DHS Move Ahead With Plan To Harvest DNA Samples From Nearly Everyone Detained By ICE And CBP

from the don't-forget-to-pack-your-saliva dept

Looks like everyone roaming across the board is going to become a source of info for the US government. The DHS has already rolled out facial recognition at international airports and additional biometric collections elsewhere. The Fourth Amendment's near-nonexistence at the border has led to a steadily-increasing number of invasive device searches. Visa applicants and other long-term visitors are being forced to turn over social media information (including passwords) during the application process.

Now, the DHS is hoping to collect DNA from nearly every immigrant it has in custody. The DHS first pitched this idea back in October, hoping to strike the lone exemption keeping it from collecting samples from the hundreds of thousands of people crossing southern borders every year.

The previous administration said it simply wasn't feasible to collect DNA from every detainee, especially those rounded up near southern borders. This administration says it's no longer a logistical problem, so it should be allowed to collect it from everyone detained by ICE or the CBP.

[S]ubsequent developments have resulted in fundamental changes in the cost and ease of DNA-sample collection. DNA-sample collection from persons taken into or held in custody is no longer a novelty. Rather, pursuant to the mandate of § 28.12(b), it is now carried out as a routine booking measure, parallel to fingerprinting, by Federal agencies on a government-wide basis.

The rule change removes the logistics exemption, effectively removing the power to make judgment calls on DNA collection from the DHS and placing it in the hands of the Attorney General. Presumably, Bill Barr will be far less likely to exempt any immigrants from this DNA collection, no matter how much of a burden it places on the agencies performing the collection.

The change is now in effect and the DHS is moving forward with its expanded DNA collection.

The U.S. government on Monday launched a pilot program to collect DNA from people in immigration custody and submit it to the FBI, with plans to expand nationwide.

In Detroit, people as young as 14 will be subject to DNA collection.

The information would go into a massive criminal database run by the FBI, where it would be held indefinitely. A memo outlining the program published Monday by the Department of Homeland Security said U.S. citizens and permanent residents holding a “green card” who are detained could be subject to DNA testing, as well as asylum seekers and people entering the country without authorization. Refusing to submit DNA could lead to a misdemeanor criminal charge, the document said.

It will take more than a detention to collect DNA from US persons and lawful permanent residents, so that's not an entirely accurate synopsis of the DHS's memo [PDF]. US persons and lawful residents will have to be under arrest or facing criminal charges to be subjected to the DNA collection.

But it does change the scope of the collection, which will now include as many immigrants as possible, even if they're crossing at heavily-trafficked areas of the border. It also means the DHS is creating additional logistical challenges under the theory that filling an FBI database with non-criminals will make it easier to apprehend criminals.

The DHS expects this to cost an additional $3-5 million a year, including the $5.38 the FBI spends for each DNA kit. Processing is another matter -- the DHS did not address this cost in its proposal other than saying the FBI "won't charge" the DHS for processing. This is an especially meaningless assurance. Taxpayers will still be paying for the gratis processing the FBI will be performing. There will just be less paperwork involved.

Even if it's cost-effective, it's still mostly useless. Most of the DNA collected will be linked to people who did nothing more than attempt to cross a border. It puts more needles in the FBI's haystack under the theory it might result in the occasional apprehension of a dangerous individual. Even the DHS believes the collection won't do much to ensure the worst of the worst aren't returned to general population.

The DHS memo acknowledged that the DNA its agents collect may not be immediately useful. Agents plan to take saliva swabs of detained people, then mail them to the FBI. By the time the results are processed, the memo said, the people in question may have already been released, deported or transferred to another federal agency.

Useful or not, the collected DNA belongs to the US government for life. The government has authorized DNA collection on detainees as young as 14 and can hold onto the info indefinitely. In practical terms, this means CBP and ICE will be taking DNA samples from children because agents generally decide how old immigrant minors are, rather than relying on produced documents or statements from detainees and family members. If they really want the sample, they'll just declare someone to be 14 years old.

Maybe the ultimate goal is to make coming to America just not worth the hassle. The government's thirst for data is never quenched. Every so often the public may make it take a step back from the fire hose, but it will always come back for more.

