Computers, Privacy & the Constitution

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SamSmartFirstPaper 4 - 05 Apr 2021 - Main.EbenMoglen
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Introduction For over three decades, authorities floundered in their search for the Golden State Killer, a man responsible for at least 13 murders, 50 rapes, and 120 burglaries. Their breakthrough in 2018 was the result of a DNA match—by uploading crime scene DNA to an online genealogy database, investigators were able to link the evidence to the killer’s great-great-great-grandparents and make an arrest. In addition to taking dangerous offenders off the streets and giving victims and their families peace of mind, DNA testing has been used to exonerate more than 200 wrongfully convicted people.
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 parties. Given the privacy and constitutional interests at stake in law enforcement’s use of commercial DNA databases, individuals’ rights will be at risk so long as this area goes unregulated.
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A very good first draft. The best route to improvement on the execution side is to add links to good-quality sources supporting the extensive factual propositions included here. If you found them in the course of preparation for writing the draft, they should be easy to add.

Substantively, I think the best route to improvement is to concentrate less on the Fourth Amendment, which simply does not provide relevant protection for the privacy of genetic information held by third parties, given ts limitation to criminal prosecution situations and the absence of need for the direct introduction of genetic evidence once the persons of interest identified by genetic searching have been investigated and other evidence gathered by other means. More attention to the legislative possibilities would therefore be helpful.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.

Revision 4r4 - 05 Apr 2021 - 12:55:15 - EbenMoglen
Revision 3r3 - 13 Mar 2021 - 16:59:10 - SamSmart
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