Limitations to the Police Use of Geneology Databases

[jbriggs444]

That would presumably include not giving up your DNA without a warrant.

Fourth amendment seems more on-point than first or fifth. DNA is not speech.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[Vanadium 50]

It's a Fourth Amendment issue.

 

[sysprog]

It's a Fourth Amendment issue.

Prior to Watson and Crick's DNA work. and prior to PCR-GE, one could give out one's own personally identifying information (e.g. fingerprints, photographic facial image) without giving out his third cousin's identifying information.

Although I do not disagree with those who opine, as you have, that the right to not have our own DNA information unreasonably seized is a Fourth Amendment issue, a putative right that corporations and private individuals should not be allowed to make the DNA information of others, without their consent, publicly available, is more akin to a natural and automatic copyright issue.

That's something I view as part of the issue set regarding reasonable restrictions on rights, specifically on what we have broadly categorized as freedom of the press, which makes it also a First Amendment concern.