Helen Wallace
- Published in print:
- 2011
- Published Online:
- November 2015
- ISBN:
- 9780231156974
- eISBN:
- 9780231527699
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231156974.003.0004
- Subject:
- Sociology, Race and Ethnicity
This chapter discusses how and why innocent people whose DNA profiles are included in DNA databases may be vulnerable to stigmatization or prejudicial treatment. It draws on experiences from the ...
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This chapter discusses how and why innocent people whose DNA profiles are included in DNA databases may be vulnerable to stigmatization or prejudicial treatment. It draws on experiences from the operation of the National DNA Database (NDNAD) in Britain. DNA profiles within a database allow a form of biological tagging or “biosurveillance,” which can be used to establish whether someone has been present at a particular location. Although DNA has helped the criminal justice system, the length of time a DNA profile is stored in a databank and the amount of information listed may lead to stigmatization or prejudicial treatment. The practice of indefinite retention has been criticized by many and was eventually challenged before the European Court of Human Rights (ECHR), who ruled unanimously that the UK Government was in breach of the right to privacy.Less
This chapter discusses how and why innocent people whose DNA profiles are included in DNA databases may be vulnerable to stigmatization or prejudicial treatment. It draws on experiences from the operation of the National DNA Database (NDNAD) in Britain. DNA profiles within a database allow a form of biological tagging or “biosurveillance,” which can be used to establish whether someone has been present at a particular location. Although DNA has helped the criminal justice system, the length of time a DNA profile is stored in a databank and the amount of information listed may lead to stigmatization or prejudicial treatment. The practice of indefinite retention has been criticized by many and was eventually challenged before the European Court of Human Rights (ECHR), who ruled unanimously that the UK Government was in breach of the right to privacy.
Roger Brownsword
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199276806
- eISBN:
- 9780191707605
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199276806.003.0008
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter focuses on genetic databases, specifically their use as a regulatory instrument. It begins by considering forensic collections, entertaining the thought that in a community of rights, it ...
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This chapter focuses on genetic databases, specifically their use as a regulatory instrument. It begins by considering forensic collections, entertaining the thought that in a community of rights, it might be plausible to argue for a comprehensive population-wide DNA database. The chapter then turns to collections for public health purposes. If the state is justified in compelling the supply of DNA samples for forensic purposes, there might seem to be a case for compelling participation in public health biobanking projects. It argues that agents who aspire to moral community need to be particularly mindful of the corrosive impact of a (bio)technological approach to social control whether concerned with the prevention of crime or the promotion of public health. If such an approach simply reduces the risks to which agents are exposed, all well and good; but if the effect is to corrode the conditions that underlie the very project of moral community itself, then this is a risk which no community of rights can afford to ignore and which it surely will not wish to run.Less
This chapter focuses on genetic databases, specifically their use as a regulatory instrument. It begins by considering forensic collections, entertaining the thought that in a community of rights, it might be plausible to argue for a comprehensive population-wide DNA database. The chapter then turns to collections for public health purposes. If the state is justified in compelling the supply of DNA samples for forensic purposes, there might seem to be a case for compelling participation in public health biobanking projects. It argues that agents who aspire to moral community need to be particularly mindful of the corrosive impact of a (bio)technological approach to social control whether concerned with the prevention of crime or the promotion of public health. If such an approach simply reduces the risks to which agents are exposed, all well and good; but if the effect is to corrode the conditions that underlie the very project of moral community itself, then this is a risk which no community of rights can afford to ignore and which it surely will not wish to run.
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226498065
- eISBN:
- 9780226498089
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226498089.003.0007
- Subject:
- History, History of Science, Technology, and Medicine
This chapter focuses on the National DNA Database (NDNAD) of England and Wales, the oldest and largest national DNA intelligence database, the daily operation of which is managed by FSS Ltd., a ...
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This chapter focuses on the National DNA Database (NDNAD) of England and Wales, the oldest and largest national DNA intelligence database, the daily operation of which is managed by FSS Ltd., a former executive agency of the Home Office. The DNA profiles at the NDNAD are from three different sources: casework profiles from unknown persons, criminal justice profiles, and elimination or volunteer profiles.Less
This chapter focuses on the National DNA Database (NDNAD) of England and Wales, the oldest and largest national DNA intelligence database, the daily operation of which is managed by FSS Ltd., a former executive agency of the Home Office. The DNA profiles at the NDNAD are from three different sources: casework profiles from unknown persons, criminal justice profiles, and elimination or volunteer profiles.
