For much of the U.S.-ROK alliance's fifty-year history, it was considered one of the most successful political-military relationships forged out of the Cold War era. More recently, however, experts have expressed concerns about the durability of the alliance, given changing views in both Seoul and Washington on the nature of the threat posed by North Korea. The two allies' disparate approaches to DPRK policy became evident in the wake of the 2001 summit between the newly inaugurated President Bush and South Korean President Kim Dae Jung.

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In a San Francisco Chronicle op-ed, CISAC fellow Laura K. Donohue writes that California's Proposition 69 -- which would expand the state's DNA database to include all those arrested for any felony -- would give the government too much control over citizens' genetic information and provide too few safeguards against misuse.

Our DNA contains the most intimate details of who we are -- including secrets even we don't know about ourselves. Should the government have control over our genetic information, when we have not been found guilty of any crime?

Proposition 69 would do just this. Privacy advocates from across the political spectrum have begun to raise red flags about this potential expansion of government power.

Six years ago, California's DNA and Forensic Identification Data Base and Data Bank Act gave the state the authority to collect the genetic material of felons convicted of violent crimes, such as murder, rape and other sexual offenses. The idea was to establish a database like the fingerprint and criminal record information bank that already exists.

California was not alone in incorporating DNA provisions into its penal code -- every state introduced DNA databases for the most serious crimes. But California's version lacked protections guaranteed elsewhere. Many states retained only the DNA "fingerprint" or profile and destroyed the original sample. California not only kept the full genetic information, but it also has steadily expanded the number of qualifying offenses.

Gov. Arnold Schwarzenegger signed a ballot argument in support of Proposition 69 in July. If approved by voters on Nov. 2, it would unleash the government to gather this information to a degree and among unprecedented numbers of people. Proposition 69 extends collection to every felonious offense and, within five years, requires every adult and juvenile in California arrested for -- but not convicted of -- a felony to provide the government with cells containing his or her complete genetic structure.

Proposition 69 does not stop there. It would apply retroactively, empowering the government to seek out individuals previously arrested for a felony but found not guilty, and require them to turn over their DNA.

The extension to all felony arrests means a radical expansion in the number of citizens deprived of control over their genetic material. Felonies range from computer hacking and shoplifting, to writing bad checks and fraudulently procuring services.

The numbers are significant. In his advance release of Crime in California 2003, state Attorney General Bill Lockyer reported in July that there were just over half a million felony arrests -- not convictions -- in the state. Under Proposition 69, all 507,081 would be required to relinquish their genetic material -- even though statistics show that approximately one third of those arrested would have the charges dismissed or be found not guilty in a court of law.

The idea that you could easily retract your DNA from this felony database is fiction. Once an individual is found to be innocent, he or she could apply to have material removed, but the state would not be required to do so. Following the initial hearing, no appeal would be allowed.

Perhaps of greatest concern is the very real possibility of error. A recent Stanford University study showed that even sophisticated laboratories exhibit up to a 3 percent error rate in the handling and coding of genetic material. Of the half a million citizens from whom DNA would be collected annually, 15,000 might have their name associated with the wrong sample. Even if the error rate was significantly less -- 3/10 of a percent -- there would still be 1,500 people associated with the wrong DNA sample. And it would be extremely difficult for citizens to find out about, much less rectify, such mistakes.

Proposition 69 shrouds the system in secrecy. It prevents citizens or the courts from obtaining information about the structure of the data bank or database, or the software program in operation. Simultaneously, it makes information available to private laboratories, third parties assisting with statistical analysis, auditing boards, attorney general offices, local law enforcement and federal DNA databases.

The safeguards against misuse are inadequate. The initiative limits the ceiling of liability and exempts government employees or third parties from further civil or criminal penalties. It fails to protect against the threat of felony arrests as a tool for interrogation or the use of felony charges as a way to collect DNA from particular populations.

Behind the immediate and obvious privacy concerns lie deeper issues: We don't yet know how genetic information can -- or will -- be used. So we don't know the full extent of the rights we will relinquish.

We know that genes provide information about parentage and familial relationships, propensity for particular diseases, and biological vulnerabilities. We don't yet know the link between genes and personality, how to clone individuals, or how genetic structures can be altered once their content is known. When these and other discoveries are made, and efforts are made to take advantage of them, it will be too late.

Even seemingly innocuous information appears different depending on context: Within two days of the attack on Pearl Harbor, the Census Bureau provided the military with a list of the number of Japanese Americans in specific neighborhoods. In less than 90 days, the Army "evacuated" 110,442 citizens from the West Coast. DNA contains far more information than simple ancestry.

Even as science wrestles with the implications of the Human Genome Project, there will be repeated efforts to create a universal database that catalogs our biological inheritance. But every attempt to expand this awesome power should be met with skepticism and careful discussion about the implications of giving up control over the very essence of our being. We need to think hard about where we draw the line. A system that captures innocent citizens' DNA, lacks transparency, and fails to adequately protect the gathered information against future misuse goes too far.

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Burnet C. and Mildred Finley Wohlford Professor of Biological Sciences
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marcus-feldman_profilephoto.jpeg MS, PhD

Marcus Feldman is the Burnet C. and Mildred Finley Wohlford Professor of Biological Sciences and director of the Morrison Institute for Population and Resource Studies at Stanford University. He uses applied mathematics and computer modeling to simulate and analyze the process of evolution. His specific areas of research include the evolution of complex genetic systems that can undergo both natural selection and recombination, and the evolution of learning as one interface between modern methods in artificial intelligence and models of biological processes, including communication. He also studies the evolution of modern humans using models for the dynamics of molecular polymorphisms, especially DNA variants. He helped develop the quantitative theory of cultural evolution, which he applies to issues in human behavior, and also the theory of niche construction, which has wide applications in ecology and evolutionary analysis. He also has a large research program on demographic issues related to the gender ratio in China.

