Civil libertarians on Friday complained about a new law that allows collection of DNA profiles from everyone arrested in the United States, regardless of the alleged crime or whether they are eventually convicted.

The Department of Justice Reauthorization bill, which was signed by President George W. Bush on Thursday, includes no restrictions on the way the information is used, according to Barry Steinhardt, director of the American Civil Liberties Union’s Technology and Liberty Project.

The bill permits arrestees’ DNA to be stored in an FBI database called the Combined DNA Index System (CODIS), from which it could be used to search for genetic matches to crime scene blood, semen, or hair samples.

The bill also gives the U.S. government clearance to collect DNA from foreigners attempting to enter the country illegally.

Until now, only DNA profiles from convicted felons could be included in CODIS. Although California and Louisiana have passed legislation permitting them to collect DNA from everyone arrested, they have not previously been empowered to enter arrestees’ DNA profiles in the national database.

Three other states―Virginia, Minnesota, and Texas―had passed laws allowing police to record the genetic profiles of people arrested for certain crimes.

Differing Viewpoints

While proponents of the new legislation argue it will help identify criminals more easily and frequently, others worry that genetic profiles could be used more broadly.

“DNA is not merely useful for identification, it’s the very stuff of our lives,” Mr. Steinhardt told RedHerring.com.

“What we’re creating here is a databank of personal information which includes who our true parents are, what diseases we’re susceptible to, some would argue our propensity for crime and sexual orientation,” he added. “As testing gets cheaper and easier, the temptation to use this for other purposes will be irresistible.”

Research already has linked duplications of an SRY, a Y chromosome gene which acts as a trigger for testicular development in human and other mammals, to criminal activity.

The ACLU expects the new legislation to be challenged in the courts.

Business Benefits

Those most likely to financially benefit from the bill are DNA testing companies. Of these, Princeton, New Jersey-based Orchid Cellmark is the largest and most prominent. It was the first to carry out forensic tests on DNA for the federal government, in 1987.

Orchid’s executive director of forensic science, Mark Stolorow, describes the new legislation as a “watershed event for the federal government.”

“There’s no real downside. The [cheek swab] samples are less invasive than taking fingerprints,” he said. “Given the fact that less than 10 percent of the crimes committed in the U.S. that have the potential for the evidence to undergo such testing currently do, we look forward to the rapid expansion of DNA technology.”

Mr. Stolorow played down the risks to civil liberties.

“If the person’s not committed any crime, then he’s not subjecting himself to any risk. These identifications are as absolute as fingerprints―they pick the right person and you identify them, with the exception of identical twins, or the identification will be rejected,” he added.

Digital Files

One of the main virtues of DNA profiles is their digital nature. Unlike European justice systems, all North American agencies conform to a standard profile that assigns a pair of numbers to describe an individual’s genetic code at 13 chromosomal locations.

“What you get from a fingerprint or a firearms or hair analysis is continuous information,” said Mr. Stolorow, who noted that requires expertise to determine if a match exists.

“In the area of DNA, added to the fact that this is highly reproducible, objective evidence, a computer can make the determination of whether the 26 numbers are identical or different,” he added.

Orchid Cellmark has won multiple contracts under the DNA Initiative that provides approximately $175 million annually to the criminal justice system to reduce the backlog of DNA cases and convicted offender profiles that need to be tested.

There are currently more than 500,000 untested DNA samples sitting in the property rooms of police departments and crime laboratories. With 100,000 reported sexual assaults and 25,000 homicides recorded in the United States every year, the backlog accounts for “years’ worth” of samples, according to Mr. Stolorow.