Michael Lynch, Simon A. Cole, and Ruth McNally
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226498065
- eISBN:
- 9780226498089
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226498089.001.0001
- Subject:
- History, History of Science, Technology, and Medicine
DNA profiling—commonly known as DNA fingerprinting—is often heralded as unassailable criminal evidence, a veritable “truth machine” that can overturn convictions based on eyewitness testimony, ...
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DNA profiling—commonly known as DNA fingerprinting—is often heralded as unassailable criminal evidence, a veritable “truth machine” that can overturn convictions based on eyewitness testimony, confessions, and other forms of forensic evidence. But DNA evidence is far from infallible. This book traces the controversial history of DNA fingerprinting by looking at court cases in the United States and United Kingdom beginning in the mid-1980s, when the practice was invented, and continuing until the present. It covers techniques of DNA profiling, DNA evidence, statistics and probability, and the controversy of DNA databases, ultimately presenting compelling evidence of the obstacles and opportunities at the intersection of science, technology, sociology, and law.Less
DNA profiling—commonly known as DNA fingerprinting—is often heralded as unassailable criminal evidence, a veritable “truth machine” that can overturn convictions based on eyewitness testimony, confessions, and other forms of forensic evidence. But DNA evidence is far from infallible. This book traces the controversial history of DNA fingerprinting by looking at court cases in the United States and United Kingdom beginning in the mid-1980s, when the practice was invented, and continuing until the present. It covers techniques of DNA profiling, DNA evidence, statistics and probability, and the controversy of DNA databases, ultimately presenting compelling evidence of the obstacles and opportunities at the intersection of science, technology, sociology, and law.
Troy Duster
- Published in print:
- 2008
- Published Online:
- August 2013
- ISBN:
- 9780262042499
- eISBN:
- 9780262271127
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262042499.003.0010
- Subject:
- Society and Culture, Media Studies
This chapter discusses the expansion of DNA databases. It begins by pointing out the systematic bias, by race, of a full range of behaviors displayed across the criminal justice system, from the ...
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This chapter discusses the expansion of DNA databases. It begins by pointing out the systematic bias, by race, of a full range of behaviors displayed across the criminal justice system, from the decisions by police at the point of stop, search, and arrest, through the sentencing guidelines and practices, to the rates of incarceration. The chapter then turns to empirical evidence that documents recent developments in the literature of forensic science which claim to be able to predict “ethnic affiliation” from population-specific allele frequencies. It is the relationship between these two developments that is the source of the chapter's final point: the looming danger of easily crafted DNA-based research programs and the consequent misattribution of genetic causes of crime. The chapter argues that such research could easily segue into the moral equivalent of a new phrenology for the twenty-first century, something which must be acknowledged, intercepted, and averted.Less
This chapter discusses the expansion of DNA databases. It begins by pointing out the systematic bias, by race, of a full range of behaviors displayed across the criminal justice system, from the decisions by police at the point of stop, search, and arrest, through the sentencing guidelines and practices, to the rates of incarceration. The chapter then turns to empirical evidence that documents recent developments in the literature of forensic science which claim to be able to predict “ethnic affiliation” from population-specific allele frequencies. It is the relationship between these two developments that is the source of the chapter's final point: the looming danger of easily crafted DNA-based research programs and the consequent misattribution of genetic causes of crime. The chapter argues that such research could easily segue into the moral equivalent of a new phrenology for the twenty-first century, something which must be acknowledged, intercepted, and averted.
Jennifer Hochschild
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780197550731
- eISBN:
- 9780197550762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197550731.003.0004
- Subject:
- Political Science, American Politics
Chapter 4 examines two of the cells in the basic framework: “Enthusiasm” about the benefits of using the science of genetic inheritance, and “Skepticism” about the risks of using the science of ...
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Chapter 4 examines two of the cells in the basic framework: “Enthusiasm” about the benefits of using the science of genetic inheritance, and “Skepticism” about the risks of using the science of genetic inheritance. For each viewpoint, this chapter explores arenas within medical and scientific research (including gene therapy, the search for Covid-19 vaccines, and gene editing), criminal justice (including forensic DNA databases, rapid DNA testing, and exoneration), and biogeographical ancestry (including racial and ethnic ancestry testing, race-based medicine, and deep ancestry). Chapter 4 provides evidence to support both excitement about the benefits of genomic science and concern about its risks and costs.Less
Chapter 4 examines two of the cells in the basic framework: “Enthusiasm” about the benefits of using the science of genetic inheritance, and “Skepticism” about the risks of using the science of genetic inheritance. For each viewpoint, this chapter explores arenas within medical and scientific research (including gene therapy, the search for Covid-19 vaccines, and gene editing), criminal justice (including forensic DNA databases, rapid DNA testing, and exoneration), and biogeographical ancestry (including racial and ethnic ancestry testing, race-based medicine, and deep ancestry). Chapter 4 provides evidence to support both excitement about the benefits of genomic science and concern about its risks and costs.
