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National DNA Database

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Steezie

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Ok, this cropped up on a discussion elsewhere but we didnt get a real chance to get into it.

Why does there seem to be such ardent opposition to a national DNA database of samples taken at birth and catologued for use by law enforcement agencies as an exclusionary tool?

Its next to impossible to use a digital copy of someone's DNA to produce REAL DNA to plant at a crime scene and its easy enough to make access to the database off-limits to corporate or government researchers.

So what is the problem with this idea?
 

Meshavrischika

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Ok, this cropped up on a discussion elsewhere but we didnt get a real chance to get into it.

Why does there seem to be such ardent opposition to a national DNA database of samples taken at birth and catologued for use by law enforcement agencies as an exclusionary tool?

Its next to impossible to use a digital copy of someone's DNA to produce REAL DNA to plant at a crime scene and its easy enough to make access to the database off-limits to corporate or government researchers.

So what is the problem with this idea?
infringement of rights...
use of information for other purposes (the government is known for this - sorry)
protection of privacy...

lots of reasons.
 
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S

Steezie

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infringement of rights...
What rights are those?

use of information for other purposes (the government is known for this - sorry)
This is a valid point, but what other purpose could this be used for? As I pointed out, its next to impossible to replicate DNA perfectly out of a digital copy. Its much easier to blackjack someone in an alleyway and grab a hunk of hair.

protection of privacy...
What about your DNA is private?

lots of reasons.
But none of them seem to be real solid
 
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Maren

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I think a good example is social security numbers. These were originally created to be account numbers solely for the use to identify a person's account with Social Security. In fact, if you go back and look at the law which created these numbers, it actually stated they were not to be used for any other purpose.

Of course, those in government started realizing these were the sole identifiers that uniquely identified every American. So, states started to use the numbers for driver's licenses, financial companies started using them to identify people to their credit history, employers used them as identifiers for their employees, and even the military started using them in place of the serial numbers they used to issue.

I think there is a similar fear if a DNA database should be created of all Americans. The fact that there was a way to uniquely identify every American would become too large a temptation for the government and businesses to not use it in ways we would not support. History shows us this is what will happen.
 
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Steezie

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I think a good example is social security numbers. These were originally created to be account numbers solely for the use to identify a person's account with Social Security. In fact, if you go back and look at the law which created these numbers, it actually stated they were not to be used for any other purpose.

Of course, those in government started realizing these were the sole identifiers that uniquely identified every American. So, states started to use the numbers for driver's licenses, financial companies started using them to identify people to their credit history, employers used them as identifiers for their employees, and even the military started using them in place of the serial numbers they used to issue.
Its a lot easier to use a string of numbers as an identification scenario than a person's DNA as DNA testing takes WEEKS at the quickest so it would be a very in-efficent means of identifying someone for a drivers license or financial information.

I think there is a similar fear if a DNA database should be created of all Americans. The fact that there was a way to uniquely identify every American would become too large a temptation for the government and businesses to not use it in ways we would not support. History shows us this is what will happen.
Which means we need outside monitoring by a civilian agency to ensure that there is little or no misuse of such a system
 
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Meshavrischika

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What rights are those?search and seizure (which not making this voluntary only would be IMO)

This is a valid point, but what other purpose could this be used for? denying jobs (government jobs due to disease potential) for one, denying military service, lots of things beyond framing someone for a crime. As I pointed out, its next to impossible to replicate DNA perfectly out of a digital copy. Its much easier to blackjack someone in an alleyway and grab a hunk of hair.

What about your DNA is private?
Then let them steal it. It's not my job to provide it and set my children up for the results when it's misused.
But none of them seem to be real solid
in your opinion. I wish people would add that more often at the end of statements.

Anyway... I feel they are solid. I would vote against anything like this. Hence, whether you think it is vaild, I have just as much say as you, and therefore equal weight. KWIM?
 
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S

Steezie

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search and seizure (which not making this voluntary only would be IMO)
Nothing of yours is being seized and you are not being searched for anything.

denying jobs (government jobs due to disease potential) for one, denying military service, lots of things beyond framing someone for a crime.
Which is why this system needs to be kept strictly for criminal investigation and there needs to be oversight to ensure that.

