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	<title>Comments on: Playing Fast and Loose with Genetic Information</title>
	<atom:link href="http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/feed" rel="self" type="application/rss+xml" />
	<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html</link>
	<description>The Law, the Universe, and Everything</description>
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		<title>By: Logical Extremes</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47080</link>
		<dc:creator>Logical Extremes</dc:creator>
		<pubDate>Sat, 27 Sep 2008 01:53:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47080</guid>
		<description>A problem with any trend toward disclosure is that detection of discrimination will be extremely difficult, and as for enforcement, the harms will already have been done.

People have inherent rights to privacy. People also have rights to disclose if they wish. There&#039;s no point in forcing either position, just protect those who make either choice.

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		<content:encoded><![CDATA[<p>A problem with any trend toward disclosure is that detection of discrimination will be extremely difficult, and as for enforcement, the harms will already have been done.</p>
<p>People have inherent rights to privacy. People also have rights to disclose if they wish. There&#8217;s no point in forcing either position, just protect those who make either choice.</p>
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		<title>By: Frank</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47079</link>
		<dc:creator>Frank</dc:creator>
		<pubDate>Fri, 26 Sep 2008 00:57:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47079</guid>
		<description>amused--i was there making a point about absolute, not relative, deprivation.  If you&#039;ve got a plan to assure that private insurers don&#039;t discriminate against disease-disclosers, let&#039;s hear it!

</description>
		<content:encoded><![CDATA[<p>amused&#8211;i was there making a point about absolute, not relative, deprivation.  If you&#8217;ve got a plan to assure that private insurers don&#8217;t discriminate against disease-disclosers, let&#8217;s hear it!</p>
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		<title>By: amused</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47078</link>
		<dc:creator>amused</dc:creator>
		<pubDate>Thu, 25 Sep 2008 09:49:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47078</guid>
		<description>Someone please tell Pasquale that &quot;inequality&quot; is not an answer to every question in the world. Frank, I’ll repeat the issue slowly.

Brin *chose* to disclose information about his condition. Nobody asked him to do so. His disclosure is not unusual. A lot of people routinely disclose sensitive or embarrassing information about themselves -- think of all the self-reporting on marital infidelity, childhood abuse, wacky sexual desires, drunken sprees, venereal diseases, cheating at school, stealing from employers, getting abortions, committing violent crimes, etc. that fill our airwaves, our bookstores, and the Internet. You may think it&#039;s unwise to tell the world that your husband isn&#039;t really the father of your child or that you are routinely overbilling your clients, but lots of people obviously think otherwise.

Danielle said she hopes people don&#039;t start placing disease-related info on the web -- but why? Is it because the info has to do with genetic makeup (but so are disclosures of the true daddy or adoption status)? Is it because that info has to do with health (but so do drunker sprees, drug use, and eating disorders which are disclosed routinely)? Is it because the info is tacky (lots of things are)? Or perhaps Danielle wishes that all of the above topics were removed from the public eye? Or only removed from the Internet? Is it ok to disclose one’s genetic predisposition to disease in a public lecture or during a TV interview?

I can&#039;t tell what her problem is, so I asked.

</description>
		<content:encoded><![CDATA[<p>Someone please tell Pasquale that &#8220;inequality&#8221; is not an answer to every question in the world. Frank, I’ll repeat the issue slowly.</p>
<p>Brin *chose* to disclose information about his condition. Nobody asked him to do so. His disclosure is not unusual. A lot of people routinely disclose sensitive or embarrassing information about themselves &#8212; think of all the self-reporting on marital infidelity, childhood abuse, wacky sexual desires, drunken sprees, venereal diseases, cheating at school, stealing from employers, getting abortions, committing violent crimes, etc. that fill our airwaves, our bookstores, and the Internet. You may think it&#8217;s unwise to tell the world that your husband isn&#8217;t really the father of your child or that you are routinely overbilling your clients, but lots of people obviously think otherwise.</p>
<p>Danielle said she hopes people don&#8217;t start placing disease-related info on the web &#8212; but why? Is it because the info has to do with genetic makeup (but so are disclosures of the true daddy or adoption status)? Is it because that info has to do with health (but so do drunker sprees, drug use, and eating disorders which are disclosed routinely)? Is it because the info is tacky (lots of things are)? Or perhaps Danielle wishes that all of the above topics were removed from the public eye? Or only removed from the Internet? Is it ok to disclose one’s genetic predisposition to disease in a public lecture or during a TV interview?</p>
<p>I can&#8217;t tell what her problem is, so I asked.</p>
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		<title>By: amused</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47077</link>
		<dc:creator>amused</dc:creator>
		<pubDate>Thu, 25 Sep 2008 09:47:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47077</guid>
		<description>Someone please tell Pasquale that &quot;inequality&quot; is not an answer to every question in the world. Frank, I’ll repeat the issue slowly.

