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Crime Privacy

Police Use of DNA Leads To Backlash, Policy Change For GEDmatch (apnews.com) 200

Police investigators have used popular online DNA databases to solve at least 50 open murder and rape cases, reports the Associated Press. But now, "complaints about invasion of privacy have produced a backlash, leading the Florida-based database known as GEDmatch to change its policies." The nonprofit website's previous practice was to permit police to use its database only to solve homicides and sexual assaults. But its operators granted a Utah police department an exception to find the assailant who choked unconscious a 71-year-old woman practicing the organ alone in church. The assailant's DNA profile led detectives to the great-uncle of a 17-year-old boy. The teen's DNA matched the attacker's, and he was arrested. GEDmatch soon updated its policy to establish that law enforcement only gets matches from the DNA profiles of users who have given permission.

That closed off more than a million profiles. More than 50,000 users agreed to share their information -- a figure that the company says is growing. The 95% reduction in GEDmatch profiles available to police will dramatically reduce the number of hits detectives get and make it more difficult to solve crimes, said David Foran, a forensics biology professor at Michigan State University...

The American Civil Liberties Union and other critics say granting law enforcement exceptions that violate a website's policies is a slippery slope. They also believe broad genetic searches violate suspects' constitutional rights. While many people instinctively support the technique if used to catch serial killers or rapists, they might feel differently about their DNA profiles being analyzed to pursue burglars and shoplifters.

The site's co-founder tells the AP they've now sent an email to users encouraging them to opt-in to police searches.
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Police Use of DNA Leads To Backlash, Policy Change For GEDmatch

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  • Their data would be looked over for genetic searches.
    That was the point of using an open data service.
    A win for law enforcement all over the USA.
    Going back decades and decades.
    Criminals, police, undercover police, informants could all be found with what was kept by law enforcement going back decades.
  • by scdeimos ( 632778 ) on Sunday June 09, 2019 @09:13PM (#58737360)
    If your company has the data you will be compelled by court orders to give it up, regardless of any terminology you might have in your EULA or ToS.
    • by quantaman ( 517394 ) on Sunday June 09, 2019 @10:12PM (#58737510)

      If your company has the data you will be compelled by court orders to give it up, regardless of any terminology you might have in your EULA or ToS.

      Probably not.

      If you host an email server and the police want to search the suspect's email then yeah, they can get a warrant to search that person's email.

      But they can't get a warrant asking you if any of your users had sent or recieved an email with a specific search string. Or if you're Google if anyone had entered a specific address into Google Maps on the night of a crime.

      Warrants can get you very specific pieces of information that the police know (or have very good reason to think) is there. But they can't serve random companies with a warrant for all their data on the theory that a suspect might have left some evidence with them.

      So yeah, if they suspect Bob, and they know Bob used GEDmatch and can't get his DNA otherwise, they can serve GEDmatch with a warrant.

      But they can't give GEDmatch a warrant asking them for a copy of Bob's DNA profile, especially if they don't even know who Bob is.

      • but they've been known to screw it up.

        https://en.wikipedia.org/wiki/... [wikipedia.org]

      • by AmiMoJo ( 196126 )

        The police are already using "geofence" warrants that demand the data of every account that was in a given area during a particular timeframe: https://www.engadget.com/2019/... [engadget.com]

        In this case it appears that they have a DNA sample from the suspect and submit that to GEDmatch, who then compare it to samples in their database, i.e. do a "string" search.

      • by Kjella ( 173770 )

        Don't they do this quite a bit for customer lists, guest lists etc. though? "People who bought/rented/hired product or service X between dates Y and Z" like who stayed at a particular hotel on a particular night is usually specific enough to pass even if they don't know who they are up front and the list contains mostly innocent people. A judge could very well read this the same way, you have a million records but you're very specifically asking for a few records related to one particular DNA profile you kn

      • "they can't get a warrant asking you if any of your users had sent or recieved an email with a specific search string"

        If they can convince a judge, they can get a warrant to ask for anything.

    • by gweihir ( 88907 )

      That is why a core principle of privacy protection is to not have that data in the first place.

    • that are specific to what they're searching for. You can't fire off a warrant to look through every record in a database willy nilly. Even the most right wing, "Tough on Crime" ball bustin' judge in the country is going to tell you to go stuff yourself.
  • a court can give permission and they better not say no to that

    • by whoever57 ( 658626 ) on Sunday June 09, 2019 @09:29PM (#58737412) Journal

      a court can give permission

      Courts do not generally allow fishing expeditions. The constitution has restrictions on warrants.

      • by Megol ( 3135005 )

        This isn't fishing - it's searching.
        It's not trying something to see if someone takes a bait - it's using modern technology to find someone using one of the most reliable forms of physical evidence possible.

        • This isn't fishing - it's searching.

          It's searching the data from people who they don't have enough cause to get a warrant for. If the police has enough evidence to get a warrant to test your dna, it's searching. If the police look through everyone's dna without cause until they find a match, it's fishing.

          It's the same reason if they get a warrant to search for a stolen car in your house, they're not allowed to look in the drawers, because a car can't fit in there. If they do look in the drawers, and find drugs, they can't charge you, because

          • by DarenN ( 411219 )

            The question is if asking a company to see if they have DNA match is equivalent to 1. asking a storage company for CCTV footage to try and see if there is someone similar in the footage or 2. asking a storage company to allow access to all the storage bays to see if a sniffer dog gets a hit.

            Realistically it's probably closer to 1 than 2, with the caveat that the DNA data does not "age" in the same way as footage and will be stored for a lot longer.

