17 April 2008
Privacy of innocent people? I don't understand the concern here if the sample is only going to be used for identification and investigative purposes. We should be collecting DNA from newborns, applications for immigration, tourists, and anyone else in the country. We already collect DNA samples from everyone in the military and nobody has suggested that the information has been abused.
Using authority granted by Congress, the government also plans to collect DNA samples from foreigners who are detained, whether they have been charged or not. The DNA would be collected through a cheek swab, Justice Department spokesman Erik Ablin said Wednesday. That would be a departure from current practice, which limits DNA collection to convicted felons.
Expanding the DNA database, known as CODIS, raises civil liberties questions about the potential for misuse of such personal information, such as family ties and genetic conditions.
Like the fraudulent argument about wiretapping, this one complains about potential abuses that are logistical impossibilities. And why would family ties be considered confidential personal information? This is a lame scare tactic trying to convince people that our government is becoming fascist.It should remain there forever anyway. There's no reason that
anyone should be able to have it removed. We should be requiring
biometric identification data from everyone. Get fingerprints and DNA
at birth, retinal scans as part of getting a license to drive,
whatever the technology supports.
If a person is arrested but not convicted, he or she can ask the Justice Department to destroy the sample.
That's according to the proposal as written. When this becomes published in the Federal Register and opened up for public comment, I'd like to suggest that any sample should remain permanently.
Posted by: Stashiu3 at
10:32:33
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Posted by: kishnevi at 17 April 2008@14:09:26 (yQsq1)
Also, despite the well-publicized cases of laptop- and storage media-related security breaches, has there been anything shown to have come from them? I can't recall a single case of identity theft from one of the mass-breaches... only low-tech gathering of personal data (garbage-picking) or isolated individuals selling information they stole.
Posted by: Stashiu3 at 17 April 2008@14:46:52 (Q5ggV)
Considering that DNA labs are tremendously overburdened --- tests take months --- the logistical impossibilities most certainly exist. Forensic scientists are in high demand, especially those working the labs. The industry is so overburdened that mixups have already been reported in some labs, according to some news program somewhere I saw this one time on some channel about crime labs.
Regarding stolen laptops, just because we don't know of a specific ID theft case from a stolen laptop doesn't mean that it doesn't happen. Often, the perpetrator isn't caught, so it's impossible to trace how the information was stolen, whether by dumpster diving, from your Eddie Bauer online account, or from Experian itself. I manage a series of books on this topic . . . the only area you can't protect? the databases that hold your information. I don't want my genetic code linked to my SSN, or Eddie Bauer account number, for that matter.
Posted by: Starry Fruit at 19 April 2008@00:41:10 (3wKL/)
California passed a similar law some years back; it was, I think, a ballot proposition. I’m sure I voted against it. It hasn’t proved all that effective.
More troubling though is your assertion that every citizen should surrender, at birth, his or her genetic material to the state. The federal government needs this information why? Constitutionally speaking, I doubt that it would pass muster.
I want the state to know as little as possible about who I am and what genetic disorders I may possess-especially with national health care on the horizon.
JBHood
Posted by: JBHood at 19 April 2008@18:18:49 (tycgB)
There's just no way that anyone, including the government, is going to be able to do that detailed an analysis of everyone's DNA. We already take baby footprints at birth. What's wrong with the government being able to positively identify citizens? I think people are too concerned with the potential use by a fascist government because of media hype. It's not a realistic concern, no matter who gets elected.
The government already has enough information and power to screw up the life of anyone they choose, so what's stopping them now? The fact that we're the government and will correct those who abuse their power. What do you think is going to happen? A National Health Care System that identifies genetic potential abnormalities and denies healthcare to those people who may develop a particular disease? What abuse potential are you concerned about?
I'm also unsure of what Constitutional objection would be raised. If we can take a baby's footprint and have mandatory testing (PKU for one), why would DNA be against the Constitution?
