FEDERAL BUREAU OF INVESTIGATION FOI/PA DELETED PAGE INFORMATION SHEET CivilAction No.: 19-cv-1977 Total Withheld Page(s) = 6 Reason for Withholding Bates Page Reference (i.e., e x e m p tio n s w ith c o d e d ra tio n a le , d u p lic a te , se ale d b y o rd e r o f c o u rt, etc.) F B I( 19 - c v - 19 7 7 )-2 2 th ro u g h F B I( 19 - c v - 19 7 7 )-2 7 ( b )(4 )-! xxxxxxxx x x x x x x x x x x x x x x X X X X Deleted Page(s) No Duplication Fee X X For this Page x x x x x x x x x x xxxxxxxxxxxx Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan.xbcg@genebygene.com> Tuesday, December 04, 2018 3:50 PM Kramer, Stephen S. (LA) (FBI) Re: GenebyGene pricing b4 - 1 b7E - 1 Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" On Dec 4, 2018, at 5:21 PM, Kramer, Stephen S. (LA) (FBI) wrote: b4 - 1 b6 - 1 , 2 b7C - 1 , 2 b7E - 1 , 2 ........... Original m essage--------From: Bennett Greenspan Date: 12/4/18 2:59 PM (G M T-08:00)-----------------To: "Kramer, Stephen S. (LA) (FBI)" Subject: Re: GenebyGene pricing Hi Steve Just a thought— Based upon the notion that what I hear I forget what I see al remember, what I do, I know 4 FBI(19-cv-1977)-l It seems to me that a great additional investment in your training would be proving kits for the Officers, have them test, download their results, and upload them in Gedmatch or MH and learn by doing, on themselves. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" b6 - l , 2 b7C - 1 , 2 b7E - 2 On Dec 4. 2018. at 3:23 PM, Kramer, Stephen S. (LA) (FBI) vrote: about the cost to get tc for Thanks. I spoke t<£ consumer samples. For instance, if we take a FTDNA kit with a DNA swab from a witness who has given us consent and mail it back to your lab for processing as a consumer ($79 - $99), it will take about three weeks to get the results. If we want to get our results faster, then what would be the premium? Thanks, Steve -------- Original m essage--------From: Bennett Greenspan Date: 12/4/18 9:53 AM (GMT-08:00)------------------To: "Kramer, Stephen S. (LA) (FBI)" Cc: Subject: UenebyUene pricing b6 - 1 b7C - 1 b7E - 2 Hi Steve This message contain s ^ 2 o i ^ ? f i ? ^^^nformation and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your 5 FBI(19-cv-1977)-2 system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This message contains -feuulxd'eiitia-L^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This message contains jnformati on and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 6 FBI(19-cv-1977)-3 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, December 04, 2018 2:59 PM Kramer, Stephen S. (LA) (FBI) Re: GenebyGene pricing Hi Steve b4 - l b7E - l Just a thought— Based upon the notion that what I hear I forget what I see al remember, what I do, I know It seems to me that a great additional investment in your training would be proving kits for the Officers, have them test, download their results, and upload them in Gedmatch or MH and learn by doing, on themselves. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" On Dec 4, 2018, at 3:23 PM, Kramer, Stephen S. (LA) (FBI wrote: Thanks. I spoke to about the cost to get to ________________for consumer samples. For instance, if we take a F DNA kit with a DNA swab from a witness who has given us consent and mail it back to your lab for processing as a consumer ($79 - $99), it will take about three weeks to get the results. If we want to get our results faster, then what would be the premium? , b6 - 1 2 b7C - 1, 2 b7E - 2 Thanks, Steve 7 FBI(19-cv-1977)-4 -------- Original m essage--------From: Bennett Greenspan Date: 12/4/18 9:53 AM (GMT-08:00)____________ To: "Kramer, Stephen S. (LA) (FBI)" Cc: Subject: GenebyGene pricing b6 - l b7C - 1 b7E - 2 Hi Steve This message contains -*uji iI'IVfi.ii^La 1 informat inn and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This message contains ^TnT"nT n Il u F ’information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 8 FBI(19-cv-1977)-5 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Cc: Subject: Attachments: Bennett Greenspan Tuesday, December 04, 2018 9:53 AM Kramer, Stephen S. (LA) (FBI) b4 - 1 b6 - 1 b7C - 1 b7E - 1 GenehvGene nririnn Hi Steve This message contains information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 9 FBI(19-cv-1977)-6 From: Sent: To: Cc: Subject: Bennett Greenspan Tuesday, November 27, 2018 1:15 PM Kramer, Stephen S. (LA) (FBI) I Re: Tomorrow b6 - 1 b7C - 1 3pm will work. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily' On Nov 27, 2018, at 2:23 PM, Kramer, Stephen S. (LA) (FBI wrote: b6 b7C b7E Bennett 1, 3, 4 1, 3, 4 2 We arrive in Houston early tomorrow afternoon. It is me, my colleague Does 3pm work for us to stop by vour lab for a meet and greet and perhaps a tour? Also, on Thursday, please feel free to stick around aftei____________________ as there are several people from the FBI lab attending and it would be beneficial for everyone to meet and exchange information. Steve This message contains ^ZTiTiT1iiN^ lL ih r~i n formati on and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 10 FBI(19-cv-1977)-7 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Thursday, October 11, 2018 1:14 PM Kramer, Stephen S. (LA) (FBI) Fwd: Latest article @BuzzFeedNews on forensic genetic genealogy fyi Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From^_______________________________________ Subject: Latest article @BuzzFeedNews on forensic genetic genealogy Date: October 11, 2018 at 1:22:19 PM CDT________ To1 b6 - 3 b7C - 3 I Dear all, Thanks for your help in reporting this piece and previous articles. I've also pasted the new piece below my signature. As always, do keep me informed o f future developments. b6 b7C 3 3 13 FBI(19-cv-1977)-8 The Method That Snared The Golden State Killer Could Find More Than Half Of Americans From Their DNA, Scientists Say The researchers want genetic testing companies to “sign” the DNA profiles they produce with a secure code — limiting access to databases by cops. More than half of Americans could be identified from just a sample of their DNA and some sleuthing in public genealogy databases — using methods similar to those used by cops to catch the Golden State Killer. That’s the conclusion of a new study looking at a database of 1.28 million DNA profiles held by the company MyHeritage, based in Israel. About half of the US population — 60% of those with white European ancestry — have a third cousin or closer relative in the database, the researchers calculated. That means it would be relatively easy, they say, for investigators to match a DNA sample left at a crime scene to someone in the database, then use Census records and other genealogy tools to construct family trees that lead to the culprit. As more people upload their DNA profiles to genealogy databases, it will only get easier to identify suspects from partial matches to crime-scene DNA. And Yaniv Erlich of Columbia University in New York, who led the research, expects that genealogists will become more skilled at tracking down their quarries. “I also think that the methods and the tactics will get better and better,” said Erlich, who is chief science officer with MyHeritage. “People will find different tricks.” Erlich’s results are broadly similar to earlier back-of-the-envelope calculations made by geneticists Graham Coop and Michael Edge of the University of California, Davis, for GEDmatch. a database that contains the DNA profiles of about a million people and was used to help identify the Golden State Killer. But the genealogist who has already cracked a dozen similar cases using GEDmatch told BuzzFeed News that, in practice, it is harder to identify suspects than the researchers assume. “It’s very difficult, because every case has unique challenges to overcome,” said CeCe Moore, who is working with the company Parabon NanoLabs to help cops solve cold-case murders and rapes. 14 FBI(19-cv-1977)-9 Identifying someone from a partial match between their DNA means building family trees that might link a third-cousin, for example, to the target. Because family trees contain many branches, it is laborious work. And complications such as adoptions, misunderstandings over who is actually the biological father of a child, or recent immigration from countries that don’t have reliable records of family history can make it impossible to make an identification, Moore said. Still, in some cases, a target can be identified in just a few hours. In their research paper, published today in Science. Erlich and his colleagues described how they uploaded to GEDmatch the DNA profile of a woman who had previously donated her DNA for the 1000 Genomes Project, an international effort to study human genetic variation. The researchers found that they were able find her within a day by constructing family trees from her closest relatives in GEDmatch. In their paper, they say that this highlights a risk that people who donated their DNA anonymously for medical research could have their identities exposed. “The fact that you can do it in a day is fairly revealing,” Edge told BuzzFeed News. Erlich and his colleagues have a suggestion to protect people’s privacy in the new era of forensic genetic genealogy: They want companies providing genetic tests to apply a secure digital signature to each DNA profile they generate. These digital signatures could then be used to limit the use of genetic genealogy by cops — and anyone else who might want to try and identify someone from a DNA profile. MyHeritage, like most genetic testing companies, opposes the use of its database by law enforcement without a court order. However, because MyHeritage allows customers to upload profiles produced by other companies into its database, this “digital signature” idea would need buy in from other firms. The three largest — 23andMe, Ancestry, and Family Tree DNA — declined to comment on Erlich’s proposal. “We don't have enough information on the solution proposed by the researchers to evaluate it at this point,” 23andMe spokesperson Andy Kill told BuzzFeed News by email. GEDmatch, meanwhile, modified its terms of service after the Golden State Killer case was solved to warn users that their profiles could be searched “by third parties such as law enforcement agencies to identify the perpetrator of a crime, or to identify remains.” f cops also had access to the technology, a digital signature scheme could in theory allow GEDmatch to distinguish between criminal investigations, which it allows, and nefarious 15 F B I(1 9 -c v - use by other people to breach people’s privacy, for example by “outing” research volunteers. GEDmatch co-founder Curtis Rogers told BuzzFeed News by email that the digital signatures idea “merits serious consideration.” He added: “We at GEDmatch are very concerned about the proper use of genealogical information.” Paul Holes, a retired investigator with the Contra Costa County District Attorney’s Office who led the team that snared the Golden State Killer, said that cops would be concerned about any privacy controls that might reveal their investigative activities. “There’s a reason why we did not communicate with GEDmatch about the Golden State Killer case,” Holes told BuzzFeed News. “If we had a leak, you have a very dangerous offender who potentially could decide to skip town, or take a hostage.” Erlich’s calculations also show that genetic genealogy involves some racial biases that run counter to ways in which criminal investigations often play out. Because black Americans are disproportionately arrested and imprisoned, their profiles are over­ represented in police DNA databases. This makes it more likely that a match will be found to a crime-scene sample for a black suspect. But GEDmatch and other genealogy databases contain a disproportionate number of profiles from white Americans. Erlich and his colleagues found that people with a mainly North European ancestry were 30% more likely to have a third-cousin or closer in MyHeritage’s database than someone whose ancestry is largely African. This means that white suspects would be easier to find using genealogical methods. Already, police are looking at the success of using genetic genealogy on decades-old cold cases and realizing that the same methods can be used in current investigations. In July, Moore and Parabon used the approach to identify 31 -year-old Spencer Glen Monnett as the suspect in the rape of a 79-vear-old woman in St. George, Utah, that happened in April of this year. “A lot of forward-thinking investigators are thinking, ‘Why not get this guy off the streets now?”’ Ellen Greytak, Parabon’s director of bioinformatics, told BuzzFeed News. READ MORE The Golden State Killer Who Terrified California Has Been Arrested, Officials SayTasneem Nashrulla • Apr. 25, 2018 Cops Forced A Company To Share A Customer’s Identity For The Golden State Killer InvestigationPeter Aldhous ■May 1,2018 DNA Data From 100 Crime Scenes Has Been Uploaded To A Genealogy Website — Just Like The Golden State KillerPeter Aldhous ■May 17, 2018 16 FBI(19-cv- This message contains _p^-cuTi.t,«i,ItZal ^-jn format ion and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 17 FBI(19-cv-1977)-12 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Wednesday. August 29. 2018 12:39 PM Kramer, Stephen S. (LA) (FBI) Send here b6 - 1 b7C - 1 b7E - 2 Sent from my iPhone 27 FBI(19-cv-1977)-13 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, March 26, 2019 7:54 PM Kramer, Stephen S. (LA) (FBI) fyi https://www.pmewswire.com/news-releases/ed-smart-father-of-elizabeth-smart-teams-up-with-familvtreedna300818994.html?tc=eml cleartime Bennett Greenspan President FamilyT reeDNA.com “History Unearthed Daily" This message r.nnta i format ion and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. l FBI(19-cv-1977)-14 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, March 19, 2019 1:03 PM__________ Kramer, Stephen S. (LA) (FBI); (FBI) Exclusive: The FBI Flad Already Accessed Family Tree DNA's Database Before Cooperation b6 - 3 , 4 b7C - 3 , 4 First pretty honest article. Missed a few conversations w ith S. Kramer but pretty good. https://www.forensicmag.com/news/2019/03/exclusive-fbi-had-already-accessed-family-tree-dnas-databasecooperation Sent from my iPhone 2 FBI(19-cv-1977)-15 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Saturday, March 16, 2019 11:41 AM Kramer, Stephen S. (LA) (FBI) fyi The UK Parliament's Science and Technology Committee is launching "an inquiry into commercial genomic testing to establish what safeguards need to be put in place to protect those who get tested". The committee is seeking written submissions by 6th April 2019. I think it is in your interests as a company to submit a response and become a “voice at the table”. I’m not sure where this will lead but it could have important ramifications for the company if you do not speak up from the start. The recommendations o f the Committee may shape future law within the UK and the rest o f Europe may follow the UK’s lead. Full details o f how to submit your comments can be found on the website: https://www.parliament.uk/business/committees/committees-a-z/commons-select/science-and-technologycommittee/news-parliament-2017/commercial-genomics-inquiry-launch-17-19/ Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" This message contains copXi rii'iTTui a ] infnrmarimi and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 3 FBI(19-cv-1977)-16 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Thursday, March 14, 2019 8:00 PM__________ Kramer, Stephen S. (LA) (FBI); Fwd: My Blog on Law Enforcement b6 - 3 b7C - 3 Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: Subject: My Blog on Law Enforcement Date: March 14, 2019 at 7:20:26 PM CDT To: Bennett Greenspan Cc: It will be interesting to see how this goes over and the comments that come through. b4 https://dna-explained.com/2019/03/15/things-that-need-to-be-said-victims-murder-andiudgement/ •' b6 b7c ____________________________________________________________________________________ b7E 1 1, 2 1, 2 1 This message contains^unlxd'LI'iLia-L^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender 4 FBI(19-cv-1977)-17 immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 5 FBI(19-cv-1977)-18 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Thursday, March 14, 2019 2:01 PM Kramer, Stephen S. (LA) (FBI) Fwd: Is this case ours? Who resolved this case? Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: Subject: Is this case ours? Date: March 14, 2019 at 2:26:39 PM CDT To: Bennett Greenspan http://www.startribune.com/dna-leads-to-arrest-of-suspect-in-killing-of-navv-recruit/S07148672/ 0 “ b6 - 3 b7C - 3 This message contains c£a«75«4tial information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any 6 FBI(19-cv-1977)-19 action in reliance on the contents of this information is strictly prohibited. 7 FBI(19-cv-1977)-2G Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, March 12, 2019 2:57 PM Kramer, Stephen S. (LA) (FBI) Fwd: Updates to our Terms of Service and Privacy Policy FYI Sent from my iPhone Begin forwarded message: From: FamilyTreeDNA Date: March 12, 2019 at 3:44:07 PM EDT To: bgreenspan@me.com Subject: Updates to our Terms of Service and Privacy Policy Reply-To: FamilyTreeDNA View in browser 0 b4 - 1 8 FBI(19-cv-1977)-2I Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Monday, March 11, 2019 12:03 PM Kramer, Stephen S. (LA) (FBI) Democrat AG's. Hi Steve Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" This message contains information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 15 FBI(19-cv-1977)-28 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Thursday, February 28, 2019 9:47 AM Kramer, Stephen S. (LA) (FBI) Fwd: Democratic Attorneys General Association 3/21 Thoughts? Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: Subject: Democratic Attorneys General Association 3/21 Date: February 28, 2019 at 10:57:47 AM CST To: "bcq@familvtreedna■conn,, , "bcq@ftnda.com" Dear Bennett, b6 b7C 3 3 b7C - 3 16 FBI(19-cv-1977)-29 b6 - 3 b7C - 3 m: e: a: If you are not an intended recipient o f this message, any review, retransmission, copying, use, disclosure, or dissemination o f this message or its attachments is strictly prohibited. If you have received this message in error please notify the sender immediately and delete the message from your system. Thank you. This message contains coLu^^graSuil information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 17 FBI(19-cv-1977)-3G Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Wednesday, February 20, 2019 1:04 PM Kramer, Stephen S. (LA) (FBI) Fwd: Press Info. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From Subject: Fwd: Press Info. Date: February 20. 2019 at 2:58:21 PM CST To: l Cc: Bennett Greenspan ___________ To be dear, below is the information we received from at the Newport Beach Police Department that was to be included in the joint press statement with the Orange County D.A.'s office. There is no doubt in my mind this was a political move. I Itells me there will be a correction of the press release, but we all know it will not be as impactful as the first hit. After lauding during the press conference, there was a mention by the police chief o f FamilyTreeDNA. The entire conference can be seen on the Newport Beach Police Department's website. We will field press inquiries, but we should keep in mind that we opted not to issue a press release on this while we work to get the email and updates out to the customers. ---------F o rw a rd ed m w s a p s ----------------- From: Date: lue, Feb 19, 2Uiy at lU:i>2 AM b6 - 5 b7C - 5 18 FBI(19-cv-1977)-3I Subject: Press Info. Tof Investigators broke the case through genetic genealogy techniques after receiving an investigatory lead from FamilyTreeDNA’s Gene-by-Gene, LTD, laboratory o f Houston, TX with further assistance from genetic genealogist VA. b6 - 3 b7C - 3 Thank you again, b6 b7C 5 5 IMPORTANT WARNING a n d 'c ^ B :5 » » ,?C S jT Y N O T IC E : This e-mail (and any attachment) is only intended for the use o f the person or entity to which it is addressed, and may contain information that is privileged and"coBS^rtSiaOkll recipients, including employees o f the City o f Newport Beach, are obligated to maintain this communication in a safe, secure and confidential manner. Unauthorized disclosure or failure to maintain cpnSdewti^TTtv^is strictly prohibited and may be a violation o f state and/or federal law(s) and carry criminal and/or civil penalties. Additionally, the unauthorized disclosure or failure to maintain confidentiality this email (and any attachments) by employees o f the City o f Newport Beach may be a violation of City o f Newport Beach and/or Newport Beach Police Department policies. If you are not the intended recipient, please immediately notify the sender by return e-mail and delete this message from your computer without making a copy or distribution. 19 FBI(19-cv-1977)-32 b6 - 3 b7C - 3 This message nl lin ii nl iiliMil"1^ i and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 20 FBI(19-cv-1977)-33 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, February 19, 2019 9:08 AM Kramer, Stephen S. (LA) (FBI) Fwd: Press Info. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: Subject: Fwd: Press Info. Date: February 19, 2019 at 10:03:12 AM CST To: Bennett Greenspan Wednesday, February 13, 2019 5:43 AM Kramer, Stephen S. (LA) (FBI) Re: input by Wednesday is helpful. b4 - 1 b7E - 1 So ignorant on this I don’t know the appropriate question to ask. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" On Feb 12, 2019, at 10:09 PM, Kramer, Stephen S. (LA) (FBI) wrote: Not sure what you mean? On Feb 12. 