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Supreme Court Gives Tacit Approval To Warrantless DNA Collection
An anonymous reader writes On Monday, the U.S. Supreme Court refused to review a case involving the conviction of a man based solely on the analysis of his "inadvertently shed" DNA. The Electronic Frontier Foundation (EFF) argues that this tacit approval of the government's practice of collecting anyone's DNA anywhere without a warrant will lead to a future in which people's DNA are "entered into and checked against DNA databases and used to conduct pervasive surveillance."
Or rather, but large collections of random people's dna, in spray form, and spray every crime site.
Some people keep forgetting that arms races are races. The fact that one side moves forward doesn't, by itself, give that side an advantage.
So does this ruling apply to the public or only to government?
For example, could I legally collect Elizabeth Warren's "inadvertently shed" DNA and have it tested to find out if she really has a Native American ancestor?
If this is something only the government can do legally, then what law gives them but not me the right to collect other people's DNA and have it analyzed without their permission?
More to the point, is there any law preventing me or anyone else from doing this right now? I can see James O'Keefe with a cotton swab and vial chasing Elizabeth Warren across the Harvard campus.
Ceci n'est pas une signature.
Aside from the huge privacy issues, I'm even more concerned that they would screw up collecting it. Everyone sheds DNA. Who is to say that the DNA they collect is actually from the person they think it is? DNA gets all mixed together after it leaves a person's body.
Yes, I know that if you are arrested for something because they screwed up, it is easy enough to give them some real DNA to clear your name, but how long until they do that on purpose in order to legitimately collect some? What legal recourse would you have?