Two New Laws Restrict Police Use of DNA Search Method

The New York Times ^ | 31 May 2021 | Virginia Hughes

[Theoria]

New laws in Maryland and Montana are the first in the nation to restrict law enforcement’s use of genetic genealogy, the DNA matching technique that in 2018 identified the Golden State Killer, in an effort to ensure the genetic privacy of the accused and their relatives.

Beginning on Oct. 1, investigators working on Maryland cases will need a judge’s signoff before using the method, in which a “profile” of thousands of DNA markers from a crime scene is uploaded to genealogy websites to find relatives of the culprit. The new law, sponsored by Democratic lawmakers, also dictates that the technique be used only for serious crimes, such as murder and sexual assault. And it states that investigators may only use websites with strict policies around user consent.

Montana’s new law, sponsored by a Republican, is narrower, requiring that government investigators obtain a search warrant before using a consumer DNA database, unless the consumer has waived the right to privacy.

The laws “demonstrate that people across the political spectrum find law enforcement use of consumer genetic data chilling, concerning and privacy-invasive,” said Natalie Ram, a law professor at the University of Maryland who championed the Maryland law. “I hope to see more states embrace robust regulation of this law enforcement technique in the future.”

Privacy advocates like Ms. Ram have been worried about genetic genealogy since 2018, when it was used to great fanfare to reveal the identity of the Golden State Killer, who murdered 13 people and raped dozens of women in the 1970s and ’80s.

[Grampa Dave]

Thanks for this info, and I agree totally with you!:

“The Montana one doesn’t mean that they have to get individual consumers’ permission, but that if the consumers have not waived their right to privacy as part of subscribing to a genealogy database service (and most of these services *do* require that as part of the terms of service) they have to go get a warrant to search the database as a whole. Which is as it should be; police should have to get search warrants to check any private medical or genealogical database instead of just trolling it at any time because they feel like it.”

[Spktyr]

They also look at mitochondrial DNA, passed on from mother to child. This actually stays identifiable through thousands of generations, passed down through the female line. (Males cannot pass this on.)

[gracie1]

Parabon utilizes gedmatch for their investigations. Users must opt in for use in law enforcement purposes. If you don’t want your DNA used, don’t opt in.

Btw, the murderer of a childhood friend of mine was identified as a suspect in a string of unsolved murders. Evidence from the crime was uploaded to CODIS, as well as evidence from the unsolved murders. He was convicted in 1 of the cases. These were cases that were unsolved for 30+ years.

[Spktyr]

Yup - DNA databases are the classic double edged sword. Care must be used. :P

[gracie1]

I would take a guess that most of the recent testers on ancestry are either adoptees or people with family mysteries, unknown or questionable paternity. The word is out that there’s a surefire way to figure it out. Unfortunately, many people thought that they could take their secrets to the grave.