Posted by: Stashiu3 at 19 April 2008@18:57:02 (Q5ggV)
Stash,
And the last shall be first. The 4th Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. DNA is different from a fingerprint or a photograph or a footprint. A DNA sample cannot be obtained without violating my person-without taking something from me. Now, if the govt wants to follow me or my child around in some cat/mouse game, with the intent of snagging errant DNA when a loose hair falls off my head, or I toss a used diaper in the trash, then I guess they can have at it. Otherwise, the 4th Amendment protects my privacy. Unless they have a warrant; or unless Im convicted of a crime, or as is the case now under federal or state law, if Im arrested, or as you noted, a member of the military. Im sure there’s more exceptions……..
Moving up……Yes, the government does have plenty of power. And I would argue, they already do plenty to screw up the lives of plenty of average citizens without really trying all that hard. And generally when the government screws up, they aren’t held accountable in the same fashion as they hold us average citizens. An NHS that used DNA samples originally collected for crime prevention purposes to dole out health care-I don’t find that farfetched. With the data there, with the technology there, is it a stretch that in the future it wont be used for something else? Im not a fan of the ACLU, but I noticed this cite in one of their papers: “Some states have also explicitly allowed their databases to be used for a variety of nonlaw-enforcement purposes. For example, Massachusetts law allows for the disclosure of DNA records for “advancing other humanitarian purposes.†Alabama’s statute allows its database to be used to “provide data relative to the causation, detection and prevention of disease or disability†and to “assist in … educational research or medical research or development.†Allowing research in law enforcement databanks for other purposes is deeply troubling. An association found between a genetic mutation and violence – whether real or perceived –could be used as a means for attempting to screen out violent offenders before they strike.â€
And firstly. What’s right with the government being able to positively identify every citizen? What’s right with the government making the assumption that you are guilty until proven innocent-hence we want your DNA on file so that when you commit a crime we’ll know exactly who you are? Do they want to prevent crime or solve crimes?
Sorry, but my DNA is mine. It doesn’t belong to the state and I have no intention of voluntarily surrendering it.
JBHood
Posted by: JBHood at 19 April 2008@21:32:32 (tycgB)
In the 90s there were over 5000 government databases with information about citizens. I suspect there are a few more now.
This is the anniversary of the deaths at Waco because a government agency wanted to stage a PR stunt to justify their paramilitary budget which was under scrutiny because they got caught abusing them at Ruby Ridge. Scores of people including over a dozen children were murdered and no one in that agency was even demoted. This is all too common on a smaller scale. (John Riadi bragged about how Bill Clinton was giving him a VIP tour as the building burned on monitors all around the Whitehouse.
Power does not corrupt, immunity corrupts, and this government is no longer accountable to the people.
Posted by: Machinist at 19 April 2008@22:36:23 (yFIK0)
I have to be careful about the "stance" I take around Stash.
Posted by: Machinist at 19 April 2008@22:53:26 (yFIK0)

We can't have it both ways folks. If we want truly want government to enforce laws against illegal aliens, they have to have a definitive way to determine if someone is here legally. If an illegal alien is using someone else's identity, it's almost certain to screw up the impersonated victim's life in some way.
JBHood, if hospitals are already taking blood from newborns the second day after they're born (for PKU testing), using that sample to also enter a DNA profile is no additional invasion. This could easily pass Constitutional muster as reasonable (the key word in the Fourth Amendment is "unreasonable" seizure.) There is no search involved, nor warrant issued, and the "right to privacy" is an inferred one. I agree there should be an explicit right to privacy, but there isn't. Even if there was, none of the rights enumerated in the Constitution are absolute.
Mac, where are travel papers required? Where am I required to submit to a strip-search in order to travel there? If you're talking about airline travel, that's a mode of travel... not a destination. If I travel by a different mode, no papers or search are required. I do all kinds of work without government approval, on my own terms. My guns have not been confiscated despite being registered. Some of the restrictions you name are good examples of what I would consider government over-reach, but I largely live as I wish without much interference.
