From today's CATO Daily Dispatch

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FBI's DNA Database Could Be Vastly Expanded
"DNA profiles from hundreds of thousands of juvenile offenders and adults arrested but not convicted of crimes could be added to the FBI's national DNA crime-fighting program under a proposed law moving through Congress," USA Today reports. "

The law, if enacted, would be the greatest single expansion of the federal government's power to collect and use DNA since the FBI's national database was created in 1992. The FBI says its national DNA database holds genetic profiles from about 1.4 million adults convicted of state and federal crimes."

Timothy Lynch, director of Cato's Project on Criminal Justice, warned of the dangers of DNA collection in "Databases Ripe for Abuse," published by USA TODAY in 2000. "The federal government is constantly trying to expand its purview over every aspect of American life," he writes. "And wherever the feds go--whether it be health care or education--they inevitably demand information about people. Sooner than you think, the feds will want your DNA to be stored in an FBI database."

He continues: "There is, of course, cause for concern. Federal officials have abused their powers in the past, such as by throwing Japanese-Americans into detention camps, by conducting barbaric experiments on black men in Tuskegee, Ala., and by deliberately exposing GIs to atomic blasts, to name just a few. If we believe that tomorrow's political leaders will somehow be incapable of abusing their power over a fully centralized DNA database, the next generation will never forgive us--and rightly so."

Wyatt Dubois, editor, [email protected]

Databases Ripe for Abuse: Opposing View
by Timothy Lynch

August 21, 2000

Timothy Lynch is director of the Cato Institute's Project on Criminal Justice.

The federal government is constantly trying to expand its purview over every aspect of American life. And wherever the feds go -- whether it be health care or education -- they inevitably demand information about people. Sooner than you think, the feds will want your DNA to be stored in an FBI database.

Congress unleashed a runaway train in 1994 when it established a program called Combined DNA Index System (CODIS). The CODIS program offered state officials federal funds if they assisted the FBI with DNA-sample collection. By 1998, all 50 states had passed laws requiring local police departments to collect DNA samples. At first, the demand for DNA collection seemed innocuous and uncontroversial. Only convicted sex offenders would be required to give DNA samples. Such a database would enable the authorities to track down serial rapists. Who could oppose that?

Once the DNA database was established, however, the police quickly realized that they could increase their chances of catching criminals by expanding it. We've been sliding down the slippery slope ever since.

The second stage was to get a sample from all convicted felons, not just sex offenders. In New York, Gov. George Pataki is pushing to require anyone convicted of a misdemeanor to submit to DNA profiling. The former police commissioner of New York City, Howard Safir, goes even further. He says that any person arrested should be included in the database. According to Safir, "The only ones who have anything to worry about from DNA testing are criminals." Then why stop with arrestees? Why not obtain samples from every single American?

There is, of course, cause for concern. Federal officials have abused their powers in the past, such as by throwing Japanese-Americans into detention camps, by conducting barbaric experiments on black men in Tuskegee, Ala., and by deliberately exposing GIs to atomic blasts, to name just a few.

If we believe that tomorrow's political leaders will somehow be incapable of abusing their power over a fully centralized DNA database, the next generation will never forgive us -- and rightly so.

This article originally appeared in The USA Today on August 21, 2000.
 
FBI may collect juveniles' DNA
Mon Nov 17, 6:44 AM ET

By Richard Willing, USA TODAY

DNA profiles from hundreds of thousands of juvenile offenders and adults arrested but not convicted of crimes could be added to the FBI (news - web sites)'s national DNA crime-fighting program under a proposed law moving through Congress.

The law, if enacted, would be the greatest single expansion of the federal government's power to collect and use DNA since the FBI's national database was created in 1992. The FBI says its national DNA database holds genetic profiles from about 1.4 million adults convicted of state and federal crimes.

The changes, in a little-noticed section of a bill that would authorize $755 million for DNA testing, were approved by the House of Representatives on Nov. 5. Backers say the Senate is likely to approve a similar version by early next year.

The FBI system works by using computers to match a person's DNA, the cellular acid that contains an individual's unique genetic code, to DNA taken from unsolved state and federal crimes. Using DNA drawn from convicted adults, the system made 8,920 matches through September, the FBI says.

Proponents, including the Bush administration, say that expanding the number of profiles in the database would greatly increase the number of crimes solved. Keeping DNA profiles on file to solve future crimes, they argue, differs little from maintaining a database of fingerprints, which the FBI also does.

The American Civil Liberties Union (news - web sites) counters that DNA is different because it contains genetic information that should be kept private. Taking a person's DNA before he is even convicted, said ACLU Washington lobbyist Jesselyn McCurdy, "removes the presumption of innocence."

Advocates for juveniles say that giving teenagers what amounts to a "permanent criminal genetic record" defeats the purpose of the juvenile justice system by treating the youths as adults.

"It runs counter to the tenets of juvenile court, which is toward confidentiality and giving a child another opportunity to turn around," said Nancy Gannon of the Coalition for Juvenile Justice, which advises state governments on justice policy.

Thirty states already collect DNA from juvenile offenders, typically ages 13-17, for their own use. In 1998, the most recent year for which statistics are available, 634,000 youths were found responsible for crimes by juvenile courts or other authorities.

Virginia began taking DNA from arrestees in January and expects to collect 8,000 samples this year. Other states are considering arrestee sampling. To date, Virginia has matched DNA taken from arrestees to 40 unsolved crimes, including 11 sexual assaults. But federal laws prevent these samples from being added to the national database and compared to unsolved crimes in other states.
 
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