Should the police be able to investigate your genetic family tree for any crime?
nytimes.com
nytimes.com
What we really need is a legislative solution, but unfortunately I have low expectations for Congress, seeing that Carpenter v. United States even had to happen.
Your location is not private information and never has been. Not sure how you could even legislate to make your DNA protected private information- under HIPPA for instance, considering you leave it everywhere you go. Your fingerprint is not private, your face is not private, and your DNA is not private. I'm not sure how they could be.
The problem is that dragnet surveillance does not:
1. Handle the subtleties of how we expect privacy to work.
2. Require direct observation of someone in a context where there is no expectation of privacy.
It just works all the time, and contains the ability to unmask private events in the past.
Taking your phone or your DNA to any such tryst makes it so apparently.
What's worse, there will likely be a lot of scope creep. It's showing up in criminal court. It's showing up in civil court cases. It's definitely going to be showing up in family court. Etc etc etc.
it's a bummer for sure, but it's been this way for a while. it's perfectly legal for your wife to hire a PI to follow you around. the police also don't need a warrant to observe your movements.
the part that's new is that all this surveillance can be done passively without any particular reason to suspect you.
imo, the distinction between public and private spaces is pretty reasonable for targeted investigations and observation by fellow citizens. in my view, the real problem is how long information should be stored, especially when collected passively.
If we use electronic devices at all, we're just best advised to operate as if the government has access to anything we say, write, or record on them. That includes our locations. If you're going to see your weed man, or your mistress, you probably want to leave it at home. And no, don't bother buying a "burner" because they can track that too.
All that said, companies should try to keep your location information secret from anyone other than the government. One of the issues right now is that they don't. They make good money using location to target ads for instance.
It's not like this requirement was an inevitable outcome of governments. We can change laws.
This is true, but if you follow someone consistently enough then it is considered a crime--stalking.
Exemptions for special cases (PIs, bail bondsmen) were put in place with the expectation that those groups would not abuse the system, being "professionals." And of course the police have been allowed to track people under investigation. But private individuals and businesses do not have the right to stalk people.
It's time to put to rest this notion that occasional incidental observation of other people has anything in common with the persistent surveillance enabled by modern tech. One is expected and is fairly low risk, the other is ripe for abuse.
I am hoping for something think a presumption of data ownership for anything the individual "creates" like digital footprints
I am not sure if it's possible in first world countries but many countries where these companies will soon offer such investigative service to local intelligence/police department have very high chance to do exactly that.
Lots of people probably aren't aware of it though.
The national DNA database now includes over 5 percent of the population and it is a great tool for the police since the authors of serious crimes typically have almost always committed petty crimes before. It also means that you can solve small crimes like burglaries with DNA.
It is a bit worrying from a privacy protection point of view though. And I barely see this database ever questioned by the French press.
FWIW ~20 US states do the same, this was ruled legal in 2013 (Maryland v. King, DNA collection is part of police booking procedure).
CODIS (the FBI's DNA database) contains more than 17 million non-forensic profiles[0], that's also >5% of the population.
But wait, there's more!
The Department of Defense's own DNA database (DoDSR) has more than 50 million records (collection started in the 80s and every applicant to a uniformed service gets included), and since the 2003 National Defense Authorization Act can be accessed by federal or military investigations for "the purpose of an investigation or prosecution of a felony, or any sexual offense, for which no other source of DNA information is reasonably available". So it can't currently be searched / "wild matched" against an unknown sample but if there's a suspect, a sample and no other DNA source then it's an option.
[0] https://www.fbi.gov/services/laboratory/biometric-analysis/c...
The reality of this is that it's just a big ass warehouse deep in the farmland of Virginia which houses unprocessed tubes of DNA. Its like the end of Raiders of the Lost Ark.
Sounds nefarious but it is actually a goldmine for genetics research.
5% of France is about 3.3 million unique records.
From what I could see online, the false positive rates of various DNA tests are between 0.01%[0] and 40% [1]. Lets call it somewhere inbetween and say 20% are false positives, or 1 of 5 people.
