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DNA based Geneology Sites; Could They be an Invasion of Privacy
Apr 28, 2018 10:14:35   #
Mutton Dressed As Lamb
 
During a ten year time span, from 1976 to 1986, a sexual predator was stalking California, committing at least 50 rapes and 12 homicides. Over the years, he was dubbed the Golden State K**ler. Earlier this week he was caught, thanks to DNA technology. While it was not available during his crime spree, material saved from the crime scenes, as well as rape kits taken from his victims yielded usable DNA years later. He was ultimately caught because a relative of his, curious about his own ancestry, submitted his DNA to one of these Geneology sites. Law enforcement somehow was able to access this information and determined that while this individual was not the k**ler, he was closely related to him. They then looked into all of his male relatives who were the right age to have committed these crimes and lived in the California area. They came up with a 72 year old retiree, Joseph James Deangelo was was still living in California. Placing him under surveillance, they obtained a DNA sample from his garbage, perhaps a discarded paper cup or toothbrush, and matched it to samples taken from the crime scenes and rape kits. He has since been arrested and is facing a Death Sentence. It is all well and good to make this scumbag face the music, but it also presents a legal challenge to these Geneology sites. Is releasing this information about clients' DNA, without a valid warrant, an invasion of privacy? All responses welcome.

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Apr 28, 2018 10:41:00   #
Michael Rich Loc: Lapine Oregon
 
Mutton Dressed As Lamb wrote:
During a ten year time span, from 1976 to 1986, a sexual predator was stalking California, committing at least 50 rapes and 12 homicides. Over the years, he was dubbed the Golden State K**ler. Earlier this week he was caught, thanks to DNA technology. While it was not available during his crime spree, material saved from the crime scenes, as well as rape kits taken from his victims yielded usable DNA years later. He was ultimately caught because a relative of his, curious about his own ancestry, submitted his DNA to one of these Geneology sites. Law enforcement somehow was able to access this information and determined that while this individual was not the k**ler, he was closely related to him. They then looked into all of his male relatives who were the right age to have committed these crimes and lived in the California area. They came up with a 72 year old retiree, Joseph James Deangelo was was still living in California. Placing him under surveillance, they obtained a DNA sample from his garbage, perhaps a discarded paper cup or toothbrush, and matched it to samples taken from the crime scenes and rape kits. He has since been arrested and is facing a Death Sentence. It is all well and good to make this scumbag face the music, but it also presents a legal challenge to these Geneology sites. Is releasing this information about clients' DNA, without a valid warrant, an invasion of privacy? All responses welcome.
During a ten year time span, from 1976 to 1986, a ... (show quote)


In this case it is fair..

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Apr 28, 2018 10:52:16   #
Mutton Dressed As Lamb
 
byronglimish wrote:
In this case it is fair..


But what about an individual who is unable to get a job or health insurance, because an employer or insurance company is able to access information about his health or ethnicity through this information?

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Apr 28, 2018 10:59:21   #
Michael Rich Loc: Lapine Oregon
 
Mutton Dressed As Lamb wrote:
But what about an individual who is unable to get a job or health insurance, because an employer or insurance company is able to access information about his health or ethnicity through this information?


In this age of mass interaction of information, anything that mankind utilizes, will be prone for abuse..

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Apr 28, 2018 11:14:49   #
son of witless
 
Mutton Dressed As Lamb wrote:
During a ten year time span, from 1976 to 1986, a sexual predator was stalking California, committing at least 50 rapes and 12 homicides. Over the years, he was dubbed the Golden State K**ler. Earlier this week he was caught, thanks to DNA technology. While it was not available during his crime spree, material saved from the crime scenes, as well as rape kits taken from his victims yielded usable DNA years later. He was ultimately caught because a relative of his, curious about his own ancestry, submitted his DNA to one of these Geneology sites. Law enforcement somehow was able to access this information and determined that while this individual was not the k**ler, he was closely related to him. They then looked into all of his male relatives who were the right age to have committed these crimes and lived in the California area. They came up with a 72 year old retiree, Joseph James Deangelo was was still living in California. Placing him under surveillance, they obtained a DNA sample from his garbage, perhaps a discarded paper cup or toothbrush, and matched it to samples taken from the crime scenes and rape kits. He has since been arrested and is facing a Death Sentence. It is all well and good to make this scumbag face the music, but it also presents a legal challenge to these Geneology sites. Is releasing this information about clients' DNA, without a valid warrant, an invasion of privacy? All responses welcome.
During a ten year time span, from 1976 to 1986, a ... (show quote)


I will give you another scenario. My wife and I did one of these sites because my wife was interested in determining one of her unknown ancestors. I went along for the ride. I get contacted by somebody in another state who is looking for his unknown birth father and his DNA matched up with mine that we are second cousins on his unknown father's side. He is asking for information on my father's side.

