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Home , DNA database, DNA Doe Project, Forensic genealogy, GEDmatch, Genetic genealogy, Murder of Marcia King

Chapter 4

A Glimpse into Genetic – Identifying Unknown Persons and Generating Suspect Leads in Violent Crimes

Vanessa Virdiramo, Muhammed Talal Shaikh, Emma Wolfram

Traditional genealogy has been studied for centuries, where documentary records (e.g. historical and medical) and oral histories have been used to trace back through history (Plemel, 2019). Due to advancements in direct-to-consumer (DTC) and related technologies, however, the field of has grown exponentially in recent years and individuals are now able to find relatives through shared DNA using at-home kits (Kennett, 2019). Genetic genealogy is based on the philosophy of , which encompasses the study of and genes, and is the process by which heritable traits are passed down unchanged from generation to generation (Alberts et al., 2015). The more closely related individuals are, the more DNA is shared between them. As such, it is now possible to learn more about long-lost relatives and and assess the risk of genetic illness, among other things, using genetic genealogy methods. Given these capabilities, these techniques have recently gained popularity among law enforcement agencies for identifying unknown individuals and generating suspects leads in criminal investigations using DNA. In 2019, direct-to-consumer (DTC) genetic genealogy databases were used to identify suspects and missing persons in over 50 cold cases, many of which were unsolved for decades (Kennett, 2019). Genetic genealogy and DNA databases have received an enormous amount of public attention throughout the years, however, this has sparked a controversial debate regarding the use of these methods for law enforcement purposes. This chapter describes the fundamentals of genetic genealogy and DNA databases, the application of DNA databases in forensic investigations, the ethical and privacy concerns regarding these methods, and the laws set in place to prevent

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Are We There Yet? The Golden Standards of Forensic the misuse of DNA database information. As well, there are numerous missing persons and cold criminal investigation cases to support this information.

How Genetic Genealogy Works

As aforementioned, genetic genealogy uses a combination of traditional genetic genealogy methods such as reviewing historical and/or medical records, and genetic analyses to examine history (Plemel, 2019). To do so, hundreds of thousands of single polymorphisms (SNPs) are analyzed, which are variations on particular locations in an individual’s autosomal DNA (atDNA) sequence (Mallett, 2019). Unlike other genetic markers such as mitochondrial DNA (mtDNA) and Y DNA, autosomal DNA (atDNA) is a type of DNA that is inherited from all ancestral lines and is passed on by both males and females (Mallett, 2019). Each individual has 22 autosomal possessing two copies of each one: one inherited from their father, and one inherited from their mother (Greytak et al., 2019). Each pair of parental autosomal chromosomes is recombined to create a new chromosome that is passed on to offspring (Greytak et al., 2019). Thus, SNPs from atDNA of any two individuals can be analyzed, regardless of their sex, to determine whether they are related and by what degree. The unit of measurement for these DNA segments is centimorgans (cM), which is a measure of and probability of recombination (Mallett, 2019). The atDNA is analyzed for segments of identical DNA above a particular length (five to seven cM), in order to determine the amount of DNA two individuals are likely to have inherited from a common (Mallett, 2019). When two individuals possess identical nucleotide sequences within their shared DNA, it is said to be identical-by-descent (IBD) (Greytak et al., 2019). that are closer together on a chromosome are more likely to be inherited together, while nucleotides that are further apart are more likely to be separated by recombination (Greytak et al., 2019). Recombination is the process by which pieces of DNA are exchanged between multiple chromosomes or regions of the same chromosome (Clancy, 2008). As a result, the more closely related the compared individuals are, the longer the shared segment of DNA on their chromosomes that is IBD and vice versa (Greytak et al., 2019).

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A Glimpse Into Genetic Genealogy

INHERITANCE OF DNA SEGMENTS ON A SINGLE CHROMOSOME

Image by Vanessa Virdiramo

Long stretches of DNA are broken-up by recombination of DNA over generations. The more closely related individuals are, the longer the length of shared DNA segments that are identical-by-descent (IBD). The more recombination events that take place, the shorter the shared IBD segments become, and the less related the individuals are. The unit of measurement for the IBD segments is centimorgans (cM). An example of inheritance of DNA segments is shown above. Each length of IBD segments are illustrated by shaded boxes to give the total amount of shared DNA amongst the 22 autosomes. In the image, full share the most DNA and first share the least DNA.

