From: believer@telepath.com Subject: IP: Privacy Fears: FBI's DNA Database Date: Tue, 13 Oct 1998 08:54:57 -0500 To: believer@telepath.com Source: San Jose Mercury News http://www.mercurycenter.com/premium/front/docs/dnadata12.htm Published Monday, October 12, 1998, in the San Jose Mercury News DNA database offers promise -- and privacy fears BY NICHOLAS WADE New York Times In a computer at a secret location, the FBI will open a national DNA database Tuesday that advocates say could significantly reduce rape and other crimes by helping to catch repeat offenders earlier. The database, with a new generation of forensic DNA techniques, promises to be so efficient that some civil libertarians fear it will be expanded from people convicted of crimes to include almost everyone, giving the government inordinate investigative powers over citizens. The national DNA database consists of 50 databases run by the states but unified by common test procedures and software designed by the FBI. As of Tuesday, it will be possible to compare a DNA sample from a suspect or crime scene in one state with all others in the system. The national database has been nearly a decade in the making. The final pieces fell into place in June when Rhode Island became the last state to set up a DNA database. But the system still faces many unresolved issues, which are likely to play out according to the reaction from the public and the courts. One such issue is what types of offenders should be included. Another is whether the mass screening of suspects' DNA will prove constitutional. DNA, the chemical that embodies a person's genetic programming, can be found almost everywhere. People shed a constant torrent of dead skin cells. Criminals leave blood when breaking and entering; they shed hair and skin cells in fights, deposit saliva on glasses and leave sweat stains in head bands.
From only a few cells in such sources, enough DNA can be extracted to identify the owner. A DNA database of sufficient size could presumably help solve many crimes.
Britain's experience The crime-fighting potential of DNA databases is becoming evident from the experiences of Britain, which started earlier and has had fewer administrative and constitutional hurdles to overcome. The database there initially focused on sex offenses but has spread to include burglaries and car theft because of the high number of DNA matches that police forces were obtaining. Moreover, there was considerable crossover, at least in Britain, among different kinds of offenses. ``People who commit serious crime very often have convictions for petty crime in their history, so if you could get them on the database early you may prevent serious crime,'' said David Werrett, manager of the DNA database for England and Wales. The English DNA database includes entries from crime scenes and from everyone convicted of a crime, as well as from suspects in unresolved cases. Since the system's debut in 1995, it has matched 28,000 people to crime scenes and has made 6,000 links between crime scenes. The database now holds 360,000 entries and Werrett said he expected it would eventually include one-third of all English males between 16 and 30, the principal ages for committing crimes. Werrett said the database has grown because police forces in England, which pay $55 for a DNA analysis, are finding it cost-effective. Recently the Police Superintendents Association called for the entire population to be DNA-tested. Forensic use of DNA in the United States is unlikely to go as fast or as far as in Britain. ``Their system makes a tremendous amount of sense the way they approach it, but in the United States we have a different perspective on privacy and on the extent to which we would be willing to depend on a database,'' said Christopher Asplen, executive director of the national Commission on the Future of DNA Evidence. One privacy safeguard One major privacy safeguard in the FBI's system is that only a minute fraction of a person's genetic endowment becomes part of the database. Under a new DNA profiling system known as STRs, for short tandem repeats, a person's DNA is tested at 13 specific sites at which a short length of DNA is repeated in a kind of stutter. The number of repeats is highly variable from one person to another, so that measuring the number of repeats at the 13 designated sites gives a way of identifying each individual with a probability of one in several billion. The blood or other samples donated by individuals are retained by the states in collections known as DNA banks. All that goes into the computerized DNA databases is the set of 13 numbers from the STR measurements. Only identifying information, and nothing about a person's health or appearance, can be divined from the STRs. Access to the DNA database is permitted only for law enforcement purposes, with a $100,000 fine for unauthorized disclosures. No known breaches of the system have occurred. One major unresolved issue is that of the types of offenders from whom DNA profiles should be taken. All states require people convicted of serious sexual offenses to donate blood samples, but states differ on requiring samples from other groups such as people convicted of violent felonies, juvenile offenders and parolees. Four states -- Virginia, Wyoming, New Mexico and Alabama -- require all people convicted of a felony to provide samples for DNA profiling. Louisiana allows DNA to be taken from people merely arrested in a crime, a practice that has not been tested in the courts. Databases upheld State laws establishing DNA databases have been challenged in 13 jurisdictions and have been upheld in all but one, in Massachusetts. Some states have revised their original legislation to add offenses. ``I think the trend is that 10 years from now all felonies will be covered,'' said M. Dawn Herkenham, chief of the FBI's Forensic Science Systems Unit in Washington. ``We recommend that all violent felonies, burglaries, juveniles and retroactivity for people on parole be included.''
From his office in Birmingham, England, last week, Werrett said, ``Today, we have issued matches on three murders, five rapes, nine serious robberies, two abductions and two violent burglaries.''
No state DNA database has acquired the critical mass to furnish such a hit rate. Many state laboratories are understaffed and have large backlogs of DNA samples to analyze. The backlogs are particularly worrisome in the case of rapes where specimens may lie unanalyzed while the rapist assaults more victims. The case backlog problem is compounded because state laboratories are switching to the STR method of DNA profiling from an older method of analysis called RFLP, for restriction fragment length polymorphism. All the samples analyzed by RFLP must be redone by STR if they are to be searchable in the new database. When these teething problems are overcome, many experts believe that the state and national DNA database systems may have a significant effect, particularly in reducing crimes such as rape that often involve repeat offenders. But like other experts involved with DNA testing, Asplen expressed concern that DNA profiling be developed in a publicly acceptable way. ``The public does need to have a trust level with this and be assured that law enforcement is not going to abuse this powerful tool,'' he said. ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ----------------------- ********************************************** To subscribe or unsubscribe, email: majordomo@majordomo.pobox.com with the message: (un)subscribe ignition-point email@address ********************************************** www.telepath.com/believer **********************************************