Then let them steal it. It's not my job to provide it and set my children up for the results when it's misused.
I think the risks that go with trusting the government to safeguard the system (As well as having outside civilian oversight) are out-weighed by the benefits as it would be an invaluable tool for law enforcement, missing persons, identifying remains, and paternity issues.
 
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Meshavrischika

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Nothing of yours is being seized and you are not being searched for anything.

Which is why this system needs to be kept strictly for criminal investigation and there needs to be oversight to ensure that.

I think the risks that go with trusting the government to safeguard the system (As well as having outside civilian oversight) are out-weighed by the benefits as it would be an invaluable tool for law enforcement, missing persons, identifying remains, and paternity issues.
like the oversight that allowed disease testing (endstage) on blacks (i.e. human testing) in the past. Great place to put responsibility like this.

Without the system being voluntary, they are taking something without consent... i.e. seizure. They are reading it without permission i.e. search. Not cool
 
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stan1980

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Before we have a national database, we need to ask the following. Can we trust our government and can we trust our police? I'd say a resounding no to both questions (in my country at least).

Over the past year or so anyone living in the UK will know that government agencies have shown themselves to be completely incompetent when it comes to protecting sensitive data. There has been a number of breaches which have made headline news over here, including national insurance numbers going missing, bank account details of over 20m people which were kept on 2 disks being lost, drivers details going missing, as well as the loss of 160,000 peoples hospital records.

I'm not sure how much information you can gain from DNA records, but i'd be concerned about a government 20 years down the line selling this information on. I'd imagine if life insurance companies and such could get hold of this data AND it were possible to gain information such as genetic diseases from samples, i would think they would pay a lot of money for this information.

Also it is very easy to plant DNA information at a crime scene. All you need is a hair from a suspect. The police could quite easily do this to secure a conviction when they *think* they have the right man. Ever heard of a bent copper? Of course there are other ways to frame a person, but DNA evidence holds a lot of weight in our courts.
 
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Meshavrischika

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Before we have a national database, we need to ask the following. Can we trust our government and can we trust our police? I'd say a resounding no to both questions (in my country at least).

Over the past year or so anyone living in the UK will know that government agencies have shown themselves to be completely incompetent when it comes to protecting sensitive data. There has been a number of breaches which have made headline news over here, including national insurance numbers going missing, bank account details of over 20m people which were kept on 2 disks being lost, drivers details going missing, as well as the loss of 160,000 peoples hospital records.

I'm not sure how much information you can gain from DNA records, but i'd be concerned about a government 20 years down the line selling this information on. I'd imagine if life insurance companies and such could get hold of this data AND it were possible to gain information such as genetic diseases from samples, i would think they would pay a lot of money for this information.

Also it is very easy to plant DNA information at a crime scene. All you need is a hair from a suspect. The police could quite easily do this to secure a conviction when they *think* they have the right man. Ever heard of a bent copper? Of course there are other ways to frame a person, but DNA evidence holds a lot of weight in our courts.
great post

The DNA thing is not a slam dunk in court. There have been cases where it's been flat wrong. It took alot of time and effort to prove it. It's just not the "great equalizer" people want to make it out to be.
 
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TexasSky

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infringement of rights...
use of information for other purposes (the government is known for this - sorry)
protection of privacy...

lots of reasons.
Some people in the United States Constitution object based on the 5th Amendment privilege against self-incrimination.

Right now, DNA is not considered protected by the 5th Amendment.

Others object to it on the basis of the 4th Amendment, which protects people against unreasonable search and seizure. I don't know what / if the Supreme Court has ruled on that yet.

Many people fear that a DNA database would eventually be accessed by Insurance Companies and employers to check for the potential to develop certain illnesses, and then used as a reason to not insure or not hire.

Some people fear that someone like Adolf Hitler could come into power in the future and misuse information in the database in the kind of witch hunt that Hitler used against the Jews in Nazi Germany.

Some fear profiling, and since the UK has already proposed the DNA database be used for profiling, I figure that is a pretty reasonable concern.

Others fear that human error could result in blacklisting of innocent people. If someone's DNA is mislabled to the wrong individual in the database as belonging to a sex offender or something like that, how can you straighten it out without massive legal and medical testing expenses?
 
