society is a balance of control and freedom. I think we jumped the shark a few decades ago and its been downhill on the freedom ride ever since.

      this just proves it, but in a more blatant and in-your-face way. they don't even try to hide it anymore.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:Wouldn't it be easier... by XxtraLarGe · · Score: 2

      ...to just imprison everyone, and let out only those who can prove they haven't committed a crime?

      DON'T GIVE THEM ANY IDEAS!!!

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    5. Re:Wouldn't it be easier... by Hatta · · Score: 3, Insightful

      There you go. That's the appropriate level of cynicism. Now are you going to keep voting for the same authoritarians, or are you going to make your voice heard by voting for a third party?

      --
      Give me Classic Slashdot or give me death!
    6. Re:Wouldn't it be easier... by mark-t · · Score: 1

      Easier, possibly... but only if you had a jail big enough to contain them all.

      And even then only if you had enough money to maintain the jail.

    7. Re:Wouldn't it be easier... by uncqual · · Score: 1

      Yes, but there would be no employees at the DMV (well, except the prison DMV) to assist you. Oh, wait, maybe that's actually a good thing.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    8. Re:Wouldn't it be easier... by icebraining · · Score: 1

      Bah. A proper cynic would say it's irrelevant who you vote for.

    9. Re:Wouldn't it be easier... by HornWumpus · · Score: 1

      If voting could change the system it would be illegal.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    10. Re:Wouldn't it be easier... by KingMotley · · Score: 1

      There may or may not be employees at the DMV, but I can't confirm that. I can however, with a high degree of certainty, state there are no employees at the DMV that are there to assist you. Collect a paycheck, perhaps, but to actually assist you? No.

  12. The UK already has this, and worse by SteWhite · · Score: 4, Insightful

    As usual for an invasion of privacy or violation of fundamental rights, the UK got there first. In England, you get your DNA taken and stored simply if you get arrested - you don't even need to be charged, let alone convicted.

    1. Re:The UK already has this, and worse by Anonymous Coward · · Score: 0

      That's a fucking atrocity.

    2. Re:The UK already has this, and worse by L4t3r4lu5 · · Score: 5, Informative

      As usual, this is not the whole story.

      Part of processing your arrest involves taking your biometric identifiers (fingerprints, DNA) and storing them. If you are not charged or are acquitted, you can apply to have your biometric data destroyed, although I understand this process is complex, lengthy, and almost always unsuccessful. This is obviously the wrong way to go about it, but it's the way it is.

      This is being challenged in the ECHR, if I remember correctly. Destruction without request on no charge or acquital would be a start, taking samples only upon conviction much better. However, it's all "to prevent terrorism" or "to protect the children", so I'm surprised they don't ask for an actual pound of flesh.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    3. Re:The UK already has this, and worse by timholman · · Score: 1

      As usual for an invasion of privacy or violation of fundamental rights, the UK got there first. In England, you get your DNA taken and stored simply if you get arrested - you don't even need to be charged, let alone convicted.

      So by that logic, the police shouldn't take and store the fingerprints of anyone they arrest, because they haven't been charged or convicted. Yet the police have been doing exactly that for more than 100 years.

      Those "fundamental rights" you complain about were lost a long time ago. All that has changed is that the police are now running a swab through the arrestee's mouth rather than inking his fingers, or forcing his hand onto a scanner.

      A common Slashdot meme is to complain how the general public panics over a new technology, even though nothing fundamentally changes in how people use it. So why are Slashdotters getting so worked up about DNA sampling? It is a logical outgrowth of modern technology applied to century-old police procedures.

    4. Re:The UK already has this, and worse by wonkey_monkey · · Score: 2

      That's a fucking atrocity.

      Rape. Murder. Torture. The collected works of Justin Bieber.

      Let's have a little perspective here.

      --
      systemd is Roko's Basilisk.
    5. Re:The UK already has this, and worse by Tastecicles · · Score: 1

      Problem is even if a decision comes from the ECHR the UK courts have said that they'll treat them as advisories and nothing more, to be discarded when it suits (have a look through decisions made in the Family Division of the High Court, particularly at Hague cases. Wall LJ himself went public stating that he spoke for the vast majority of judges in saying that ECHR had no jurisdiction in British courts and that their decisions would be summarily ignored).

      ECHR has no teeth in the British legal system.

      --
      Operation Guillotine is in effect.
    6. Re:The UK already has this, and worse by old+man+moss · · Score: 1

      When the European Court of Human Rights ruled that this was illegal in 2008 the UK government promised to delete the profiles of innocent people. But they backtracked in 2011 and decided to keep the profiles in "anonymised" form: where "anonymised" means a form that doesn't directly retain the person's name, but does retain the case barcode, so can be linked back to them with some effort.

      --
      rt
    7. Re:The UK already has this, and worse by MobyDisk · · Score: 4, Insightful

      Data cannot be destroyed. Truly destroying it requires significant skill and effort.

      This is a lesson society has learned from the computer age. While a record can be deleted, it is really still there. On the drive, on a backup, on someone's laptop, on a flash drive, in a cache file, in an email, or some combination. Laws exist to make it illegal for governments, service providers, telecoms to delete data. So once it finds it's way to certain points it is protected from deletion.

      If we really want DNA to not be held, then it must never be collected in the first place. And since it is so easy to do, and so prevalent it is unlikely that will ever happen.

    8. Re:The UK already has this, and worse by Anonymous Coward · · Score: 0

      Well, I for one, and I suspect many others, would say that storing non-convict fingerprints (and probably even non-felon) is wrong.

      But we weren't around to fight that when it came through -- we are around now, and have the chance to effectively fight this expansion of government powers. Yeah, we're not really fighting to stop the fingerprinting; there's this notion you may have heard, called "choosing one's battles"...

    9. Re:The UK already has this, and worse by shutdown+-p+now · · Score: 1

      Rape, Murder, Torture: The collected works of Justin Bieber.

      Fixed that for you.

    10. Re:The UK already has this, and worse by Anonymous Coward · · Score: 0

      So, the parent comment adequately summarized the whole story. Usually, when someone writes "this is not the whole story" they then add context that changes the character of the part-story. Your comment did not add anything to mitigate the summary, but did add supporting details.

  13. Criminals will be acting like superstitious folk by Anonymous Coward · · Score: 0

    from the middle ages --- horrifyingly worried about someone getting control over them 'cause they lost a bit of hair or a fingernail clipping or a bit of blood.

  14. Beginnings of a violent criminal by wheeda · · Score: 5, Insightful

    Most violent criminals have their beginnings as a crying baby. Ergo, we should collect DNA from all crying babies. This will allow our helpful government to keep us safe. I'm way more concerned about turnstile jumpers than our government collecting a little DNA.

    1. Re:Beginnings of a violent criminal by Anonymous Coward · · Score: 0

      'We know from lots of studies and lots of data that Megalomaniacs very often begin their careers as public officials. And the earlier you can get a public official's DNA in the data bank, the higher your chances are of apprehending the right person.'"

    2. Re:Beginnings of a violent criminal by Anonymous Coward · · Score: 3, Informative

      They already collect DNA samples from every infant born in New York State! This is done under a regime of genetic disease testing. However, the records are kept and not destroyed. At some point in the future, I expect this database and the criminal database to be linked (if they are not already).

      When my child was born, I tried to opt out and the hospital said it was mandatory. The state requires it. More info here: http://www.wadsworth.org/newborn/services.html

    3. Re:Beginnings of a violent criminal by NicknameAvailable · · Score: 0

      Mod Parent Up

    4. Re:Beginnings of a violent criminal by DaveV1.0 · · Score: 1

      Reductio ad absurdum? Really? No wonder people like you always lose the argument and never make headway.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    5. Re:Beginnings of a violent criminal by Anonymous Coward · · Score: 0

      In this case, the "reductio" is not required. The argument is already absurd. GP merely demonstrates the absurdity of it.