2019 8:08 PM. Bennett Greenspan wrote: I frankly have no idea what I should have, and I’d rather not guess. You know we are making b4 - 1 up history as we go. b7E - 1, 2 Bennett Greenspan President FamilvT reeDNA.com History Unearthed Daily' 23 FBI(19-cv-1977)-36 ; This message contains information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by e-mail if you have : received this e-mail by mistake and delete this e-mail from your : system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly I prohibited. This message contains information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 24 FBI(19-cv-1977)-37 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Tuesday, February 12, 2019 8:09 PM Bennett Greenspan Re: input by Wednesday is helpful. Not sure what you mean? b4 - 1 b7E - 1 O n F eh 19 701 Q 8-OR P M R e n n e tt flr e e n s n a n < h r .g @ fa m ilv tre er ln a r.nm > w ro te: I frankly have no idea what I should have, and I’d rather not guess. You know we are making up history as we go- Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" This message r i i i I -i and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 25 FBI(19-cv-1977)-38 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Tuesday, February 12, 2019 8:09 PM Bennett Greenspan Re: see this? b7E - 1 Yep. I already responded a couple weeks ago to the local agencies in Maryland. ____________________________________ S--------------------------------------------------- On Feb 12, 2019 8:04 PM, Bennett Greenspan wrote: http://www.fox5dc.com/news/local-news/maryland-lawmaker-proposes-bill-to-ban-police-use-of-dnadatabases Bennett Greenspan President FamilyT reeDNA.com “History Unearthed Daily" This message contains T u m i, iH i■ 'ITT'TTT'j 11f mil i 11 and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 26 FBI(19-cv-1977)-39 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, February 12, 2019 8:08 PM Kramer, Stephen S. (LA) (FBI) input by Wednesday is helpful. b4 - 1 b7E - 1 I frankly have no idea what I should have, and I’d rather not guess. You know we are making up history as we go. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" This message contains _i~rinTTi 111 IILU y T information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 27 FBI(19-cv-1977)-40 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, February 12, 2019 8:04 PM Kramer, Stephen S. (LA) (FBI) see this? http://www.fox5dc.com/news/local-news/marvland-lawmaker-proposes-bill-to-ban-police-use-of-dna-databases Bennett Greenspan President FamilyTreeDNA.com v “History Unearthed Daily" This message contains ~riryn^^ ^ graT^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 28 F B I(19-cv-1977)-41 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, February 12, 2019 1:33 PM Kramer, Stephen S. (LA) (FBI) Tweaking the program Hi Steve l l Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" This message contains <^nf iden'LT^uL^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 29 F B I(19-cv-1977)-42 Kramer. Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Monday, February 11, 2019 6:30 PM Kramer, Stephen S. (LA) (FBI) Ancestry sites are newest frontier for law enforcement khou.com Much more balanced. https://www.khou.com /article/news/ancestry-sites-are-newest-frontier-for-law-enforcement/285-cf3bc549-44a4-4e2a a04d-fd358f3281a6 Sent from my iPhone 30 F B I(19-cv-1977)-43 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Friday, February 08, 2019 7:09 AM Kramer. Stephen 8. fLAI fFBfl Fwd: b6 - 1 b7C - 1 fyi. Glad that a killer was caught yesterday. W e need more. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From SubjecEJ Date: February 8, 2019 at 12:58:09 AM CST bcq@qenebyqene.com To: b6 - 1 , 3 b7C - 1 , 3 Ive debated about sending this email response from b4 1 b6 1, 2 b7C - 1 , 2 ,b7E -1 Also read her lastest response to f Sent from my Verizon, Samsung Galaxy smartphone -------- Original m essage--------From:______________________ Date: 2/7/19 3:18 PM (GMT-05:00) b6 - 1 , 2 b7C - 1 , 2 31 FBI(19-cv-1977)-44 To ________________________________________________ Subject: RE: [ISOGG] Re: DEDICATED THREAD: FTDNA helps FBI press release b4 - 1 b6 - 2 , 3 b7C - 2 , 3 b7E - 1 From Sent: 07 February 2019 19:5? To: Subject: Re: LISOGGJ Re: DEDICATED THREAD: FTDNA helps FBI press release L 1 2, 3 - 2, 3 -1 b6 3 b7C - 3 -----Original MessageFrom: [ISOGG] 32 FBI(19-cv-1977)-45 > To: ISOGG > Sent: Thu, 7 Feb 2019 11:17 Subject: RE: [ISOGG] Re: DEDICATED THREAD: FTDNA helps FBI press release From: ISOGG@yahoogroups.com > Sent: 07 February 2019 03:32 To: ISOGG@yahoogroups.com Subject: RE: [ISOGG] Re: DEDICATED THREAD: FTDNA helps FBI press release A N D .. .1 find this thread a bit over the top as we cannot do a thing I agree with you about the situation. The governments o f the different entities have made their decisions. b6 - 3 b7C - 3 33 FBI(19-cv-1977)-46 A N D .. .if one o f my relatives committed crimes.. .take him/her! The presence o f criminals and the lack o f privacy in this electronic age is a part o f life and we all need to face it. IMO, these lengthy discussions and disagreements are a waste o f time and space. We, as administrators/testers, can chose what to do for ourselves, but we can’t control the laws at this point. Sadly, the changes have resulted from law suits and complaints. Time to grow up. Can we move on?????? b6 - 3 b7C - 3 From: ISOGG@vahoogroups.com < ISOGG@,vahoogroups.com > Sent: Wednesday, February 6, 2019 3:39 PM To: ISOGG@yahoogroups.com Subject: RE: [ISOGG] Re: DEDICATED THREAD: FTDNA helps FBI press release that is all very well for forensic testing, but I contend that the aims and sensibilities o f testers in the field o f genetic genealogy are different, and forensic privacy principles do not necessarily apply to our discipline. Those who do DNA tests for genetic genealogy purposes are looking for matches. You cannot choose your ancestors, so the fact that a match may turn out to be, or be related to, a criminal, is the luck o f the game. I do not see any reason for excluding DNA tests from criminals or suspected criminals from genetic genealogy databases. As long as the tester is treated on the same basis as other testers in regard to privacy, the reason for taking the test should be irrelevant. As an Australian I find the whole situation rather comical, as a large proportion o f the Australian population is descended from criminals, politely referred to as convicts, and finding one in your 34 FBI(19-cv-1977)-47 ancestry these days is regarded as a badge o f honor, the equivalent o f Australian royalty. I don’t have convict ancestors m yself but I have first cousins who do. Admittedly few o f those early convicts were rapists or murderers, as those crimes carried a mandatory death penalty, however books on the practice o f family history (in the days before the Internet when people still read books) usually advised researchers that they should only be prepared to undertake family history research if they were prepared to find ancestors among the less savoury classes o f humanity, such as criminals, alcoholics, illegitimate children and the insane. Sure enough, I have found ancestors in all four o f those categories, and I am not ashamed to acknowledge them. b6 - 3 -------------------b7C - 3 From: ISOGG@yahoogroups..com [mailto:ISOGG@yahoogroups..com ] Sent: Thursday, 7 February 2019 8:44 AM To: ISOGG@vahoogroups.com Subject: RE: [ISOGG] Re: DEDICATED THREAD: FTDNA helps FBI press release Family Tree DNA has an international database with people from different countries and cultures all having different expectations o f privacy.. The UK’s Biometrics and Forensics Ethics Group recently published a very useful set o f ethical principles relating to forensic and biometric procedures. The governing principles include the following: * procedures should respect the human rights o f individuals and groups; * procedures should respect the dignity o f all individuals; * procedures should, as far as possible, protect the right to respect for private and family life where this does not conflict with the legitimate aims o f the criminal justice system to protect the public from harm; The police had to remove about 1.7 million DNA profiles from the UK DNA Database after a 35 FBI(19-cv-1977)-48 complaint was made to the European Court o f Human Rights. They were retaining the DNA o f people who had been arrested but not convicted: https://www.theguardian.com/uk/2008/dec/04/law-genetics There are also guidelines relating to the implementation o f the principles which include the following: * proportionality - balancing individual rights and the public good; * the need for independent oversight where appropriate; * the need to provide adequate information and where appropriate to obtain consent from those from whom data or samples are sought. Subjecting non-US citizens to searches by US law enforcement agencies with no independent oversight is neither proportionate nor reasonable and is likely to be regarded as a violation o f the “right to respect for private and family life”. Accessing personal information in a private commercial database without consent is not like knocking on someone’s door.. It is like entering someone’s house without permission and without knocking. This will probably be decided in the courts. Someone has apparently complained to the Data Protection Office in Ireland (the Irish privacy regulator). Another person has contacted their MEP (European Member o f Parliament) who has a special interest in privacy. This message contains informati on and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 36 FBI(19-cv-1977)-49 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Tuesday, February 05, 2019 6:52 AM Bennett Greenspan_______ Re b6 - 2 b7C - 2 https://www.biorxiv.org/content/early/2018/06/18/350231 On Feb 5, 2019 4:37 AM, Bennett Greenspan wrote: Hi Steve Can you send me the paper, or a link top the paper that __________ wrote that serves as the basis for subpoena’s based on this techonology. I think it will make a good case as to why the genie is out of the bottle and will cause the furor to subside a bit. Thx., Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" This message contains con£^jfgS^Lal ^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 37 FBI(19-cv-1977)-5Q Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Tuesday, February 05, 2019 6:50 AM Bennett Greenspan Re: Fwd: Latest article @BuzzFeedNews on forensic genetic genealogy This is the study that describes the high probability o f finding a match. In legal lingo: probable cause. On Oct 11, 2018 1:15 PM, Bennett Greenspan wrote: fyi Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: ________________________________________ Subject: Latest article @BuzzFeedNews on forensic genetic genealogy Date: October 11.2018 at. 1:22:19 PM OPT________ To: Dear all, Thanks for your help in reporting this piece and previous articles. I've also pasted the new piece below my signature. As always, do keep me informed o f future developments. b6 b7C Best wishes, 3 3 38 FBI(19-cv-1977)-5I b6 - 3 b7C - 3 The Method That Snared The Golden State Killer Could Find More Than Half Of Americans From Their DNA, Scientists Say The researchers want genetic testing companies to “sign” the DNA profiles they produce with a secure code — limiting access to databases by cops. More than half o f Americans could be identified from just a sample o f their DNA and some sleuthing in public genealogy databases — using methods similar to those used by cops to catch the Golden State Killer. That’s the conclusion o f a new study looking at a database o f 1.28 million DNA profiles held by the company MyHeritage, based in Israel. About half o f the US population — 60% o f those with white European ancestry — have a third cousin or closer relative in the database, the researchers calculated. That means it would be relatively easy, they say, for investigators to match a DNA sample left at a crime scene to someone in the database, then use Census records and other genealogy tools to construct family trees that lead to the culprit. As more people upload their DNA profiles to genealogy databases, it will only get easier to identify suspects from partial matches to crime-scene DNA. And Yaniv Erlich of Columbia University in New York, who led the research, expects that genealogists will become more skilled at tracking down their quarries. “I also think that the methods and the tactics will get better and better,” said Erlich, who is chief science officer with MyHeritage. “People will find different tricks.” Erlich’s results are broadly similar to earlier back-of-the-envelope calculations made by geneticists Graham Coop and Michael Edge of the University of California, Davis, for GEDmatch. a database that contains the DNA profiles of about a million people and was used to help identify the Golden State Killer. But the genealogist who has already cracked a dozen similar cases using GEDmatch told BuzzFeed News that, in practice, it is harder to identify suspects than the researchers assume. 