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Are We There Yet? The Golden Standards of

Genetic Genealogy Databases

There are several prominent direct-to-consumer (DTC) genetic testing companies on the market, including 23andMe, AncestryDNA, MyHeritage, and FamilyTreeDNA. The goal of these companies is to provide members of the public with information regarding their genetic heritage and likelihood for genetic diseases. These direct-to-consumer genetic testing company databases contain DNA from individuals who have willingly uploaded their DNA for the purpose of obtaining information regarding their ancestry. There is a combined total of approximately 28.5 million DNA profiles of individuals in all DTC genetic testing databases (Greytak et al., 2019). The genetic tests are performed on DNA microarrays which analyze more than 600,000 atDNA SNP markers scattered across a (Kennett, 2019). A single DNA profile can cost around $120 to $170 USD and requires the use of an at-home DNA kit (National Academy Press, 1992). Most kits consist of a three-step process of spitting in a tube, swabbing the inner cheek, and scraping the inner cheek (Greytak et al., 2019). Following the completion of this process, the DNA kit is submitted for analysis and the results are typically emailed back to the individual who completed the sampling process. To utilize and compare the data originating from different companies’ DNA databases, users can upload their raw genotype data to third-party companies, such as the DNA database GEDmatch (Tillmar, 2020). This is a public database, whereby individuals can compare their raw DNA data results from DTC genetic testing companies to DNA data files from different DNA testing companies (Greytak et al., 2019). Unlike DTC genetic testing companies, this company does not require a cheek swab or spit kit (Novroski, 2019). This publicly available database along with DTC genetic testing databases, allows for recreational genetic purposes but also for law enforcement use.

Application of Genetic Genealogy in Forensic Investigations

In the case of forensic investigations, genetic genealogy can be used to identify unknown remains or to generate suspect leads in violent crimes. This method takes advantage of genotype data generated from hundreds of thousands of DNA markers, as well as private and public DNA databases to trace the relatives of an unknown sample, typically obtained from a crime scene.

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A Glimpse Into Genetic Genealogy

Investigators can use a DNA sample obtained from a crime scene and compare it to publicly available open-data personal DNA databases like GEDmatch, or direct-to-consumer (DTC) genetic genealogy services like 23andMe, FamilyTreeDNA, or AncestryDNA. The most utilized genetic genealogy database by law enforcement is GEDmatch. This is because DTC genetic genealogy services have prevented access to law enforcement (Greytak et al., 2019). In fact, AncestryDNA and 23andMe do not allow law enforcement agencies to access their databases unless required by valid legal purposes (Kennett, 2019). In March 2019, FamilyTreeDNA revoked all access to non-US law enforcement. The only way to obtain ancestral information from these DTC genetic genealogy testing databases is by submitting a sample via a cheek swab or spit kit for testing on an SNP microarray (Novroski, 2019). In order for investigators to compare a DNA sample obtained from a crime scene to known DNA profiles uploaded to the publicly available DTC genetic genealogy websites, they must create their own DNA kit for submission (Novroski, 2019). This DNA kit must look at the same loci of DNA as the DNA kits from the ancestry websites, since a suspect does not have the opportunity to or may not be willing to spit, scrape, or swab (Novroski, 2019). Once a DNA kit is made, investigators generate a DNA profile and upload this information to a public database such as GEDmatch. From here, potential familial relationships between the forensic sample and service users can be determined, or the identity of the individual whom the forensic sample belongs. If potential relatives are indeed found, a family tree can be constructed and the suspect pool can be drastically reduced to a region, family, or single individual. The caveat of forensic genetic genealogy, however, is that it can only be used in forensic investigations when all other investigative techniques have been exhausted (Novroski, 2019). All investigative techniques have been exhausted when an unknown profile of a potential suspect of a violent crime has been uploaded to the Combined DNA Index System (CODIS) and there was a failure to produce a confirmed DNA match ( Department of Justice Interim Policy Forensic Genetic Genealogical DNA Analysis And Searching, 2019). Genetic genealogy may also be used if no leads have been found regarding an unidentified individual after all relevant information has been uploaded to the National Missing and Unidentified Persons System (NamUS) (“United States Department of Justice Interim Policy Forensic Genetic Genealogical DNA AnalysisAnd Searching,” 2019).

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Are We There Yet? The Golden Standards of Forensic Science

Forensic DNA Phenotyping (FDP) - Parabon Snapshot DNA Phenotyping

One promising genetic genealogy tool that takes advantage of DNA databases and is used by forensic investigators to generate suspect leads, narrow the suspect pool, and identify unknown individuals, is the Parabon Snapshot DNA Phenotyping Service. This forensic genetic genealogy service was introduced by Parabon Nanolabs in May 2018 and is funded by the U.S Department of Defense (Wienroth, 2020). It is based on the fundamentals of DNA phenotyping, which predicts the ancestry and physical appearance of an individual from their DNA (Schneider, 2019). More specifically, computer software programming and Next Generation Mini-Sequencing technology are used to analyze thousands of genetic variants from a DNA sample, as well as complex algorithms to compare the results with ~10,000 donor profiles (Wienroth, 2020). The donor profiles are obtained by volunteer subjects who disclose their physical characteristics, submit a DNA sample, and undergo a three-dimensional facial scan to report the structure, composition, and dimensions of their facial features (Wienroth, 2020). Following the analysis of the DNA sample, the system combines the raw data obtained from the analysis to reverse engineer an image of the unknown individual, as well as create a phenotypic report (Wienroth, 2020). This phenotypic report includes information on genetic ancestry, eye colour, hair colour, skin colour, freckling, and face shape (Schneider, 2019). The introduction of the Parabon Snapshot DNA Phenotyping Service by Parabon Nanolabs, created concern within the scientific community. The lack of information provided by Parabon Nanolabs on how the service functions to reconstruct faces from DNA, sparked debate regarding the accuracy of this software (Wienroth, 2020). The scientific community brought to light that this facial reconstruction service will serve optimistic promises about its capabilities that Parabon Nanolabs will not be able to fulfill. Additionally, the facial reconstruction service will have a negative effect on public perception (Wienroth, 2020). It was without a doubt that the lack of peer-reviewed papers regarding this service, also expressed impact on its scientific credibility. Despite the controversy surrounding the Parabon Snapshot DNA Phenotyping Service, it was used to identify many unknown individuals upon its introduction in 2018. In fact, by January 2019, victims and/or suspects in 25 cold cases were identified (Kennett, 2019).

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The Success of Genetic Genealogy

There have been several instances when law enforcement and investigators have turned to genetic genealogy. In April 2018, a missing persons case was closed and a cold criminal investigation case was solved in the United States by use of GEDmatch (Kennett, 2019; Flynn, 2018).

Marcia Sossoman

Marcia Sossoman, also known as the “Buckskin girl,” was a victim found on April 24, 1981, who was believed to have been killed by a serial killer (Kennett, 2019). Her information was uploaded to the National Missing and Unidentified Persons System (NamUS) database and facial reconstruction was performed. The case, however, remained unsolved and she was not identified until the DNA Doe Project took on her case almost 37 years later. The DNA Doe Project is a non-profit organization that uses DNA to identify missing persons (Kennett, 2019). They uploaded Marcia Sossoman’s DNA to GEDmatch to find any potential relatives. Ultimately, the ‘Buckskin Girl’s’ identity was made known as Marcia Sossoman after discovering one of her first cousins once removed.

William Earl Talbott II

In November 1987, Jay Cook and Tanya Van Cuylenborg of Canada were murdered while on route to , (Flynn, 2018). On November 24, Cuylenborg’s body was found in a ditch close to Alger, Washington. Investigators concluded that she suffered from a bullet wound to the head and was sexually assaulted. Several days after her body was found, her van, wallet, and keys were found near a Greyhound station in Bellingham, Washington. In the van, investigators found plastic ties and gloves. Two days later, on November 26, Cook’s body was found. It was determined he was beaten with rocks and strangled to death. No progress was made regarding this case until April 11, 2018, when DNA collected from semen found used by Parabon Nanolabs to create a composite sketch of the suspect using phenotyping. Additionally, Parabon uploaded the DNA sample to GEDmatch and two cousins of the suspect were identified. From this information, a family tree was constructed and the investigators were able to identify the suspect as William Talbott II. To confirm their findings, investigators

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Are We There Yet? The Golden Standards of Forensic Science compared a DNA sample obtained from a cup Talbott had thrown out to the unknown DNA sample from Cuylenborg’s underwear, and DNA consistency was confirmed. On May 18, 2018, Talbott was arrested for the murder of Van Cuylenborg. Talbott was subsequently charged with the second aggravated first- degree murder of Jay Cook on June 16, 2018. For these crimes, Talbott was ultimately sentenced to two life sentences in prison (Flynn, 2018).