      Also, "reductio ad absurdum" is only a fallacy if the argument is premised on a false dichotomy.

    6. Re:Beginnings of a violent criminal by Anonymous Coward · · Score: 0

      While I follow the events in Syria and elsewhere with horror, I fail to get paranoid about the government here. I wouldn't mind giving my DNA to the government or having them record my every movement or monitoring my every monetary transaction and using that information to solve crimes. Ubiquitous incompetence notwithstanding, it should be easy build technological safeguards to guarantee only the right officials see the information for the right reasons. The government ultimately has the common good at heart.

      I am paranoid about Google, Facebook, Adobe, my local supermarket, my employer et al collecting any records on me. All of them want to reap a profit from you.

    7. Re:Beginnings of a violent criminal by Anonymous Coward · · Score: 0

      Citation, please.

  15. Scary because DNA tests are not unique by Anonymous Coward · · Score: 5, Informative

    DNA fingerprinting techniques 'can sometimes give the wrong results'
    Read more: http://www.dailymail.co.uk/sciencetech/article-1302156/DNA-fingerprinting-wrong-results.html#ixzz1pINb0FPk

    DNA's dirty little secret: http://www.washingtonmonthly.com/features/2010/1003.bobelian.html
    Typically, law enforcement and prosecutors rely on FBI estimates for the rarity of a given DNA profile—a figure can be as remote as one in many trillions when investigators have all thirteen markers to work with. In Puckett’s case, where there were only five and a half markers available, the San Francisco crime lab put the figure at one in 1.1 million—still remote enough to erase any reasonable doubt of his guilt. The problem is that, according to most scientists, this statistic is only relevant when DNA material is used to link a crime directly to a suspect identified through eyewitness testimony or other evidence. In cases where a suspect is found by searching through large databases, the chances of accidentally hitting on the wrong person are orders of magnitude higher.

    1. Re:Scary because DNA tests are not unique by jellomizer · · Score: 1

      However you can narrow your list down.

      Ok a crime happened in the Bronx. You match the DNA up you see one match belongs to one guy who lives in Queens, and an other from a guy who lives in Albany. Who do you question first?

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:Scary because DNA tests are not unique by betterunixthanunix · · Score: 1

      Based on the amount of traffic on the Triborough and Whitestone bridges, I would have to say the guy from Albany...

      </sarcasm>

      --
      Palm trees and 8
    3. Re:Scary because DNA tests are not unique by digitig · · Score: 2

      You don't bother questioning anybody. You arrest and charge the guy from Albany (came up first on the alphabetic list; don't even look to see if there are any other matches because that could compromise what follows), use DNA evidence to argue that the chance that it's not him is less than one in a trillion, secure a conviction on that basis, and chalk up one to your key performance indicators. If the guy from Queens commits another crime, you get him for that one and you have two crimes solved, whereas if you'd got him the first time you would only have solved one. Everybody wins (except the guy from Albany, but hey, he's a felon anyway -- he must be, he's been convicted).

      --
      Quidnam Latine loqui modo coepi?
    4. Re:Scary because DNA tests are not unique by Anonymous Coward · · Score: 0

      Ok a crime happened in the Bronx. You match the DNA up you see one match belongs to one guy who lives in Queens, and an other from a guy who lives in Albany. Who do you question first?

      The one who has the bigger tits.

    5. Re:Scary because DNA tests are not unique by Anonymous Coward · · Score: 0

      Yup. If you have 30M people in your DNA database and the odds of a match are 1:1M, then for every search you will find 30 matches. This is a very dangerous path to go down.

    6. Re:Scary because DNA tests are not unique by SpooForBrains · · Score: 2

      ARGH, PLEASE don't link to the Daily Mail as an authoratitive source for anything, ever, please. They routinely misrepresent the results of scientific studies (willingly, and ignore attempts to correct) in the name of sensationalism.

      The study they cite in that "article" is available here: http://www.newscientist.com/article/mg20727743.300-how-dna-evidence-creates-victims-of-chance.html

      --
      "The dew has clearly fallen with a particularly sickening thud this morning"
    7. Re:Scary because DNA tests are not unique by Anonymous Coward · · Score: 0

      ... except the guy from Albany, but hey, he's a felon anyway

      And the second victim the authorities chose not to protect so they improve their 'crimes solved' statistic.

  16. Horrible argument by Anubis+IV · · Score: 5, Interesting

    We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.

    I'm curious how many people who are generally considered to be law-abiding citizens have a misdemeanor at some point in their past which did not lead to later felonies. I'd really like to see that number, becaue I bet it would dwarf the amount of people who escalated their criminal activity to felonies later in life. How many criminals do you have to apprehend using these new samples to justify getting samples for all of those law-abiding folks?

    1. Re:Horrible argument by betterunixthanunix · · Score: 1

      I'm curious how many people who are generally considered to be law-abiding citizens have a misdemeanor at some point in their past which did not lead to later felonies

      Considering how everyone will commit at least one felony in their lifetime....

      --
      Palm trees and 8
    2. Re:Horrible argument by webheaded · · Score: 1

      Or how about the obvious sentiment that EVERYONE STARTS SOMEWHERE. No one starts out murdering people, for fuck's sake. You might as well claim that most criminals start out breathing air. Yeah...no shit.

      --
      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
    3. Re:Horrible argument by Anonymous Coward · · Score: 0

      I agree with you. However, the government does not consider itself to be in the business of not hassling innocent citizens. (To quote Unforgiven: "(with disdain) Innocent of what?") So there's no point in the calculus of protecting the rights of the innocent to not be unjustly searched (without their knowledge, by people and computers unknown at times and frequencies unknown, for purposes currently described as "catching violent criminals" but which it would be nearly impossible to prevent expanding).

      Also, lawmakers aren't big on calculus of rights anyway. They tend to be more touchy-feely types. As in "this feels like (something my voters will tend to, leading up to the next election, be easy to convince is ) the right thing to do."

    4. Re:Horrible argument by Anonymous Coward · · Score: 0

      Au contraire! May I present Tyrion Lannister?

    5. Re:Horrible argument by Anonymous Coward · · Score: 2, Informative

      There is a book "Three Felonies a Day". From the Amazon description "The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague."

    6. Re:Horrible argument by HornWumpus · · Score: 1

      When I was younger my life's ambition was to invent a new crime (it would be illegal after I got rich doing it).

      I have accepted that it is impossible due to all the vague laws.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    7. Re:Horrible argument by ShooterNeo · · Score: 1

      Just come up with a new financial scheme. Bonus points if it uses PDEs or quants heavily. While I'm sure some vague law would cover it, as long as you have sufficient legal protection you'll just have to pay a fine that is less than your profits when you get caught.

    8. Re:Horrible argument by stephanruby · · Score: 1

      I'm curious how many people who are generally considered to be law-abiding citizens have a misdemeanor at some point in their past which did not lead to later felonies.

      Unless those weren't misdemeanors to begin with, I can think of at least three well-known people: Bill Gates, Bill Clinton, and Laura Bush

      May be Bill Clinton is a bad example. I think many people would love to have his DNA on file (just in case it's ever needed again).

  17. why stop there? by droidsURlooking4 · · Score: 0

    For really violent criminals (that sign an agreement) they could make slave clones. Kind of like "The Island" but using the other end of the social spectrum.

  18. In theory... by Anonymous Coward · · Score: 0

    I wouldn't mind them taking convicted criminal's DNA, but only if they start with all elected officials.

  19. DNA recording should be done at birth. by Anonymous Coward · · Score: 0

    There really is no real reason not to do DNA analysis on every child born in the US. The medical research potential is unfathomable.
    Do you know why it's not done? Because it's a very accurate and irrefutable test of paternity. Wait, that's a good thing, right? Don't we want an accurate record of who the father is? It makes sense for a whole lot of reasons.