39 FBI(19-cv-1977)-52 “It’s very difficult, because every case has unique challenges to overcome,” said CeCe Moore, who is working with the company Parabon Nano Labs to help cops solve cold-case murders and rapes. Identifying someone from a partial match between their DNA means building family trees that might link a third-cousin, for example, to the target. Because family trees contain many branches, it is laborious work. And complications such as adoptions, misunderstandings over who is actually the biological father of a child, or recent immigration from countries that don’t have reliable records of family history can make it impossible to make an identification, Moore said. Still, in some cases, a target can be identified in just a few hours. In their research paper, published today in Science. Erlich and his colleagues described how they uploaded to GEDmatch the DNA profile of a woman who had previously donated her DNA for the 1000 Genomes Project, an international effort to study human genetic variation. The researchers found that they were able find her within a day by constructing family trees from her closest relatives in GEDmatch. In their paper, they say that this highlights a risk that people who donated their DNA anonymously for medical research could have their identities exposed. “The fact that you can do it in a day is fairly revealing,” Edge told BuzzFeed News. Erlich and his colleagues have a suggestion to protect people’s privacy in the new era of forensic genetic genealogy: They want companies providing genetic tests to apply a secure digital signature to each DNA profile they generate. These digital signatures could then be used to limit the use of genetic genealogy by cops — and anyone else who might want to try and identify someone from a DNA profile. MyHeritage, like most genetic testing companies, opposes the use of its database by law enforcement without a court order. However, because MyHeritage allows customers to upload profiles produced by other companies into its database, this “digital signature” idea would need buy in from other firms. The three largest — 23andMe, Ancestry, and Family Tree DNA — declined to comment on Erlich’s proposal. “We don't have enough information on the solution proposed by the researchers to evaluate it at this point,” 23andMe spokesperson Andy Kill told BuzzFeed News by email. GEDmatch, meanwhile, modified its terms of service after the Golden State Killer case was solved to warn users that their profiles could be searched “by third parties such as law enforcement agencies to identify the perpetrator of a crime, or to identify remains.” f cops also had access to the technology, a digital signature scheme could in theory allow GEDmatch to distinguish between criminal investigations, which it allows, and nefarious use by other people to breach people’s privacy, for example by “outing” research volunteers. GEDmatch co-founder Curtis Rogers told BuzzFeed News by email that the digital signatures idea “merits serious consideration.” He added: “We at GEDmatch are very concerned about the proper use of genealogical information.” 40 F B I(19-cv-1977)-53 Paul Holes, a retired investigator with the Contra Costa County District Attorney’s Office who led the team that snared the Golden State Killer, said that cops would be concerned about any privacy controls that might reveal their investigative activities. “There’s a reason why we did not communicate with GEDmatch about the Golden State Killer case,” Holes told BuzzFeed News. “If we had a leak, you have a very dangerous offender who potentially could decide to skip town, or take a hostage.” Erlich’s calculations also show that genetic genealogy involves some racial biases that run counter to ways in which criminal investigations often play out. Because black Americans are disproportionately arrested and imprisoned, their profiles are over­ represented in police DNA databases. This makes it more likely that a match will be found to a crime-scene sample for a black suspect. But GEDmatch and other genealogy databases contain a disproportionate number of profiles from white Americans. Erlich and his colleagues found that people with a mainly North European ancestry were 30% more likely to have a third-cousin or closer in MyHeritage’s database than someone whose ancestry is largely African. This means that white suspects would be easier to find using genealogical methods. Already, police are looking at the success of using genetic genealogy on decades-old cold cases and realizing that the same methods can be used in current investigations. In July, Moore and Parabon used the approach to identify 31-year-old Spencer Glen Monnett as the suspect in the rape o f a 79-year-old woman in St. George, Utah, that happened in April of this year. “ A lot of forward-thinking investigators are thinking, ‘Why not get this guy off the streets now?”’ Ellen Greytak, Parabon’s director of bioinformatics, told BuzzFeed News. READ MORE • The Golden State Killer Who Terrified California Has Been Arrested, Officials SayTasneem Nashrulla ■Apr. 25, 2018 • Cops Forced A Company To Share A Customer’s Identity For The Golden State Killer InvestigationPeter Aldhous ■May 1,2018 • DNA Data From 100 Crime Scenes Has Been Uploaded To A Genealogy Website — Just Like The Golden State KillerPeter Aldhous ■May 17, 2018 41 FBI(19-cv-1977)-54 This message contains c^jjairoS^j^l^nformation and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and i delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly : prohibited. 42 FBI(19-cv-1977)-55 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, February 05, 2019 4:36 AM Kramer. Stephen S. (LA) (FBI) Hi Steve be - 2 b7C - 2 Can you send me the paper, or a link top the paper that that serves as the basis for subpoena’s based on this techonology. I think it will make a good case as to why the genie is out of the bottle and will cause the furor to subside a bit. Thx., Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" This message nfnrmat- inn and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 43 FBI(19-cv-1977)-56 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Monday, February 04, 2019 7:28 PM Kramer, Stephen S. (LA) (FBI) Fwd: law enforcement permission request As you predicted. My answer is no.. will probably criticize us for that, too. O f course 'b4 - l “ b6 - l b7C - 1 b7E - 1 Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From Subject: Fwd: law enforcement permission request Date: February 4. 2019 at 6:10:52 PM CST__________ T01 I think our answer is no you may not correct? Who wants to respond? b4 b6 b7C b7E Sent from my iPhone Begin forwarded message: l 1 - 1 - 1 From: Date: "ebruarv 4. 2019 at 5:49:01 PM CST To: Subject: law enforcement permission request Hello. My name is As you may know, we perform genetic genealogy research for law enforcement. Some o f our law enforcement customers have inquired as to whether we can search the 44 FBI(19-cv-1977)-57 documents that you require. Glad to discuss by phone if that would be helpful. Thank you in advance for consideration o f this request. Sincerely, b6 - l b7C - 1 This message contains imi I iHf'iil i.al_ information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 45 F B I(19-cv-1977)-58 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Monday, February 04, 2019 7:08 PM Kramer, Stephen S. (LA) (FBI) Fwd: A letter from Bennett Greenspan, FamilyTreeDNA Founder Sent from my iPhone Begin forwarded message: From: FamilyTreeDNA Date: February 3, 2019 at 4:55:40 PM EST To: bgreenspan@me.com Subject: A letter from Bennett Greenspan, FamilyTreeDNA Founder Reply-To: FamilyTreeDNA A letter to our customers View in browser 0 Dear Customers: I am writing to address the news that our Gene-by-Gene laboratory, which processes genetic tests for several commercial clients in addition to all of the FamilyTreeDNA tests, has processed a handful of DNA samples for cold cases from the F.B.I. In many cases, the news reports contained false or misleading information. Let me start with this categorical statement: LAW ENFORCEMENT DOES NOT HAVE OPEN ACCESS TO THE FTDNA DATABASE. They cannot search or “dig through” FTDNA profiles any more than an ordinary user can. As with all other genetic genealogy services, law 46 FBI(19-cv-1977)-59 enforcement must provide valid legal process, such as a subpoena or search warrant to receive any information beyond that which any other user can access. I have been an avid genealogist since I was twelve years old. FamilyTreeDNA is not just a business, it is my passion. I fully understand your privacy concerns on a personal level. Law enforcement has the ability to test DNA samples from crime scenes and upload the results into databases, like any other customer can, and it appears they have been doing it at other companies for the past year. The distinction is that, according to our Terms of Service and Privacy Policy, we expect the FBI and law enforcement agencies to let us know when they submit something to our database. We moved to something transparent, rather than having them work in a stealthy way. Other than that, nothing changed that affects the privacy of our customers. FamilyTreeDNA has always taken your privacy seriously and will continue to do so. We’ve remained steadfast, always, refusing to sell your data to pharmaceutical companies and other third parties. One of the key reasons law enforcement wanted to submit their samples to us is the same reason many of you have: out of all the major companies, FamilyTreeDNA