The Future of Forensic Genetic Genealogy and DNA Databases

Genetic genealogy has come a long way over the past several years, gaining popularity by use of the public and law enforcement agencies due to the advancements in direct-to-consumer (DTC) genetic testing. This technique and its related tools have shown many promising benefits in forensic investigations. Not only can individuals of the public purchase a DNA cheek swab or spit kit unravel information regarding their ancestry, law enforcement can also identify unknown individuals and narrow the suspect pool for unsolved violent crimes. Notably, with every promising new tool and technique comes drawbacks. The application of genetic genealogy in forensic investigations has shown promising results, although there are several ethical and privacy related concerns which the public has become increasingly invested in. The main concern of the public is that individuals who have willingly uploaded their DNA to direct-to-consumer genetic testing databases consented to upload their DNA, but also their relatives, regardless of whether they have taken a DNA test (Kennett, 2019). For this reason, extensive analysis of the benefits and drawbacks of such methods must be performed, as will be seen in preceding sections of this chapter.

DNA Technologies and Crime Control

In recent decades, technology has continuously evolved in our society, and investigators or law enforcement officials need to take the appropriate and ethical measures to ensure that the privacy and safety of members of the public are always intact. The purpose of the following discussion is to describe how genetic databases are necessary to aid in the apprehension of violent perpetrators of crimes, despite the ethical concerns associated with them. This section will provide a brief history and overview of DNA databases while investigating the concerns that the public and authorities have raised about the use of these databases. Through the

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A Glimpse Into Genetic Genealogy exploration of laws and examples of cases that have been successfully solved with these tools and methodologies, the positive impact and benefits of these DNA technologies will be illuminated. Overall, the main goal of this subject is to discuss the different ideas behind why DNA databases are necessary for crime control and why it is more important to apprehend dangerous criminals than to worry about the of the public. The subject is best interpreted through an ethical lens by relating to the principles of beneficence and utility (Levack, 2009). These principles hold how the action of storing genetic information in Forensic databases is most beneficial when it carries the moral obligation of doing good by serving to aid in catching and keeping violent criminals away from the public. They will be best examined from the perspectives of the public as well as the perspectives of law enforcement or direct investigators involved in forensic cases. With these theories and principles, this discussion attempts to contrast the ratio of good outcomes (catching criminals using genetic databases and related technologies) to bad outcomes (using these technologies to invade an individual’s private information). These principles, policies, and federal laws formed, which will be discussed later, are applied toward the ethical dilemmas created by DNA database technologies. Together, they will indicate how these aids deliver tremendous benefits to society, ultimately asserting that using them in the aftermath of violent situations is the correct, ethical, and humanitarian choice.

Evolution and Purpose of DNA Databases

Before individuals can judge whether DNA technologies and other related tools have greater implications for negative associations, or are involved in breaches of privacy and safety, it is necessary to understand how these technologies came about and for what purposes. Following the introduction of DNA Fingerprinting, which was developed by , the DNA Identification Act of 1994 was established in the U.S.A. and implemented (Butler, 2010). This federal law was significant for the establishment of DNA databases as it provided the FBI with the authority to create a National Index System. This system contains DNA profiles of convicted individuals that have been sent from federal, local, and state laboratories. The was the first country to establish a national DNA database, which occurred in April 1995, with the U.S.A. following soon after in 1998 (Wallace, 2006). These genetic databases are of high value given their ability to assist in apprehending serial criminals, repeat or first-time offenders by