    There's a fact that polite society is not ready to accept, and that is that the amount of children that have the wrong father listed on their birth certificate is high.. Very high. Something on the order of 10-15% Infidelity is is a lot more common than people want to admit.

  20. Correlation does not imply causation by regdul · · Score: 1

    'We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.' Did anybody ever look at all then nonviolent "criminals" (people who jaywalk, ride the subway without paying etc...) DON'T become violent? I think they would find out it is the great majority.

    1. Re:Correlation does not imply causation by u38cg · · Score: 1

      Do you actually know that or are you just spouting off the top of your head? I would suspect the opposite. It doesn't seem unreasonable that once you have a conviction, you are a high risk for getting more. And this is crime we're talking about, not jaywalking.

      --
      [FUCK BETA]
    2. Re:Correlation does not imply causation by suutar · · Score: 1

      so you're suspecting that the majority of nonviolent criminals (let's go with shoplifting, since you seem to think that jaywalking isn't considered a crime) become violent criminals? Do you have anything to back up that belief?

  21. Re:because unlike fingerprints, this one's not acc by mosb1000 · · Score: 1

    DNA testing has been shown to be basically unreliable.

    There's nothing unreliable about DNA testing. They even employ controls to rule out laboratory contamination.

    Fingerprints are actually *more* reliable.

    A pseudoscientific method is not more reliable. They don't employ any controls in fingerprint analysis at all. No one who knows anything about this thinks fingerprints are more reliable in DNA. The difference is that with DNA they've taken steps to determine how reliable it is. With fingerprints, they haven't.

  22. The new permanent underclass: Felons by Paracelcus · · Score: 5, Insightful

    When you take away everything, you have nothing to lose! And someone with nothing to lose is the most dangerous thing in the world!

    --
    I killed da wabbit -Elmer Fudd
    1. Re:The new permanent underclass: Felons by Anonymous Coward · · Score: 5, Interesting

      When you take away everything, you have nothing to lose! And someone with nothing to lose is the most dangerous thing in the world!

      That's so right.

      Once you get a criminal record, you can never work again. Every employer - even for a shitty minimum wage job - requires background checks. Of course, everybody thinks that if you were arrested, you did something horrible - not that you had a joint and you were charge with possession, intent to distribute and even if you knelt on the ground and handcuffed yourself, you were also charged with resisting arrest.

      We live in a society that, when it comes to taxes, terrorism, drugs, and child molestation or the perception of it; you are guilty until proven innocent. And with the threat of long drawn out trials that are prohibitively expensive and a good chance of being convicted for something, folks take a deal; which ruins them for life.

      Prison isn't for rehabilitation: it's the initial punishment before you're condemned for life to poverty.

      Unless you're a banker or someone with great political connections - a 1%'er.

    2. Re:The new permanent underclass: Felons by DaveV1.0 · · Score: 1

      Perhaps one should not run around committing felonies.. I know, that is a radical concept, but it is a valid one.

      And, before you get all huffy, my girlfriend is in prison for being stupid and committing felony crimes.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    3. Re:The new permanent underclass: Felons by Anonymous Coward · · Score: 1

      I was talking to a manager in QT who would just give all felons the death penalty. Yes ALL felons the death penalty. And BTW this was Texas.

    4. Re:The new permanent underclass: Felons by oursland · · Score: 1

      Perhaps one should not run around committing felonies..

      Three Felonies a Day: How the Feds Target the Innocent

    5. Re:The new permanent underclass: Felons by DaveV1.0 · · Score: 1

      Yeah, I call bullshit.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    6. Re:The new permanent underclass: Felons by Paracelcus · · Score: 1

      Dave, you ARE A DROOLING, MINDLESS, DUMBFUCK!

      Wake up asshole and look around at where you are, pay attention, read somthing other than Sports Illustrated or People!

      The "authorities" frame, lie, suborn perjury, commit murder, torture, etc!

      And the "judicial" system is corrupt, capricious, political and arbitrary, through & through!

      --
      I killed da wabbit -Elmer Fudd
  23. Violent criminels don't make good soldiers by Anonymous Coward · · Score: 0

    Having a DNA of the most violent people in your database is the best way to conquer the world!

    Not really. Good soldiers tend to have good self discipline and good judgement. Two characteristics that probably do not correlate well with violent criminals.

    More importantly they already have the DNA of violent felons. The who point of the fine article is that they are now going to collect the DNA of non-violent minor criminals.

  24. Not going far enough. by tomthepom · · Score: 2

    'We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.'"

    We also know that violent criminals very often start their lives as children. The earlier we get every child's DNA into a data bank the higher our chances of living in a crime free paradise.

  25. Re:As a Canadian, I just decided by SJHillman · · Score: 0

    If you're from Quebec, good riddance. If you're from anywhere else in Canada, we'll miss you.

  26. Criminal career by Parelius · · Score: 1

    A study I completed recently found that a staggering 100% of criminals start out as non-criminals. If we can get non-criminal's DNA in the data bank, our chances of apprehending criminals will rise dramatically.

  27. The simple solution by stox · · Score: 2

    Death penalty for parking tickets!

    --
    "To those who are overly cautious, everything is impossible. "
    1. Re:The simple solution by Anonymous Coward · · Score: 0

      Death penalty for parking tickets!

      On the spot!

  28. Re:As a Canadian, I just decided by jellomizer · · Score: 1

    Why are you thinking about being a Criminal inside the United States? If so you can stay in Canada we don't want you.
    Sarcasm aside...
    Having your DNA on record isn't much different then getting your fingerprints taken, which will happen if you get arrested too.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  29. violent criminals very often begin their careers by cpu6502 · · Score: 2

    "as non-violent criminals"

    So that anti-piracy ad is correct? If I download a movie or buy bootleg DVDs from China, I'll eventually turn to hard drugs and killing? Wow. (That was sarcasm; the NY guy's statement is bull and backed-up with no facts.)

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  30. So.... by Anonymous Coward · · Score: 0

    So instead of working with non-violent offenders to identify and address the causes of crime, we are just going to kick them around some more under the assumption that if you jump a turnstile you are a worthless human destined to rape and murder; it's just a matter of time.

    I can see how apprehending the right person is the solution to the crime problem. Bravo.

  31. By that reasoning ... by Anonymous Coward · · Score: 1

    They should put the DNA of all politicians, lobbyists, and investment bankers into the database first.

    1. Re:By that reasoning ... by Anonymous Coward · · Score: 1

      Using a meat-grinder to get a really big and accurate sample..

  32. Who "owns" your DNA? by GodfatherofSoul · · Score: 5, Interesting

    One thing I'm worried about is the moment when the owner of these DNA databases figures out that they can start selling the information to stakeholders like drug companies. What rights do even felons have to ensure this sort of thing never happens?

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
    1. Re:Who "owns" your DNA? by Remus+Shepherd · · Score: 2

      Mod parent up. This is more than a rights grab by the police. It's an information grab by whatever company is doing DNA work for the police, and who probably lobbied hard to get this law enacted.

      --
      Genocide Man -- Life is funny. Death is funnier. Mass murder can be hilarious.
    2. Re:Who "owns" your DNA? by gurps_npc · · Score: 2
      Drug companies won't be interested, but law firms will be. Specifically family rights law firms.

      Specifically, full US DNA fingerprinting checks only 13 Loci, out of millions (if not billions). None currently are known to code for disease, and honestly it would be extremely unlikely for any of those 13 to code for disease.

      HOWEVER Those loci are inheritable, so you can tell whose father is whose. Which can lead to divorce and/or lawsuits over paternity payments.

      --
      excitingthingstodo.blogspot.com
  33. Scary Future World by doston · · Score: 2

    What's going to happen is a near-future supervillan will gain access to all criminal DNA and clone a new race of super criminals. And I, for one, welcome our new DNA cloned, super felon overlords.