Brin *chose* to disclose information about his condition. Nobody asked him to do so. His disclosure is not unusual. A lot of people routinely disclose sensitive or embarrassing information about themselves -- think of all the self-reporting on marital infidelity, childhood abuse, wacky sexual desires, drunken sprees, venereal diseases, cheating at school, stealing from employers, getting abortions, committing violent crimes, etc. that fill our airwaves, our bookstores, and the Internet. You may think it&#039;s unwise to tell the world that your husband isn&#039;t really the father of your child or that you are routinely overbilling your clients, but lots of people obviously think otherwise.

Danielle said she hopes people don&#039;t start placing genetics-related info on the web -- but why? Is it because the info is about a person&#039;s genetic makeup (but so are disclosures of the true daddy or adoption status)? Is it because that info has to do with health (but so do drunker sprees, drug use, and eating disorders which are disclosed routinely)? Is it because the info is tacky (lots of things are)? Or perhaps Danielle wishes that all of the above topics were removed from the public eye? Or only removed from the Internet? Is it ok to disclose one’s genetic predisposition to disease in a public lecture or during a TV interview?

I can&#039;t tell what her problem is, so I asked.

</description>
		<content:encoded><![CDATA[<p>Someone please tell Pasquale that &#8220;inequality&#8221; is not an answer to every question in the world. Frank, I’ll repeat the issue slowly.</p>
<p>Brin *chose* to disclose information about his condition. Nobody asked him to do so. His disclosure is not unusual. A lot of people routinely disclose sensitive or embarrassing information about themselves &#8212; think of all the self-reporting on marital infidelity, childhood abuse, wacky sexual desires, drunken sprees, venereal diseases, cheating at school, stealing from employers, getting abortions, committing violent crimes, etc. that fill our airwaves, our bookstores, and the Internet. You may think it&#8217;s unwise to tell the world that your husband isn&#8217;t really the father of your child or that you are routinely overbilling your clients, but lots of people obviously think otherwise.</p>
<p>Danielle said she hopes people don&#8217;t start placing genetics-related info on the web &#8212; but why? Is it because the info is about a person&#8217;s genetic makeup (but so are disclosures of the true daddy or adoption status)? Is it because that info has to do with health (but so do drunker sprees, drug use, and eating disorders which are disclosed routinely)? Is it because the info is tacky (lots of things are)? Or perhaps Danielle wishes that all of the above topics were removed from the public eye? Or only removed from the Internet? Is it ok to disclose one’s genetic predisposition to disease in a public lecture or during a TV interview?</p>
<p>I can&#8217;t tell what her problem is, so I asked.</p>
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		<title>By: Danielle Citron</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47076</link>
		<dc:creator>Danielle Citron</dc:creator>
		<pubDate>Wed, 24 Sep 2008 19:24:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47076</guid>
		<description>JP,

That is a terrific point.  Indeed, we all no doubt have genetic markers for disease and if everyone knew each other&#039;s information, then the sting (employer discrimination, etc.) would likely disappear.  Thus, we would have all of the upside of disclosure--public awareness of certain diseases--without the disadvantages.  Perhaps that scenario is optimal and hence truly forward-thinking.  But the worry remains given our current norm of secrecy about this information due to the risk of bias that disclosure at present runs serious risks that should be considered.

Thanks so much,

Danielle

</description>
		<content:encoded><![CDATA[<p>JP,</p>
<p>That is a terrific point.  Indeed, we all no doubt have genetic markers for disease and if everyone knew each other&#8217;s information, then the sting (employer discrimination, etc.) would likely disappear.  Thus, we would have all of the upside of disclosure&#8211;public awareness of certain diseases&#8211;without the disadvantages.  Perhaps that scenario is optimal and hence truly forward-thinking.  But the worry remains given our current norm of secrecy about this information due to the risk of bias that disclosure at present runs serious risks that should be considered.</p>
<p>Thanks so much,</p>
<p>Danielle</p>
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		<title>By: JP</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47075</link>
		<dc:creator>JP</dc:creator>
		<pubDate>Wed, 24 Sep 2008 18:59:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47075</guid>
		<description>How is this different from a celebrity disclosing cancer or HIV status or some other condition to &quot;raise awareness?&quot;  I thought the idea was that these disclosures helped reduce the stigma attached to such conditions.  Why won&#039;t Brin&#039;s disclosure do the same for genetic mutations (and ultimately leading to less discrimination and increased support for more legislation like GINA)?

</description>
		<content:encoded><![CDATA[<p>How is this different from a celebrity disclosing cancer or HIV status or some other condition to &#8220;raise awareness?&#8221;  I thought the idea was that these disclosures helped reduce the stigma attached to such conditions.  Why won&#8217;t Brin&#8217;s disclosure do the same for genetic mutations (and ultimately leading to less discrimination and increased support for more legislation like GINA)?</p>
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		<title>By: Danielle Citron</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47074</link>
		<dc:creator>Danielle Citron</dc:creator>
		<pubDate>Wed, 24 Sep 2008 11:19:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47074</guid>
		<description>Thank you for your terrific comments.  Frank has captured my concerns astutely: no matter how small or uncertain the possibility that a gene mutation would lead to disease, employers, potential romantic partners, and even friends may believe that the person is more vulnerable than others, at the least, and may discriminate against the person, at worst.  This concern is precisely what is animating legislators who develop laws that prohibit employers from discriminating on the basis of genetic information.  Karen Rothenberg, Diane Hoffmann, and Debbie Hellman have written important pieces on this point as have many other distinguished scholars.

