FAMILIAL SEARCHES, THE FOURTH AMENDMENT, AND GENOMIC CONTROL
Jacob S Sherkow1, Natalie Ram2, Carl A Gunter3
1Professor of Law, University of Illinois College of Law, Professor of Medicine, Carle Illinois College of Medicine, Professor, European Union Center, Affiliate, Carl. R. Woese Institute for Genomic Biology at the University of Illinois at Urbana-Champaign; Permanent Visiting Professor, Center for Advanced Study in Biomedical Innovation Law, University of Copenhagen, Faculty of Law.
Law enforcement uses consumer genetic data for crime solving, raising Fourth Amendment concerns. A new technology offers a solution to protect genetic privacy while enabling analysis.
Area of Science:
- Forensic Science
- Genetics
- Law and Technology
Background:
- Law enforcement increasingly utilizes consumer genomic databases for criminal investigations.
- This practice often bypasses traditional judicial oversight and Fourth Amendment warrant requirements.
- Existing platforms store vast amounts of user genomic data, enabling familial matching for suspect identification.
Purpose of the Study:
- To analyze the legal and technological context of using consumer genomic data in law enforcement.
- To address the Fourth Amendment implications of accessing expansive datasets.
- To introduce a novel technological solution for secure genomic analysis.
Main Methods:
- Review of legal precedents, including *United States v. Carpenter*.
- Description of a new technology enabling private genomic analysis.
- Contextualization of technological advancements with legal standards.
Main Results:
- The Supreme Court's ruling in *Carpenter* suggests expanded Fourth Amendment protections for large datasets.
- A novel technology has been developed for secure, third-party-free genomic analysis.
- This technology presents a potential method for safeguarding privacy.
Conclusions:
- There is a critical need to balance law enforcement's investigative needs with individual privacy rights.
- Technological innovation can provide solutions to constitutional challenges posed by big data.
- The developed technology offers a pathway to ensure Fourth Amendment protections for consumer genomic data.
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