Sheila Jasanoff (ed.)
- Published in print:
- 2011
- Published Online:
- August 2013
- ISBN:
- 9780262015950
- eISBN:
- 9780262298667
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262015950.001.0001
- Subject:
- Biology, Bioethics
Legal texts have been with us since the dawn of human history. Beginning in 1953, life too became textual. The discovery of the structure of DNA made it possible to represent the basic matter of life ...
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Legal texts have been with us since the dawn of human history. Beginning in 1953, life too became textual. The discovery of the structure of DNA made it possible to represent the basic matter of life with permutations and combinations of four letters of the alphabet, A, T, C, and G. Since then, the biological and legal conceptions of life have been in constant, mutually constitutive interplay—the former focusing on life’s definition, the latter on life’s entitlements. This book argues that this period of transformative change in law and the life sciences should be considered “bioconstitutional.” It explores the evolving relationship of biology, biotechnology, and law through a series of national and cross-national case studies. The book starts by mapping out the conceptual territory in an introduction, after which the chapters offer “snapshots” of developments at the frontiers of biotechnology and the law. They examine such topics as national cloning and xenotransplant policies; the politics of stem cell research in Britain, Germany, and Italy; DNA profiling and DNA databases in criminal law; clinical trials in India and the United States; the GM crop controversy in Britain; and precautionary policymaking in the European Union. These cases demonstrate changes of constitutional significance in the relations among human bodies, selves, science, and the state.Less
Legal texts have been with us since the dawn of human history. Beginning in 1953, life too became textual. The discovery of the structure of DNA made it possible to represent the basic matter of life with permutations and combinations of four letters of the alphabet, A, T, C, and G. Since then, the biological and legal conceptions of life have been in constant, mutually constitutive interplay—the former focusing on life’s definition, the latter on life’s entitlements. This book argues that this period of transformative change in law and the life sciences should be considered “bioconstitutional.” It explores the evolving relationship of biology, biotechnology, and law through a series of national and cross-national case studies. The book starts by mapping out the conceptual territory in an introduction, after which the chapters offer “snapshots” of developments at the frontiers of biotechnology and the law. They examine such topics as national cloning and xenotransplant policies; the politics of stem cell research in Britain, Germany, and Italy; DNA profiling and DNA databases in criminal law; clinical trials in India and the United States; the GM crop controversy in Britain; and precautionary policymaking in the European Union. These cases demonstrate changes of constitutional significance in the relations among human bodies, selves, science, and the state.
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226498065
- eISBN:
- 9780226498089
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226498089.003.0009
- Subject:
- History, History of Science, Technology, and Medicine
This chapter, which discusses the controversy among statisticians in the United States over the analysis of DNA database “cold hits,” considers the defense use of Bayesian analysis to unpack and ...
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This chapter, which discusses the controversy among statisticians in the United States over the analysis of DNA database “cold hits,” considers the defense use of Bayesian analysis to unpack and neutralize the impressive random match probabilities presented by the prosecution's experts. It suggests that Bayesian treatments can potentially open up a creative repackaging of evidence that disrupts settled legal and vernacular distinctions between expert and commonsense knowledge.Less
This chapter, which discusses the controversy among statisticians in the United States over the analysis of DNA database “cold hits,” considers the defense use of Bayesian analysis to unpack and neutralize the impressive random match probabilities presented by the prosecution's experts. It suggests that Bayesian treatments can potentially open up a creative repackaging of evidence that disrupts settled legal and vernacular distinctions between expert and commonsense knowledge.
Jennifer Hochschild
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780197550731
- eISBN:
- 9780197550762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197550731.003.0007
- Subject:
- Political Science, American Politics
Relying on two surveys of randomly selected American adults, Chapter 7 first locates the American public within the basic framework’s four quadrants. The surveys—Genomics: Knowledge, Attitudes, and ...