    1. Re:Scary Future World by Nerdfest · · Score: 1

      I thought that's what Congress was. I had just assumed they hadn't got the 'highly intelligent' part working yet, and had opted for an extra measure of 'easy to control'.

    2. Re:Scary Future World by Anonymous Coward · · Score: 0

      The US Congress has a 80%+ re-election rate and you think they're all a bunch of idiots? Riiiight...

  34. DNA not accurate? by perpenso · · Score: 1

    DNA testing has been shown to be basically unreliable. Fingerprints are actually *more* reliable. Sounds great, huh.

    I think you need a citation from a credible source on that one? Are you perhaps thinking of the fact that there are different types of DNA tests with different levels of specificity? The less accurate tests are used more commonly for a first round of testing, not unlike blood types, to exclude a suspect. When trying to uniquely identify an individual the more accurate, and more expensive, tests are used.

    1. Re:DNA not accurate? by Anonymous Coward · · Score: 0

      It's not so much that it's not accurate,the problem is that DNA is incredibly easy to spoof

      1. acquire a few cells from someone (hair, skin, saliva...)
      2. grow them
      3. drop them at a crime scene
      4. profit!

  35. Somewhat hypocritical by Anonymous Coward · · Score: 1

    I find it funny that New York State on the one hand says it is ok for them to keep your genomic information and yet don't trust you to get your own sequenced. From Wikipedia:

    In April 2008, New York State's Department of Health sent warning letters to six online genetic testing companies, including 23andMe, notifying them that they cannot offer New York state residents genetic tests without a permit nor can they offer them without authorization from a physician.

    I think the NYSDOH should Cease and Desist their own government, I always love seeing bureaucrats at each other, distracts them from messing things up.

    1. Re:Somewhat hypocritical by zoloto · · Score: 1

      Hah. NYS trying to regulate an out of state agency. Fuck NY politicians.

  36. Future History by Anonymous Coward · · Score: 0

    Imagine, 5000 years from now, archeologists dig up a hard drive with this info. They realize what the data is, but not who it is from. They unknowingly begin to clone our most violent felons, wreaking havoc on world.

  37. Increasing police power by betterunixthanunix · · Score: 5, Interesting
    Let's see...
    • The attorney general's office has the power to declare laws, and then to enforce the laws that it declares
    • The police now meet the definition of a paramilitary force, and get large amounts of surplus military equipment from the US military each year.
    • Law enforcement agencies in America have vast, secret intelligence operations
    • Law enforcement agencies in New York are now known to have secretly monitored innocent people, for no reason other than their religion
    • There are so many laws in effect that the police can arrest almost anyone on a whim -- they are nearly guaranteed to find a violation it they simply watch a person go about their daily business. People have even been arrested and prosecuted solely for resisting arrest.
    • There are more prisoners in the United States than in any other country, including authoritarian countries with larger populations (China). Only the USSR and Nazi Germany had larger prison populations.

    Do you really need to ask why people are opposed to further increases in police power?

    --
    Palm trees and 8
    1. Re:Increasing police power by dkleinsc · · Score: 1

      Should also mention that the NYPD is particularly bad on the police state mentality:
      * Their attacks on peaceful protesters during Occupy Wall St, most notably Anthony Bologna pepper-spraying. Forget the First Amendment's assembly clause.
      * They're currently engaged in a massive program to spy on Muslims, all without a warrant, without even notifying the jurisdictions they're sending their officers into, and of course violating the First Amendment's free exercise clause by very explicitly targeting anybody who practices Islam.
      * The stop-and-frisk policy, where people (who are overwhelmingly black or Latino) just walking down the street are stopped and searched by police. Not because they're suspected of committing a crime, just because the officers feel like it. Roughly 90% of the 4 million people stopped this way were guilty of no crime whatsoever. Forget the Fourth Amendment's protections.

      And of course the occasional black or brown person shot to death by the NYPD for no obvious reason.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:Increasing police power by Kreigaffe · · Score: 1

      And in the end, it's the people of NYC that keep electing clowns that support these types of policies. Really, none of that is new. The details change but everything else is the same -- the people of NYC elect, time after time, people who consider the people of NYC to be children. The people of NYC, when it comes down to it and time and time again, vote for "safety" over freedom.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
  38. Re:because unlike fingerprints, this one's not acc by Kenja · · Score: 4, Interesting

    Fingerprinting has never been subject to a peer reviewed study for accuracy. It is just accepted that they are close enough to unique to work. In general, "forensic science" isn't science.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  39. You Degenerate! by na1led · · Score: 1

    So if my DNA is better than others, does that mean I'm worth more? Do I get better luck with the ladies?

    --
    -- By all means let's be open-minded, but not so open-minded that our brains drop out.
  40. Anonymous by jduhls · · Score: 1

    Can't wait till the Anon script-kiddies do an SQL-injection on THAT gov database and they post all our DNA's to the twitters. Crap.

  41. Why stop there? by IcyHando'Death · · Score: 1

    Richard Aborn, one of the bill's backers, said, 'We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.'"

    So when some senator discovers that youth who question authority are more likely to be delinquent, what then? Cotton swab for every child that talks back in class? Hair sample from any child that throws a tantrum at daycare.

    It's an undeniable fact that a comprensive DNA database of the citizenship would help police do their job. Obviously that's not the only consideration; if it were, why not give the cops unlimited power?

    The powers we give the police, like the power we give to anybody, should be meted out carefully with an eye to balancing the pros and cons. We should be asking ourselves: why are we considering more power for police? Crime has been trending down for decades. If anything, striking a better balance now would mean revoking powers, not adding to them.

  42. Not setting the bar low enough... by XxtraLarGe · · Score: 4, Insightful

    We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.

    We also know that nonviolent criminals begin their careers as noncriminals. Why not just require DNA samples from everyone?

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
    1. Re:Not setting the bar low enough... by Anonymous Coward · · Score: 0

      What about all the first time nonviolent crime offenders that do not commit further crimes?

    2. Re:Not setting the bar low enough... by hobarrera · · Score: 1

      Also, most of them drink and/or eat once in a while! Anyone fitting this profile should be sampled!

    3. Re:Not setting the bar low enough... by Kohath · · Score: 1

      Because felons and criminals forfeit some rights upon conviction. "Everyone" does not.

    4. Re:Not setting the bar low enough... by Anonymous Coward · · Score: 0

      An innocent man is just a criminal who hasn't been caught for something.

    5. Re:Not setting the bar low enough... by Kohath · · Score: 1

      So support small government and the repeal of the vast majority of all laws.

      There's no need to make life easier for genuine criminals. There's a clear difference between genuine criminals and the innocent.

  43. We know violent criminals... by Anonymous Coward · · Score: 0

    ... begin their careers as non-violent criminals, so let's test all the non-violent criminals. Oh, hey, violent criminals also start life as completely innocent. So we really should test all citizens!

  44. Even relatives are caught in the net by tomhath · · Score: 2

    When police finally had a lead on the BTK serial killer they obtained a sample of a relative's DNA because they didn't have enough evidence to get sample of his. I assume that will become one of the primary uses of New York's database.

    1. Re:Even relatives are caught in the net by blindseer · · Score: 1

      I agree. Taking the DNA of two known relatives is generally enough to make a statistical match close enough to rule out a large portion of the population. It might not be enough to separate a person from their sibling or first cousin but it should be enough to narrow the possibilities to a dozen or so people in the world.

      While I generally like the idea of criminals getting just punishment I do not believe the ends justify the means. Search of a DNA database is a search of the person. Search of this database without warrant is an unconstitutional search.

      --
      I am armed because I am free. I am free because I am armed.
  45. One better... by LoyalOpposition · · Score: 1

    We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.