What I am concerned with is with all of the s**m artists today, why couldn't a bad guy pretend to be a long lost cousin, brother, wh**ever to get family information from someone ?

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Apr 28, 2018 11:37:10   #
Carol Kelly
 
byronglimish wrote:
In this case it is fair..


But more often than not, fairness doesn’t enter into the equation. If you don’t know who you are or who your ancestors were, who cares? I could feel this way because I have a very excellent record of my past, but I don’t think so.

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Apr 28, 2018 16:01:58   #
pafret Loc: Northeast
 
Mutton Dressed As Lamb wrote:
During a ten year time span, from 1976 to 1986, a sexual predator was stalking California, committing at least 50 rapes and 12 homicides. Over the years, he was dubbed the Golden State K**ler. Earlier this week he was caught, thanks to DNA technology. While it was not available during his crime spree, material saved from the crime scenes, as well as rape kits taken from his victims yielded usable DNA years later. He was ultimately caught because a relative of his, curious about his own ancestry, submitted his DNA to one of these Geneology sites. Law enforcement somehow was able to access this information and determined that while this individual was not the k**ler, he was closely related to him. They then looked into all of his male relatives who were the right age to have committed these crimes and lived in the California area. They came up with a 72 year old retiree, Joseph James Deangelo was was still living in California. Placing him under surveillance, they obtained a DNA sample from his garbage, perhaps a discarded paper cup or toothbrush, and matched it to samples taken from the crime scenes and rape kits. He has since been arrested and is facing a Death Sentence. It is all well and good to make this scumbag face the music, but it also presents a legal challenge to these Geneology sites. Is releasing this information about clients' DNA, without a valid warrant, an invasion of privacy? All responses welcome.
During a ten year time span, from 1976 to 1986, a ... (show quote)


Of course it is releasing this information. All of these sites have terms you must agree with and sign giving them the right to use your data, in other enterprises, or just outright sell it. If my profession had not been bank robbing I would sue them for tortuous interference with my business. Any one who succumbs to the allure of finding out who your ancestors were had better not ever commit a crime because they will have you in the slammer in a heartbeat. Worse, such people should pray that they never visit anyplace just prior to some heinous crime being perpetrated since there is no way to distinguish between one day old or two day old DNA samples. They could end by getting arrested for someone else's crime. Don't have stupid relatives either because they can find your family and you eventually.

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Apr 28, 2018 17:50:09   #
woodguru
 
So a guy who abandoned his girlfriend when she got pregnant gets contacted by his kid 20 years later and informed he owes child support with interest.

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Apr 29, 2018 13:24:13   #
Carol Kelly
 
byronglimish wrote:
In this age of mass interaction of information, anything that mankind utilizes, will be prone for abuse..



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Apr 29, 2018 13:25:05   #
Carol Kelly
 
son of witless wrote:
I will give you another scenario. My wife and I did one of these sites because my wife was interested in determining one of her unknown ancestors. I went along for the ride. I get contacted by somebody in another state who is looking for his unknown birth father and his DNA matched up with mine that we are second cousins on his unknown father's side. He is asking for information on my father's side.

What I am concerned with is with all of the s**m artists today, why couldn't a bad guy pretend to be a long lost cousin, brother, wh**ever to get family information from someone ?
I will give you another scenario. My wife and I di... (show quote)



Reply
Apr 29, 2018 13:27:50   #
Carol Kelly
 
woodguru wrote:
So a guy who abandoned his girlfriend when she got pregnant gets contacted by his kid 20 years later and informed he owes child support with interest.


And what about people who are adopted and for very good reason the records are sealed?All this dna stuff could bring on lawsuits and the courts are already jampacked with frivolity.

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Apr 29, 2018 14:01:20   #
son of witless
 
Carol Kelly wrote:
And what about people who are adopted and for very good reason the records are sealed?All this dna stuff could bring on lawsuits and the courts are already jampacked with frivolity.


Right now things are lining up more than coincidentally for my long lost second or fourth cousin half removed, not to be true. Of course somebody in the family may have some splaining to do. It wasn't me.

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Apr 30, 2018 05:58:33   #
king hall Loc: Tucson,AZ.
 
