Born soldiers may say they have "combat in our genes" 鈥� but a new report suggests the Pentagon may want to give the phrase whole new meaning by turning DNA into the next military battleground.
The , prepared by a defense science advisory panel known as and reported by and HuffPost's , among others, recommends that the military take advantage of the rapidly falling cost of gene sequencing by preparing to engage in the mass sequencing of the genomes of all military personnel. According to the report, the Department of Defense (DoD) and the Veteran's Administration (VA)
may be uniquely positioned to make great advances in this space. DoD has a large population of possible participants that can provide quality information on phenotype and the necessary DNA samples. The VA has enormous reach-back potential, wherein archived medical records and DNA samples could allow immediate longitudinal studies to be conducted.
Specifically, the report recommends that the Pentagon begin collecting sequencing soldiers' DNA for "diagnostic and predictive applications." It recommends that the military begin seeking correlations between soldiers' genotypes and phenotypes (outward characteristics) "of relevance to the military" in order to correlate the two. And the report says 鈥� without offering details 鈥� that both "offensive and defensive military operations" could be affected.
This sounds like a bad idea to us.
It is certainly true that soldiers have reduced privacy rights 鈥� but there are limits. The military should not, for example, read all the personal correspondence of everyone in the services. There have been terrible instances of human experimentation (chemical, radiation and drug) on soldiers in the past, now recognized by all as unacceptable. Though enlistees sign many of their rights away, agreeing to serve in the armed forces in our democratic nation does not mean it's open season on them for whatever experiments the military brass might get a notion to conduct. Especially when conducting those experiments violates the norms of the rest of our society and exposes soldiers to the same as everyone else.
And it is pretty clear that forcibly stripping people of their genetic privacy does violate American norms and expectations. A by the Johns Hopkins Genetics and Public Policy Center found that 92 percent of Americans felt that employers should not be able to access genetic test results or make decisions based upon them. And in 2008, Congress passed 鈥� almost unanimously 鈥� the (GINA), which bans the use of genomic information by employees (and also health insurance companies). GINA does not apply to members of the military, but it is proof of a consensus in this country that people should not be discriminated upon on the basis of their genetic code.
In addition, there are questions about how worthwhile such an intrusive and expensive undertaking would be. People are now and have always been judged, sorted and promoted based upon their abilities as evidenced in the real world. Insofar as part of the idea seems to be that the military will be able to discover and effectively make use of some "shortcut" to discovering talent through genetic analysis 鈥� that is almost certainly an illusory pipe dream.
Supporters might argue that lives are at stake in the military, and that is certainly true. But lives are also at stake in emergency rooms, cockpits, police stations and fire stations around America, and many other places, and all those workers' genetic privacy is protected.
As the Council for Responsible Genetics points out in its useful , and as two experts point out in this , the military already collects DNA samples from soldiers and currently holds 3.2 million samples 鈥� a policy originally instituted to help identify the remains of soldiers fallen in combat. Later, the rules were expanded to allow for the use of those samples in criminal investigations. But a sample used for identification (which is based on only one tiny portion of the genetic code) is far, far different from analyzing the entire genetic code of service personnel.
Mass genetic analysis would be a classic case of a slippery slope in action. And once that happened, who knows what other kinds of uses and discrimination would take place based on soldiers' genetic codes. Only rarely do genes closely correlate with complex human characteristics 鈥� in most cases they are but a contributing factor in a complex swirl of causes. But laypersons frequently do not understand this, the media often oversimplifies the latest findings, and it's not hard to imagine military decisionmakers at various levels acting on misunderstood headlines.
If the Pentagon has strong, nonspeculative reasons to believe that genetic research could help military effectiveness, or if it wants to make use of genetics to help with medical care just like the rest of the medical world, then let it operate in exactly the same way that civilian scientists would, under accepted scientific protocols, including meaningful informed consent, Institutional Review Boards, and other accepted standards of human-subject research.
Soldiers, having signed away many of their rights upon enlistment, should not be used for research that would not otherwise comport with our values, just because they are conveniently available.