This is just a lead in a case, sure, but that means that 1 out of 5 cases have false leads, wasting a lot of time and resources. I've no idea what the false positive rate for a 'normal' case is like, it could very easily be higher.
Granted, this is today's false positive rate, it should get a lot better over time. But to what percentage, and how long will that take?
Then you have the much more pressing issue of the false negative rate. I did not look too hard, but trying to find that rate wasn't simple. I've no idea what it is. In terms of DNA cases, you could then have a lot of potentially dangerous people falling through cracks in the system. Lets pull a number straight out of nowhere and say that the false negative and false postive rates are the same, about 20%. That would then mean that your odds of getting the 'right' criminal (specificity[2])are at about 80% and your odds of not getting the 'right' criminal (aka clearing people that are actually innocent, aka sensitivity ) are also 80%. Meaning that for any random crinimal case using the DNA database as a lead, you only have about a 64% chance of getting useful information out of the DNA database [3].
[0]https://www.ptclabs.com/relationship-dna/more-information/fa...
[1]https://www.nature.com/articles/gim201838)
[2]https://en.wikipedia.org/wiki/Sensitivity_and_specificity
My fear is that planting DNA isn't something individuals are likely to do (thought it's not impossible), but something the state or large organizations are likely to have the resources to do properly. Corrupt LEOs. Corrupt politicians. It seems a lot easier than many alternative corrupt practices.
Historically there have been some pretty bad abuses in court over the accuracy and reliability of dna evidence, with some convictions that had to later get overturned.
Not trying to be gross, just trying to shine light on the idea that judges are in a difficult situation. They have to consider fairness for all parties involved.
Why would someone be less concerned with the reliability of the criminal justice system in that case? A low standard means it is easier for the government to let the guilty go free while making a show of punishing someone convenient.
It makes sense that people who suffered from a crime would emotionally prefer more focus on a correct conviction at the cost of more false positives.
Justice can't just be about catching people it has to also weigh the cost of false positives and the effect that the methods have on society.
It's a constant issue with things like TOR, encryption, and alt currencies like BTC. They can do a lot of good for repressed people but they're also inevitably going to be used by people most people would agree are awful people to protect themselves from justice. If you're developing those tools you have to be ok with that just like we have to decide as a people where we're ok with the balance between preventing crime/catching criminals and personal liberty and privacy.
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Is this really the case? Does a representative of a government have the right to your identity?
If so... is there an extent to which they can know who are you are? The difference here between a vague answer, a trust based assertion, or even a deep proof.
Legaly you agreed to act under this legal identity when your birth certificate was created but since you where too young to give consent its not legaly binding.
Thats the argument but it would need to go through a judge who wont care about technicality of law as the law itself is a technicality to justify government.
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There's a big difference between publishing your own thoughts - which may have nothing to do with what your family thinks - and publishing your DNA, which is inextricably tied to that of your family. It's my data, which I have a "natural" right to share as I see fit, but it's also very similar to yours, which you have a right to keep private. These rights are incompatible, one has to give.
I would certainly prefer that you not do that, but I don't think I should be able to to compel you not to. this is sort of a weird example because there's no clear benefit to posting your password.
a similar example: you and I both live in the same apartment building. you really hate my best friend and don't want them to know where you live. my best friend already knows that you and I live in the same apartment building. should you be able to prevent me from giving my address to my friend so we can hang out?
Then given my username was found somewhere, with that public knowledge of us being one character off, publishing your username would identify me as that user. And I'm not sure that would be wrong.
It's also illustrative that a username is "public" information you might share with someone while a password is private. And I think that's why I'm of the opinion that DNA isn't private information.
A person's genomic sequence isn't something that that person created (it existed before the person did!) so there's no obvious analogy with a poem the person wrote or a set of temperature measurements the person made or anything like that.
Arguably you should not be allowed to publish your genomic sequence if you have any identifiable living close relatives because you would be publishing other people's confidential medical data.
But there is! Due to advances in technology, I can actually sequence my own DNA just as I can measure a few temperatures. The only difference is the price of the equipment. I understand there are other implications, some of them unfavorable, so maybe there are pragmatic reasons for making this publication illegal. But pragmatism is not the only source of law, there are also principles! It seems to me that, as a matter of principle, I have the right to measure my bodily functions and publish the results of said measurements. If other people are damaged by that information, this makes me an asshole, but it shouldn't make me a felon nor a misdemeanant.
