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Searching DNA For Relatives Raises Concerns
Posted by
kdawson
on Tue Nov 25, 2008 06:37 PM
from the database-creep dept.
from the database-creep dept.
An anonymous reader calls our attention to California's familial searching policy, which looks for genetic ties between culprits and kin. The technique has come to the fore in the last few years, after a Colorado prosecutor pushed the FBI to relax its rules on cross-state searches. "Los Angeles Police Department investigators want to search the state's DNA database again — not for exact matches but for any profiles similar enough to belong to a parent or sibling. The hope is that one of those family members might lead detectives to the killer. This strategy, pioneered in Britain, is poised to become an important crime-fighting tool in the United States. The Los Angeles case will mark the first major use of California's newly approved familial searching policy, the most far-reaching in the nation."
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Submission: Database Creep by Anonymous Coward
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Big Brother? (Score:4, Funny)
Seriously though, what about adopted kids? (Score:5, Insightful)
Officer: Hi, can you tell us where that lowlife father of your is?
Kid: He is at work at the moment.
Officer: Yeah, drop the act kid, he ain't worked a day of his life. Now, where is he ya little lying bastard?
Kid: He will come home from work in three hours...
*three hours later*
Officer: This ain't your dad! Quit fucking with us here!
Kid: Whaaaaaaa! (Or any other such life changing crying sound when you suddenly find out you are adopted and your whole life has been a lie)
Parent
Re:Seriously though, what about adopted kids? (Score:5, Insightful)
Good point. Or consider problems that could come up if the kid's biological father was an anonymous sperm donor - could be bad if either the kid or the biological father got into trouble.
Parent
What about clones? (Score:4, Insightful)
Great points of this post's parent and grandparent; especially relative to descendants.
Any questions involving genetic information should be examined with a long-term view. Perhaps not now, but think of future Clones. Should a cloned human pay the price of his/her predecessors genetic information? The mistakes they made in their previous life may affect their future life as a new individual. Communities of people, not just atomic families, may be singled out or "behaviorally predetermined" to commit crime simply on genetic heritage, of which they have no control. Perhaps that genetic heritage is combined with economic, credit, health and lifestyle information?
It is only a matter of time until the cost of mapping 'enough'* of every living human's genome will be 'worth it'*. Shortly after, the cost of genome-mapping all available deceased humans will be negligible. The field of medicine will flourish with this information. (You may even gain heath insurance discounts with a year's proof of purchase at the grocery store -- you are rewarded for eating relative to your pre-determined health risks.)
Yet every individual's privacy will diminish with access (any access) to a history of humanity's genetic information. Thus, thinking about DNA databases must be done with a long-term perspective.
* = Where the information's value to society --be it a friendly or otherwise group of people-- outweighs the cost of gathering it. Perhaps the equivalent cost of fingerprinting every newborn baby equals the cost of genome mapping every newborn baby.
Parent
Re:Seriously though, what about adopted kids? (Score:5, Interesting)
Parent
Re:Seriously though, what about adopted kids? (Score:4, Insightful)
Paragraphs man, paragraphs! It's a wall of bloody text up there. Not to mention a premature and gratuitous execution of Godwin's Law That said:
So, government bad, but combining the clergy and attorneys "in the private sector" WhatCouldPossiblyGoWrong?!? Or in other words, what we need to do is create another quasi-governmental agency (that answers to whom?) to entrust this super secret information to, but since it isn't called "government" it's somehow better than what it really is?
You then go on to say that this entire mythical structure you've created would be useless because they wouldn't actually give out the information law enforcement is looking for. So why the hell are you suggesting we create it in the first place?
You're entire post can be reduced to, "No! The gub'mint can't have my bodily fluid data." Saving you time you could use to add another layer to your tinfoil hat and haul a few more wheelbarrows of dirt out of your survivalist's bunker.
Parent
Re: (Score:3, Interesting)
I think the technology is there for the government to take genetic samples from everyone in the U.S. armed forces, and thereby build a database in which they could match any found genetic material by gene clade, and describe your relationship, and triangulate your placement in the larger family tree, with a reasonable degree of certainty.
More simply put, a hair or skin flake on the grou
Similar issue with DNA tests for immigration.. (Score:4, Insightful)
Big brother issues aside, the problem is that some children may be adopted, and that the issue of parenthood is not as clear-cut as we would like to think. As well as the old latin saying:
Mater semper certa est, pater numquam.
