Email In today's hyper-connected world, fighting climate change and building resilience to its impact are urgent priorities for us all. Thirty years ago, in response to horrific images of deforestation and a growing awareness that our planet's precious rainforests were at a tipping point, a new mass movement was born. But their voices could not be silenced. During the late s and early s, indigenous people from the Amazon took to the international stage to protest the destruction of their rainforest home, creating new alliances with international NGOs and even a few celebrities.
Pool is the federal government's authority to collect a DNA sample as a condition of release before trial from every individual formally charged with a felony. CODIS allows federal, state and local law enforcement and forensics laboratories to compare DNA profiles and link profiles to crime scene evidence.
Pool was not convicted of any offense at the time the judge ordered the test. Pool had no prior criminal record and entered a plea of 'not guilty' at his arraignment. A three judge panel for that court upheld the DNA collection order.
An en Banc panel for the Ninth Circuit subsequently agreed to hear the case, but the defendant pled guilty before the case could be reheard, and the appeal was dismissed.
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.
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.
A three-judge panel previously upheld the law, but an eleven-judge panel is now rehearing the case. For more information, see EPIC: Pooland EPIC: Pool refused, and challenged the constitutionality of two amendments to the Bail Reform Act, 18 U.
Pool alleged that mandatory DNA sampling and profiling was a violation of his Fourth Amendment rights because it constituted an unlawful search and seizure, as the government had no warrant or probable cause to sample and profile his DNA. The invasion of privacy Pool alleged is not the physical collection of a DNA sample, but the intrusive nature of the information contained in such a sample.
Pool argued that a DNA sample revealed much more than identification. He added that the government's assurances were insufficient to guarantee that the DNA sample will not be used for non-identification purpose.
The magistrate judge denied Pool's request for a hearing on the DNA collection requirement and ruled that requiring the DNA test violated none of Pool's rights.
Pool then appealed to the Ninth Circuit Court of Appeals. The concurring opinion by Judge Lucero emphasized the narrowness of the majority holding, highlighting the significant distinction between the wealth of personal information contained in a DNA sample and the specific information processed in this case.
Lucero stated that if the profiles or stored information are ever used for anything more extensive than identification, a different balancing test would be required. Further, the court considered only the government's stated uses, and not any potential misuse of the CODIS system.
The dissent Judge Schroeder issued argued that the government failed to justify a Fourth Amendment exemption, highlighting the majority's finding that DNA swabs and extractions of blood for DNA analysis are both searches under the 4th Amendment.
Judge Schroeder also asserted that the majority opinion mischaracterized the court's opinions in US v. Kincade and US v. Kriesel, which both upheld the government's authority to compel DNA profiling for certain convicted felons.
The majority cited the cases for the proposition that DNA testing anyone with limited Fourth Amendment rights is acceptable, but both cases emphasized that conviction, not any lesser impairment of rights, was a prerequisite for imposing compulsory DNA testing.
Schroeder also noted that the portion of Kincade the majority relied on to find that information produced from a DNA sample is minimally invasive is not law; it was from a section of the plurality opinion which failed to garner majority support.
Dismissal of The Case On June 2, the Ninth Circuit granted a petition to rehear the case en banc, thereby vacating the three-judge opinion. However, on September 19, the appeal was dismissed as moot because the defendant pled guilty.
As a result, the case was never heard en banc and the panel opinion has no precedential value. A large, centralized database comprised of DNA samples from millions of Americans has important implications for privacy rights.
Unique genetic information contained in DNA can identify an individual, identify family members, convey sensitive personal information. InEPIC submitted administrative comments to the TSA regarding the use of biometric data in access control systems used by workers at the nation's airports.
EPIC cited a number of ways in which such biometric systems can be easily defeated, such as by using false identification at enrollment, physical alteration of a personal biometric, skewing sample collection by not cooperating, and hacking into or falsifying the database.
EngladeF. KincadeF. The court held that an individual already convicted had a lowered expectation of privacy which allowed the DNA collection. Charles Raines, who was already incarcerated, was forced to submit to a DNA test, which ultimately linked him to an unsolved sexual assault. The Maryland Court of Appeals held that the Act did not violate Raines's rights because he, as an incarcerated individual, 'enjoy[ed] less liberty than that of ordinary citizens.
United StatesU. EPIC argued that the dramatic expansion of law enforcement databases riddled with inaccuracies and incomplete information puts individuals at risk and jeopardizes criminal investigations. In that case, the Supreme Court considered the Constitutionality of a police search premised on erroneous information from an inaccurate law enforcement database.Some experimental trains, like the current world-record holding TGV, have even exceeded mph.
But for practical purposes, mph may be the upper limit for conventionally wheeled trains. PANEL: Resilience and trust – before, during and after a cyber attack. High profile data breaches at PageUp, Equifax, Target, Sony, and others have demonstrated the perils .
If you've never heard of the human-resources start-up Zenefits, get ready to never forget it. The company announced last week an escalating series of errors and investigations that will most likely go down as a defining scandal of the latest tech boom.
Aon has been named repeatedly as the world’s best broker, best insurance intermediary, reinsurance intermediary, captives manager and best employee benefits consulting firm by multiple industry sources. What is a hyper-connected world?
It is the accelerating inter-connectivity between people globally at all time. This increasing connectivity has in so many ways made our lives so much easier and has also Improved the standard of our lives greatly.
This can be liberating for young people looking for a first break, seniors seeking to stay connected to the work world, or those who risk discrimination in face-to-face workplaces.