    One of the little factoids that many people don't know--over 90% of all first-time criminals have never committed a crime before. That's why we need to get all the innocent people's DNA into a data bank--so we can increase the chances of apprehending the right person.

    ~Loyal

    --
    I aim to misbehave.
  46. often begin their careers after being born by Anonymous Coward · · Score: 0

    "We know from lots of studies and lots of data now that violent criminals very often begin their careers after being born. And the earlier you can get a person's DNA in the data bank, the higher your chances are of apprehending the right person." - an idiot

    And we haven't even begun to imagine the future abuses. People with gene abnormality ... are 0.001% more likely to become a violent criminal, we should start investigating them at birth. Heck maybe we'll tattoo some sort of symbol on their forehead to warn everyone, that's better than putting it on their clothes they could change those.

  47. Re:As a Canadian, I just decided by Hatta · · Score: 2

    Don't worry. If you break US law, I'm sure Canada will be happy to extradite you.

    --
    Give me Classic Slashdot or give me death!
  48. Convictions are all about reducing your rights by perpenso · · Score: 3, Insightful

    I refuse to believe this is is constitutional. A policing body taking my genetic code and doing god know what with it if I jay walk or look at a cop wrong? Lets see how this silly piece of paper hold up in court.

    Criminal convictions are all about reducing your rights, and your anonymity, from that point in time forward. If they can retain info like photos of your face, tattoos, scars and other distinguishing physical features; biological information like height, weight, fingerprints, blood type, medical conditions, etc ... then how is retaining info on your DNA something new and unprecedented? I'm a bit fuzzy on what is unconstitutional. Creepy yes, unconstitutional probably not.

    1. Re:Convictions are all about reducing your rights by Dare+nMc · · Score: 2

      The 2 issues, is that this is done prior to any conviction. The second is this is gathering of evidence for a crime that has 1) has not occurred 2) is requiring people to provide evidence against themselves solely on the assumption of a probable cause of nonviolent criminals may become a violent criminal.
      While I think a case could be made that taking your DNA may not in it's self be a violation, but taking it with the expressed reason of using it to be searched for every crime they investigate where DNA is found, then to be used against you in a court. This seams like a violation. While a photo is commonly used to ID, it is more of a probable cause search each time. IE they are not showing every mug shot... they are narrowing the search to similar crimes, and people in a narrow location. While the DNA database appears to be planned as a, Computer, go search them all, since it is probable a human was involved, search them all.

  49. If I were to commit a crime by Anonymous Coward · · Score: 1

    I'd collect a lot of random DNA beforehand and contaminate the crime scene.

  50. Re:violent criminals very often begin their career by Anonymous Coward · · Score: 0

    Oh it's much worse than that.

    I have conclusive evidence that 100% of Violet criminal, and 100% of repeat Violet offenders including 100% of sex offenders AND terrorists began their criminal careers as SUB-CRIMINALS. What is a sub-criminal (or SUBCRIM)? A subcrim is someone who thinks about committing a crime.

    Now, we are not at the stage of technological development where we can scan the thoughts of everyone to weed out the subcrims, but we can take everyone's DNA just in case. When we have 100% of the DNA in the country then we can easily weed out everyone who did not commit a crime. No more unsolved cases. No more criminals walking the streets. No more innocent people rotting in jail.

    Stamp out child abuse and terrorism in our time! Ask your legislator to pass the ANIT-SUBCRIM legislation now! THINK OF THE CHILDREN! REMEMBER 911!

  51. Boo Hoo for felons and criminals by Kohath · · Score: 1

    There's nothing wrong with collecting data on convicted felons and convicted criminals.

    There are thousands of laws that do worse things to completely innocent people.

    1. Re:Boo Hoo for felons and criminals by Bigby · · Score: 1

      I would agree until I get arrested for "Jaywalking" to save a child in the street. They take advantage of it to get my DNA. Then they reproduce it and frame me for treason. Within a year I am executed.

    2. Re:Boo Hoo for felons and criminals by Kohath · · Score: 1

      So your objections are 100% based on fantasy then?

    3. Re:Boo Hoo for felons and criminals by Qzukk · · Score: 1

      So your objections are 100% based on fantasy then?

      Less fantasy, more dystopian scifi.

      <LaFontaine>In a world of prosecutors who hide bloody bandannas, police labs that fake DNA tests, and cops busting down the wrong door and killing granny in the middle of the night, it isn't "fantastic" to suggest that a government employee may string together the same words in the same way as he did (though "treason" would be pushing it when there are thousands of unsolved rapes and murders that cops would love to close).

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  52. What about Family Members by AB3A · · Score: 3, Interesting

    So let's suppose you have a family with a checkered past. You have never been convicted of anything. However one day a partial match comes through and lo and behold, your father's DNA doesn't quite match, but they suspect a family member. Can they compel you to submit to a DNA test?

    Hasn't your father 's DNA just convicted you?

    In other words, old DNA evidence might be used on a fishing expedition to convict family members as well. Is that reasonable? I'm not so sure about that.

    --
    Nearly fifty percent of all graduates come from the bottom half of the class!
    1. Re:What about Family Members by Anonymous Coward · · Score: 0

      Andd so on to the third generation...

    2. Re:What about Family Members by Imrik · · Score: 1

      Rest easy, even if you were the one that committed the crime your father's DNA will probably match.

  53. The good news . . . by NicknamesAreStupid · · Score: 1

    Someday, the system may have the power to force absolute conformity upon all its people. Of course, this results in civil harmony but ends innovation and adaptation, which exhausts civilization, which ends humanity. Earth returns to its 'natural' state until the sun goes supernova and incinerates the planet. And now for the bad news . . .

  54. This is how we police state by Iamthecheese · · Score: 1

    From the point of view of the rich and powerful:

    Convicted criminals have few rights before or after they're imprisoned. In particular felons lose the right to vote.

    We won't be convicted of felonies. Our political donations, private police, security guards, well-paid lawyers and contacts prevent it.

    The more people we can define as felons the fewer voters we need to worry about and the more power we have. case in point: the marijuana lobby that never was.

    The more power the police have the better off we are.

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
  55. And friends of the President don't even ... by Anonymous Coward · · Score: 0

    Does that Apply to Bankers? Is this for white collar criminals too? Oh wait, the rich don't go to jail, they just make settlements.

    And friends of the President don't even get prosecuted.
    “Jon Corzine ... one of the best colleagues I had in the Senate and one of the best partners I have in the White House.”
    President Barack Obama, Oct 21, 2009.”

  56. Re:because unlike fingerprints, this one's not acc by mikechant · · Score: 1

    There's nothing unreliable about DNA testing. They even employ controls to rule out laboratory contamination.

    Of course, these controls are perfect:

    http://www.bbc.co.uk/news/uk-england-17324912

    Note that while this guy was not convicted:
    a/ His life was seriously fucked up
    b/ The police only queried the test when he repeatedly insisted he had never been to Manchester, where the crime was committed. If he *had* been (innocently) to Manchester at around the 'right' time this would not have occurred.
    c/ The lab initially denied there were any issues and insisted the match was correct, and the police proceeded to charge him based on this denial.
    d/ the lab *later* confessed to the contamination

    If it was not for d/, he would probably be banged up now, because the Jury know that "DNA is 100% reliable".
    He was *incredibly* lucky that the lab confessed - they could easily have covered this up, and I believe most organizations would do just that and see an innocent man jailed rather than risk losing lucrative police work.

    Also note they are now investigating to see if the same thing has already happened in previous cases and led to false convictions.

    ALL DNA testing laws should at the very least require that the crime scene DNA is tested at a seperate lab to the samples taken from possible perpetrators. But that won't happen because it costs money, which outweighs justice any day (certainly in the UK at present).

  57. Bad comparison to Gattaca by Anonymous Coward · · Score: 0

    Gattaca was about judgment of individuals, less about collection for comparison. The surveillance was there, true, but not quite in the same way.