Mutton Dressed As Lamb wrote:
During a ten year time span, from 1976 to 1986, a sexual predator was stalking California, committing at least 50 rapes and 12 homicides. Over the years, he was dubbed the Golden State K**ler. Earlier this week he was caught, thanks to DNA technology. While it was not available during his crime spree, material saved from the crime scenes, as well as rape kits taken from his victims yielded usable DNA years later. He was ultimately caught because a relative of his, curious about his own ancestry, submitted his DNA to one of these Geneology sites. Law enforcement somehow was able to access this information and determined that while this individual was not the k**ler, he was closely related to him. They then looked into all of his male relatives who were the right age to have committed these crimes and lived in the California area. They came up with a 72 year old retiree, Joseph James Deangelo was was still living in California. Placing him under surveillance, they obtained a DNA sample from his garbage, perhaps a discarded paper cup or toothbrush, and matched it to samples taken from the crime scenes and rape kits. He has since been arrested and is facing a Death Sentence. It is all well and good to make this scumbag face the music, but it also presents a legal challenge to these Geneology sites. Is releasing this information about clients' DNA, without a valid warrant, an invasion of privacy? All responses welcome.
During a ten year time span, from 1976 to 1986, a ... (show quote)


To your question, the courts have ruled; in associating with a genealogy researcher the subject sells all rights...etc. (some language to that effect) but that is where it should be stopped. In my opinion. We should all be very concerned about the hidden exposure via unwitting surrender of our civil liberties which we heap upon ourselves just because we're curious.(?)

It could be of great benefit all of us if Mr. Deangolo's motion to suppress the DNA as evidence illegally obtained is granted by the court. In fact, I would think the genealogy websites would want the same outcome. I'm going to watch the legal workings on this one.

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Apr 30, 2018 10:31:26   #
Mutton Dressed As Lamb
 
king hall wrote:
To your question, the courts have ruled; in associating with a genealogy researcher the subject sells all rights...etc. (some language to that effect) but that is where it should be stopped. In my opinion. We should all be very concerned about the hidden exposure via unwitting surrender of our civil liberties which we heap upon ourselves just because we're curious.(?)

It could be of great benefit all of us if Mr. Deangolo's motion to suppress the DNA as evidence illegally obtained is granted by the court. In fact, I would think the genealogy websites would want the same outcome. I'm going to watch the legal workings on this one.
To your question, the courts have ruled; in associ... (show quote)


No way that will happen. A relative of Mr. Deangelo submitted his DNA, and it was found to be similar, but not identical to the k**ler. When it was determined that he was a possible suspect, a sample of his DNA was obtained from a paper cup, cigar butt, or toothbrush discarded by himself in the garbage. Nonetheless, this case might be harmful to the bottom line of these websites. No criminal with a 3 digit IQ will submit a sample, and thousands of others, worried about an invasion of privacy, won't either. I am glad that this scumbag is facing the music, no matter how he was caught

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May 1, 2018 13:45:04   #
king hall Loc: Tucson,AZ.
 
Mutton Dressed As Lamb wrote:
No way that will happen. A relative of Mr. Deangelo submitted his DNA, and it was found to be similar, but not identical to the k**ler. When it was determined that he was a possible suspect, a sample of his DNA was obtained from a paper cup, cigar butt, or toothbrush discarded by himself in the garbage. Nonetheless, this case might be harmful to the bottom line of these websites. No criminal with a 3 digit IQ will submit a sample, and thousands of others, worried about an invasion of privacy, won't either. I am glad that this scumbag is facing the music, no matter how he was caught
No way that will happen. A relative of Mr. Deange... (show quote)


I'm not arguing the scum-bag shouldn't be prosecuted...he should be and swiftly. But the evidence established by the DNA should be voided because of the very point you make, *a relative submitted his DNA* STOP! THINK! We are all relatives of somebody. Out of personal curiosity, (how much Poco-haunt-me am I ) you surrender your DNA together with a payment in full for lab services. POINT: your action & the recipient's (lab) acceptance constitutes a legal agreement between 2 parties. UNBEKNOWN to you, your partner (lab) shares your information into a supercomputer that searches a database of tens of millions of like DNA submissions for the sole purpose of alerting the appropriate law-enforcement agency of a likely match against previously deposited information/sample.

If that reality-check isn't scary enough all by itself consider this; it is most probable that law-enforcement, at least on the federal level, negotiated with any and all websites wanting to sell a "Family History Service" *quid-pro-quo* If in fact such relations were negotiated and agreed to w/o your full knowledge then, by contractual law, your 2 party agreement for services is void by fraud.

This is my reason for saying a motion to suppress should be granted. Unless of course, the service provider's advertisement so stated; "we sell your blood to law-enforcement with the intent of solving historical cold cases." "This suggests there's a chance you may discover your great-great-great aunt Lizzy k**led her parents.

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