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TexasSky

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great post

The DNA thing is not a slam dunk in court. There have been cases where it's been flat wrong. It took alot of time and effort to prove it. It's just not the "great equalizer" people want to make it out to be.
She is right.
It is kind of a well kept secret.

A mistake at the Genelex lab resulted in a false report of paternity.

Cellmark, a lab used by the California law enforcement officials, processed DNA in a sexual assault case, and accidentally switched the sample from the victim's vaginal swab with the sample from the suspect, which created the illusion that the the victim's swab showed the suspect's DNA. They were actually in court, giving testimony, when the technician from Cellmark who was testifying about the findings realized something looked funny, and insisted on reviewing the report, catching the mistake. Had there been a plea bargain before that case, or someone less observant had been testifying, the suspect would have gone to jail on a false DNA report.

The same thing happened again in Philadelphia, except it wasn't caught. The defense attorney HAD convinced his client to plea bargain because the evidence was against him, the client said it was impossible, so the defense attorney asked for another lab to review the results. They caught the mistake.

In Las Vegas a man was arrested for violating immigration laws. His cellmate accused him of rape. DNA was taken from both men, then mislabeled. The samples taken were compared against the unsolved assaults database, and they hit on several cases. Unfortunately, because of the label mixup, the hits on the unsolved cases were attributed to the wrong men.

In the BCA case, evidence from two different cases were switched.
 
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TexasSky

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Well.. there are reasons not to trust your government.

Like when the Bureau of Indian Affairs transferred responsibility for the health of native Americans to the Public Health Services, and they started sterilizing native American women without consent, and sometimes without telling them they were going to do so. They went in for pain, were told they needed an appendectomy and woke up with a tubal ligation. This was official policy because someone decided the indians were having too many children. (By the way, this is in between 1970 and 1980.) Some estimates show that as many as 60,000 women were sterilized without consent.
 
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S

Steezie

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like the oversight that allowed disease testing (endstage) on blacks (i.e. human testing) in the past. Great place to put responsibility like this.

Without the system being voluntary, they are taking something without consent... i.e. seizure. They are reading it without permission i.e. search. Not cool
So should we scrap the SS system? Should we throw away all our databases because the government cant be trusted?

And, this may interest you, you discard your DNA millions of times every day. Skin cells, hairs, saliva, sweat etc etc. You are DAILY discarding your entire genetic code.

Would it be more satisfying if a nurse picked a hair out of a newborn baby's hospital crib and entered that DNA information into the database? As that is legal, anything that is discarded by a person is considered fair game for law enforcement, that includes DNA in the form of hair or spit.

Before we have a national database, we need to ask the following. Can we trust our government and can we trust our police? I'd say a resounding no to both questions (in my country at least).
I am not addressing the UK, I am speaking only of the US currently.

I'm not sure how much information you can gain from DNA records, but i'd be concerned about a government 20 years down the line selling this information on. I'd imagine if life insurance companies and such could get hold of this data AND it were possible to gain information such as genetic diseases from samples, i would think they would pay a lot of money for this information.
And as I have explained about twenty times now, this database will only be open to law enforcement, NOT researchers of ANY type. Civilian oversight will help ensure this.

Also it is very easy to plant DNA information at a crime scene. All you need is a hair from a suspect. The police could quite easily do this to secure a conviction when they *think* they have the right man. Ever heard of a bent copper? Of course there are other ways to frame a person, but DNA evidence holds a lot of weight in our courts.
You apparently dont understand what Im saying. A DNA database would hold a virtual copy of your DNA to be compared against an unknown sample that has been mapped and processed. It is virtually impossible to take a virtual copy of your genetic makeup and re-create physical DNA that is an exact match to you.

The DNA thing is not a slam dunk in court. There have been cases where it's been flat wrong. It took alot of time and effort to prove it. It's just not the "great equalizer" people want to make it out to be.
See, DNA IS a slam dunk when its utilized and handled properly. What cases has DNA been wrong in, cite them for me. I'd be willing to bet money that the error came from technicians switching vials by accident, not from the DNA itself. DNA is unique to each individual person, NO ONE ELSE ON EARTH has your exact genetic makeup, which is what makes it a great system for differentiating between people when verbal or written identity is in question.

