EPIC filed a 'friend of the court' brief in US v. Pool. The Ninth Circuit case challenges the constitutionality of a federal law requiring every felony defendant to submit a DNA sample as a condition of pre-trial release. The DNA is used to create profiles in a national DNA index system. EPIC observed that "today's science shows that DNA reveals vastly more personal information than a fingerprint," noting "DNA samples contain genetic information that can reveal personal traits such as race, ethnicity and gender, as well as medical risk for conditions such as diabetes." The government keeps the full DNA sample indefinitely, retaining all of an individual's genetic information. A three-judge panel previously upheld the law, but an eleven-judge panel is now rehearing the case. For more information, see EPIC: US v. Pool, and EPIC: Genetic Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler