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Same reason the government should be allowed to search Facebook for information on a person of interest, or use the whitepages, or search public records such as property records, or use Google to search the web. They don't have any more access than a normal user, so they don't need a warrant. They are acting just like a member of the public and get the exact same results you or I would get if we used that site. If it's available for a member of the general population, it's available to law enforcement without a warrant. That's the way it's always been. People are putting their genetic information into a database in order to be searchable by their genetic information. If they have a problem with being searchable by their genetic information, then they shouldn't upload their genetic information into publicly searchable databases. >The Family Tree database is free to access and can be used by anyone with a DNA profile to upload, not just paying customers. >Officials at Family Tree said customers could decide to opt out of any familial matching, which would prevent their profiles from being searchable by the FBI. But by doing so, customers would also be unable to use one of the key features of the service: finding possible relatives through DNA testing. >In December 2018, the company changed its terms of service to allow law enforcement to use the database to identify suspects of “a violent crime,” such as homicide or sexual assault, and to identify the remains of a victim. >In a statement, Greenspan, the president and founder of Gene by Gene, Family Tree’s parent company, said the firm would not be violating its terms of privacy to its customers, despite the FBI’s access. >“We came to the conclusion that if law enforcement created accounts, with the same level of access to the database as the standard FamilyTreeDNA user, they would not be violating user privacy and confidentiality,” Greenspan said. >In a statement, company officials told BuzzFeed News that despite the FBI’s access to the database, agents would not be able to obtain more information than what is accessible to normal users of the service. |
But the terms claim you are only able to upload files which are "my own or belongs to someone for who I am legally authorized to act." If FBI agents are creating accounts and then uploading DNA which doesn't belong to them, that seems to me to violate the terms.