    Note I am not endorsing the system of Gattaca.

  58. We know that dictotorships grow from politicians by Anonymous Coward · · Score: 0

    We know that dictotorships grow from politicians. Therefore, to stop future dictators-in-the-making, we must place a restraining bolt through every politician's neck.

  59. now let's have DNA samples for officials by ffflala · · Score: 2

    I'd like to propose an amendment to this bill that expands the requirements to every state employee who has to get the standard DOJ/FBI background security check that requires fingerprints.

    After all, it's perfectly reasonable to direct the very same concerns that concluded with this bill at the security screening process for state government employees as part of an enhanced standard background check. Do that, and it would go a long way toward addressing my concerns with this bill.

    Privacy issues notwithstanding, I happen to agree that there are mainly legitimate, beneficial uses for tracking DNA just as we do fingerprints. Once the governor, AG, cops, etc are all in the system, I believe they will have a much more of a vested interest in those very same privacy concerns.

  60. Re:As a Canadian, I just decided by Nutria · · Score: 1

    If you do not commit a crime, you should not get arrested and DNA profiled...

    Sarcasm, right?

    --
    "I don't know, therefore Aliens" Wafflebox1
  61. A newer bill will start collecting DNA at birth by alphred · · Score: 1

    One of the bill's backers, said, 'We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent noncriminals. And the earlier you can get a nonviolent noncriminal's DNA in the data bank, the higher your chances are of apprehending the right person.'

  62. Re:As a Canadian, I just decided by Anonymous Coward · · Score: 0

    Because, of course, the police are all heroes and never make mistakes, or have prejudices, blind spots or abuse power.

  63. What is being violated? by CPTreese · · Score: 1

    How is the government knowing your DNA sequencing a violation of privacy? Can it be used to get into you bank account? How about tracking your current location or what you might do with your free time? As far as I can figure the only thing any government can do with your DNA sequence is use it to compare against other DNA sequences. I would appreciate it if someone could give me an example of how DNA could be used for violating privacy.

    --
    If there is no God then free will is an illusion.
  64. Re:As a Canadian, I just decided by courteaudotbiz · · Score: 1

    Anything against people from Quebec? You know, it's not because some separatists hate the US and all the English speaking people that we are all like that.

  65. Kalifornia by Anonymous Coward · · Score: 0

    Here in Kalifornia...They collect DNA just for getting arrested for a Felony, irrespective if it gets instantly dropped at the preliminary hearing, because the charges are totally made up BS. No conviction required. Personal experience here, it's the real deal

  66. The Usual Suspects by ThatsNotPudding · · Score: 1

    Step out of line with the powers that be? Well, look at that! Your DNA just showed up at the scene of an unspeakable crime! What are the odds?

    1. Re:The Usual Suspects by Anonymous Coward · · Score: 0

      A good lawyer can get you off even with plenty of other evidence besides the DNA, just ask OJ.

  67. Dude! by ThatsNotPudding · · Score: 1

    Most violent criminals have their beginnings as a crying baby. Ergo, we should collect DNA from all crying babies.

    You're supposed to warn us with "Spoiler Alert'!

  68. Re:speaking of first thoughts... by icebraining · · Score: 2

    Here, through their NY branch. They have also opposed similar legislation here, here and here.

    By the way, you're a disgusting individuals if you're OK with people's rights being trampled because they "don't deserve them".

  69. Its Inside Out by Walt+Sellers · · Score: 5, Insightful

    Fingerprints can identify you.

    DNA can identify you, your parents, your children and other family members.
    DNA can show your genetic odds for diseases like diabetes or alcoholism.

    Once your DNA is in the public record:
    - Your health insurance rates might go way up because you have good odds of diabetes.
    - Your car insurance rates might go up because you fit the DNA profile of a drunk, even if you don't drink.

    And what do you do if you happen to be an identical twin, triplet, etc, whose sibling committed the crime?

    Even if your DNA was never taken, it may suddenly be difficult to get certain jobs because now employer background checks might run a DNA scan on public databases and find out you have a relative convicted of fraud. (I might feel better about this if DNA-based background checks were required to be a candidate in an election.)

    1. Re:Its Inside Out by brainzach · · Score: 0

      There are many ways you can get around the concerns.

      You don't have to put the markers for diseases in a criminal database for starters.

      Even if you record that information, you can keep it confidential so that employers and insurance companies can't access it.

      You can also make laws that insurance companies can't discriminate against someone based on their DNA test. It wouldn't be much different than a law preventing an insurance company from offering different rates to different races.

      And if you have an identical twin, tell the court that you have an identical twin. There is still something called due process. If the only evidence they have against you is a random DNA sample that matched in a database, there isn't much of a case.

    2. Re:Its Inside Out by KingMotley · · Score: 1

      Playing devil's advocate, if a person is 20% more likely to contract diabetes because of their genetic makeup, why is it not appropriate to charge more for health insurance? Why must the remainder of the population be forced to carry the burden? Wouldn't that also (in theory) cause those without genetic disposition to major illnesses to pay less?

      Seems illogical that health insurance companies are allowed to use some factors to determine risk, but now it's a bad thing if they are actually able to do it more accurately? Should health insurance companies be unable to charge a different premium for a 90 year old than a 25 year old? If not, why, and how is that different?

  70. Enjoy the fallacy by Dunbal · · Score: 1

    We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals.

    Violent criminals also very often begin life as babies. Therefore babies should be treated as criminals because - the earlier you get them into the database the "safer" we all are.

    --
    Seven puppies were harmed during the making of this post.
  71. Too easy to plant - intentionally or accidentally by Anonymous Coward · · Score: 0
    It seems DNA is fairly easy to plant at a crime scene compared to fingerprints. It also seems easier to inadvertently leave DNA which will survive for weeks and months at a well traveled location (where you were completely innocently) than to leave fingerprints that survive that long because most surfaces you touch are later touched by many other people.

    With a large database of DNA (approaching 100% coverage of the U.S. population if things continue as the are), it's too easy for police to take the easy route and just find a bit of DNA, match it to the database, and declare the case solved and present it to the DA. The DA then proceeds as...

    Dear Jury, we found this hair (w/root) next to the victim, we got a hit on Joe in the DNA database and he couldn't prove that he was really asleep in bed at 3:30AM on Thursday March 16, 2006 when the crime was committed. You have to trust the scientific evidence and find Joe guilty.

    Perhaps juries will catch on, but I fear not. (My experiences as a juror makes me question the system -- the only "civic duty" that people do in the US that they are less qualified for than Jury Duty is Voting).

    For myself as a juror, the existence of a DNA match without other very strong evidence means little -- but then I have a pretty high bar for "beyond reasonable doubt". Good, very well situated, DNA evidence might help take me from "most likely guilty" to "guilty beyond a reasonable doubt", but that's about it.

  72. One step away by CimmerianX · · Score: 1

    >>And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.

    And the earlier we get every newborn's DNS into the data bank, the higher you chances of apprehending the right person.

    In 20 years or so (if I'm that lucky) I'll be off this planet and done with this shit.

  73. Non-violent criminals start off as non-criminals by SonofSmog · · Score: 1

    "We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.' Holy crap? That's the logic behind this? Well i have lots of data that non-violent criminals "very often" begin their careers as non-criminals. So I guess we should friggin DNA everyone.

  74. greatgreygreengreasy? by Anonymous Coward · · Score: 0

    Someone's been to the Limpopo River...

  75. We also know... by QuietLagoon · · Score: 1

    'We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.'"

    We also know that almost all, if not all, violent criminals begin their life as babies. So the earlier you can get a baby's DNA in the data bank, the higher your chances are of apprehending the right person.

