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. 2009 Mar 1;57(3):539-578.

Genetic Stalking and Voyeurism: A New Challenge to Privacy

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Genetic Stalking and Voyeurism: A New Challenge to Privacy

Mark A Rothstein. Univ Kans Law Rev. .
No abstract available

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    1. This is a hypothetical website. The author owns the domain name, www.celebritygenetics.com, to prevent its use by others for commercial purposes. Of course, numerous similar domain names are available. Even if no commercial website is ever created, the genetic privacy issues raised by the nonconsensual testing of non-celebrities are important to consider.

    1. See generally Calvert Clay. Voyeur Nation: Media, Privacy, and Peering in Modern Culture. 2004.

    1. A detailed discussion of Internet-based DNA testing for health-related purposes is beyond the scope of this Article. It should be noted, however, that several other forms of Internet-based DNA testing for health purposes have generated considerable controversy. Examples of DNA testing for health purposes include genome-wide association studies, see generally McCarthy Mark I, et al. Genome-Wide Association Studies for Complex Traits: Consensus, Uncertainty and Challenges. 9 Nature Revs Genetics. 2008;356; pharmacogenomics, see generally Katsanis SH, Javitt G, Hudson K. A Case Study of Personalized Medicine. 320 Science. 2008;53; and nutrigenomics, see generally Goddard Katrina AB, et al. Awareness and Use of Direct-to-Consumer Nutrigenomic Tests, United States, 2006. 9 Genetics in Med. 2007;510

    1. See Rothstein Mark A, Talbott Meghan K. The Expanding Use of DNA in Law Enforcement: What Role for Privacy? 34 JL Med & Ethics. 2006;153:155–56. (describing the use of DNA dragnets). See generally Joseph Wambaugh, The Blooding (1989) (describing the first forensic use of a DNA technique developed by Alec Jeffreys to identify a serial rapist in England). The seizure and analysis of abandoned objects by law enforcement officials to prevent and solve crimes is generally lawful, see infra notes 25–39 and accompanying text, but in some circumstances DNA analysis by law enforcement officials may be so extensive or invasive as to raise privacy concerns. Among the more controversial applications of DNA testing in law enforcement are DNA dragnets (testing all individuals—usually all men—in a geographic area), Rothstein & Talbott, supra, at 155–56, indirect testing of suspects by obtaining the DNA of relatives (including their children), id. at 156, low stringency searches where there is an incomplete match, id. at 156–57, and analysis of genetic material stored in health care facilities, id. at 157–58. Thus, regardless of the constitutionality of the law enforcement practices, aggressive and expansive use of DNA testing may not be sound policy.

    1. E.g., State v. Athan, 158 P.3d 27, 31–32 (Wash. 2007).

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