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Please, Let's Bury The Junk: The Codis Loci And The Revelation Of Private Information, David H. Kaye
Please, Let's Bury The Junk: The Codis Loci And The Revelation Of Private Information, David H. Kaye
David Kaye
This Northwestern University Law Review Colloquy paper describes the four possible ways in which genetic loci could possess predictive or diagnostic value with regard to diseases and explains why these mechanisms have not led, and probably cannot lead, to useful screening tests with the Convicted Offender DNA Index System (CODIS) profiles in national, state, and local databases. It then considers the phenotypes and familial relationships that the CODIS STRs can be used to identify. The profiles carry limited information about an individual's race and familial relationships, and the article places the resulting privacy issues in perspective. Finally, the paper comments …
A Fourth Amendment Theory For Arrestee Dna And Other Biometric Databases, David H. Kaye
A Fourth Amendment Theory For Arrestee Dna And Other Biometric Databases, David H. Kaye
David Kaye
Routine DNA sampling following a custodial arrest process is now the norm in many jurisdictions, but is it consistent with the Fourth Amendment? The few courts that have addressed the question have disagreed on the answer, but all of them seem to agree on two points: (1) the reasonableness of the practice turns on a direct form of balancing of individual and governmental interests; and (2) individuals who are convicted — and even those who are merely arrested — have a greatly diminished expectation of privacy in their identities. This Article disputes these propositions and offers an improved framework for …