  76. Not Gattaca, CSI by GameboyRMH · · Score: 1

    This is more like the sci-fi/fantasy series CSI where they have almost everyone's DNA profile stored, and enough excess processing power, energy and bandwidth to display live data on each person as the search is running. Also they have the magical ability to infinitely zoom up and "enhance" even the graniest images, that's the fantasy part.

    However they're quite inept with computers in this world. In one episode they took a laptop from a defense contractor, and instead of storing it in a faraday bag and then imaging the hard drive with a data diode adapter in a shielded room, they just booted it up with free network access, and then acted surprised - REALLY surprised, they were freaking out - when it remote wiped itself. It was quite funny.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  77. FTFY by Anonymous Coward · · Score: 0

    And the earlier you can get everyone's DNA in the data bank, the higher your chances are of apprehending someone.

  78. To Summarize: by flameproof · · Score: 1

    The question here, of course, is whether or not a human being owns their own body.

    The answer to which is (equally as obvious): No.

    You do not own your body, the State does. And it can do whatever it damned-well pleases with it, when it pleases, and how. Should you fail to recognize this in the course of your dealings with the State, I'm sure they can show you just how incredibly wrong you are.

    Examples? See the whole of the internet.

    --
    ~Just as a thing fails if it lacks a kernel, so too it fails if it lacks a skin. ~ Rumi, Discourses
  79. Mission Creep by MrSteveSD · · Score: 1

    It was the usual mission creep. Initially they stressed that the DNA database was only for serious offences such as rape. Yet within a few years they were keeping the DNA of arrested protesters even if no charges were brought. This is why you have to defend against the initial small moves that encroach upon your freedoms. If you don't make a stand initially, mission creep will get you.

    1. Re:Mission Creep by Anonymous Coward · · Score: 0

      Mod up, +1 Truth.

  80. So... privacy should allow the guilty to get off? by SmallFurryCreature · · Score: 1

    If you want to convince the average person to take privacy serious, NEVER use an example where you are worried a guilty person might be convicted for a crime he did in fact commit Only utter nutters think that law and order is some kind of game, that must be played "fair" with the odds in favor of the criminal. The rest of us think that guilty people should be punished. So, try again, what does an INNOCENT person have to worry about all this? He very well might, but it is the innocent person carry about. Not your guilty ass.

    --

    MMO Quests are like orgasms:

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

  81. DNA fingerprint the source of all criminals by austinhook · · Score: 1

    Richard Aborn is such a wimp. The answer is staring him in the face and he just doesn't get it. Point is, there is one and only one source of all known criminals, and that's the only people that need to have their DNA collected. Duh! Get those samples right away and problem solved. The one and only source of all known criminals is all the non-criminals. Known criminals we can keep an eye on, but all those others, they are the ones who are scary, because you never know....

    We can start with Aborn, with the only hiccup we probably face, as I read his character, is that he already is a criminal and so we better first check if he is already on file, so as not to waste taxpayer's money.

  82. Good first step by Anonymous Coward · · Score: 0

    I had to sign up for the Selective Service (i.e. draft, if it were ever to come to that) even though I didn't want to.

    How is imply *having* your DNA, to compare to at crime scenes, an invasion of privacy? (If it is, why isn't taking a fingerprint too? IIRC, you have to give fingerprints for a driver's license.)

    Think of how many more murderers would be caught if a DNA sample were required for a social security number, for example.

  83. Re:because unlike fingerprints, this one's not acc by poetmatt · · Score: 1

    Nothing?

    http://articles.latimes.com/2008/jul/20/local/me-dna20
    http://www.darwinawards.com/science/forensic_analysis.html
    that didn't take me long to find.

    And the most damning, from a university:

    http://learn.genetics.utah.edu/content/labs/gel/forensics/

    Is DNA evidence alone enough to acquit or convict?

    It is easier to exclude a suspect than to convict someone based on a DNA match. The FBI estimates that one-third of initial rape suspects are excluded because DNA samples failed to match.

    Forensic DNA is just one of many types of evidence. It is important to examine other clues such as motive, weapon, or additional evidence linking a suspect to the crime scene. The more evidence collected, the less likely it is that samples from a particular suspect were planted, either on purpose or by accident, at the crime scene.

    So assuming that taking someone's DNA is going to match later? And not acknowledging that people could be mis-identified?

    Either everyone on the planet is in your "DNA bank" or it's simply not going to be accurate. Guess how realistic that is?
    "look a DNA match! this guy's guilty, let's go arrest him" (because he's the only person in the database). You know that will happen.

  84. Re:So... privacy should allow the guilty to get of by slimjim8094 · · Score: 3, Insightful

    Law and order isn't a game, but it is stacked in favor of the accused. Hence the phrases "innocent until proven guilty" and "beyond a reasonable doubt". It damn well better be substantially harder to convict someone than for them to show a reasonable doubt about it, because otherwise you create a society in which people can just be thrown in prison. That's getting increasingly easy to do, but in most cases there's still a court involved, and they do still care about things like evidence procedures and presumption of innocence.

    I don't care that the guy gets off, if the police were sloppy. Even if he's a murderer and everybody knows it. The police need to do their job right, because if they're allowed to get away with illegal searches and still get the conviction, we're all at risk.

    I'm not even some paranoid libertarian, but this is pretty basic justice.

    --
    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  85. Re:violent criminals very often begin their career by Anonymous Coward · · Score: 0

    If I went to jail for buying bootlegs, I would probably turn to hard drugs and murder.

    Seriously.

    I'd be unemployable as a convicted pirate, wouldn't pass background checks, my credit would go to shit without a job to pay off debts, I'd default on the mortgage/car payment sooner or later...

    So yeah, on getting out... I imagine I'd end up trying to deal to earn enough to survive (you have to work about 140 hours at minimum wage to earn typical rent in this region), and kill anyone that threatened to make things worse.

    Laws create criminals. Not society.

  86. Re:because unlike fingerprints, this one's not acc by mosb1000 · · Score: 1

    This is nonsense. There is no piece of evidence that should be sufficient to convict someone on its own. That doesn't make such evidence "unreliable."

  87. Re:because unlike fingerprints, this one's not acc by mosb1000 · · Score: 1

    There is no kind of evidence which infallible. But the way DNA evidence is analyzed makes it more reliable than other kinds. The reason you can find stories like that are the scientific controls used. The reason that it doesn't come up for fringerprints or other types of evidence is they lack controls entirely.

  88. too late by pbjones · · Score: 1

    the tooth-fairy has your DNA, -: it's not original, but I enjoyed the concept. (Terry Pratchett?)

    --
    There was an unknown error in the submission.
  89. NY late to ballgame, CA voted to require on arrest by Anonymous Coward · · Score: 0

    Back in 2004, 62% of voters in CA passed Prop 69 which required taking DNA upon charge of any adult or juvenile with any felony and also listed crimes. A three judge panel of the 9th Circuit Court of Appeals upheld Prop 69 last month saying plaintiffs failed to articulate how it's any different from fingerprints or mugshots.

    http://ballotpedia.org/wiki/index.php/California_Proposition_69,_Required_Collection_of_DNA_Samples_from_Felons_(2004)

    http://www.genomicslawreport.com/index.php/2012/02/27/ninth-circuit-issues-long-awaited-ruling-on-constitutionality-of-dna-fingerprinting/

  90. Law enforcement databases HIPAA compliant? by perpenso · · Score: 2

    I get the creepiness factor, DNA is an unimaginably detailed description of a person. However I don't really see any *new* legal issues that have not already been addressed by the courts. I'm sure the collection and retention of fingerprints generated a bunch of lawsuits back in the day. How is the current legislation authorizing the collection and retention of DNA at conviction any different than the old legislation that authorized the collection of fingerprints at the time of arrest and the retention of fingerprints at the time of conviction?