Feldman is a trustee and member of the science steering committee of the Santa Fe Institute. He is managing editor of Theoretical Population Biology and associate editor of the journals Genetics; Human Genomics; Complexity; the Annals of Human Genetics; and the Annals of Human Biology. He is a former editor of The American Naturalist. He is a fellow of the American Academy of Arts and Sciences and of the California Academy of Science. His work received the "Paper of the Year 2003" award in all of biomedical science from The Lancet. He has written more than 335 scientific papers and four books on evolution, ecology, and mathematical biology. He received a BSc in mathematics and statistics from the University of Western Australia, an MSc in mathematics from Monash University (Australia), and a PhD in mathematical biology from Stanford. He has been a member of the Stanford faculty since 1971.

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David G. Victor
Joshua C. House
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In an Aug. 22 op-ed published in the Los Angeles Times and an Aug. 25 commentary on Marketplace on NPR, CESP researchers David G. Victor and Joshua C. House argue that an independent panel should be given control of the U.S. Strategic Petroleum Reserve. The power to buy and sell the stockpiled oil currently rests with the Department of Energy, which passes the decision on to the president, effectively politicizing oil supply decisions.

STANFORD -- With oil prices heading toward $50 a barrel, what would happen if the markets really blew?

Ever since the late 1970s, Washington's answer to such an event has relied on oil stockpiled mainly by the federal government, to be released if market instability warranted it. Today, the U.S. Strategic Petroleum Reserve contains 666 million barrels -- nearly 65 days of imports -- worth nearly $30 billion at current prices. Our industrialized allies have similar stocks, India has started one and China, whose oil imports are rising rapidly, is expected to create a reserve soon. Through the International Energy Agency in Paris, the major oil importers have agreed, in principle, to coordinate their stockpiles.

Unfortunately, reserves in the United States and most democracies are nearly feckless as a policy instrument. The legislation that created the U.S. reserve gave the power to buy and sell stocks to a federal agency, now the Department of Energy, that, in effect, passes the decision on to the president. White House control automatically converts every key decision into a highly political act.

In July 2000, President Clinton's order to transfer some strategic reserves to fill a newly created Northeast Home Heating Oil Reserve had obvious political implications for Al Gore's presidential bid. In 1996, Congress required the sale of more than $220 million of stockpiled oil to help pay down the budget deficit, another political move, though one that, in hindsight, looked wise when oil prices tanked two years later.

The uncertainty of reliable production in Russia and Iraq, coupled with the general threat of new terrorist attacks, makes for many worrisome scenarios. But a cloud of political suspicion would hang over any management decision. If President Bush released stockpiled oil to stabilize prices in an election year, no matter how justified his action, he surely would be accused of political pandering. And if he rightly refused to release oil because speculative trading doesn't meet the standard of "severe energy supply interruption," as called for in the 1975 legislation setting up the Strategic Petroleum Reserve, would he face charges that he was rewarding his oil buddies with record profits?

One way to take the politics out of governing the Strategic Petroleum Reserve would be to mechanize decision-making, such as by setting a price trigger for sales and fills. President Reagan's Council of Economic Advisors, among others, considered this option and wisely demurred. In the 1980s, the international spot market for oil was not fully developed; prices were mainly driven by opaque long-term contracts, not market dynamics. Price triggers act similarly to price controls, increasing the risk of creating true scarcities in oil supply. Such automatic triggers would have smoothed small gyrations in the oil market but failed when most needed to dampen large price swings.

There's a better way: independent management of the strategic reserve. In contrast to an automatic mechanism, an independent authority would be able to detect subtle economic and political shifts that determine our true vulnerability to oil shocks. More important, such an authority would depoliticize Strategic Petroleum Reserve decision-making, which would enable us to use the stockpile for its originally intended purpose of providing a credible bulwark against the most severe chaos in oil markets.

The president could create an independent board to manage the reserve within existing legislation, but that would not completely remove a political taint. New legislation would better accomplish the job. Congress and the president should look to the Federal Reserve as a model. The Strategic Petroleum Reserve needs its own resources, with politicians supplying broad guidelines for action and periodic review rather than direct control. Such a change would not only affect the United States but would also require remaking the International Energy Agency into something closer to a central bankers' forum.

New management for America's oil reserve would spark new thinking about the optimal size and operation of strategic stocks. Until now, most public debate has focused on the reserve's size. The International Energy Agency suggests that its member countries keep a petroleum stockpile roughly equivalent to 90 days of domestic consumption. In truth, the optimal size of strategic reserves is not a single quantity but depends on political and economic conditions. A competent independent authority would make it possible to carry a smaller stockpile -- at lower cost. Because today's oil prices are formed in highly liquid markets, the standard of "severe supply interruption" is largely meaningless. The better standard is our willingness to absorb price shocks. For that there is no simple answer, yet independent economic authorities can make the wisest choices.

More than 30 years after our first oil shock, the Strategic Petroleum Reserve still wears polyester and bell-bottoms. A dose of market reform and political independence can bring its fashion up to date and create a truly useful tool for protecting the U.S. economy.

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