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The provision, co-sponsored by Kyl and Sen. John Cornyn (R-Tex.), does not require the government to automatically remove the DNA data of people who are never convicted. Instead, those arrested or detained would have to petition to have their information removed from the database after their cases were resolved.
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"This clearly opens the door to all kinds of race- or ethnic-based stops" by police, said Jim Dempsey, executive director of the Center for Democracy and Technology, a digital policy think tank.
Originally, the federal DNA database was limited to convicted sex offenders, who often repeat their crimes. Then it was expanded to include violent felons. Several states, including Virginia, also collect DNA from those arrested for violent crimes.
"It's a classic mission-creep situation," said Jim Harper, a privacy specialist with the Cato Institute, a libertarian think tank. "These guys are playing a great law and order game . . . and in the process creating a database that could be converted into something quite dangerous."