Serious thanks to Logical Extremes for the superb point about Brin&#039;s ultimate agenda: the more we accept personal transparency, the more we tolerate all sorts of privacy intrustions, including that of Google.  Superb point.

And thanks to md--I fixed contracting to developing in the post.

</description>
		<content:encoded><![CDATA[<p>Thank you for your terrific comments.  Frank has captured my concerns astutely: no matter how small or uncertain the possibility that a gene mutation would lead to disease, employers, potential romantic partners, and even friends may believe that the person is more vulnerable than others, at the least, and may discriminate against the person, at worst.  This concern is precisely what is animating legislators who develop laws that prohibit employers from discriminating on the basis of genetic information.  Karen Rothenberg, Diane Hoffmann, and Debbie Hellman have written important pieces on this point as have many other distinguished scholars.</p>
<p>Serious thanks to Logical Extremes for the superb point about Brin&#8217;s ultimate agenda: the more we accept personal transparency, the more we tolerate all sorts of privacy intrustions, including that of Google.  Superb point.</p>
<p>And thanks to md&#8211;I fixed contracting to developing in the post.</p>
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		<title>By: Logical Extremes</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47073</link>
		<dc:creator>Logical Extremes</dc:creator>
		<pubDate>Wed, 24 Sep 2008 08:20:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47073</guid>
		<description>The other motivation that occurred to me is that maybe Sergey sees this an opportunity to model personal transparency. Google would not be well served by a privacy backlash, and the more it can do to get people to be OK with sharing their personal information, the better off it will be in the long run. DNA may be an extreme example, but ads can be more targeted, and more profitable, when more is known about the targets.

But, yes, this level of sharing in our society is not appropriate for most mere mortals.

</description>
		<content:encoded><![CDATA[<p>The other motivation that occurred to me is that maybe Sergey sees this an opportunity to model personal transparency. Google would not be well served by a privacy backlash, and the more it can do to get people to be OK with sharing their personal information, the better off it will be in the long run. DNA may be an extreme example, but ads can be more targeted, and more profitable, when more is known about the targets.</p>
<p>But, yes, this level of sharing in our society is not appropriate for most mere mortals.</p>
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		<title>By: md</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47072</link>
		<dc:creator>md</dc:creator>
		<pubDate>Wed, 24 Sep 2008 06:15:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47072</guid>
		<description>note that one does not &quot;contract&quot; Parkinson&#039;s.  You might develop it later in life, but you contract contagious diseases, not a genetically-based condition.

</description>
		<content:encoded><![CDATA[<p>note that one does not &#8220;contract&#8221; Parkinson&#8217;s.  You might develop it later in life, but you contract contagious diseases, not a genetically-based condition.</p>
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		<title>By: Frank</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47071</link>
		<dc:creator>Frank</dc:creator>
		<pubDate>Wed, 24 Sep 2008 03:52:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47071</guid>
		<description>To &quot;Amused&quot;--most people don&#039;t have the $10 billion in the bank that Brin has.  If he loses health insurance, he can buy a hospital.  If they lose health insurance, they may well be denied lifesaving care, as 18,000 americans were last year.

You don&#039;t think MySpace posts will be used in this way?  I&#039;m sure the many people now being denied health insurance on the basis of their pharmacy purchases didn&#039;t think their CVS receipts would end up used against them, either:

http://www.concurringopinions.com/archives/2008/07/one_more_triump.html

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		<content:encoded><![CDATA[<p>To &#8220;Amused&#8221;&#8211;most people don&#8217;t have the $10 billion in the bank that Brin has.  If he loses health insurance, he can buy a hospital.  If they lose health insurance, they may well be denied lifesaving care, as 18,000 americans were last year.</p>
<p>You don&#8217;t think MySpace posts will be used in this way?  I&#8217;m sure the many people now being denied health insurance on the basis of their pharmacy purchases didn&#8217;t think their CVS receipts would end up used against them, either:</p>
<p><a href="http://www.concurringopinions.com/archives/2008/07/one_more_triump.html" rel="nofollow">http://www.concurringopinions.com/archives/2008/07/one_more_triump.html</a></p>
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		<title>By: amused</title>
		<link>http://www.concurringopinions.com/archives/2008/09/playing_fast_an_1.html/comment-page-1#comment-47070</link>
		<dc:creator>amused</dc:creator>
		<pubDate>Wed, 24 Sep 2008 02:26:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/09/playing-fast-and-loose-with-genetic-information.html#comment-47070</guid>
		<description>&lt;blockquote&gt;one hopes that we do not see people announcing their potential diseases on Facebook or MySpace.&lt;/blockquote&gt;

Why?

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		<content:encoded><![CDATA[<blockquote><p>one hopes that we do not see people announcing their potential diseases on Facebook or MySpace.</p></blockquote>
<p>Why?</p>
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