Our enormous military establishment is a whole world unto itself, and there is no good reason why that world should depart from the standards that Congress so definitively banned in the rest of the employment world. Congress should prohibit the military from spending money on sequencing individual soldiers' genomes (without individualized medical or forensic cause) or carrying out large-scale research on soldiers' DNA.
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Press ReleaseDec 2024
Free Speech
National Security
老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban
WASHINGTON 鈥� Today, the 老澳门开奖结果, the Electronic Frontier Foundation (EFF), and the Knight First Amendment Institute at Columbia University filed an amicus brief urging the Supreme Court to block the enforcement of a law that would effectively ban people in America from using TikTok as soon as January 19, 2025. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok鈥檚 challenge to the law. TikTok has asked the Supreme Court for a temporary injunction to prevent the app from being banned while the court considers whether to take the case, saying that unless the justices intervene, the law will 鈥渟hutter one of America鈥檚 most popular speech platforms the day before a presidential inauguration.鈥� 鈥淭he Constitution imposes an extraordinarily high bar on this kind of mass censorship,鈥漵aid Patrick Toomey, deputy director of 老澳门开奖结果鈥檚 National Security Project. 鈥淭he Supreme Court should take up this important case and protect the rights of millions of Americans to freely express themselves and engage with others around the world.鈥� The brief argues that the D.C. Circuit failed to fully address the law鈥檚 profound implications for the First Amendment rights of the 170 million Americans who use TikTok. While the lower court鈥檚 decision correctly recognized that the statute triggers First Amendment scrutiny, it barely addressed users鈥� First Amendment interests in speaking, sharing, and receiving information on the platform. The court also perplexingly attempted to cast the government鈥檚 ban on TikTok as a vindication of users鈥� First Amendment rights, which it is not. The rights groups also explain that the law was intended to suppress certain content and viewpoints that many legislators believe could be amplified on TikTok, including the risk of foreign 鈥減ropaganda.鈥� But under the First Amendment, the government must meet a very high bar to restrict speech based on concerns about its 鈥渕otivating ideology鈥� or 鈥減erspective,鈥� and the government has not come close to meeting that bar here. 鈥淭he government should not be able to restrict speech, especially to the extent here, based on guessing about the mere possibility of uncertain future harm,鈥� said David Greene, civil liberties director at EFF. 鈥淭he Supreme Court should put the TikTok ban on hold while it considers the DC Circuit鈥檚 erroneous ruling.鈥� Finally, the brief underscores that the government can鈥檛 impose this type of sweeping ban unless it鈥檚 necessary to prevent extremely serious and imminent harm to national security. But the government has not provided evidence of impending harm, or evidence that banning TikTok is the only available way to address its concerns. As the brief explains, the D.C. Circuit improperly treated the government鈥檚 invocation of 鈥渘ational security鈥� as a trump card and failed to hold the government to its burden. 鈥淩estricting citizens鈥� access to foreign media is a practice that has long been associated with repressive regimes, and we should be very wary of letting the practice take root here,鈥� said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University. 鈥淚t would do lasting damage to the First Amendment and our democracy if the Supreme Court let this ban go into effect even temporarily.鈥� You can find the brief online here: https://www.supremecourt.gov/DocketPDF/24/24A587/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf -
Press ReleaseDec 2024
National Security
Religious Liberty
老澳门开奖结果 Statement on New White House Strategy to Counter Islamophobia老澳门开奖结果 Statement on New White House Strategy to Counter Islamophobia
WASHINGTON 鈥� The Biden administration today released the first-ever national strategy to counter Islamophobia and related forms of bias and discrimination, including hate against Arab, Sikh, and South Asian Americans. In advance of the strategy, 老澳门开奖结果 and its partners had urged the administration to overhaul government programs that reflect anti-Muslim discrimination. In particular, we have called for urgent action to constrain governmental agencies from continuing to exercise their authorities and technology to wrongly surveil and investigate, watchlist, and question and detain Muslims at the border, as well as deny immigration benefits to people from Muslim-majority countries. While the White House raised expectations that many of these issues would be