is the only one that has its own lab, and our customers’ samples never leave our company. As previously stated, law enforcement can only receive information beyond that which is accessible to the standard user by providing FamilyTreeDNA with valid legal process, such as a subpoena or a search warrant. Again, this is specified in FamilyTreeDNA’s Terms of Service, just as with all other companies. ABOUT OUR TERMS OF SERVICE 47 FBI(19-cv-1977)-6G The Terms of Service were changed in May of 2018 to reflect GDPR requirements, and we informed our customers about the update at that time. Those changes included a paragraph that required law enforcement to receive our permission to enter the database and since it was a part of the overall update, notice was sent to every FTDNA customer. Without infringing upon our customers’ privacy, the language in the paragraph referring to law enforcement was updated in December, although nothing changed in the actual handling of such requests. It was an oversight that notice of the revision was not sent to you and that is our mistake. Therefore, we are reverting our TOS to our May 2018 version, and any future changes will be communicated to you in a timely manner. This is the May 2018, GDPR-compliant version, communicated to you at that time: “You agree to not use the Services for any law enforcement purposes, forensic examinations, criminal investigations, and/or similar purposes without the required legal documentation and written permission from FamilyTreeDNA.” WE WILL DO A BETTER JOB OF COMMUNICATING WITH YOU. I am genuinely sorry for not having handled our communications with you as we should have. We’ve received an incredible amount of support from those of you who believe this is an opportunity for honest, law-abiding citizens to help catch bad guys and bring closure to devastated families. We want you to understand, as many of you already do, that you have the same protections that you’ve always had and that you have nothing to fear. We’ve also heard from supporters offering ideas and solutions to make the FamilyTreeDNA experience a more comfortable one in light of this new information. 48 FBI(19-cv-1977)-6I We are listening. Our plan is to create a panel of citizen genealogist advisors who will work with us as we focus on how to make your FamilyTreeDNA experience the best one available. Sincerely, Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" C o p y rig h t © 2019 F a m ily T re e D N A , A ll rig h ts re s e rv e d . You are receiving this email because you opted in at our website www.familvtreedna.com. Want to change how you receive these emails? You can update vour preferences or unsubscribe from this list. Our mailing address: FamilyTreeDNA 1445 N Loop W #820 Houston, TX 77008 Add us to vour address book 49 FBI(19-cv-1977)-62 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Sunday, February 03, 2019 9:33 AM Kramer, Stephen S. (LA) (FBI) Fwd: [ISOGG] Re: DEDICATED THREAD: FTDNA helps FBI press release Begin forwarded message: From Subject: RE: [ISOGG] Re: DEDICATED THREAD: FTDNA helps FBI press release Date: February 3. 2019 at 11:28:45 AM CST_______________ To: ___________________________________________________ Cc:1 b6 - 1 , 3 b7C - 1 , 3 Hi I am personally entirely supportive, not only based on your points, but also because of Bennett’s point that it was happening anyway. Also, be aware that I’m in a very precarious position here and really can’t sav anything publicly, in part becausel who clearly works in partnership with the FBI. What we have now is a public relations and credibility problem with our customers. When the Buzzfeed article was released, followed by the press release, it appeared like FTDNA got “caught” doing something they shouldn’t have been doing and that the press release was at attempt at cleanup and justification. Whoever tipped BuzzFeed had to be an insider in the community (I have suspicions about who) and knew enough to send BuzzFeed to two people well known to nnnosod to FTDNA md police investigations and American laws b6 - 1 , 3 b7C - 1 , 3 This has caused the following: i. Customers feel “betrayed” (their word, over and over again) because they were not informed and discovered this via BuzzFeed, followed immediately by which was obviously prepared in advance, followed by the FTDNA press release. b6 - 3 b7C - 3 50 FBI(19-cv-1977)-63 2. Customers feel that they can no longer trust FTDNA, not so much because of the LE cooperation, but because of the fact they weren’t informed in advance so that they could give informed consent. Informed consent has been mentioned over and over, relative to LE usage. I trust that you and Bennett have worked with attorneys in advance relative to this issue, so I’m just informing you of the sentiment. 3 . Customers don’t know what to say to their family members who they recruited, in part by telling them that police can’t get/use their DNA and FTDNA doesn’t participate. 4 . Project admins have no idea what to say to their members and many feel like they’ve been left in the dark. 5. People are furious that their only option is to turn off their own matching if they don’t want to participate - because they won’t be able to benefit from the purpose that they purchased the product for genealogy matching if they don’t agree to be included as matches for LE kits. Lots of people are supportive of doing exactly this, but NOT of the order in which this as handled. Some people, obviously___________ among them, feel this is not only a communications issue, but also a lega issue. I haven’t looked at GDPR regulations in some time now, but my recollection is that a significant change would require an opt-in, not an opt-out, but again, this is for a GDPR expert. My suggestions to mitigate the immediate problem would be as follows: b4 - 1 b6 - 1 b7C - 1 b7E - 1 51 FBI(19-cv-1977)-64 b4 b6 b7C b7E I’m attaching two screen shots here for you. Both are from the ISOGG group and frorr ~ who is also inferring that ethics were breached because customers didn’t know. 1 1 - 1 1 b6 - 1 b7C - 1 Not only that, butl Iconfipneillpubliclv, on the ISOGG list) a specific case uploaded to FTDNA tha found on her match list. 52 FBI(19-cv-1977)-65 Janet u u e wini email auuieyyjairei.u jy s i muie. Like • Reply ■ 1 d 5 Interesting. To my knowledge, It is not the sa m e o ne tna I am working on and has been in the media recently] have not uploaded any lies to FTDNA and I don’t think they would have paid for a new analysis. I will check though. O s Like ■ Reply - I d - Edited b6 - 1 , 3 b7C - 1 , 3 'A spokesperson for the company said law enforcement agencies have so far uploaded 22 samples; ten were from the FBI. At least one case has been solved, induding a 20 year old rape case involving a child." This statement irks me in that 1would say a... S ee M ore O Like • Reply • Id 5 i iust checked wit the detective and I stand ---------- crnimsa 1 the upload to FTDNA of that case but it is indeed there. Like • Reply ■ I d ■ Edited thanks for the confirmation. © i Like • Reply ■ I d Apologies for the misinformation. 1had no idea. © 3 Like • Reply • 1 d - and that seems precisely the point. None of us were aware of any of this, if n"DNA and law enforcement wants to be trusted they have to be transparent about this. Thev were even rot to mention th e customers. b6 - 1 , 3 b7C - 1 , 3 Like ■ Reply • 15h how did you find the Janet Doe kit? Was it some other way than it matching a kit you have access to? Like ■ Reply • 15h 53 FBI(19-cv-1977)-66 [My apologies for deleting my earlier J yo ur Ikes — and putting things out of order.) Stemming from my wish to be transparent and my disappointment with how things were handled in this situation, f realize I may have said more than I should have. So I am going to consolidate my comments here. First, neither^ FTDNA for law enforcement cases. I am sure we have *many* cases that could have already been solved if we had chosen to upload to FTDNA (which was obviously possible). Best practices, high standards and ethics are of great LUI1111161IL3 ■ tru have known for years that crimes could be solved and victims IDed through genetic genealogy, but I refrained from doing so until the community and public became aware of that possibility as well. If I had *onJy* been concerned with solving crimes, I would have agreed to help the many detectives,'’DAs who approached me to do so long ago. That said, now that the word is out about the change in the TQS and their work use FTDNA's with LE, I imagine we database in the future, but we did not and would not do so without the customers' knowledge and ability to choose how their own DMA is used. Further, to those who think 1should have said something about FTDNA being used by LE, that was simply not possible, but I invested a lot of effort into trying to minimize the negative repercussions, encourage transparency and potential unethical behavior in the ways I was able to, but 1had no control over the actions of others who w ere enoaninn in 'Investigative genetic genealogy" outside ol where we have very strict guidelines and standards. As much a s ! may have wanted to share this information, I absolutely could not betray the legally-binding contracts that i am party to and reveal confidential information shared with me in the course of my work with law enforcement. The FTDNA TOS chan ged in December - weeks ago. Why didn't anyone notice it and bring i to the community's attention? it certainly should not be my sole responsibility to do so, and break contractual agreements and required confidentiaity (putting myself at very serious legal and professional risk) to alert the community? And 1am not the only "well known" person in the community who knew about it, although I,may be the only "well known" person who knew and was not party to it 1 appreciate those of you who have been so incredibly supportive of my work, and to those of you who don't agree, I respect your opinion and your choice to not have your DNA used in this manner. 1will continue to abide by that standard. ! ike • RenJv - 7m 0 3 b6 - 1 , 3 b7C - 1 , 3 ^ 54 FBI(l9-cv-1977)-67 This message in11 i i 11 i h il~ i 'h 111 I , i i 111 i in 11 i 11 and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. \ ~ 55 FBI(19-cv-1977)-68 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Saturday, February 02, 2019 1:29 PM Bennett Greenspan Re: Fwd: FTDNA DATA Agree On Feb 2, 2019 12:47 PM, Bennett Greenspan wrote: I think she says it well. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From : Subject: F T D N A D A T A D ate: February 2, 2019 at 2:31:39 PM CST To: Cc: b6 - 1 , 3 b7C - 1 3 since you sent this to so many people, I feel obliged to respond with my view, which is quite rent from yours. I am not shocked. I am not sorely disappointed and I don't think this revelation is in any way a blemish upon Bennett or the "tribe" in general. a Giving away my data to a commercial enterprise to make money off of it or an insurance company who can use it to determine my coverage on the one hand....and letting the FBI use my data profile to catch criminals on the other hand...for me, that's two very different things. The former I am staunchly against and FTDNA has never nor do I believe will ever betray my trust regarding the former. The latter...well, I'm in the camp that feels that if you or your family is not involved in serious crimes, you really don't need to be worried. (The FBI is not after shoplifters or pot smokers or traffic ticket non­ payers) And if my DNA leads the FBI to some cousin of mine who turns out to be a rapist or murderer, well, my support of family doesn't include protecting a cousin like that. Quite the opposite, I'd be glad if my genetic info in some way helped catch a rapist or murderer or terrorist. And I should add that I'm not 56 FBI(19-cv-1977)-69 a right-wing "law and order" type, but if anything am on the progressive side of the spectrum. But this does not feel to me like any kind of police state or other over-reaching militaristic thing_it's just another tool to track down those who threaten others. Now to lay my cards on the table, I'm not overly concerned about genetic privacy issues to begin with— I do not see as likely the dangers many get quite worried about and the trade-off of learning about one's ancestry is worth it to me. However, even if I was more concerned about data sharing, I would not have a problem with the FBI—with good cause, which I'm sure they must produce—searching a database I am in for the trace of a felon. b6 - 1 b7C - 1 On Saturday, February 2, 2019, 11:15:28 AM PST wrote: You should all be aware of this.... I am shocked that ftdna that promised me it would never sell or give away my data did this. It's especially shocking that the Jweish president of the company would allow such a thing given 20th century history. "It can't happen here" - is exactly what they said, but it did anyway. I am extraordinarily disappointed and all customers of the company should be aware. "FamilyTreeDNA, one of the pioneers of the growing market for "at home", consumer genetic testing, confirmed a report from BuzzFeed t hat it has quietly granted the Federal Bureau of Investigation access to its vast trove of nearly 2 million genetic profiles." "FamilyTreeDNA's fresh agreement with the FBI gives the agency the ability to search more than a million genetic profiles—the majority of which were given by consumers without knowledge of the " FamilyTreeDNA Hands the FBI Access to Its Database Fam ilyTreeDNA Hands the FBI Access to Its Database Victoria Song There are plenty of reasons to be wary of at-home DNA testing, particularly if you're concerned about genetic pr... 57 FBI(19-cv-1977)-7G This message contains con^^th'^-4-aJ ^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 58 FBI(19-cv-1977)-7I Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Saturday, February 02, 2019 12:47 PM Kramer, Stephen S. (LA) (FBI) Fwd: FTDNA DATA I think she says it well. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: Subject: FTDNA DATA b6 b7C 1, 3 1, 3 since you sent this to so many people, I feel obliged to respond with my view, which is quite different yours. I am not shocked. I am not sorely disappointed and I don't think this revelation is in any way a blemish upon Bennett in general. Q Giving away my data to a commercial enterprise to make money off of it or an insurance company who can use it to determine my coverage on the one hand....and letting the FBI use my data profile to catch criminals on the other hand...for me, that's two very different things. The former I am staunchly against and FTDNA has never nor do I believe will ever betray my trust regarding the former. The latter...well, I'm in the camp that feels that if you or your family is not involved in serious crimes, you really don't need to be worried. (The FBI is not after shoplifters or pot smokers or traffic ticket non­ payers) And if my DNA leads the FBI to some cousin of mine who turns out to be a rapist or murderer, well, my support of family doesn't include protecting a cousin like that. Quite the opposite, I'd be glad if my genetic info in some way helped catch a rapist or murderer or terrorist. And I should add that I'm not a right-wing "law and order" type, but if anything am on the progressive side of the spectrum. But this does not feel to me like any kind of police state or other over-reaching militaristic thing....it's just another tool to track down those who threaten others. 59 FBI(19-cv-1977)-72 Now to lay my cards on the table, I'm not overly concerned about genetic privacy issues to begin with— I do not see as likely the dangers many get quite worried about and the trade-off of learning about one's ancestry is worth it to me. However, even if I was more concerned about data sharing, I would not have a problem with the FBI—with good cause, which I'm sure they must produce—searching a database I am in for the trace of a felon. b6 - 1 b7C - 1 On Saturday, February 2, 2019, 11:15:28 AM PST, wrote: You should all be aware of this.... I am shocked that ftdna that promised me it would never sell or give away my data did this. It's especially shocking that the Jweish president of the company would allow such a thing given 20th century history. "It can't happen here" - is exactly what they said, but it did anyway. I am extraordinarily disappointed and all customers of the company should be aware. "FamilyTreeDNA, one of the pioneers of the growing market for "at home", consumer genetic testing, confirmed a report from BuzzFeed that it has quietly granted the Federal Bureau of Investigation access to its vast trove of nearly 2 million genetic profiles." "FamilyTreeDNA's fresh agreement with the FBI gives the agency the ability to search more than a million genetic profiles—the majority of which were given by consumers without knowledge of th e " FamilyTreeDNA Hands the FBI Access to Its Database Fam ilyTreeDNA Hands the FBI Access to Its Database Victoria Song There are plenty of reasons to be wary of at-home DNA testing, particularly if you're concerned about genetic pr... 60 FBI(19-cv-1977)-73 This message contains 11"1 1> i if information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 61 FBI(19-cv-1977)-74 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Saturday, February 02, 2019 6:52 AM Kramer, Stephen S. (LA) (FBI) Is this accurate and something I can publish? As usual the press has it som ew hat incorrect. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" This message 111 ii11 iI i I 111 i i in im 11 i 11 and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 62 FBI(19-cv-1977)-75 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Attachments: Bennett Greenspan Thursday, January 31, 2019 3:06 PM Bennett Greenspan Final Press Release ATT00001.htm; FTDNA PRESS RELEASE JAN 31 2019 FINALpdf This message contains _^TiT~Mi 111 i iP i111 iin 11 i 11 and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 63 FBI(19-cv-1977)-76 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Elliott Greenspan Monday, December 31, 2018 10:51 AM Kramer, Stephen S. (LA) (FBI) Re: DNA testing to distinguish between identical twins b4 -1 b7E - 1 Best Elliott Get Outlook for iOS From: Kramer, Stephen S. (LA) (FBI) Sent: Monday, December 31, 2018 12:05 To: elliott@genebygene.com Subject: Fwd: DNA testing to distinguish between identical twins b6 - 1 , 2 , 3 , 4 , 5 b7C - 1 , 2 , 3 , 4 , 5 b7E - 2 Original message From Date: 12/30/18 10:54 AM (GMT-08:00)~ To: "Kramer, Stephen S. (LA) (FBI)" Cc: [(FBI)"" (FBI)" Subject: DNA testing to distinguish between identical twins https://ioumals.plos.org/plosgenetics/article?id-10.1371%2Fiournal.pgen.l007756&fbclid=IwARlclX34Jz2Jl HUQ4TidBguWiCXkllh4p FQCLbxpoKaGcliTNFJ70VZmNc Regards, "Put a scientist to work on your genealogy" 64 FBI(19-cv-1977)-77 This message contains _r.oja^^t^ 5E3 nformat i on and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 65 FBI(19-cv-1977)-78 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, December 04, 2018 3:50 PM Kramer, Stephen S. (LA) (FBI) Re: GenebyGene pricing b4 - 1 b7E - 1 Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" b4 - 1 b6 - 1 , 2 b7C b7E - 1 , 2 ro wrote: H On Dec 4, 2018, at 5:21 PM, Kramer, Stephen S. (LA) (FBI) -..........Original m essage--------From: Bennett Greenspan Date: 12/4/18 2:59 PM (GMT-08:00).------------------To: "Kramer, Stephen S. (LA) (FBI)" Subject: Re: GenebyGene pricing Hi Steve Just a thought— Based upon the notion that what I hear I forget what I see al remember, 66 FBI(19-cv-1977)-79 what I do, I know It seems to me that a great additional investment in your training would be proving kits for the Officers, have them test, download their results, and upload them in Gedmatch or MH and learn by doing, on themselves. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" b6 b7C b7E On P ec 4. 2018. at 3:23 PM, Kramer, Stephen S. (LA) (FBI) wrote: 1, 2 1, 2 2 about the cost to get tc for Thanks. I spoke to consumer samples. For instance, if we take a FTDNA kit with a DNA swab from a witness who has given us consent and mail it back to your lab for processing as a consumer ($79 - $99), it will take about three weeks to get the results. If we want to get our results faster, then what would be the premium? Thanks, Steve -------- Original m essage--------From: Bennett Greenspan Date: 12/4/18 9:53 AM (GMT-08:00)_____________ To: "Kramer, Stephen S. (LA) (FBI)' Cc: Subject: GenebyGene pricing b6 - l b7C - 1 b7E - 2 Hi Steve This message i1111 ii11 i iii11 i1h"M I i, _T information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this 67 FBI(19-cv-1977)-8Q e-mail by mistake and delete this e-mail from your system. If you' are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This message contains r . n a ^ ffBEaal information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This message contains^ corS^ l^ gnal ^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 68 FBI(19-cv-1977)-8I Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Tuesday, December 04, 2018 3:22 PM Bennett Greenspan Re: GenebyGene pricing b4 b6 b7C b7E 1 1, 2 - 1, 2 - 1 -------- Original message From: Bennett Greenspan Date: 12/4/18 2:59 PM (GMT-08:00).____________ To: "Kramer, Stephen S. (LA) (FBI)" Subject: Re: GenebyGene pricing ------------------b4 - l b7E - 1 Hi Steve , 2 Just a thought— Based upon the notion that what I hear I forget what I see al remember, what I do, I know It seems to me that a great additional investment in your training would be proving kits for the Officers, have them test, download their results, and upload them in Gedmatch or MH and learn by doing, on themselves. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" On Dec 4, 2018, at 3:23 PM, Kramer, Stephen S. (LA) (FBI) wrote: b7E - 2 69 FBI(19-cv-1977)-82 Thanks. I spoke to about the cost to get to for consumer samples. For instance, if we take a FTDNA kit with a DNA swab from a witness who has given us consent and mail it back to your lab for processing as a consumer ($79 - $99), it will take about three weeks to get the results. If we want to get our results faster, then what would be the premium? b6 " b7C - l, 1, 2 2 Thanks, Steve —.......Original m essage--------From: Bennett Greenspan Date: 12/4/18 9:53 AM (GMT-08:00).