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Are We There Yet? The Golden Standards of Forensic Science establishing a link between crimes through compared DNA evidence. An inclusion is recorded when a suspect’s DNA profile is consistent with the DNA evidence recovered from the crime scene. Studies have shown that greater than 60% of individuals with violent crimes on their records are likely to be rearrested through the aid of DNA databases shortly after being released from state or federal prison (Butler, 2010). DNA databases serve a massive role in controlling the crime rate of these repeating perpetrators since their genetic information was already stored in the database, so it can be used repeatedly as an aid to search the suspect if they happen to recommit a crime following their release from prison. Genetic databases also provide huge benefits when it comes to cold cases. In 2018 alone, a profound impact was seen when 28 cold cases involving and rapes were successfully investigated through the aid of DNA databases and solved. One notable case was of Roy Charles Waller, who was convicted through the assistance of DNA databases and charged with more than 40 counts of rape since 1991 (Gearty, 2018). Without the existence of genetic databases, these violent perpetrators who failed to be reformed would not have been punished and protected from the public. The genetic information in databases must be kept in the database to be of value, however, due to sample backlogging, DNA profiles collected from convicted offenders may not be inputted into the database for some time. For this reason, the Federal Government and Bush Administration announced billions of dollars of funding for DNA testing and the storage of samples in national databases (Lichtblau, 2003). Specifically, Congress passed the DNA AnalysisBacklog Elimination Act of 2000 to allow for the collection of genetic information from all convicted offenders (Butler, 2010). Concerns began to rise following the implementation of the DNA fingerprinting act of 2005, which demanded the collection of a DNA sample of an individual following their arrest (Berson, 2008). Almost all U.S. states formed DNA arrestee collection laws that demanded a DNA sample from every arrestee who commits a felony offence. As the magnitude of the databases increased with more stored genetic information of different individuals, the effectiveness of locating and convicting the offenders also increased. In 2008, the number of investigations aided through the use of DNA databases in the U.S. had reached 80,948, compared to a low of 1573 in the year 2000 (Butler, 2010). In this manner, DNA databases serve as one of the key tools to aid in successfully catching violent and repeat perpetrators of crimes. One of the first cases to illustrate the necessity of using DNA databases in criminal investigations is the case of Montaret D. Davis, as illustrated in the lightbox.

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THE CASE OF MONTARET D. DAVIS

Photo by The Daily Progress/Leslie Close

In the early morning hours of August 26, 1999, a young University of Virginia student was sexually assaulted and forced into intimacy. She was then forced to clean and wash off any biological fluids following the attack. A few moments later, the assailant left his victim alive and walked out with a can of beer. Unfortunately for the assailant, semen on the victim’s bedsheets and saliva on an empty beer can, which was found near the victim’s residence were made to link him to the crime. A month later, an inclusion for the student’s assailant was found in the Virginia DNA database. This inclusion was for Montaret D. Davis, an individual who was found to be a previous sex offender and had been added into the DNA database following his repeated crimes. In April 2000, given the consistent DNA evidence linking Mr. Davis to his crimes, Davis was found guilty of rape and a variety of other felonies, and was sentenced to a 90-year term in federal prison.

Minimizing the Risks and Concerns of Genetic Profiles and DNA Databases

The issue of taking and storing DNA samples from convicted offenders remains controversial, but it is becoming more acceptable as new policies set forth and time goes by. The acceptability is true given how the databases only store profiles of the most violent and endangering criminals that commit felonies such as rape and murder. Concerns especially arise when profiling individuals who are simply

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‘arrestees’ and have not yet lost their rights due to conviction (Berson, 2008). Some individuals have become concerned that there could be an abuse of genetic information stored in databases, and that this information could be used to invade their privacy and secure information. In China, for example, the government is using genetic surveillance to detain ethnic minorities such as Uighur Muslims and are abusing and torturing them (Simon, 2019). Although these actions on the part of Chinese officials are clear violations of the reason and purpose that genetic databases were created, it is important to note that this example does not generalize or lower the value and reasoning behind DNA databases. This is because of the clear positive impact that DNA databases leave behind on most of the communities that apply them, such as the United States, Canada, Great Britain, , etc. There are many laws set in place to protect citizens from having their privacy and security breached as long they have not been convicted of any crimes. The example of the Chinese government mishandling genetic data is not a strong representation of the real purpose and value of DNA Databases. Still, it reminds individuals of how genetic data can be mishandled and therefore, policies and laws need to be created to lower the issue of breaches. To minimize the issue of privacy while preventing mishandling of genetic information, it is necessary to understand what information is stored in DNA databases such as the National DNA Index System and how it is applied to find criminals. The stored genetic profile is a set of DNA markers that represent core STR loci or short tandem repeat regions of DNA that are found in non-coding (do not produce amino acids) regions of DNA (Hill & Butler, 2012). This understanding signifies the fact that DNA profiles are only used for human identity testing and not for extracting information related to genetic diseases or physical characteristics. No names or pieces of contact information are stored alongside the DNA profiles in any of the databases (Butler, 2010). This means that all case- related and non-genetic information on suspects is kept in individual police departments, and that only the crime laboratory that initially submitted the DNA profile has access to the genetic information. In other words, it is impossible for anyone other than those affiliated with the crime laboratory to mishandle DNA information. To further this point, the genetic data is encrypted and transferred between a protected network of trusted programs and individuals such as CODIS (Combined DNA Index System) administrators. Notably, there are strict penalties for anyone trying to access or handle DNA profile information for purposes other than crime or law enforcement. In the U.S.A., Federal and State laws are enacted

