The Booming Field of Forensic Genetic Genealogy Faces Ethical Dilemmas

Forensic genetic genealogy has revolutionized cold case investigations in recent years.

But this rapidly expanding field now faces some serious scrutiny over ethical breaches that threaten public trust.

At the first conference of forensic genetic genealogists in 2019, speaker CeCe Moore hailed the field’s crime-solving potential while warning of its “immense responsibility.”

Just a few years old, forensic genealogy gained prominence through its role in identifying California’s notorious Golden State Killer in 2018.

Since then, it has solved hundreds of cold cases by combining genealogy research with law enforcement collaboration.

But reports have now surfaced of some forensic genealogists exploiting loopholes to access genetic profiles- even when individuals chose to opt out of law enforcement searches.

How Forensic Genealogy Works

Forensic genealogy utilizes public DNA databases, like those from Ancestry and 23andMe, to identify unknown crime scene DNA by tracing genetic matches.

Users who opt in agree to law enforcement searches, but even opt-out profiles have still been accessed.

GEDmatch, a public database popular with genealogists, allows users to opt out of law enforcement searches.

But some have manipulated the site’s search settings to override opt-outs, a maneuver discussed among genealogists in some recently discovered emails.

According to DNA lawyer Tiffany Roy, this kind of mismanagement underscores the need for search warrants.

“Trust is at stake,” she said.

The Department of Justice has yet to issue any kind of comprehensive regulations.

From Exploring Ancestry to Solving Crimes

Direct-to-consumer DNA testing took off about 10 years ago as people sought insights on their heritage.

Entrepreneurial genealogists then realized this data could help crack unsolved cases too.

But while law enforcement databases like CODIS contain DNA from convicted criminals, consumer sites have much more sensitive information from innocent people.

Ancestry.com and 23andMe both bar law enforcement from using their data to safeguard customers.

While GEDmatch and FamilyTreeDNA let users opt out of law enforcement searches, the GEDmatch loophole has enabled access anyway, stoking fears about genetic privacy erosion.

The Rapid Expansion of Consumer DNA Testing

In just over a decade, direct-to-consumer DNA testing has exploded in popularity, driven by people’s curiosity about their ancestry and health risks.

Companies like Ancestry.com, 23andMe and others have gained millions of customers eager to unlock secrets hidden in their genes.

The availability of cheap, easy at-home testing kits has fueled this boom.

For under $100, any consumer can purchase a kit, submit a saliva sample, and receive detailed ancestry reports along with insights on genetic traits and disease predispositions.

This rise has amassed huge databases of genetic information volunteered by consumers primarily for “recreational purposes”.

Ancestry alone boasts an enormous database of over 18 million samples while 23andMe has tested over 12 million customers.

Unlocking Genetic Genealogy’s Crime-Solving Potential

Seeing a business opportunity, a new field arose around 2015 exploiting these vast consumer DNA troves for crime-solving.

Genetic genealogy applies DNA analysis, traditional genealogy and criminal forensics to identify suspects by tracing familial genetic ties.

Pioneers like CeCe Moore realized that if crime scene DNA partially matched samples in consumer databases like Ancestry or GEDmatch, the perpetrator was likely a relative.

This enabled pursuing previously unworkable cold cases, earning the technique the name “long range familial searching.”

The pivotal moment arrived in April 2018 when genetic genealogy definitively identified former police officer Joseph DeAngelo as California’s elusive Golden State Killer, the notorious serial criminal that evaded law enforcement for decades.

Genetic Privacy Concerns Emerge

Yet despite its successes, forensic genetic genealogy has also sparked privacy concerns given its reliance on sensitive consumer DNA data.

Critics argue it represents a troubling new frontier of law enforcement overreach, and could signal a dark future for law-abiding citizens.

While convicted felons have limited privacy rights, consumer DNA companies promise customers their data will remain private.

But opt-out safeguards have proven inadequate, enabling covert searching of even protected genetic profiles.

For customers who never intended their DNA be used criminally, this represents a disturbing violation of consent.

It also enables “genetic dragnets” trawling through millions of innocent people’s biological records simply because they share distant kinship with a suspect.

Regulating the Wild West of Consumer DNA

With few formal rules governing access to consumer DNA troves, forensic genetic genealogy has been called the “Wild West” of criminal investigation.

But without proper oversight of these rapidly advancing methods, public trust cannot last long.

While undoubtedly a game-changer for breaking once unsolvable cases, clear protocols are needed around when and how law enforcement can peer into private citizens’ sensitive genetic data.

Consumer autonomy and consent must be priorities.

Strong regulations, transparency and accountability will be crucial to ensure its vast crime-fighting power can be ethically and judiciously applied.

Handled properly, forensic genetic genealogy may usher in a new era in criminal justice.

But left unchecked, a Pandora’s box could quickly emerge.

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The Intercept