Parent
DNA evidence 'planting'? (Score:5, Insightful)
I suppose this might be slightly off-topic, but one concern I have with the use of DNA evidence is that, now that everybody knows about DNA evidence, what's to stop someone from planting DNA evidence at a crime scene? Splash some body fluids here, drop some hair there, and smear some skin cells at a strategic location, and voila "we have DNA evidence that places the defendant at the scene of the crime."
Re: (Score:3, Interesting)
Splash some body fluids here, drop some hair there, and smear some skin cells at a strategic location, and voila "we have DNA evidence that places the defendant at the scene of the crime."
Congratulations on stumbling on the plot from GATTACA [imdb.com]. But your +n insightful is deserved because of the twist--although I've heard that prostitutes sell used condoms for this very reason. I can't find any links on the web to this effect so maybe its simply a urban legend. Hopefully defense attorneys with a modicum of intelligence will figure out that they can use planted DNA evidence as a defense.
Re:DNA evidence 'planting'? (Score:5, Insightful)
Well, as someone who used to live a truck stop I can tell you that many hookers are junkies and will be happy to sell you ANYTHING for cash. So I doubt it would be real hard to wave a twenty in front of a hooker and get anything you wanted, especially something she wouldn't be able to normally sell like a used condom.
Of course this gets even worse if you think about it. How many times have YOU left DNA that could be recovered by anyone in a public place? A coke can, those of us like me who smoke leaving our butts in a public ashtray, etc. And as DNA gets used more and more it will be in a criminals best interest to pick up something like that, if for no other reason that it adds to the chance that you could throw them off the trail. And with WAY too many jurors watching CSI all the will have to say is "DNA evidence" and you ass is toast.
Parent
Re: (Score:3, Interesting)
Congratulations on stumbling on the plot from GATTACA.
There was also an episode of Law & Order where a vengeful woman hires a prostitute to get a condom full of semen in order to frame a man for murder.
Re:DNA evidence 'planting'? (Score:5, Funny)
Dear God. I shudder to think of the context ads you'll be getting in the near future.
Parent
as seen on law and order svu (Score:5, Informative)
http://www.tv.com/law-and-order-special-victims-unit/serendipity/episode/278851/recap.html?tag=overview;recap [tv.com]
apparently, like much of law and order, based on a real life case of a canadian doctor in 1992 implanting a blood tube in his arm to beat a dna test (and also the basis for a movie):
http://books.google.com/books?id=62uFtPQOegwC&pg=PA42&lpg=PA42&dq=law+and+order+implanted+blood&source=web&ots=tAMxawCqEz&sig=3jV_E2vL-Xe4UFhG7hH5wCkJQk8&hl=en&sa=X&oi=book_result&resnum=8&ct=result [google.com]
http://en.wikipedia.org/wiki/John_Schneeberger [wikipedia.org]
Parent
There is another big point here. (Score:3, Informative)
The private investigator, while finding evidence that might convict, could find himself up for criminal charges regardless of whether the evidence he found were admissible. It is a pretty big risk. Private investigators are not allowed to break into car
Re: (Score:3, Interesting)
Also it says Canada, so different rules might apply.
Here in Denmark during some riots in the spring the police raided several apartments illegally, they where searching for some of the instigators - while raiding they came across different illegal things like drugs and weapons, while the searches where illegal, so was the items found and there is no getting out of jail free card for those implicated.
Re: (Score:3, Informative)
Wrong. If, during the legal course of police activity, there is probable cause, the item may be seized by the plain view doctrine [wikipedia.org]. There are restrictions defining "the legal course of police activity", such as the officer may not be searching for anything other than what is in the warrant, the officer may not used enhanced observation, the illegality must be "immediately apparent", etc.
The fourth amendment [wikipedia.org] disallowed general search warrants, which allowed searching without specifying a crime or the evi
Re: (Score:3, Interesting)
Re:DNA evidence 'planting'? (Score:5, Insightful)
if somebody that hates you that much has access to your DNA samples, you've already got some serious problems!
Never been divorced have you?
Parent
Re:DNA evidence 'planting'? (Score:4, Insightful)
Parent
Being too clever for your own good (Score:4, Informative)
.
The same things that stopped you from planting the same sort of evidence before DNA testing:
You have to collect the samples.
You have to distribute the samples.
In ways that are safe and plausible. Getting it right means spending more time at the crime scene. This is generally considered undesirable.
Unless you are a nincompoop the frame has to fit someone you know very, very well - and who almost certainly knows you.
It had better not be the poor schnook who was struck by the crosstown bus at 5:30 on the day when your murder was committed at 9 o'clock.