    • by raymorris ( 2726007 ) on Sunday June 09, 2019 @09:49PM (#58737470) Journal

      Rule 17 and Rule 45 cover subpoena duces tecum. There are several ways to have a subpoena quashed, and other ways to render it unenforceable.

      First, the party seeking the subpoena would need to specify exactly which document(s) they want, and in order to enforce the subpeona there would have to be a showing that the respondent HAS such documents.

      The service may not HAVE any matching DNA profiles, so you can't force them to produce some. You have to specify which profiles you want, specifically enough that searching for them doesn't create an undue burden on the respondent. Search for partial matches may or may not be an undue burden in different cases.

      Specificity isn't the only criteria for undue burden. The respondent could claim undue burden for any other reason.

      An expert can NOT be made to produce a scientific opinion by subpoena. The respondent could argue that the degree or likelihood of match is a scientific opinion based on training and experience, which cannot be subpoenaed.

      Rule 45 is specific in saying respondents do not have to produce documents further than 100 miles from where they are, so police would have to go pick them up. Rule 17 is not quite that specific, but refers to rule 45.

      It's possible that investigators could get a subpoena, it's possible that the subpoena would not be quashed, and it's possible that a court would enforce it via contempt. None of those things are certain.

      • by AmiMoJo ( 196126 )

        Given that their entire business is doing DNA matches it would be hard to argue that doing one for the police would be burdensome.

        From there the police can get their own DNA "expert" and use he Reid Technique to extract a confession from the suspect.

        • Maybe so. A quick glance at their web site seems to indicate their line of business is mostly:

          Checking two samples / people for a match.
          This asks if Amijojo is my long-lost sibling. This could be done manually and take an hour of a technician's time.
          Doing a comparison against each and every person in the country is millions of comparisons, theoretically could be millions of hours.

          Secondly they offer a general estimate of your heritage - you have a lot of European genes. Aka, you are white. That's not specif

        • Comment removed based on user account deletion
  • But its operators granted a Utah police department an exception to find the assailant who choked unconscious a 71-year-old woman practicing the organ alone in church.

    I wonder if they did this, knowing that there would be a backlash that would result in shutting off most access.

  • temporary (Score:4, Insightful)

    by hdyoung ( 5182939 ) on Sunday June 09, 2019 @09:56PM (#58737484)
    The image of my face is not my private property. The government has my photo and can use it to identify me if they think I've committed a crime. I see no reason why DNA won't eventually be considered the same way. Concerns about dystopia? Yup. But we're gonna have to deal with it somehow. No way that DNA sequence is going to be off-limits 20 years from now. It'll be in the same category as a facial photo or fingerprints.

    Except that it'll be way, way WAYYYYYY more accurate. False convictions will go way down.
    • Re:temporary (Score:4, Informative)

      by Anonymous Coward on Sunday June 09, 2019 @10:20PM (#58737528)

      Except that it'll be way, way WAYYYYYY more accurate. False convictions will go way down.

      Things you should know about DNA evidence:

      • DNA is said by some to be unique to all but identical twins, however, there is no scientific proof of such uniqueness.
      • DNA samples must be measured before comparison. Too much DNA can skew a sample. Too little can lead to a "no result".
      • DNA evidence does not evaluate a full DNA sequence of either source material nor comparison material (that would be too expensive), instead it relies on STRs (Short Tandem Repeats).
      • DNA samples are often amplified (i.e.: copies are made) through PCR. Any copy process can have errors, meaning the copies are not 100% identical to the source material.
      • Electrophoresis produces an analysis of DNA samples, which are then interpreted by humans. Humans make mistakes.

      Given all of the above, DNA evidence is not evidence that can stand on its own. Taken in conjunction with other evidence it can help exonerate someone or convict them, but it is definitely not the "Be All, End All" of the matter.

      • by jabuzz ( 182671 )

        The electrophoresis gels are no longer analysed by humans. It would cost way to much if that where the case. This is all automated now, which is why the cost has fallen through the floor.

  • FamilyTreeDNA's database is just as large as GEDmatch and unlike GEDmatch, FamilyTreeDNA defaults to opt-in rather than opt-out.
  • There was a match but the user has not opted in to provide the information

    Here is a subpoena. Give it to us.

    Don't say there is a match, you say?

    There is no match.

    When it comes out there was a match, the company is charged with obstruction of justice and the entire database is seized and searched to see how many other charges can be added. Also, the database is now evidence, which means the entire database may become widely available.

    By the way, this whole ghetto, wannabe criminal "Don't Snitch" attitude just shows you are horrible people.who are the reason the country is in the shitter.

  • by Pinky's Brain ( 1158667 ) on Monday June 10, 2019 @08:09AM (#58738654)

    A single burglary causes a massive amount of monetary and emotional damage.

    Fuck em all.

  • by DaFallus ( 805248 ) on Monday June 10, 2019 @01:56PM (#58740580)
    I've never submitted DNA to one of these services so I'm not familiar with the process. How do these companies guarantee that the DNA provided actually belongs to the person that it is submitted for? Do you have to go to a clinic and have your blood drawn in front of a notary or something? If not, whats to stop me from submitting DNA samples under someone else's name?
    • You dont go to a clinic, simply affirm that you (what ever you decide to call yourself) are the person giving the sample.

  • Law enforcement should never be access to these databases. The person or persons they eventually arrest never consented to giving law enforcement a DNA sample, and just because a close relative did, still doesn't mean the one arrested ever gave such consent. Being able to use one's relatives against them, when the sample was submitted merely for themselves to find members of their family should NOT extend to that data being used to find suspects. Congress needs to pass a law to prevent this abuse.

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