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Relying on two surveys of randomly selected American adults, Chapter 7 first locates the American public within the basic framework’s four quadrants. The surveys—Genomics: Knowledge, Attitudes, and Policies 1 (GKAP 1), and GKAP 2—were conducted in 2011 and 2017, respectively. Both are stratified by race and ethnicity; GKAP 1 includes almost 4,000 respondents and GKAP 2 includes almost 2,000. Survey items address perceptions of genetic influence and levels of technology optimism; in combination, these items enable respondents to be located in the four cells. Chapter 7 then explores demographic characteristics of individuals in particular cells, and views as revealed through coded responses to open-ended questions. Key findings include: about three-fifths of Americans are Enthusiatic; genetics knowledge is associated with Enthusiasm; racial or partisan differences have little impact on quadrant location; the Hopeful and especially Enthusiasts are committed to medical research or to criminal justice; Skeptics are mistrustful and protective of privacy; Rejecters seek withdrawal and self-protection.Less
Relying on two surveys of randomly selected American adults, Chapter 7 first locates the American public within the basic framework’s four quadrants. The surveys—Genomics: Knowledge, Attitudes, and Policies 1 (GKAP 1), and GKAP 2—were conducted in 2011 and 2017, respectively. Both are stratified by race and ethnicity; GKAP 1 includes almost 4,000 respondents and GKAP 2 includes almost 2,000. Survey items address perceptions of genetic influence and levels of technology optimism; in combination, these items enable respondents to be located in the four cells. Chapter 7 then explores demographic characteristics of individuals in particular cells, and views as revealed through coded responses to open-ended questions. Key findings include: about three-fifths of Americans are Enthusiatic; genetics knowledge is associated with Enthusiasm; racial or partisan differences have little impact on quadrant location; the Hopeful and especially Enthusiasts are committed to medical research or to criminal justice; Skeptics are mistrustful and protective of privacy; Rejecters seek withdrawal and self-protection.
Jennifer Hochschild
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780197550731
- eISBN:
- 9780197550762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197550731.003.0001
- Subject:
- Political Science, American Politics
Chapter 1 introduces four societal uses of genomic science that demonstrate its breadth, importance, and political complexity. They are race-based medicine, racial or ethnic ancestry testing, use of ...
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Chapter 1 introduces four societal uses of genomic science that demonstrate its breadth, importance, and political complexity. They are race-based medicine, racial or ethnic ancestry testing, use of DNA in the criminal justice system, and prenatal gene testing and therapy. Although most people endorse the ideas of appropriate medication, finding one’s roots, correct determination of guilt or innocence, and healthy births, each of these uses of genomic science is intensely controversial. In parallel to their benefits, these uses evoke concerns about eugenics, racial essentialism, surveillance, and discrimination. This chapter depicts each use and its controversies, outlining the contours of Genomic Politics.Less
Chapter 1 introduces four societal uses of genomic science that demonstrate its breadth, importance, and political complexity. They are race-based medicine, racial or ethnic ancestry testing, use of DNA in the criminal justice system, and prenatal gene testing and therapy. Although most people endorse the ideas of appropriate medication, finding one’s roots, correct determination of guilt or innocence, and healthy births, each of these uses of genomic science is intensely controversial. In parallel to their benefits, these uses evoke concerns about eugenics, racial essentialism, surveillance, and discrimination. This chapter depicts each use and its controversies, outlining the contours of Genomic Politics.
John F. Macleod, Peter G. Grove, and David P. Farrington
- Published in print:
- 2012
- Published Online:
- January 2014
- ISBN:
- 9780199697243
- eISBN:
- 9780191781568
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199697243.003.0007
- Subject:
- Law, Criminal Law and Criminology
This chapter explains how the theory and models in this volume have been used to make predictions and forecasts of significant importance in managing the Criminal Justice System. In the first ...
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This chapter explains how the theory and models in this volume have been used to make predictions and forecasts of significant importance in managing the Criminal Justice System. In the first example, it is shown that using the theory, demographics and sentencing policy (custody rates): the prison population over a period of 30 years is predicted to within 3%; and that without the “Prison Works” mantra of the early 1990s, the prison population would have continued to decline. The second example presents the results of a similar model of court workloads. The third shows how forecasts, made in the year 2000, of the size of the DNA database panned out over the subsequent 4 years.Less
This chapter explains how the theory and models in this volume have been used to make predictions and forecasts of significant importance in managing the Criminal Justice System. In the first example, it is shown that using the theory, demographics and sentencing policy (custody rates): the prison population over a period of 30 years is predicted to within 3%; and that without the “Prison Works” mantra of the early 1990s, the prison population would have continued to decline. The second example presents the results of a similar model of court workloads. The third shows how forecasts, made in the year 2000, of the size of the DNA database panned out over the subsequent 4 years.