    Fingerprints of the convicted, maybe even those of the merely arrested, are retained in order to identify suspects of future crimes. Fingerprints are searched by computer, a search done on all fingerprints on file. Fingerprints don't seem to raise self incrimination issues.

    The only new issue that I can think of is that law enforcement databases with DNA information may need to be Health Insurance Portability and Accountability Act (HIPAA) compliant with respect to securing and restricting access to DNA information. Personally I hope this is a non-issue, that law enforcement databases are already at least as secure as those belonging to those involving health care.

    1. Re:Law enforcement databases HIPAA compliant? by Dare+nMc · · Score: 2

      >(fingerprints) are retained in order to identify suspects of future crimes.

      I don't think that would have survived a constitutional challenge. They must be taken primarily to either verify identity, or towards evidence of a current crime with probable cause. The fact they were then allowed to be retained and searched later is allowed, but I don't think as the primary purpose, they would not be allowed to be gathered without other primary cause.

      Also fingerprints were ruled as something, that was exposed to general society on a regular basis, and thus not have the same level of expectation of privacy similar to photos, voice data. I don't think the extension of this towards searching and indexing fingerprint data via modern super computers has been challenged to the court. New things that DNA adds to the equation like heredity (parents, brother, uncles...) that is not normally exposed to society; As well as the need to obtain it through a mouth swab (hair doesn't provide DNA, unless some scalp is attached, skin cells can, but are not reliable sources...) So DNA should be more akin to blood, which cannot be obtained without a warrant, and that warrant needs a current case with probable cause that blood would be relevant to proving that case.

    2. Re:Law enforcement databases HIPAA compliant? by perpenso · · Score: 2

      I apologize if I was not clear but I absolutely agree that the collection of fingerprints is motivated by the arrest and investigation; it is only the retention that is motivated in part by possible future crimes. The DNA legislations seems somewhat milder than the fingerprint case in that collection occurs at conviction, not as a routine part of the arrest.

      Like fingerprints, DNA is routinely left behind as a person moves about in general society. Glasses, bottles and cans we drink from; even object that we handle or touch briefly. I did a quick google and found:
      "[DNA] Profiles recovered from wallets stolen in a simulated robbery were in the majority mixtures, however the robber was a major component of the mixture or a single source profile in 40% of the profiles."
      http://www.sciencedirect.com/science/article/pii/S1875176809000742

  91. The system or the people. by Dr+Max · · Score: 1

    People become these hard core criminals because of the states obsession with turning every tiny little crime into big one (you make a couple mistakes your labelled a crim, it's harder to get jobs, and the cops are even more interested in you). Back off the teenagers smoking a bit pot or jumping over a railway station gate, get the cops to treat them with a little respect, and i'm pretty sure your problem will go away. Wise up your not solving anything, your only making it worse.

    --
    Rocket Surgeon.
  92. Re:So... privacy should allow the guilty to get of by SleazyRidr · · Score: 1

    I might feel that way if I believed that I could absolutely trust every police officer. While I have not had any run-ins personally I know that it would be all too easy for a policeman to "find" some drugs in my car or on my body and completely fuck up my life. As such I'm not convinced they need any more power.

  93. Conclusion of faulty logic by Algae_94 · · Score: 1

    We also know that non-violent criminals all start out as non-criminals. Next step, NY takes DNA samples of everyone.

  94. Vote against all taxes by Anonymous Coward · · Score: 0

    They use our taxes to build chains for us.

    1. Re:Vote against all taxes by blindseer · · Score: 1

      Then don't pay your taxes.

      An over simplification for certain. Impossible to actually work unless there is a large proportion of the populace willing to go along with the plan. I do see another way out.

      I've long held the belief that we will have many of our rights restored only when the government bankrupts itself, or becomes dangerously close to doing so. Governments cannot create wealth, only consume it. For a government to oppress the people there must be a large number of people that are on the payroll of the government. A government can only grow to a size that the economy will sustain. A collapse of the economy means a collapse of income from taxes, no income from taxes means the government cannot pay their employees.

      We've seen governments attempt to keep paying employees by printing more fiat currency. That only works for so long as inflation of prices will soon make the currency worthless. Government employees will not remain government employees if they are not paid enough money to feed themselves. Their loyalties will shift. This means leaving government employment, or turning to corruption.

      Unlike other nations the people of the USA still enjoy public trials by a jury. Americans still have elections every two years. Americans are also the most well armed people on this planet.

      The governments in America will shrink. I see this happening in one of three ways. First, near complete collapse of the economy. Government employees will leave their jobs en masse to turn to more profitable pursuits. Those that remain will have to fight desperately to keep law and order. Order will return but only after large portions of the government disappear.

      Second, armed revolt. People will tire of the tax burden they will have to bear and the increasing limits on their freedoms. I see this happening only if there is some unbearable act by the government. Think of the riots after the Rodney King trials only on a national scale. An example going farther back in history would be the shot heard around the world.

      The third possible way I see the shrinking of the governments in the USA is by voting the tyrants out of office. This is obviously the preferred method but it is also the least "complete" means to remove government excess. The government will shrink if the people make it known that they will no longer tolerate tyrants in government office. Why I say this is a less "complete" solution is that the government will only shrink to a level that people will again tolerate, as opposed to a rebuilding of the government from the other options.

      Only after typing the above did I realize I essentially made a restatement of the four boxes of liberty.

      --
      I am armed because I am free. I am free because I am armed.
  95. Re:because unlike fingerprints, this one's not acc by Imrik · · Score: 1

    The problem is that it's presented to juries as if it were sufficient to convict someone on its own.

  96. Revenue source? by throbber · · Score: 1

    So which would it be ....would you grant an exclusive or non-exclusive license to copy your DNA? What about derivitive works .... do you get any royalties from that?

  97. Now they have the Ability to put your DNA. by Anonymous Coward · · Score: 0

    Anywhere they want. The government you have today might not be the kind you have tomorrow.

  98. Jumped a turnstile, must be a felon! by __aaltlg1547 · · Score: 1

    "We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.'"

    Where's the probable cause? Oh, hell, let's just forget that whole 4th Amendment thing. It's inconvenient.

    Lots of people start out using fake ID to enter a bar and later escalate to becoming a college graduate, a parent, and a productive member of society.

    (Yes, you can be all three!)

  99. Get politican's DNA first! by Randym · · Score: 1
    Richard Aborn, one of the bill's backers, said, 'We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.'"

    In other news, we need DNA from all politicians. 100% of all public corruption cases -- a serious crime that strikes at the heart of democracy -- involve them. And the earlier you can get a political criminal's DNA in the data bank, the higher your chances are of apprehending the right person. Violent politicians very often begin their careers as nonviolent politicians. Don't let them exempt themselves like they did with the Do-Not-Call list!

    --
    DNA is a Turing machine. You, however, being dynamic and emergent, are not.
  100. Re:My first thought:, 2nd framing them by Anonymous Coward · · Score: 0

    So you are going to use this new system to frame any convict, to save your ass from the shit stain media?

    Yes cause every hard criminal did silly shit before making the leap of faith jump to murder.. These people are idiots, even they forgot or never experienced being a teenager. And people vote for these morons, or they buy there way in, or sell themselves into there positions. This shit is laughable..

    Criminals will go to any means to keep from getting caught if they know there DNA is going to be used. Not all!!! But there will be those who will adapt to this and still commit serious crimes. Or just flat out want to go back to the big house, 3 meals a day, endless rest, the fear of being ass raped and or, being killed are minor set backs.

     

  101. Start at birth by Pigskin-Referee · · Score: 1

    DNA samples should be required of all children born in the USA, period. It would help in the identification of accident victims as well as aid in the catching of criminals. The only possible privacy issue would be the one where a criminal could avoid identification. The hell with those assholes. If you are not committing a crime, you have nothing to fear.

    --
    Pigskin-Referee
    Linux: Yesterday's technology, tomorrow ...