Parent
Privacy concerns, yes (Score:5, Insightful)
But dress it all up as "social networking" and you'll have zillions of willing participants.
Re:Privacy concerns, yes (Score:4, Insightful)
Parent
Re: (Score:3, Interesting)
What happens when 23andme.com makes a Facebook app that lets you find other people on Facebook to friend based on how close your genetic profiles match, or certain traits you share? It's more likely than you think, and I say this as someone who uses Facebook AND has had a genetic profile done through 23andme.com.
Re: (Score:3, Interesting)
because you want to date your cousin? or because you want to find people who are susceptible to the same diseases as you?
genetic profiles don't seem very useful for social networking. they don't describe personality traits. at most you might be able to find people who share the same mental health issues as you (e.g. ADHD/ADD, bipolarism, schizophrenia, Asperger syndrome, etc.), but it wouldn't be much help in finding friends or potential dates.
something like a personality profile generated by user surveys w
Re: (Score:3, Insightful)
Re: (Score:3, Funny)
Why let solid reasoning get in the way of the latest and greatest social networking gag!
-1 Sad Truth :/
There goes the 5th again (Score:5, Interesting)
Re: (Score:2)
Re: (Score:2)
One of the core protections in the US legal system is that you cannot be made to testify against a close relative.
I am pretty sure that is not true.
IANAL (and IORAL, but that's another subject) but my lay understanding is that a spouse can not be forced to testify because legally husband and wife are the same entity and thus it would be a violation of the 5th amendment, the right to refuse to be a witness against oneself.
Re: (Score:2)
Wrong. We don't force one spouse to testify against another, although they are allowed to do so if they so desire.
They can force you to testify against your Mother, Father, Brother Daughter, etc.
IANAL, but I've spent a lot of time in court!
Re:There goes the 5th again (Score:4, Interesting)
.
You are thinking of the old notion that you can't be forced to testify against your spouse. "The two become one."
But "to testify" means "to be cross-examined."
It is about what you can be forced to say on the stand, not about what was discovered in a forensic examination of your hair, blood, fingerprints and so on.
The privilege against self-incrimination is fundamentally a defense against the use of psychological manipulation, extortion, bribery and torture to extract a confession.
Parent
Re:There goes the 5th again (Score:4, Interesting)
...the usual disclaimers, IANAL, etc...
Just to be specific, with some examples:
Scenario #1: Mobster husband coming home from a hard day's "work"
Hubby: Boy, Honey! That was a rough day! Do you have any idea how hard it is to chop up a guy with a Ginsu knife? We never thought Tony Da Rat would fit in that suitcase!
The wife can't testify or be made to testify about Tony Da Rat's tragically funny disposal. Her husband related it to her (assuming no one else was around) as part of the marital confidential communication.
Scenario #2: Wife greets Mobster Hubby after hard day's work
Wife: Awww...honey. Looks like you had a rough day. Let me wash that bloody shirt. What do you want me to do with the head in the bowling bag?
The wife canbe made to testify about the bloody shirt, the head in the bag, or anything else she directly sees, hears, touches, etc.
The point is that it's not her privilege or choice...it's her husband's. He can refuse to let her testify about confidential communication--she can't just go forth and start spouting it off...not if it (or any subsequent evidence) is to be used in court.
Parent
Re:There goes the 5th again (Score:5, Informative)
IANAL either, but the 5th amendment only protects against self-incrimination. Anyone else, even your SO, you can be ordered to testify against.
IANAL either, but IIRC, a wife/husband can *not* testify (voluntarily or otherwise) against his/her spouse and relate information told to him/her "in confidence" by the spouse. Information given to a spouse is deems "privileged", the same as information a person gives to an attorney or therapist. I *think* that evidence can be suppressed if it was obtained in violation of "spousal privilege" (for instance, if a husband tells his wife where he hid the gun, and she tells the police, the gun may be deemed inadmissible as evidence).
The spouse *can* testify (voluntarily or otherwise), but only regarding things that he/she witnessed. For instance, a spouse can be forced to answer the question "Did you see your spouse hit the neighbor with a baseball bat?".
Parent
routine in Britain (Score:4, Insightful)
Re: (Score:2)
Not sure what the problem with near matches is.
If the police cant get a direct match then they can still narrow it down significantly if a relative is in the database.
Its a minor privacy problem at most.
Chances are the near match person would be questioned anyway about the crime if there was a direct match.