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A Glimpse Into Genetic Genealogy to punish any individuals with the desire to invade the offender’s private information with fines up to $250,000 and possible prison time. Similar policies and measures also exist in other countries such as Canada and the United Kingdom to protect their citizens from the invasion of their genetic privacy. Individuals advocating for the DNA arrestee laws state how extracting a DNA sample is no different than taking a from an arrestee. This is because both scenarios involve taking some form of personal data that allows law enforcement to identify suspects on an individual and distinctive basis. Similar to , a DNA profile is unique to one individual and arrested suspects who are later convicted will give up their constitutional rights. This leads to the conclusion that both scenarios result in equal benefits in terms of identification and also involve equal power of rights if the arrestee is not found to be convicted or charged (Berson, 2008). In the case of Maryland v. King, the Supreme Court held how DNA collection does not require a warrant and is analogous with fingerprinting (Kaye, 2014). Lastly, if arrestees are not found to be convicted and are released, they can send a formal letter instructing to expunge the DNA profile from the database. Therefore, it seems that there are many policies and laws set in stone to assist in maintaining the security and privacy of all offenders (Herkenham, 2002). Through a detailed overview of DNA databases, many of the concerns associated with privacy and ethical dilemmas have been illuminated in this chapter section. While examining the benefits associated with these tools, members of the public will most likely adhere to the idea of using these aids to catch violent perpetrators that damage our society through heinous and terrible actions (Debus- Sherrill & Field, 2019). In other words, an individual may be prepared to sacrifice their privacy for the betterment of society by apprehending criminals. By contrasting between the days of ‘old forensics’ and ‘new forensics’, individuals may come to understand how the evolution of DNA technologies and searching through databases have mitigated the concerns society may have developed when there is a violent criminal at large. An example of this is the Golden State Killer case, which will be examined later in this chapter, as well as the case of Montaret D Davis, which was examined in the preceding pages. In both of these cases, both suspects were extremely violent and dangerous menaces to society who were apprehended through the aid DNA database searches. As such, it is therefore necessary to actively use and implement DNA databases to apprehend repeating and violent offenders.

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Cases for Clarity and International Privacy

When we discuss not only what genealogy is but the application of it in contexts such as use by law enforcement, we must look at the implications and concerns that come with it, and to do so we can take a look at criminal cases from the past. Upon hearing the words ``Golden State Killer,” most individuals think of the horrible crimes that were committed by Joseph DeAngelo, a serial murderer who held a reign of terror in the state of for decades. The remainder of the chapter will explore the genealogy that helped law enforcement capture this infamous killer, as well as the concerning privacy issues that were brought to light and associated with this crime and genealogy platforms. The method of genealogy and DNA comparison was used in order to capture DeAngelo but in doing so law enforcement used DNA that was left at his various crime scenes, and through genealogy created a family tree, ultimately arriving at a suspect. This led to concerns over consent from family members, as they had not given their permission to investigators to use their data. It also brought up more privacy concerns in regards to the collection of DNA, which in this case was taken surreptitiously from a cup discarded by the suspect. The following sections will also highlight the intricate issues within this case involving privacy along with the laws that were in place at the time of the case to protect individual’s privacy and the overall outcome of the case in terms of effectiveness. While the Golden State Killer case took place in the United States, I will also be exploring the privacy laws in Canada in comparison to the United States. Canadian laws have been of interest to the public and internationally as there has been a lot of debate when it comes to the lack of public knowledge about when and why genealogy is being used in a forensic context in Canada. It has been shown that while police in the United States have been open with their use of genealogy, the Canadian police force have avoided emittance and participation around their use of this technology (DeRosa, 2021). As such, these sections will also explore the laws and regulations that are in place in terms of privacy and public safety in the United States and Canada and will be exploring if genealogy is indeed worth the amount of public concern that it has amassed.