Cheryl Allsop
- Published in print:
- 2018
- Published Online:
- March 2018
- ISBN:
- 9780198747451
- eISBN:
- 9780191810459
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198747451.003.0002
- Subject:
- Law, Criminal Law and Criminology
This chapter provides a brief history of developments in genetic profiling, noting the advances in profiling techniques from the initial discovery by Sir Alec Jeffreys of what was then termed DNA ...
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This chapter provides a brief history of developments in genetic profiling, noting the advances in profiling techniques from the initial discovery by Sir Alec Jeffreys of what was then termed DNA ‘fingerprinting’ through to familial searching (that is, the ability to search the NDNAD for the DNA profile of potential close relatives of a suspect when the suspect’s DNA is not on the NDNAD). An overview of what DNA is, noting how individuals are identified and differentiated from each other, is explained in order to demonstrate how these progressive advances have benefited cold case reviews.Less
This chapter provides a brief history of developments in genetic profiling, noting the advances in profiling techniques from the initial discovery by Sir Alec Jeffreys of what was then termed DNA ‘fingerprinting’ through to familial searching (that is, the ability to search the NDNAD for the DNA profile of potential close relatives of a suspect when the suspect’s DNA is not on the NDNAD). An overview of what DNA is, noting how individuals are identified and differentiated from each other, is explained in order to demonstrate how these progressive advances have benefited cold case reviews.
Jennifer Hochschild
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780197550731
- eISBN:
- 9780197550762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197550731.003.0003
- Subject:
- Political Science, American Politics
In the contemporary United States, most important societal disputes have become politicized, with the result that there are Republican and Democratic positions to which partisans largely adhere. ...
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In the contemporary United States, most important societal disputes have become politicized, with the result that there are Republican and Democratic positions to which partisans largely adhere. Interestingly, that is not the case for societal uses of genomic science; controversies surrounding genomics are largely nonpartisan, or its uses are not even considered controversial. Chapter 3 demonstrates this unusual pattern by examining American elected officials’ unanimous support for forensic DNA databases and their silence on scientific DNA databases, the lack of partisanship in legislation and funding for genomics research, and the absence of controversy in the courts around genomics.Less
In the contemporary United States, most important societal disputes have become politicized, with the result that there are Republican and Democratic positions to which partisans largely adhere. Interestingly, that is not the case for societal uses of genomic science; controversies surrounding genomics are largely nonpartisan, or its uses are not even considered controversial. Chapter 3 demonstrates this unusual pattern by examining American elected officials’ unanimous support for forensic DNA databases and their silence on scientific DNA databases, the lack of partisanship in legislation and funding for genomics research, and the absence of controversy in the courts around genomics.
Michael Fortun
Roberto Reis (ed.)
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780520247505
- eISBN:
- 9780520942615
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520247505.001.0001
- Subject:
- Biology, Evolutionary Biology / Genetics
Part detective story, part exposé, and part travelogue, this book investigates one of the signature biotechnology stories of our time and, in so doing, opens a window onto the high-speed, high-tech, ...
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Part detective story, part exposé, and part travelogue, this book investigates one of the signature biotechnology stories of our time and, in so doing, opens a window onto the high-speed, high-tech, and high-finance world of genome science. It investigates how deCODE Genetics, in Iceland, became one of the wealthiest, as well as one of the most scandalous, companies of its kind with its plan to use the genes and medical records of the entire Icelandic population for scientific research. Delving into the poetry of W. H. Auden, the novels of Halldór Laxness, and the perils of Keiko the killer whale, the book maps the contemporary genomics landscape at a time when we must begin to ask questions about what “life” is made of in the age of DNA, databases, and derivatives trading.Less
Part detective story, part exposé, and part travelogue, this book investigates one of the signature biotechnology stories of our time and, in so doing, opens a window onto the high-speed, high-tech, and high-finance world of genome science. It investigates how deCODE Genetics, in Iceland, became one of the wealthiest, as well as one of the most scandalous, companies of its kind with its plan to use the genes and medical records of the entire Icelandic population for scientific research. Delving into the poetry of W. H. Auden, the novels of Halldór Laxness, and the perils of Keiko the killer whale, the book maps the contemporary genomics landscape at a time when we must begin to ask questions about what “life” is made of in the age of DNA, databases, and derivatives trading.