The Genealogy Detectives: A Constitutional Analysis of \u27Familial Searching\u27

“Familial searching” in law enforcement DNA databases has been pilloried as a step “towards eugenics and corruption of blood” and “lifelong genetic surveillance” that is “inconsistent with a basic pillar of American political thought.” Courts have yet to address the issue fully, but several commentators contend that the practice is unwise, unjust, or unconstitutional. This Article examines the more significant constitutional claims. It concludes that although kinship matching should not be implemented simply because it is technologically seductive, neither should it be removed from the realm of permissible law enforcement information gathering on constitutional grounds. In reaching this conclusion, the Article describes the logic of kinship analysis; clarifies the nature of partial-match searching; shows how an advanced system of DNA databases could yield additional, accurate leads in the investigation of both routine and high profile crimes; and why this system, if properly implemented, is compatible with constitutionally protected interests of both convicted offenders and their close relatives

The Genealogy Detectives: A Constitutional Analysis of \u27Familial Searching\u27

“Familial searching” in law enforcement DNA databases has been pilloried as a step “towards eugenics and corruption of blood” and “lifelong genetic surveillance” that is “inconsistent with a basic pillar of American political thought.” Courts have yet to address the issue fully, but several commentators contend that the practice is unwise, unjust, or unconstitutional. This Article examines the more significant constitutional claims. It concludes that although kinship matching should not be implemented simply because it is technologically seductive, neither should it be removed from the realm of permissible law enforcement information gathering on constitutional grounds. In reaching this conclusion, the Article describes the logic of kinship analysis; clarifies the nature of partial-match searching; shows how an advanced system of DNA databases could yield additional, accurate leads in the investigation of both routine and high profile crimes; and why this system, if properly implemented, is compatible with constitutionally protected interests of both convicted offenders and their close relatives

Electronic blending in virtual microscopy

Virtual microscopy (VM) is a relatively new technology that transforms the computer into a microscope. In essence, VM allows for the scanning and transfer of glass slides from light microscopy technology to the digital environment of the computer. This transition is also a function of the change from print knowledge to electronic knowledge, or as Gregory Ulmer puts it, a shift ‘from literacy to electracy.’ Blended learning, of course, is capable of including a wide variety of educational protocols in its definition; it is also at the heart of electronically mediated forms of education. Since 2004, VM has been introduced into Dentistry, Medicine, Biomedical Science and Veterinary Science courses at the University of Queensland, a project aimed at consolidating VM techniques and technologies into their curricula. This paper uses some of the evaluative survey data collected from this embedding process to discuss the role blended learning plays in electronic styles of learning, or ‘electracy’, before finally reflecting on the quantum world represented in VM imagery

Algorithmic Jim Crow

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on the back end in the form of designing, interpreting, and acting upon vetting and screening systems in ways that result in a disparate impact

Libre culture: meditations on free culture

Libre Culture is the essential expression of the free culture/copyleft movement. This anthology, brought together here for the first time, represents the early groundwork of Libre Society thought. Referring to the development of creativity and ideas, capital works to hoard and privatize the knowledge and meaning of what is created. Expression becomes monopolized, secured within an artificial market-scarcity enclave and finally presented as a novelty on the culture industry in order to benefit cloistered profit motives. In the way that physical resources such as forests or public services are free, Libre Culture argues for the freeing up of human ideas and expression from copyright bulwarks in all forms

An inquiry into the digitisation of border and migration management: performativity, contestation and heterogeneous engineering

This article is concerned with the digitisation of border security and migration management. Illustrated through an encounter between a migrant and the Visa Information System (VIS)–one of the largest migration-related biometric databases worldwide–the article's first part outlines three implications of digitisation. We argue that the VIS assembles a set of previously unconnected state authorities into a group of end users who enact border security and migration management through the gathering, processing and sharing of data; facilitates the practice of traceability, understood as a rationality of mobility control; and has restrictive effects on migrants' capacity to manoeuvre and resist control. Given these implications, the article's second part introduces three analytical sensitivities that help to avoid some analytical traps when studying digitisation processes. These sensitivities take their cue from insights and concepts in science and technology studies (STS), specifically material semiotics/ANT approaches. They concern, firstly, the ways that data-based security practices perform the identities of the individuals that they target; secondly, the need to consider possible practices of subversion by migrants to avoid control-biased analyses; and finally, the challenge to study the design and development of border security technologies without falling into either technological or socio-political determinism