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The Golden State Killer

For decades, detectives searched for the person responsible for multiple sexual assaults, kidnappings and homicides that took place in the state of California from the early 1970s until late into the 1980s. During this time, multiple cases of homicide and assault took place in California, stumping detectives as they had little to no trace evidence or eyewitness statements to go off (Jouvenal, 2018). The police remained eluded until an investigator and DNA expert suggested trying to find the suspect through genealogy. Although minute traces of DNA evidence had been found on various crime scenes linked to this case, there were no connections found through the criminal database. Through genealogy, however, investigators were able to connect DNA sequences and to the great-great-great grandparents of their suspect (Jouvenal, 2018). Through extensive family tree research and comparisons, investigators were able to create 25 family trees in which they were able to follow, ultimately leading them to Joseph DeAngelo, who was by then a 72-year-old retiree (Jouvenal, 2018). Investigators secretly took a cup from DeAngelo’s trash and tested the genetic material on it to that which was subsequently used to compare the DNA from the scene to that of the DNA sequences from the genealogical trees, to which they found an inclusion. The process of the genealogical searches using popular genealogy sites such as GEDmatch and the recovery of the DNA from the trashcan caused an uproar from the public, who cited the obvious safety and privacy issues involved with using GEDmatch without the knowledge or consent of the suspects family (Jouvenal, 2018). At the time of this case and its subsequent uproar, there were very few regulations that prohibited law enforcement from accessing these genealogy databases that are open to the public such as GEDmatch and little knowledge to no knowledge was given to the public about the possible use of these genealogy site by law enforcement. Shortly after the Golden State killer case, both the Department of Justice in the United States and Canada, implemented strict regulations on the use and terms of genealogy and the overall public privacy of data.

United States Privacy Policies

Since the emergence of the Golden State Killer case in the United States, there has been an increase in public concern over the use of genealogy and the privacy or

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Are We There Yet? The Golden Standards of Forensic Science lack thereof that may be associated with law enforcement using DNA Database technologies. The latest policy changes occurred on November 1st of 2019, creating the first set of in-depth policies to govern how genealogy databases are to be used by law enforcement, with the main concern being public safety and privacy (Kaiser, 2019). The Department of Justice (DOJ) interim policy is intended to balance the relentless commitment of law enforcement and the privacy and safety of the public. This policy recommends that genetic genealogy should only be used in cases that involve violent crimes such as murder, and rape, and may also be used to identify human remains (Kaiser, 2019). The policy makes it clear that all other resources available to law enforcement should be exhausted first, such as more traditional methods like criminal DNA databases (Guerrini, 2019). This policy also includes forbidding law enforcement from adding fake profiles to genealogy websites without identifying themselves as such. The genealogy websites are also being held accountable for informing its users before they sign up that there may be law enforcement on the site, and their DNA and family trees may be used for criminal cases. With this in place, the public can make an informed decision on whether or not they want to be a part of the site, giving them a peace of mind (Guerrini, 2018). The policy ultimately put more limitations on the police, which included the collection of DNA without the knowledge of the person of interest. For example, law enforcement is not allowed to secretly take a DNA sample from a relative of a suspect and then run it against the genealogy databases. Informed consent must be given in this case, similar to that of those consenting to the genealogy platforms. Before the introduction of the 2019 policy, there were a variety of issues that arose due to the lack of legislation present among law enforcement and genealogy platforms. Most of which sprouted from the secretive addition of law enforcement into the platforms without the knowledge of their customers, creating backlash from not only customers of the site but also genealogists.

