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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."
Just because the police can do something, doesn't mean they should be legally allowed to do it. Before all the fingerprint comments start, I will remind folks that DNA is categorically different than fingerprints. Yes, both can identify an individual. But that is like saying both a driver's license and a smart phone can be used to identify a person. If you search someone's smart phone, you have boatloads more information. DNA is becomming more useful by leaps and bounds every year. This is too much information for the government to just blythely collect and shove into databases with little safeguard against hacking, misuse, and abuse. There seriously needs to be a national discussion and laws passed. It is sad that this is unlikely to happen.
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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.
The Supreme Court often denies review of cases it sees are unfit for deciding an issue, or for many other reasons. That does not mean that the court approves of a lower court decision. The court often lets the lower courts work on the issue, developing arguments and evidence, before stepping in to decide an important constitutional issue.