Thursday, April 17, 2008

Feds to collect DNA from every person arrested

The Washington Post (registration required) reports that federal authorities now plan to collect DNA samples from anyone arrested by a federal enforcement agency. This is a massive expansion from the current policy - which collects DNA only from convicted felons.

"The initiative, to be published as a proposed rule in the Federal Register in coming days, reflects a congressional directive that DNA from arrestees be collected to help catch a range of domestic criminals. But it also requires, for the first time, the collection of DNA samples from people other than U.S. citizens and legal permanent residents who are detained by U.S. authorities."

"Reuters - "The initiative, to be made public within days, will add genetic information on more than 1 million people per year to a DNA database run by the Federal Bureau of Investigation"
AP News Story - "The proposed rule is being published in the Federal Register. That will be followed by a 30-day comment period."

Let's stop and think for a moment about what this means. Any time after someone is arrested, this DNA sample is taken. Not after arraignment, not after indictment, not after conviction, not after a probable cause hearing, not after the person has talked to their lawyer or seen a judge. This means every single person ever arrested by the feds will have their DNA taken and stored. More than 1 million people per year. Wow.

So here's the part where we can do something:
How can I use the Federal Register to affect Federal rulemaking?
"Any person or organization may comment on it directly, either in writing, or orally at a hearing. Many agencies also accept comments online or via e-mail. The comment period varies, but it usually is 30, 60, or 90 days. For each notice, the Federal Register gives detailed instructions on how, when, and where a viewpoint may be expressed. In addition, agencies must list the name and telephone number of a person to contact for further information."

So, once this rule gets published in the Federal Register, I'll post the instructions they provide on how to submit comments on the rule.

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