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96 S. Cal. L. Rev. Postscript 1 (2022)

handle is hein.journals/pstscrpt96 and id is 1 raw text is: FAMILIAL SEARCHES, THE FOURTH AMENDMENT, AND GENOMIC CONTROL JACOB S. SHERKOW,* NATALIE RAMT & CARL A. GUNTERT ABSTRACT In recent years, police have increasingly made use of consumer genomic databases to solve a variety of crimes, from long-cold serial killings to assaults. They do so frequently without judicial oversight per the Fourth Amendment's warrant requirement by using consumer genomic platforms, which store hundreds of thousands or millions of user genomic profiles and enable law enforcement to infer the identity of distant genomic relatives who may be criminal suspects. This Essay puts this practice into context given recent legal and technological developments. As for the law, the Supreme Court in United States v. Carpenter has suggested that technologically driven and expansive datasets may be entitled to the full suite of Fourth Amendment protections. As for technology, we describe here the development of a novel technology that allows users to engage in genomic analysis in a secured environment without making such information available to a third party. Taken together, we present a possible technological solution to ensuring Fourth Amendment protections for direct-to-consumer genomic data. * Professor of Law, University of Illinois College of Law, Professor of Medicine, Carle Illinois College of Medicine, Professor, European Union Center, Affiliate, Carl. R. Woese Institute for Genomic Biology at the University of Illinois at Urbana-Champaign; Permanent Visiting Professor, Center for Advanced Study in Biomedical Innovation Law, University of Copenhagen, Faculty of Law. t Professor of Law, University of Maryland Carey School of Law, Adjunct Faculty, Johns Hopkins University Berman Institute of Bioethics. ! George and Ann Fisher Distinguished Professor in Engineering, Grainger College of Engineering, Faculty, Institute for Genomic Biology at the University of Illinois at Urbana-Champaign. This work was funded, in part, by a National Human Genome Research Institute grant, no. R01HG012249-01, received by JSS and CG. The funder had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript. 1

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