The Others in Europe

This edited volume addresses the construction of identity classifications underlying the new forms of inclusion and exclusion that are to be found in contemporary Europe. Its scope covers practices of categorization and of resistance, both by majority groups

State-Based Human Rights Violations and Terrorism

In this dissertation, I examine the within-country and between-country effects of state-based human rights violations on annual counts of total, fatal and attributed attacks. I use the Global Terrorism Database (GTD) for my outcome variables and Political Terror Scale (PTS) to measure state-based human rights violations. Scholars argue that repressive governments that silence dissidents and close all avenues of political expression increase the likelihood of terrorism and other acts of violence against the state (Gurr, 1970; Crenshaw, 1981; DeNardo, 1985; Piazza, 2017). In such circumstances, terrorism and acts of violence against the state may serve as a defense mechanism against repressive governments (Gurr, 1970). Others argue that state-based violations of human rights can damage public approval and perceptions of legitimacy towards the government (Piazza, 2017). This, in turn, fosters anti-state and anti-status quo grievances. Such polarized environments become vulnerable to extremist movements in regard to the gathering of support, recruitment of new members, and distribution of effective propaganda, all of which may result in increased terrorist attacks at the country-level (Walsh and Piazza, 2010). I use the fixed effects negative binomial regression model to test the effects of within-country changes in state-based human rights violations on annual changes in terrorism. I use generalized hierarchical linear modeling to test the effects of between-country changes in state-based human rights violations on annual changes in terrorism. Using country-level data from the Global Terrorism Database (GTD), Political Terror Scale (PTS), Polity IV, Freedom House and the World Bank, I examine the relationship between state-based human rights violations and terrorism for 175 countries between 1980 and 2014. The results indicate that state-based human rights violations is significantly and positively correlated with annual terrorism. The results regarding human rights violations are consistent for both within-country and between-country differences. Increases in human rights violations within a country results in increase in the number of terrorist attacks. Similarly, countries which have higher human rights violations also have high frequency of annual terrorist attacks

A Memento of Complexity: The Rhetorics of Memory, Ambience, and Emergence

Drawing from complexity theory, this dissertation develops a schema of rhetorical memory that exhibits extended characteristics. Scholars traditionally conceptualize memory, the fourth canon in classical rhetoric, as place (loci) or image (phantasm). However, memory rhetoric resists the traditional loci-phantasm framework and instead emerges from enmeshments of interiority, collectivity, and technology. Emergence considers the dynamics of fundamental parts that generate complex systems and offers a methodological lens to theorizing memory. The resulting construct informs everyday life, which includes interfacing with pervasive computing or sensing familiarity. Further, congruently with a neurological turn that contradicts simplification, this dissertation resituates rhetorical memory as generative to imagination or perception

Patenting Genetic Information

The U.S. biotechnology industry got its start and grew to maturity over roughly three decades, beginning in the 1980s. During this period genes were patentable, and many gene patents were granted. University researchers performed basic research— often funded by the government—and then patented the genes they discovered with the encouragement of the Bayh-Dole Act, which sought to encourage practical applications of basic research by allowing patents on federally funded inventions and discoveries. At that time, when a researcher discovered the function of a gene, she could patent it such that no one else could work with that gene in the laboratory without a license. She had no right, however, to control genes in nature, including in human bodies. Universities licensed their researchers’ patents to industry, which brought in significant revenue for further research. University researchers also used gene patents as the basis for obtaining funding for start-up enterprises spun out of university labs. It was in this environment that many of today’s biotechnology companies started. In 2013, the Supreme Court held that naturally occurring genes could no longer be patented. This followed a 2012 decision that disallowed patents on many diagnostic processes. These decisions significantly changed the intellectual property protections in the biotechnology industry. Nevertheless, the industry has continued to grow and thrive. This Article investigates two questions. First, if some form of exclusive rights still applied to genes, would the biotech industry be even more robust, with more new entrants in addition to thriving, well-established companies? Second, does the current lack of protection for gene discoveries incentivize keeping such discoveries secret for the many years that it can take to develop a therapeutic based thereon—to the detriment of patients who could benefit from knowledge of the genetic associations, even before a treatment is developed? The Article concludes by analyzing what protection for discovering genetic associations, if any, will most increase social welfare