I've been thinking about the FBI and the use of unconventional genealogy outfits. Keeping in mind that the State never conceded to law breaking, the issue of course is that not everybody on these sites has opted in, but here's the rub -- 1. if enough customers opt in, a family tree will form regardless of the number who opt out. They won't be included. 2. even if the FBI had the ability to wink, wink, nudge, nudge get the company to toggle the switch real quick like and opt those people in to give the FBI a sneaky peek, the violation would be between the company and those individuals. Where would BK have ANY standing in that? Even the FBI, while some might question their eagerness and participation in such a sketchy enterprise, it remains the domain of the company, violating their own terms of service, assuming it's not embedded in their fine print's ultra fine print already.
Interestingly, by my maths, if BK himself submitted his own DNA to one such company and opted the hell out, and the FBI got a direct match anyway, IMO BK, as a civilian might have a case against the company but it would be a civil one. BK, the defendant in a criminal trial, zero standing. But it's immaterial anyway, as I understand the evidence at this point. The FBI didn't match the DNA from the crime scene to BK's DNA as logged into a popular genealogy database, opted in or out. It matched to a relative, providing a family name. And we don't know which company or companies provided that match. And frankly, why wouldn't LE submit his DNA to as many as possible? It's a brilliant investigative tool!
You'd think a criminology scholar would know as much.
But BK thought he could outsmart everyone.
Oh, snap.
JMO