DNA is not perfect because of the human element. So we should automatically exclude any system that isnt 100% perfect all the time? The point is that its astronomically better than what we have now and can lead to many many people being cleared of a crime they did not commit.

Others object to it on the basis of the 4th Amendment, which protects people against unreasonable search and seizure. I don't know what / if the Supreme Court has ruled on that yet.

Many people fear that a DNA database would eventually be accessed by Insurance Companies and employers to check for the potential to develop certain illnesses, and then used as a reason to not insure or not hire.

Some people fear that someone like Adolf Hitler could come into power in the future and misuse information in the database in the kind of witch hunt that Hitler used against the Jews in Nazi Germany.

Some fear profiling, and since the UK has already proposed the DNA database be used for profiling, I figure that is a pretty reasonable concern.
I have addressed all this previously

Others fear that human error could result in blacklisting of innocent people. If someone's DNA is mislabled to the wrong individual in the database as belonging to a sex offender or something like that, how can you straighten it out without massive legal and medical testing expenses?
Every positive hit is double checked to make sure it is a truly positive hit and not a case of vial switching. I would question how much faulty legal proceedings currently cost us and weigh that against the cost of a DNA test

A mistake at the Genelex lab resulted in a false report of paternity.

Cellmark, a lab used by the California law enforcement officials, processed DNA in a sexual assault case, and accidentally switched the sample from the victim's vaginal swab with the sample from the suspect, which created the illusion that the the victim's swab showed the suspect's DNA. They were actually in court, giving testimony, when the technician from Cellmark who was testifying about the findings realized something looked funny, and insisted on reviewing the report, catching the mistake. Had there been a plea bargain before that case, or someone less observant had been testifying, the suspect would have gone to jail on a false DNA report.

The same thing happened again in Philadelphia, except it wasn't caught. The defense attorney HAD convinced his client to plea bargain because the evidence was against him, the client said it was impossible, so the defense attorney asked for another lab to review the results. They caught the mistake.

In Las Vegas a man was arrested for violating immigration laws. His cellmate accused him of rape. DNA was taken from both men, then mislabeled. The samples taken were compared against the unsolved assaults database, and they hit on several cases. Unfortunately, because of the label mixup, the hits on the unsolved cases were attributed to the wrong men.

In the BCA case, evidence from two different cases were switched.
A mistake that can be combated by double testing positive hits. One thing Im curious about, why is a CALIFORNIA law-enforcement office using a DNA service...in the UK? That doesn't make much sense.

Like when the Bureau of Indian Affairs transferred responsibility for the health of native Americans to the Public Health Services, and they started sterilizing native American women without consent, and sometimes without telling them they were going to do so. They went in for pain, were told they needed an appendectomy and woke up with a tubal ligation. This was official policy because someone decided the indians were having too many children. (By the way, this is in between 1970 and 1980.) Some estimates show that as many as 60,000 women were sterilized without consent.
BIA is not law enforcement
 
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stan1980

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And as I have explained about twenty times now, this database will only be open to law enforcement, NOT researchers of ANY type. Civilian oversight will help ensure this.

That's all well and good, but as i've pointed out already who is to say a different government 20 years down the line wont sell the information on to raise funds. The government makes the rules, not you.

You apparently dont understand what Im saying. A DNA database would hold a virtual copy of your DNA to be compared against an unknown sample that has been mapped and processed. It is virtually impossible to take a virtual copy of your genetic makeup and re-create physical DNA that is an exact match to you.

Why on earth would anyone try to recreate physical DNA when they could quite easily place the real thing (suspects hair for example) at the scene.
 
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Meshavrischika

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So should we scrap the SS system? Should we throw away all our databases because the government cant be trusted?
Personally, yes, we should chuck it.
And, this may interest you, you discard your DNA millions of times every day. Skin cells, hairs, saliva, sweat etc etc. You are DAILY discarding your entire genetic code.

Would it be more satisfying if a nurse picked a hair out of a newborn baby's hospital crib and entered that DNA information into the database? As that is legal, anything that is discarded by a person is considered fair game for law enforcement, that includes DNA in the form of hair or spit.
Not every hair has DNA, only those with a live folicle (normally have to be ripped out)


And as I have explained about twenty times now, this database will only be open to law enforcement, NOT researchers of ANY type. Civilian oversight will help ensure this.
You can't ensure its proper use. People are people. It's inevedible that someone will misuse it.