Canadian Privacy Policies

Canada’s most recent privacy policies came into effect in 2016 and were updated again in 2018, after the emergence of issues in the United States surrounding the privacy concerns that came to light after the Golden State Killer case. Canadian law enforcement has had a dubious past when it comes to using genealogy without

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A Glimpse Into Genetic Genealogy the public’s knowledge, and therefore there are new policies in place to protect the public. The Personal Information Protection and Electronic Documents Act (PIPEDA) is a set of standards and guidelines that applies to all organizations that operate or conduct business in Canada. It states that any organization that is operating in Canada must obtain an individual’s consent before they collect, use or disclose their information to another party, whether that be another company or organization, or, in the situations outlined in these sections, law enforcement (Government of Canada, 2019). It also details that individuals have the right to access the information they give an organization and have the right to challenge or dispute the information (Government of Canada, 2019). This set of rules takes a slightly different approach than that of the United States which mainly focuses on the use of information and genealogy by law enforcement. Whereas Canadian laws focus moreso on public privacy when it comes to not only the usage of data but its collection as well. There are also specific laws in Canada that pertain to the provinces, most of which have their own private sector privacy laws which exempt organizations from PIPEDA due to the similarity of the province laws (Swartz, 2007). In the past, this made understanding which laws pertain to law enforcement in different jurisdictions very difficult, but after further legislations in 2018 and 2019, law enforcement and across-border organizations are now being subjected to PIPEDA (Ontario Ancestors, 2018). This ensures public safety and privacy in terms of what information can be used with or without consent of the individual.

Results over Privacy

In light of the privacy issues in context of the public and the new laws and regulations in place to keep the public safe, the effectiveness of the genetic genealogy and whether the vast number of policies and concerns are worth the technology. In most cases, law enforcement has argued that under the right circumstances, genealogy is extremely helpful, with it having a 99.9% accuracy rate in comparing sections of DNA and genome sequences among samples and individuals (Resnick, 2019). Unfortunately, even with extreme accuracy, there are still inaccuracies in the technique. Genealogists explain that with every process of 1 million spaces on a genome, there is a margin for up to 1000 errors, which may

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Are We There Yet? The Golden Standards of Forensic Science be caused by human error or technological errors such as improper calibration (Resnick, 2019).

PRIVACY PARADOXES OF CANADA

Photo by Pegleess Barrios

When looking at a privacy analysis of familial searches, the Canadian government poses three paradoxes. These are some of the questions that are considered when working on privacy concerns in a Canadian context.

1. The first paradox is the trade off that happens when deciding how many and which markers are used for familial searches. Less markers will make the search less intrusive but also give more partial inclusions, casting a very wide net of suspicion (Kossiem, 2015). Too many markers may be too revealing, especially as we evolve and learn more about DNA (Kossiem, 2015). 2. The second paradox comes from deciding whether or not to restrict the use of extra DNA markers for confirmatory testing (Kossiem, 2015). This may reduce the amount of people affected by the search, but may lead to DNA samples being kept indefinitely. 3. The third comes from the justification of expanding offender databases. Which leads to the argument of a logical extension to all individuals, which would include DNA of all citizens (Kossiem, 2015)

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A Glimpse Into Genetic Genealogy

Before 2018, genealogy was conducted through traditional genealogical research and genetic analysis, such as records from community programs and examining DNA which would have specific genetic markers such as X and features (Plemel, 2019). This would only be valuable to law enforcement if the scale was much smaller than it would be today. Today we can compare samples using genetic genealogy platforms and advanced DNA comparison techniques. These large platforms allow for millions of comparisons that a re exponentially larger than those of the late 1990s to early 2000s (Plemel, 2019). With the extreme accuracy of the new DNA comparisons involved in genealogical testing, we can start to see why law enforcement is so concerned with keeping it in play. Although there are concerns with the amount of privacy and safety there is for the public, the constant evaluation and addition of guidelines and legislations allows for individuals to have a peace of mind. As of right now, their data may one day help in the conclusion of a criminal case, all the while being kept safe from any potential harm.

The Verdict

Based on the current policies in place, the evidence supporting the effectiveness of genealogical technology, and the continuous improvement of the implementation of genealogical databases among law enforcement, it is clear that DNA banks such as GEDmatch are and will continue to be a useful tool to law enforcement when it comes to identifying both victims and perpetrators in criminal cases. Although there have been a variety of privacy issues involved with law enforcement using GEDmatch and other similar DNA banks without the consent of all members involved, the policies and techniques itself have continued to evolve in efficiency and privacy to become one that keeps the public safe in not only respect for their livelihood but also regarding their sense of privacy. It is expected that in coming years, there will be continued progress made in the field of , allowing for the use of DNA data banks without the cause for concern when it comes to our private data, ultimately creating a safer community for us all.

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Are We There Yet? The Golden Standards of Forensic Science

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