Re: (Score:2)
Do you have any realistic suggestions on how to stop them? Not just on this, on everything. Voting, protesting and petitioning have failed on major issues. What options are there now?
sauce (Score:3, Insightful)
I can understand how convicts, felons, suspects, and arrestees get their DNA thrown into a federal database, but how do they get the DNA of their family members if crime doesn't happen to run in the family? Where are all these DNA samples coming from?
Re: (Score:2)
Re:sauce (Score:5, Informative)
I can understand how convicts, felons, suspects, and arrestees get their DNA thrown into a federal database, but how do they get the DNA of their family members if crime doesn't happen to run in the family? Where are all these DNA samples coming from?
And remember, the moment this becomes legal, they will start begging/demanding/legislating that DNA from any source they can get their hands on be added to the database.
Parent
So much for "slippery slope" (Score:3, Insightful)
"You're NOT the father!" (Score:2)
Seems like you run an interesting risk, doing this, of discovering fathers or are not the biological father of their children.
Re:"You're NOT the father!" (Score:4, Informative)
Exactly, and there are a few other problems that might pop up when matching familial DNA. There do not seem to be any privacy issues addressed here, nor any concern for the rights of citizens.
If you look exactly like someone that just robbed a bank, you might get stopped walking down the same street. If you happen to have 99% of the same DNA as someone that just robbed a bank, there should not be much cause for searching your person or papers.
This is only a blaspheme away from searching everyone's DNA to eliminate them from criminal prosecution. Everyone is guilty till proven innocent. On top of that, 'if you have nothing to hide, give us your DNA' is NOT the right solution. Warrants should not be issued on the idea of similar DNA alone.
Would a man who is step father to 3 good boys, and unknowingly father to a son in another city of the same state have to endure the searching and police BS, as well as his entire family enduring it simply because his DNA was similar to the DNA found at a crime scene?
This can be good for a marginal minute percentage of the crime fighting. The rest of the time it will be used for pure terrorism, the kind that only police states can generate.
Parent
This is why (Score:3, Funny)
tangent (Score:5, Interesting)
anyone remember that csi episode about the chimera?
incredibly rare, but sometimes two fraternal twins will fuse while still blastocysts. so the dna of two seperate individuals form different organ lines in one individual. so your blood and kidneys and stomach might be from one person, while your brain, skin and lungs might be from another. most chimeras go through life never knowing what they are, but every once in awhile, a blood test reveals that, for example, a mother isn't even the mother of her own children (her womb is from a nonexistent twin):
http://en.wikipedia.org/wiki/Lydia_Fairchild [wikipedia.org]
anyway, in csi, the aberation was used to good effect: the killer knew he would get away with the crimes because his dna from the crime scene would not match the dna from his lab tests. but of course, the dna would indicate the killer was a brother of the prime suspect, because half the dna would match his phantom brother (which puts a twist on the subject of this story: if relative dna banks enjoy common use, a lot more chimeras out there are going to come to light)
most of the episode the csi investigators run after one brother of the suspect after another, in a fruitless red herring chase to find the dna of a brother who did not exist, except inside that of the killer
http://www.csifiles.com/reviews/miami/bloodlines.shtml [csifiles.com]
Family Member statistics (Score:3, Informative)
Funny thing about matching possible Family Members.
Depending on how good of DNA profile they took a Lab can match 99.9% Match. That means 1/1000 people of the same race could be the criminal real parent or sibling. If the DNA profile is very detailed the odds are 1/100,000 people of the same race. So theyâ(TM)re going to be a-lot of innocence people harass by the police.
http://www.dna-geneticconnections.com/dna_accuracy.html
Just a reminder... (Score:5, Interesting)
Now California police also reserve the right to take DNA from anyone they arrest for any reason. Which means if they can ever make the process an order of magnitude cheaper and faster, they could assemble a very large database very quickly with just the laws already on the books.
Lazy lawmaking (Score:3, Insightful)
One would have thought that with a week or two on ask slashdot, a whole bunch of the more obvious problems with this approach could have been forestalled. And with another few weeks of expert review even more simple constraints could have been devised.
It seems to me inevitable that this approach to investigation will only get more prevalent, so I don't see any reason why CA could not have spent some time to try and get some of the details right in advance.
How about introducing a law with some overly-strict limitations and then relax them over time instead of introducing an overly-loosely managed system and then going back to make it right after it's ruined a few peoples lives.
It just seems like a piss poor attitude to lawmaking to me.
You insensitive clods! (Score:4, Funny)
Re: (Score:3, Insightful)
"Good thing I had this stamp made to imprint my signature, otherwise I would get writers cramp signing all these warrants. My clerk will stamp them for you on the way out."