From: "ama-gi ISPI" <offshore@email.msn.com> Subject: IP: ISPI Clips 5.35: F.B.I. Set to Begin Using National DNA Database Date: Tue, 13 Oct 1998 00:39:34 -0700 To: <Undisclosed.Recipients@majordomo.pobox.com> ISPI Clips 5.35: F.B.I. Set to Begin Using National DNA Database News & Info from the Institute for the Study of Privacy Issues (ISPI) Tuesday October 13, 1998 ISPI4Privacy@ama-gi.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This From: The New York Times, October 12, 1998 http://www.nytimes.com F.B.I. Set to Begin Using National DNA Database http://www.nytimes.com/yr/mo/day/news/national/dna-data-base.html "The DNA data base started out with pariahs -- the sex offenders -- but has already been enlarged to include other felons and will probably be extended to include everyone, giving elites the power to control 'unruly' citizens." By NICHOLAS WADE n a computer at a secret location, the FBI will open a national DNA database on Tuesday that advocates say could significantly reduce rape and other crimes by helping to catch repeat offenders earlier. The data base, 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 data base consists of 50 data bases 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 data base 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 data base. 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. The crime-fighting potential of DNA data bases is becoming evident from the experiences of Britain, which started earlier and has had fewer administrative and constitutional hurdles to overcome. The data base 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 data base early you may prevent serious crime," said David Werrett, manager of the DNA data base for England and Wales. The English DNA data base 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 data base now holds 360,000 entries and Werrett said he expected it would eventually include one third of all English men between 16 and 30, the principal ages for committing crimes. Werrett said that the data base 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 data base," said Christopher Asplen, executive director of the national Commission on the Future of DNA Evidence. 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 data base. Under a new DNA profiling system known as STR's, 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 data bases 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 STR's. Access to the DNA data base 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 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. State laws establishing DNA data bases 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 data base 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. "People may be appalled to know how many rape suspect kits are out there untouched," Ms. Herkenham of the FBI said. "The hit ratio depends on whether we can go back and examine all the evidence that comes in the door," said Dr. Barry Duceman, director of biological science in the New York State Police Forensic Investigation Center in Albany. "We are trying to address a crushing case backlog and to get the technology on line -- you'd be hard pressed to say we are overstaffed." 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 data base. When these teething problems are overcome, many experts believe that the state and national DNA data base systems may have a significant effect, particularly in reducing crimes like rape that often involve repeat offenders. By scoring a "cold hit" between crime scene data and a person, DNA data bases can be particularly effective in solving cases with no suspects. "Once we get that infrastructure in place and start getting those hits, the benefits will lead to higher utilization," Asplen said. But like other experts involved with DNA testing, he 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. One practice likely to raise eyebrows, if not hackles, is mass screening, which is widely used in the United Kingdom but not yet commonplace here. In high profile crime cases, police in Britain often ask, and can require, all members of a town or building to give DNA samples so as to prove themselves guiltless and help narrow the search for the culprit. The National Commission on the Future of DNA Testing is examining under what circumstances the donation of samples can be considered voluntary. In an office, where employees who declined to donate a sample might be fired, a police request for DNA might be coercive. A future use of DNA testing is that of phenotypic analysis. It will soon be technically possible to infer from the genes in a person's DNA many probable aspects of their appearance, such as hair, skin and eye color. Werrett said the main problem with such predictions would lie in training police to understand their probabilistic nature: told there is a 90 percent chance that the suspect has red hair, investigators should not ignore the 10 percent chance that he does not. DNA reveals so much about a person that behavioral geneticists might wish to search through state data banks for genetic variants linked to criminal behavior. Most states say their DNA data banks can be accessed only for law enforcement purposes, like the data bases. But Alabama authorizes the use of its samples for "educational research or medical research or development," an apparent invitation to genetic inquiry. An impending issue is whether states should retain their DNA samples once the information has been entered into the DNA data base. Forensic managers like to retain samples as a hedge against changing technology. Others say the DNA sample banks create an opportunity for abuse, and that if there is another change in technology the government should just rebuild its data base from scratch. Because DNA can be found at so many crime scenes, DNA data bases promise to be powerful aids in catching criminals. But what thrills forensic experts tends to chill civil libertarians. "The DNA data base started out with pariahs -- the sex offenders -- but has already been enlarged to include other felons and will probably be extended to include everyone, giving elites the power to control 'unruly' citizens," said Philip Bereano a professor of technology and public policy at the University of Washington in Seattle. Dr. Eric Juengst, a bioethicist at Case Western Reserve University in Cleveland and a member of the FBI's DNA Advisory Board, said the original policy in setting up the DNA data base was that it was "suitable only for our most serious category of criminals," and that it would be a breach of that policy to expand its scope. The risks raised by Bereano are worth watching, Juengst said, "but as a society we have to learn how to control powerful tools of all kinds, like nuclear power. I don't see it as an endless slippery slope." Copyright 1998 The New York Times Company --------------------------------NOTICE:------------------------------ ISPI Clips are news & opinion articles on privacy issues from all points of view; they are clipped from local, national and international newspapers, journals and magazines, etc. Inclusion as an ISPI Clip does not necessarily reflect an endorsement of the content or opinion by ISPI. 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