Bill will let FBI us Rapid DNA Profiling Technology
HOUSE COMMITTEE OKS BILL LETTING THE FBI USE RAPID DNA
PROFILING
By Aliya Sternstein 11:34 AM ET
A DNA evidence bill that would let police in the field,
not just technicians in an accredited lab, quickly test the genetic material of
suspects has advanced to the House floor.
The measure centers around a relatively new screening
instrument the size of a printer, called Rapid DNA.
The idea behind the technology is to swiftly clear
innocents, detain criminals and free up technicians to clear rape kit backlogs,
among other things, say Judiciary Committee members who advanced the bill.
Currently, only DNA swabs analyzed in a crime lab, a
process that can take many weeks, are permitted to be run against the FBI's
central DNA database for matches.
The bipartisan House Rapid DNA Act, which the Senate
unanimously approved in June, would authorize a person’s cheek swab processed
by the automated tool to be uploaded into the database, named CODIS.
Rapid DNA analysis would have "profound
implications" for criminal justice, said Rep. James Sensenbrenner,
R-Wisc., who co-sponsored the measure.
"Arrestees may be exonerated in crimes in two hours
rather than waiting for up to 72 hours for release or months for more standard
DNA testing," he said before Thursday's voice vote of approval.
The measure is not expected to come up for a floor vote
until the panel wraps up a package of related criminal justice reforms, a
Judiciary Committee aide told Nextgov on background.
Committee ranking Democrat Rep. John Conyers, D-Mich.,
said the bill will have "real-world consequences" in places like his
district, where there is a backlog of DNA evidence from sexual assaults.
While Rapid DNA is not suited to handle rape kits and
other forensic evidence, use of the instrument to identify booked offenders
could make more technicians available for backlog processing.
As of March, Detroit technicians had tested about 10,000
backlogged rape kits, resulting in the identification of 753 potential serial
rapists and 36 convictions, Conyers said.
Genetic Analysis on the Fly Could Lead to Abuse, Say
Critics
But some civil liberties advocates are concerned the ease
with which nonscientists can instantly process DNA samples might increase
domestic surveillance. Long before Congress took action, the FBI had been
planning to incorporate Rapid DNA results into its massive Next Generation
Identification biometric system, the successor to the FBI's old Automated
Fingerprint Identification System.
"Police officers are already using mobile tools to
collect other biometrics like fingerprints and face recognition when they
detain people on the street, and there have been cases where officers have
collected DNA on the street as well — even from kids they have detained,"
said Jennifer Lynch, senior staff attorney at the Electronic Frontier
Foundation.
At a June 2015 Judiciary subcommittee hearing, FBI
Executive Assistant Director Amy Hess, testified that the bureau is working
"to determine the interfaces necessary for the integration of the Rapid
DNA components into the criminal history record and booking station
infrastructure originally established for the Automated Fingerprint
Identification System.”
FBI Director James Comey, in addressing privacy concerns,
has said people need to understand that Rapid DNA is not about collecting
genetic material from more people.
"It's about the DNA that's collected when someone is
arrested being able to be analyzed much more quickly," he said, testifying
at a December Senate Judiciary Committee hearing. "That can show us in
some cases this is the wrong person or can show us in some cases this is someone
we have to be very worried about."
Could 'Change the World'
Comey said authorizing Rapid DNA technology to hook up
with the FBI DNA database would "change the world."
The legislative proposal would allow authorities,
"in booking stations around the country, if someone's arrested, to know
instantly -- or near-instantly -- whether that person is the rapist who's been
on the loose in a particular community before they're released on bail and get
away, or to clear somebody, to show that they're not the person," he said.
"We are very grateful that we're going to have the statutory authorization
if that passes to connect those rapid DNA technologies to the national DNA
database."
Lynch said the intent of the bill and the outcome of the
bill’s passing may be very different.
"Despite Comey’s statements, this bill will likely
result in DNA collection from more people," she said. "Allowing Rapid
DNA to be entered into CODIS will incentivize more law enforcement agencies to
purchase and use Rapid DNA technology."
The Homeland Security Department, which is testing the
technology to verify relationships among immigrants, estimates the price per
profile is about $235 with the machine, versus $500 with a lab technician.
"Like all law enforcement technologies, once
agencies have already invested money, they will try to use that technology in
as many contexts as they can—in the case of Rapid DNA, there is nothing in the
bill to stop agencies from using it to collect DNA from people stopped on the
street," Lynch said. “The technology is portable, and, apparently not
difficult to use, so there’s nothing to prevent an officer from using the
machine right out of the trunk of a squad car.”
Responding to civil liberties concerns, the Judiciary
aide pointed to a 2013 Supreme Court decision that ruled the warrantless
collection of DNA from those arrested for a serious crime does not violate the
Fourth Amendment prohibition against unreasonable search and seizure.
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