____________ To: "Kramer, Stephen S. (LA) (FBI)"____________ Cc: I Subject: GenebyGene pricing b6 - l b7C - 1 b7E - 2 Hi Steve This message ~~nt~ ~n ng ii nl i'l 'nl nil in f^rrmt i and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This message contains j-.orLE^i^fi5Ga.l information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 70 FBI(19-cv-1977)-83 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, December 04, 2018 2:59 PM Kramer, Stephen S. (LA) (FBI) Re: GenebyGene pricing Hi Steve Just a thought— b4 - l b7E - 1 Based upon the notion that what I hear I forget what I see al remember, what I do, I know It seems to me that a great additional investment in your training would be proving kits for the Officers, have them test, download their results, and upload them in Gedmatch or MH and learn by doing, on themselves. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" On Dec 4, 2018, at 3:23 PM, Kramer, Stephen S. (LA) (FBI) wrote: tbout the cost to get to Thanks. I spoke tc for consumer samples. For instance, if we take a FIPDNA kit with a DNA swab trom a witness who has given us consent and mail it back to your lab for processing as a consumer ($79 - $99), it will take about three weeks to get the results. If we want to get our results faster, then what would be the premium? b6 - 1 , 2 b7C - 1 , 2 b7E - 2 Thanks, Steve 71 FBI(19-cv-1977)-84 -------- Original m essage--------From: Bennett Greenspan Date: 12/4/18 9:53 AM (GMT-08:00; To: "Kramer, Stephen S. (LA) (FBI)' Cc: [ Subject: GenebyGene pricing b6 - l b7C - 1 b7E - 2 Hi Steve This message contains information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This message contains ^SSEs'eteSt^^^^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the content's of this information is strictly prohibited. 72 FBI(19-cv-1977)-85 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Cc: Subject: Kramer, Stephen S. (LA) (FBI) Tuesday, December 04, 2018 1:23 PM Bennett Greenspan Re: GenebyGene pricing Thanks. I spoke to________________ about the cost to get to Jfor consumer samples. For instance, if we take a FTDNA kit with a DNA swab from a witness who has given us consent and mail it back to your lab for processing as a consumer ($79 - $99), it will take about three weeks to get the results. If we b 6 -- l , want to get our results faster, then what would be the premium? b6 b7C - Thanks, Steve -------- Original m essage--------From: Bennett Greenspan Date: 12/4/18 9:53 AM (GMT-08:00) To: "Kramer, Stephen S. (LA) (FBI)" Cc: Subject: GenebyGene pricing b6 - 1 b7C - 1 b7E - 2 Hi Steve This message contains 111!■i 11 ~ i11f im 11 i 11 and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 73 FBI(19-cv-1977)-86 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Cc: Subject: Attachments: Bennett Greenspan Tuesday, December 04, 2018 9:53 AM Kramer, Stephen S. (LA) (FBI) GenebvGene pricing b4 - 1 b6 - 1 b7C - 1 b7E - 1 Hi Steve al information and is intended only for This message contains the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 74 FBI(19-cv-1977)-87 (FBI) From: Sent: To: Cc: Subject: I uesday, December 04, 2018 6:16 AM Kramer, Stephen S. (LA) (FBI) Re: Possible salvaging o f DNA that has been used for CODIS testing b4 - 1 b6 - 1, b7C - 1 b7E - 1 Hi Gene by Gene wrote: On Mon, Dec 3, 2018 at 4:55 PM I was speaking with our DNA people at our Crime Lab and one o f them had an idea regarding DNA that has been utilized for CODIS testing. She said that the DNA really hasn’t been consumed, it has just been mixed with “Post PCR Product” which from my limited understanding Post PCR Product are binders that have been added to DNA in order to identify the CODIS markers. She was wondering if there was a way to strip these binders out o f the DNA so that the DNA could then be utilized for SNP testing or NGS sequencing. They don’t use very much DNA to perform CODIS testing approximately lng, so there wouldn’t be much DNA obtained if the process was successful, maybe a 14 ng. A '/-> ng is better than nothing on cases where you have no DNA left. Often times this post PCR product is thrown away, but she said some labs keep the sample. She said that one method to strip the binders out was to separate the binders out by size exclusion. I was just interested in your thoughts on this. b6 - 1 , 2 b7C - 1 , 2 Thanks, 75 FBI(19-cv-1977)-88 Sacramento County D A ’s Office b6 - 2 b7C - 2 SACRAMENTO COUNTY DISTRICT ATTORNEY'S EMAIL DISCLAIMER: This email and any attachments thereto may contain private,[cailSeteGlIgf, and privileged material for the sole use o f the intended recipient. Any review, copying, or distribution o f this email (or any attachments thereto) by other than the Sacramento County District Attorney's Office or the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto. This message contains ~~nnTTT 1 * ull LaT^information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 76 FBI(19-cv-1977)-89 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Cc: Subject: Bennett Greenspan Tuesday, November 27, 2018 1:15 PM Kramer, Stephen S. (LA) (FBI) b6 - 1 b7C - 1 Re: Tomorrow 3pm will work. Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" On Nov 27, 2018, at 2:23 PM, Kramer, Stephen S. (LA) (FBI) wrote: Bennett anc We arrive in Houston early tomorrow afternoon. It is me, my colleague Does 3pm work for us to stop by your lab for a meet and greet and perhaps a tour? Also, on Thursday, please feel free to stick b6 ” 1 ' 3 around after is there are several people from the FBI lab attending and it ' b7E - 2 would be beneficial for everyone to meet and exchange information. Steve This message ^^rr1 -1 i f~i riiM s 1 inf^rtmti^n and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 77 FBI(19-cv-1977)-9Q Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Tuesday, November 27, 2018 12:24 PM Bennett Greenspan; elliott@genebygene.com Tomorrow b6 - l , 3 b7C - 1 , 3 Bennett We arrive in Houston early tomorrow afternoon. It is me, my colleague Does 3pm work for us to stop lw vnnr 1ah fnr a mppt and greet as there are and perhaps a tour? Also, on Thursday, please feel free to stick around after several people from the FBI lab attending and it would be beneficial for everyone to meet and exchange information. Steve 78 FBI(19-cv-1977)-9I Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Thursday, October 11, 2018 2:40 PM Bennett Greenspan Re: Latest article @BuzzFeedNews on forensic genetic genealogy Thanks. It took a few monthsr months for his study to get any press. -------- Original m essage--------From: Bennett Greenspan Date: 10/11/18 1:15 PM (GMT-08:00)___________________ To: "Kramer, Stephen S. (LA) (FBI)"] Subject: Fwd: Latest article @BuzzFeedNews on forensic genetic genealogy b7E - 2 fyi Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: b6 - 3 b7C - 3 From}_________________________________________ Subject: Latest article @BuzzFeedNews on forensic genetic genealogy Date: October 11. 2018 at 1:22:19 PM CDT________ ToJ Dear all. Thanks for your help in reporting this piece and previous articles. I've also pasted the new piece below my signature. As always, do keep me informed o f future developments. Best wishes, 79 FBI(19-cv-1977)-92 b6 b7C 3 3 tel: cel q The Method That Snared The Golden State Killer Could Find More Than Half Of Americans From Their DNA, Scientists Say The researchers want genetic testing companies to “sign” the DNA profiles they produce with a secure code — limiting access to databases by cops. More than half o f Americans could be identified from just a sample o f their DNA and some sleuthing in public genealogy databases — using methods similar to those used by cops to catch the Golden State Killer. That’s the conclusion o f a new study looking at a database o f 1.28 million DNA profiles held by the company MvHeritage. based in Israel. About half o f the US population — 60% o f those with white European ancestry — have a third cousin or closer relative in the database, the researchers calculated. That means it would be relatively easy, they say, for investigators to match a DNA sample left at a crime scene to someone in the database, then use Census records and other genealogy tools to construct family trees that lead to the culprit. As more people upload their DNA profiles to genealogy databases, it will only get easier to identify suspects from partial matches to crime-scene DNA. And Yaniv Erlich of Columbia University in New York, who led the research, expects that genealogists will become more skilled at tracking down their quarries. “I also think that the methods and the tactics will get better and better,” said Erlich, who is chief science officer with MyHeritage. “People will find different tricks.” Erlich’s results are broadly similar to earlier back-of-the-envelope calculations made by geneticists Graham Coop and Michael Edge of the University of California, Davis, for GEDmatch. a database that contains the DNA profiles of about a million people and was used to help identify the Golden State Killer. 80 FBI(19-cv-1977)-93 But the genealogist who has already cracked a dozen similar cases using GEDmatch told BuzzFeed News that, in practice, it is harder to identify suspects than the researchers assume. “It’s very difficult, because every case has unique challenges to overcome,” said CeCe Moore, who is working with the company Parabon NanoLabs to help cops solve cold-case murders and rapes. Identifying someone from a partial match between their DNA means building family trees that might link a third-cousin, for example, to the target. Because family trees contain many branches, it is laborious work. And complications such as adoptions, misunderstandings over who is actually the biological father of a child, or recent immigration from countries that don’t have reliable records of family history can make it impossible to make an identification, Moore said. Still, in some cases, a target can be identified in just a few hours. In their research paper, published today in Science. Erlich and his colleagues described how they uploaded to GEDmatch the DNA profile of a woman who had previously donated her DNA for the 1000 Genomes Project, an international effort to study human genetic variation. The researchers found that they were able find her within a day by constructing family trees from her closest relatives in GEDmatch. In their paper, they say that this highlights a risk that people who donated their DNA anonymously for medical research could have their identities exposed. “The fact that you can do it in a day is fairly revealing,” Edge told BuzzFeed News. Erlich and his colleagues have a suggestion to protect people’s privacy in the new era of forensic genetic genealogy: They want companies providing genetic tests to apply a secure digital signature to each DNA profile they generate. These digital signatures could then be used to limit the use of genetic genealogy by cops — and anyone else who might want to try and identify someone from a DNA profile. MyHeritage, like most genetic testing companies, opposes the use of its database by law enforcement without a court order. However, because MyHeritage allows customers to upload profiles produced by other companies into its database, this “digital signature” idea would need buy in from other firms. The three largest — 23andMe, Ancestry, and Family Tree DNA — declined to comment on Erlich’s proposal. “We don't have enough information on the solution proposed by the researchers to evaluate it at this point,” 23andMe spokesperson Andy Kill told BuzzFeed News by email. GEDmatch, meanwhile, modified its terms of service after the Golden State Killer case was solved to warn users that their profiles could be searched “by third parties such as law enforcement agencies to identify the perpetrator of a crime, or to identify remains.” f cops also had access to the technology, a digital signature scheme could in theory allow GEDmatch to distinguish between criminal investigations, which it allows, and nefarious use by other people to breach people’s privacy, for example by “outing” research volunteers. 