Presumably the principle "I have the right to measure my bodily functions and publish the results" would also allow you to publish anything you see or hear, since sight and vision are bodily functions. I don't see why that principle (which I'd never heard of before today) should override all the sensible rules we have about publishing various kinds of things.
It seems very natural to me. At least, more natural than being forbidden to do so due to the questionable practices of health insurers.
Let's move to a single bit of information. Do you have the right to publish the fact that you are colorblind? Or wether you suffer from "situs inversus" (your heart is on the right side). Or to disclose your own blood type?
Each of these bits of information reveal information about your genome, one bit at a time, thus they have medical implications to other members of your family. I find it abhorrent that somebody from my family could forbid me to disclose each of these bits of information, that I can measure about myself when alone at home. Thus, if I can disclose each of these bits individually, I can disclose them all (how couldn't it be otherwise?), thus I can disclose my whole genome.
A primary school might put photos of the children with serious allergies on the wall in the cafeteria. They don't put that info on their web site. They certainly don't put it in a genealogical database so that anyone can ask whether X has any relatives with a nut allergy.
Alright. But a schoolteacher can take a photo of herlsef, alone at home, and publish it on her own personal website. This is basic freedom of expression.
Will this action create some problems? Probably yes. A stalker neighbor of the teacher may learn where she works due to this website and attack the school and take hostages, or whatever crazy thing. Does this mean that it is OK to forbid schoolteachers to publish their own photos on their own websites? No. That would be an unacceptable attack on freedom of expression.
I like your example with the photos because, in the end, a photo and your DNA are a similar kind of information. Whatever the consequences, you have the right to publish your own.
I don't think photos and DNA are particularly similar. There's the critical difference that DNA from a person provides a mass of easily applicable information about that person's close relatives, information that is not displayed in public like somebody's face is. If this discussion has a point, that's the whole point of it, but you've missed it or are choosing to deliberately ignore it.
These services probably need those levels of privileges as well. Even a warrant shouldn't necessarily compel the yielding of information. Instead a request can go through the organization which immediately responds in the negative, but then behind the scenes asks a client if they want to voluntarily testify against some unknown relative of theirs (I think put in these terms, a lot of people will say no).
The rationale being the same: if the police have easy access to this information, people won't trust the services enough to make optimal use.
Since harming innocents is bad, there is a downside to wide usage of DNA tests. Whether tgat downside weighs up against the upside is a debate. But we need to acknowledge there is a debate to be had.
They changed their TOS so that now users need to explicitly opt in to sharing their data with law enforcement. That's good for user privacy, but it does make me wonder what they were doing before this change.
Part1: https://www.nytimes.com/2019/06/06/podcasts/the-daily/dna-ge...
Part2: https://www.nytimes.com/2019/06/07/podcasts/the-daily/geneal...
If you are sure governments are mostly a force for good and democracy is suited to keep it that way indefinitly, overpowered permissions like these have no real downside.
As engineers we certainly also ask ourselves how systems fail when something goes wrong, even if all we do is to prevent this. This kind of power is not only a possibility for a state to become more powerful, it is also the perfect ethnic genocide toolkit and therefore something that makes it substancially more dangerous for a state to fail.
Separation of powers, the oversight of the press, limited power and information for the state over the individual without good reason – all these mechanisms are there for a systemic reason. These reasons are sometimes only to make it harder for governments to drift into unlawful and unjust behaviour. Any change to the balance of power between executive, juridicative, legislative ans public should be carefully considered before executed.
So this must really pay off in order to be useful enough to justify the risk that comes with it, including the (in?)effectiveness of punishments and the cost of prevention through other means than harsh punishment.
Let’s say anonymous inquiry that just return yes/no and then you need court to reveal identity.
Also, offtopic, but that dendrogram in the first picture is a very incestual family tree.
For the same reason dna tests are not already used for shoplifting, trespassing or littering?