Getting biometric data, including DNA, for identification purposes is one of the best ways to stop identity fraud and ensure illegal aliens are identified as such and deported swiftly. The idea that everyone's DNA would be used so intrusively is not realistic. There is just no way to do that many detailed screenings with cross-references to make them useful for health screenings or a comprehensive criminal database. The samples would get initial screens at best, then sit there unless needed for identification purposes in an investigation.
The examples of the FBI files, cellphone taps, and Waco actually support what I am saying here. The only reason they occurred was because there were specific targets involved. I agree that there should have been more accountability in the FBI files and cellphone cases, but sometimes the bad guys get away with it. I've just now been hearing some of the Waco stuff for the first time and remain skeptical for that reason. Why is it all coming up now? Because it reflects poorly on Clinton and Hillary is running for President. Since she is no longer the chosen candidate of the MSM, we get this stuff pushed on us. Given their record for presenting false stories in order to influence elections (Dan Rather and the Texas NG documents for example), I am suspending any judgment about Waco until more information comes to light.
Posted by: Stashiu3 at 20 April 2008@01:08:38 (Q5ggV)
They are beginning to use scanners at the airports now that see through clothes. The metal detectors and pat downs are already intrusive. I have read of searches being conducted on some train and bus systems. You must go through scanners and searches to enter government buildings in California (at least many of them).
Technology progresses quickly and what is an impossible data flow now may be easy in a few years. The ATF at one point wanted to set up a computer database of purchase data that would in effect be national gun registration. When congress told them they had no authority the head of the agency said the project would be put on hold until a more receptive congress came along. The congress had to remove the funds they had planned to use from their budget to bring them to heal. This was an unelected bureaucrat openly defying congress on a major breach of the constitution.
We are considered guilty until we prove ourselves harmless or the government decides they can safely let us off the leash in a restricted environment.
As far as papers I am not certain but I was under the impression that some areas now require ID and of course there are proposals for a national ID card. I don't think the problem is finding illegals, it is taking action. The police and social agencies identify illegals all the time but may not act on it. A DNA database on all citizens will not change this.
You can not work without proof of identity (unless illegal) and you must have various government documents to be hired. Your compensation, benefits, working conditions, and hours are all regulated by the government. All of your financial affairs must be reported and documented to the government. What you wear, say, listen to, look at or read are all subject to government interference. Who you rent to, sell to, hire,or do business with are all subject to government regulation. Our founding fathers took up arms for far, far less.
Posted by: Machinist at 20 April 2008@01:48:50 (yFIK0)
Good morning,
Off-topic, but Im not aware of any new information related to the Waco fiasco. However, Mac and I apparently share the same tinfoil hat. The ATF’s name for the Waco operation was Showtime and the evidence indicates it was a publicity stunt designed primarily out of budgetary concerns.
As far as a DNA database being useful for resolving the illegal alien mess-the govt already has shown its unwillingness to deal with the situation with the current tools; with a new toy in its closet it would be more willing to do so? I doubt it. The will is lacking, not the means.
Posted by: JBHood at 20 April 2008@10:11:41 (GkYyh)
Ontopic-
http://gritsforbreakfast.blogspot.com/2008/04/proving-innocence-solving-cold-cases.html
“Perhaps unsurprisingly, Jim McLaughlin of the Texas Police Chiefs Association told the crowd that in an ideal world, he'd like to see every infant DNA swabbed at birth. (Why not just tag our ears like cattle, Jim, or inject a RFID chip under our skin and be done with it?)â€
Posted by: JBHood at 20 April 2008@10:17:21 (GkYyh)
How long before we can put this capability into the National ID card everyone will be required to carry, along with audio feed. It's for your own good!