Filed Under: cbp, dhs, dna samples, ice, privacy

Remember That Report About WIPO Misconduct That WIPO Tried To Censor Through Bullying? It's Been Leaked

from the of-course-it-would-eventually-get-out dept

Last fall, we wrote about claims that World Intellectual Property Office (WIPO) director Francis Gurry was involved in some quite incredible practices in secretly obtaining DNA samples from WIPO employees, to try to sniff out who had sent certain letters. This came after some other scandals involving ignoring UN sanctions (even though WIPO is an UN organization) against sending computers to both North Korea and Iran.

Earlier this year, Gurry was re-nominated for the position. Soon after that, it was reported that one of Gurry's top deputies, James Pooley, had filed a document accusing Gurry of misconduct over the DNA situation and some other things. But what was really crazy was that when patent blogger Gene Quinn posted a copy of Pooley's document along with his own analysis of it, WIPO's top lawyer threatened Quinn with criminal charges for merely reporting on a document filed by a top WIPO official! Quinn, who was recovering from a medical procedure at the time and didn't want to deal with the hassle of a fight, decided to take down the post and the document.

Last week, the Register reposted the document along with an article declaring it an "exclusive." That's a bit debatable, given that Quinn clearly had it before them (something the Register doesn't even bother to acknowledge). The Register also fails to acknowledge that the basics of the DNA scandal were known months ago. Still, it's good to see the document finally be brought to light, and we'll see if WIPO now goes after The Register like it did Quinn. We've also posted the document below.

The full report goes beyond just the DNA scandal, to making a direct claim of corruption, concerning a non-competitive procurement process, that resulted in WIPO doing a deal with an Australian company run by an acquaintance of Gurry. According to Pooley's letter, the firm, Argo Pacific, run by Gurry's friend Paul Twomey, put in a bid that was much more expensive than others. Upon realizing this, Gurry directed the committee evaluating the proposals to change the evaluation formula, such that price was much less important, leading Argo to "win." Even then, Argo failed to beat the competition, so the letter alleges that Gurry totally removed the process from the competitive bidding system, and awarded it directly to Argo Pacific.

To be fair, none of this is proven -- though the stories of problems within WIPO have been around for a while. Furthermore, some have suggested that this is actually a coordinated attack to smear Gurry for not being as willing to push US maximalist patent and copyright policies (and being more willing to listen to developing nations). Still, the allegations are certainly serious and should be investigated. The fact that WIPO has tried to completely stifle and censor a blogger discussing this filed report by a WIPO official with bogus threats of criminal prosecution only make it that much more worthy of ensuring the situation is fully investigated. As I noted, when we last wrote about it, the attempt to intimidate, threaten and silence a blogger seems even more serious than the other allegations against Gurry.

Meanwhile, The Register does have more details about what has happened since this complaint was submitted -- and it continues to raise questions about how WIPO is managed:

The US State Department and South Korean officials have both asked for an independent investigation into the allegations, but instead WIPO appointed its own committee to decide if further action was required. This committee was allegedly implicated in the original, secret DNA testing of senior staff.

In May this year WIPO's "Independent Advisory and Oversight Committee" (IAOC) considered whether there was a conflict of interest in handing the investigation to the organisation's own Internal Audit and Oversight Division (IAOD).

In early May, WIPO's legal counsel advised:

“The director of the IAOD deemed himself to have a conflict of interest, due to the fact that the Report refers to him (together with a number of other WIPO officials) in the DNA allegations. For this reason he recused himself from considering the report.”

But by the end of May, the IAOD, and its director Thierry Rajaobelina, apparently decided it was quite capable of carrying out a preliminary investigation without any fear of a conflict of interest.

Folks within WIPO are apparently not pleased with this and there has been continued back and forth over whether or not there will be a truly independent investigation of Gurry and his activities as it relates to the DNA samples.

No matter what, this is clearly an issue of public interest, and we certainly hope that WIPO will not stoop so low as to try to censor other members of the press, as it did with Quinn.

Filed Under: censorship, corruption, dna samples, francis gurry, gene quinn, james pooley, surveillance, un, wipo