addressed, the final strategy ended up falling far short. The following is a statement from Hina Shamsi, director of the 老澳门开奖结果鈥檚 National Security Project: 鈥淲hile this strategy acknowledges discrimination and its harms, it does little to end them and is a squandered opportunity. For decades, American officials have invoked national security to pass laws and implement programs that disproportionately harm Muslims and people perceived to be Muslim. A serious anti-discrimination strategy would concretely address multiple bias-infused government practices that deny our communities equal participation in civic life and our democracy, like federal watchlisting, surveillance, and investigation. We鈥檙e profoundly frustrated that the administration didn鈥檛 take even the basic, overdue step of recognizing that anti-Muslim discrimination is uniquely normalized and embedded in government policies.鈥� -
VirginiaDec 2024
National Security
Trabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted ManTrabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted Man
Our client, Nizar Trabelsi, is in the United States against his will. The federal government brought him here from Belgium more than a decade ago and charged him with terrorism-related crimes. At trial, the government鈥檚 case failed: a federal jury found Mr. Trabelsi not guilty. But instead of allowing Mr. Trabelsi to return to Belgium after his acquittal, the United States placed him in highly restrictive immigration detention and began an ongoing effort to force him to Tunisia, where he was born and where he will very likely be tortured. Mr. Trabelsi鈥檚 detention violates the Constitution, immigration law, and the extradition treaty between the United States and Belgium. Through this lawsuit, he seeks to return to Belgium, and he demands an immediate improvement of his detention conditions. -
Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is Unlawful
ALEXANDRIA, Va. 鈥� This week, the U.S. District Court for the Eastern District of Virginia ruled that the court does not have jurisdiction to decide whether the government can continue to detain Nizar Trabelsi, a Tunisian national who was brought to the United States against his will for prosecution and was cleared of all charges last year. The ruling means the United States will be able to continue to detain Mr. Trabelsi while it attempts to deport him to Tunisia, where he was born and where, as an immigration judge ruled earlier this year, he will likely face torture. The court also concluded that even if it did have jurisdiction over Mr. Trabelsi鈥檚 case, his claims challenging the government鈥檚 detention of him would fail. 鈥淩eviewing claims that the government is holding someone unlawfully is at the core of the judicial function, and we鈥檙e heartbroken for our client that the court got this so wrong,鈥� said Brett Max Kaufman, senior staff attorney with the 老澳门开奖结果鈥檚 Center for Democracy. 鈥淭he government鈥檚 arguments in defense of Mr. Trabelsi鈥檚 detention makes a hash of the Constitution, immigration laws, and its own extradition treaty.鈥� In 2013, the United States forcibly extradited Mr. Trabelsi from Belgium to face criminal charges in the United States. In July 2023, after almost 10 years of highly restrictive pretrial detention, a federal jury cleared Mr. Trabelsi of all charges. But instead of releasing Mr. Trabelsi or returning him to Belgium, the U.S. transferred him to immigration detention, wrongly treating him as an applicant for admission and placing him in the deportation process. Over the years, the Belgian government has issued multiple formal diplomatic requests asking the U.S. to facilitate his return, but the U.S. has refused to send him back. Mr. Trabelsi filed a lawsuit challenging the government's authority to detain him. He also sought immediate improvements to his detention conditions. Those claims were not part of the court鈥檚 ruling today, and will continue to be litigated on a separate track. 鈥淢r. Trabelsi only wants to return to Belgium after being illegally extradited to the United States, held for ten years, and then acquitted by a jury of any crimes,鈥� said Nicole Hallett, clinical professor of law and director of the Immigrants鈥� Rights Clinic at the University of Chicago Law School. 鈥淗e cannot be held indefinitely and we will continue to fight to make sure that justice ultimately prevails.鈥� Mr. Trabelsi is represented by the 老澳门开奖结果, the University of Chicago Law School鈥檚 Immigrants鈥� Rights Clinic, the 老澳门开奖结果 of Virginia, and Professor Jonathan Hafetz of Seton Hall Law School. The complaint in Trabelsi v. Crawford was filed against Jeffrey Crawford, warden of the Farmville Detention Center where Mr. Trabelsi is being held; Liana Castano, ICE field office director for the Washington Field Office; Alejandro Mayorkas, secretary of the Department of Homeland Security; and Merrick Garland, U.S. attorney general.