Posted by: Machinist at 20 April 2008@12:39:43 (yFIK0)
Posted by: Machinist at 20 April 2008@12:48:44 (yFIK0)
Posted by: Machinist at 20 April 2008@13:15:12 (yFIK0)
As far as the other concerns expressed, I guess we'll have to agree to disagree for now. If we're that oppressed already, it's strange that someone could move so easily from say, California to Texas. Being aware of potential power-abuses by government is understandable. I just don't think we're even close to heading in the extreme directions that have been described.
Posted by: Stashiu3 at 20 April 2008@22:42:15 (Q5ggV)
congratulations and good luck with your blog, stashiu. i'm afraid i have to disagree with your post though.
just as our founders did, patriots today fear and distrust further aggregation and consolidation of central government power, without needing to articulate specific risk scenarios. i don't see any benefit to innocent people from the government possessing their dna, and we're all presumed innocent until convicted of a crime.
Posted by: assistant devil's advocate at 20 April 2008@23:39:44 (6B1MX)
I'm apparently in the minority here and will definitely have to think on this further. The original post concerned collecting DNA from those who were arrested and the samples would be discarded if they were cleared. I haven't seen any opposition to that so far and I respect the commentators above a lot. They've made several points that are very persuasive.
Coming from a population where everyone has DNA on file (the military), which to the best of my knowledge has never led to any of the abuses about which concerns were voiced, may skew my perception of why this is such a potential problem. I will certainly acknowledge that things that seem to concern others are routinely taken for granted in the military culture.
For example, wiretapping is not a huge issue for me because I've always assumed that my phone was monitored (many places even have stickers on the phones about them not being secure and disclaimers in the phonebook that your calls may be monitored) as well as computer use. Many other areas are similar, such as drug testing, mandatory immunizations and medical treatments, restrictions on speech and dress, etc... I take most of these things for granted because while you're in, you have to accept them or get out.
Posted by: Stashiu3 at 21 April 2008@00:45:48 (Q5ggV)
I highly recommend the documentaries, "Waco, Rules of Engagement" and "Waco, the New Revelation". Even if you dismiss or question everything you consider has a pro-Davidian point of view they are compelling as the most powerful parts are film clips and interviews with nonpartisan figures. "Waco, Rules of Engagement"is the original and the most informative. The second one deals with the evidence the Texas Rangers found that the FBI had lied about the munitions they used and their targeting. (Pyrotechnic Ferret rounds and shooting where they knew the children would be).
I have not seen anything on Waco for years. I shall try to find the stories you mentioned.
Posted by: Machinist at 21 April 2008@01:28:21 (yFIK0)
I am not one who expects the black helicopters to swoop in tomorrow but lose of rights and expansion of power is very much a camel's nose under the tent thing. Look at how the legislature has twisted the Interstate Commerce Clause. I do not see myself as some patriot keeping watch to prevent government abuse. I am afraid I think it has already gone too far to reverse. There may be setbacks like the 94 revolution or Reagan's administration and local victories like right to carry laws may be forced on the politicians but I don't think we will be able to stop the rot. The government is too big, too many people are suckling at the state teat, education has been too subverted for too long and the media is too indoctrinated. They don't need to stage some kind of coup, we will submit as a society to being ruled, with a whimper. I don't know if it will be in my lifetime but I fear it is going to happen within a generation or two.
I hope that at some time in the future mankind is given another chance at freedom and remains more vigilant and avoids complacency. Now that sounds far fetched.
Posted by: Machinist at 21 April 2008@01:54:04 (yFIK0)
Posted by: Machinist at 21 April 2008@02:18:18 (yFIK0)
Posted by: Machinist at 21 April 2008@02:18:46 (yFIK0)
Mac mentioned Waco: The Rules of Engagement. This is a documentary film from Michael McNulty-an interesting and controversial look at the Waco siege; it’s readily available online or possibly even from your local video store. I first saw it at a Skeptic’s Society forum in Pasadena. McNulty though, obsesses over whether the FBI fired on the Davidians on April 19th forcing them to remain inside the burning buildings. The primary evidence for this is FLIR footage and is iffy at best. To me, this is a small detail when examining the totality of the event. But overall, the film is quite good. McNulty went on to produce two other films about Waco.