See, DNA IS a slam dunk when its utilized and handled properly. What cases has DNA been wrong in, cite them for me. I'd be willing to bet money that the error came from technicians switching vials by accident, not from the DNA itself. DNA is unique to each individual person, NO ONE ELSE ON EARTH has your exact genetic makeup, which is what makes it a great system for differentiating between people when verbal or written identity is in question.
Explain that to the mom accused of kidnapping because her children's DNA didn't resemble hers... and put in jail... until her lawyers proved she was a chimera. It happens. It is not a flawless proof.
:sigh:
 
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H

HollandScotts

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What rights are those?


4th and 5th Amendment rights.

This is a valid point, but what other purpose could this be used for? As I pointed out, its next to impossible to replicate DNA perfectly out of a digital copy. Its much easier to blackjack someone in an alleyway and grab a hunk of hair.

Round up all the jews, perhaps?

Not to mention, it's not all that uncommon for a government official to loose a laptop containing sensitive date about tens of thousands of people at a time. Spies also tend to infiltrate government positions.
What about your DNA is private?

The fact that's it's a part of me. What makes your memories private?

Nothing of yours is being seized and you are not being searched for anything.

My DNA is being seized because I'm giving it up on my own. And I'm being searched everytime they run a search in their big database.

I think the risks that go with trusting the government to safeguard the system (As well as having outside civilian oversight) are out-weighed by the benefits as it would be an invaluable tool for law enforcement, missing persons, identifying remains, and paternity issues.

So possible genocide and the total destruction of privacy is worth giving a useful tool to the police?

I am not addressing the UK, I am speaking only of the US currently.

It's the same answer. Your nuts if you think we can trust this government. You'ld have better luck convincing me the earth is flat.

See, DNA IS a slam dunk when its utilized and handled properly. What cases has DNA been wrong in, cite them for me. I'd be willing to bet money that the error came from technicians switching vials by accident, not from the DNA itself.

DNA samples will always be handled be people in some form or another. People will always make mistakes. To place such infallability on a system that isn't infallable is the certain comdemnation of innocent people. Also realize that with such a DNA database, there will be a lot more executions because the DNA will take away all reasonable doupt. Juries will have no problem sending possibly innocent people to their deaths, because hey, DNA said they were guilty. And who are we to question DNA?

And DNA will make it quite easy to frame someone. Just get some of their DNA, which, like you said, is everywhere.

BIA is not law enforcement


But it is the government. You seem to have this issue that you think government incompitence and corruption is only relegated to certain areas of the government, but never affecting the areas that you want increased, which seem to be most of the government. And who do you think dictated BIA policy?
 
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Maren

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Its a lot easier to use a string of numbers as an identification scenario than a person's DNA as DNA testing takes WEEKS at the quickest so it would be a very in-efficent means of identifying someone for a drivers license or financial information.

Yes, and when social security numbers started, it would typically take weeks to request records from national sources and receive a copy of that record -- now it can happen in minutes. I believe it is reasonable to expect the same will be true of DNA testing.

Which means we need outside monitoring by a civilian agency to ensure that there is little or no misuse of such a system

No civilian agency can stop the government from doing what it wants to do -- after all, they only have the power that the government assigns to them. Besides which, what would make this civilian agency anymore responsible than the government?

But since later in this thread you mention of how we are always shedding DNA. Now, changes would occur slowly and always seem to be for good reasons. For example, much of the reasoning behind using SSAN for driver's licenses is for safety. The original idea was that states needed to be able to check with other states to find out if a person had a suspended license in another state so they wouldn't issue a license to someone unqualified to have one.

Similarly, credit companies said they needed to use SSAN for a similar purpose, to protect the credit records of individuals and keep from getting people with similar names confused. This is even harder with children and parents who have the same name and one lived at the same address. So, it seemed reasonable that credit bureaus should be able to use SSANs to avoid confusion.

And we cut to today, and suddenly a person can find a huge amount of information from simply knowing your social security number. They can look at your driving record, find your address and what bills you pay, what utilities you use, and in many cases your buying habits. I see the same types of things happening if we establish a DNA database.
 
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