One of the better books on Waco is by Dick Reavis; The Ashes of Waco, published in 1995. For a good inside view from the Davidians perspective, A Place Called Waco by David Thibodeau. Thibodeau was there for the entire siege and was one of the few to survive on April 19.
Posted by: JBHood at 21 April 2008@10:23:49 (UFNnW)
Stash, what happens when the gov't gets more adept at doing stuff with DNA?
It'll be too late as they'll already have the ability to take the samples.
And what happens if we combine it with gov't provided healthcare? They're paying the bill, so those with a genetic proclivity to getting heart disease will no longer be able to eat pork rinds.
Posted by: Veeshir at 21 April 2008@10:41:44 (ThMnZ)
Posted by: Stashiu3 at 21 April 2008@11:36:38 (Q5ggV)
Well, no. I'm talking about when DNA can give them much more information about us and it's not so hard to diagnose.
But then again, yes. If the military finds that you have a proclivity toward heart disease, I would bet a dollar that they would try to keep you from eating pork rinds and they would probably be within their rights to do so, but what works for the military doesn't always work for civilians.
Americans fought a revolution for far less intrusive actions by the British than a soldier takes for granted. We used to be able to sell cars to soldiers who were only marginally capable of paying the loan because certain banks knew they could call the soldier's officer and payment would not be a problem as the officer would make sure the soldier would pay his payments.
I worked at one dealer far from a base (5-8 miles) and an E-3 had no chance. I worked at another dealer (used cars on a new Honda lot in both cases) that was on Rt 1 not far from Fort Belvoir and we could put an E-3 in a car right away if he had anything to put down.
Imagine if I called your boss and he gave you a hard time about paying off your loan. I know I would tell my boss to mind his own damn business and I would really go after the bank for pulling a stunt like that.
Posted by: Veeshir at 21 April 2008@11:47:41 (ThMnZ)
Posted by: Machinist at 21 April 2008@12:00:16 (yFIK0)
Shall we sent civilians to prison for insubordination? Who anoints the rulers? There are no elected offices with this authority under the constitution. Laws effecting civilians are passed by representatives that civilians elect and can impeach, and they are supposed to be restrained by the constitutional restrictions on their power.
Posted by: Machinist at 21 April 2008@12:06:31 (yFIK0)

Posted by: Machinist at 21 April 2008@12:11:19 (yFIK0)
"You can't get by on your own so you need Master to take care of you".
Posted by: Machinist at 21 April 2008@12:15:11 (yFIK0)
You know, it'd be just my luck that the government would take a saliva swab from me, mislabel it, and land me in a tangle of red tape trying to prove I'm not "that other guy."
Putting government employees (or any group of humans) in charge of such an important data-entry task scares the bejesus out of me.
As far as data retrieval, the technology is already mostly there. It's even there for voice recordings, I believe.
Posted by: Starry Fruit at 23 April 2008@01:40:51 (3wKL/)
But not practical to do en masse and routinely. There's just no way to even do that level of analysis on a large number of people, much less the cross-referencing and correlation that would be needed to use as people fear. With new births and deaths requiring updating, it's going to be a long, long time before the technology reaches a level where that would even be possible, much less practical.
Maybe by then the Human Race will have grown up enough that the useful aspects would be beneficial and the potential abuses unnecessary (yes, that far in the future).

Posted by: Stashiu3 at 23 April 2008@07:39:05 (Q5ggV)
On a side note, I have become convinced that within my lifetime every American over the age of 12 will have been arrested or cited for some crime or infraction of the ever increasing laws. My motto is " No. There ought NOT be a law!"
Posted by: Kate at 30 April 2008@00:22:11 (Basu/)
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