81 FBI(19-cv-1977)-94 GEDmatch co-founder Curtis Rogers told BuzzFeed News by email that the digital signatures idea “merits serious consideration.” He added: “We at GEDmatch are very concerned about the proper use of genealogical information.” Paul Holes, a retired investigator with the Contra Costa County District Attorney’s Office who led the team that snared the Golden State Killer, said that cops would be concerned about any privacy controls that might reveal their investigative activities. “There’s a reason why we did not communicate with GEDmatch about the Golden State Killer case,” Holes told BuzzFeed News. “If we had a leak, you have a very dangerous offender who potentially could decide to skip town, or take a hostage.” Erlich’s calculations also show that genetic genealogy involves some racial biases that run counter to ways in which criminal investigations often play out. Because black Americans are disproportionately arrested and imprisoned, their profiles are over­ represented in police DNA databases. This makes it more likely that a match will be found to a crime-scene sample for a black suspect. But GEDmatch and other genealogy databases contain a disproportionate number of profiles from white Americans. Erlich and his colleagues found that people with a mainly North European ancestry were 30% more likely to have a third-cousin or closer in MyHeritage’s database than someone whose ancestry is largely African. This means that white suspects would be easier to find using genealogical methods. Already, police are looking at the success of using genetic genealogy on decades-old cold cases and realizing that the same methods can be used in current investigations. In July, Moore and Parabon used the approach to identify 31-year-old Spencer Glen Monnett as the suspect in the rape o f a 79-vear-old woman in St. George, Utah, that happened in April of this year. “ A lot of forward-thinking investigators are thinking, ‘Why not get this guy off the streets now?”’ Ellen Greytak, Parabon’s director of bioinformatics, told BuzzFeed News. READ MORE The Golden State Killer Who Terrified California Has Been Arrested, Officials SayTasneem Nashrulla ■Apr. 25, 2018 Cops Forced A Company To Share A Customer’s Identity For The Golden State Killer Investigation Peter Aldhous ■May 1,2018 DNA Data From 100 Crime Scenes Has Been Uploaded To A Genealogy Website — Just Like The Golden State KillerPeter Aldhous ■May 17, 2018 82 FBI(19-cv- This message contains T:nnlJ !<■ 111 i ITT i11H 11 in 11 i m and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 1 83 FBI(19-cv-1977)-96 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Thursday, October 11, 2018 1:14 PM Kramer, Stephen S. (LA) (FBI) Fwd: Latest article @BuzzFeedNews on forensic genetic genealogy fyi Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: Subject: Latest article (egtsuzzi-eeciNews on Torensic genetic genealogy Date: October 11.2018 at 1:22:19 PM CDT_______ Dear all. b6 - 3 b7C - 3 Thanks for your help in reporting this piece and previous articles. I've also pasted the new piece below my signature. As always, do keep me informed o f future developments. Best wishes, tell cell: 84 FBI(19-cv-1977)-97 The Method That Snared The Golden State Killer Could Find More Than Half Of Americans From Their DNA, Scientists Say The researchers want genetic testing companies to “sign” the DNA profiles they produce with a secure code — limiting access to databases by cops. M ore than h a lf o f Am ericans could be identified from just a sam ple o f their D N A and som e sleuthing in public genealogy databases — using m ethods similar to those used by cops to catch the G olden State K iller. That’s the conclusion o f a n ew study looking at a database o f 1.28 m illion D N A profiles held by the com pany M yHeritage, based in Israel. A bout h a lf o f the U S population — 60% o f those with w hite European ancestry — have a third cousin or closer relative in the database, the researchers calculated. That means it w ould be relatively easy, they say, for investigators to match a D N A sample left at a crime scene to som eone in the database, then use Census records and other genealogy tools to construct fam ily trees that lead to the culprit. As more people upload their DNA profiles to genealogy databases, it will only get easier to identify suspects from partial matches to crime-scene DNA. And Yaniv Erlich of Columbia University in New York, who led the research, expects that genealogists will become more skilled at tracking down their quarries. “I also think that the methods and the tactics will get better and better,” said Erlich, who is chief science officer with MyHeritage. “People will find different tricks.” Erlich’s results are broadly similar to earlier back-of-the-envelope calculations made by geneticists Graham Coop and Michael Edge of the University of California, Davis, for GEDm atch, a database that contains the DNA profiles of about a million people and was used to help identify the Golden State Killer. But the genealogist who has already cracked a dozen similar cases using GEDmatch told BuzzFeed News that, in practice, it is harder to identify suspects than the researchers assume. “It’s very difficult, because every case has unique challenges to overcome,” said CeCe Moore, who is working w ith the com pany Parabon NanoLabs to help cops solve cold-case murders and rapes. 85 FBI(19-cv- Identifying someone from a partial match between their DNA means building family trees that might link a third-cousin, for example, to the target. Because family trees contain many branches, it is laborious work. And complications such as adoptions, misunderstandings over who is actually the biological father of a child, or recent immigration from countries that don’t have reliable records of family history can make it impossible to make an identification, Moore said. Still, in some cases, a target can be identified in just a few hours. In their research paper, published today in S cien ce. Erlich and his colleagues described how they uploaded to GEDmatch the DNA profile of a woman who had previously donated her DNA for the 1000 Genom es Project, an international effort to study human genetic variation. The researchers found that they were able find her within a day by constructing family trees from her closest relatives in GEDmatch. In their paper, they say that this highlights a risk that people who donated their DNA anonymously for medical research could have their identities exposed. “The fact that you can do it in a day is fairly revealing,” Edge told BuzzFeed News. Erlich and his colleagues have a suggestion to protect people’s privacy in the new era of forensic genetic genealogy: They want companies providing genetic tests to apply a secure digital signature to each DNA profile they generate. These digital signatures could then be used to limit the use of genetic genealogy by cops — and anyone else who might want to try and identify someone from a DNA profile. MyHeritage, like most genetic testing companies, opposes the use of its database by law enforcement w ithout a court order. However, because MyHeritage allows customers to upload profiles produced by other companies into its database, this “digital signature” idea would need buy in from other firms. The three largest — 23andMe, Ancestry, and Family Tree DNA — declined to comment on Erlich’s proposal. “We don't have enough information on the solution proposed by the researchers to evaluate it at this point,” 23andMe spokesperson Andy Kill told BuzzFeed News by email. GEDmatch, meanwhile, m odified its terms o f service after the Golden State Killer case was solved to warn users that their profiles could be searched “by third parties such as law enforcement agencies to identify the perpetrator of a crime, or to identify remains.” f cops also had access to the technology, a digital signature schem e could in theory allow GEDmatch to distinguish betw een criminal investigations, w hich it allow s, and nefarious 86 FBI(19-cv- use by other people to breach p eo p le’s privacy, for exam ple by “outing” research volunteers. GEDmatch co-founder Curtis Rogers told B uzzFeed N ew s by em ail that the digital signatures idea “merits serious consideration.” H e added: “W e at GEDmatch are very concerned about the proper use o f genealogical information.” Paul H oles, a retired investigator with the Contra Costa County District Attorney’s O ffice who led the team that snared the G olden State Killer, said that cops w ould be concerned about any privacy controls that m ight reveal their investigative activities. “There’s a reason w h y w e did not com m unicate with GEDmatch about the Golden State Killer case,” H oles told B uzzFeed N ew s. “I f w e had a leak, you have a very dangerous offender w ho potentially could decide to skip town, or take a hostage.” Erlich’s calculations also show that genetic genealogy involves som e racial biases that run counter to w ays in w hich criminal investigations often play out. Because black Americans are disproportionately arrested and imprisoned, their profiles are over­ represented in police D N A databases. This makes it more likely that a match w ill be found to a crim e-scene sam ple for a black suspect. But GEDmatch and other genealogy databases contain a disproportionate number o f profiles from w hite Am ericans. Erlich and his colleagues found that people with a m ainly North European ancestry were 30% more likely to have a third-cousin or closer in M yH eritage’s database than som eone w hose ancestry is largely African. This means that white suspects w ould be easier to find using genealogical methods. Already, police are looking at the success o f using genetic genealogy on decades-old cold cases and realizing that the sam e m ethods can be used in current investigations. In July, M oore and Parabon used the approach to identify 31 -year-old Spencer Glen Monnett as the suspect in the rape o f a 79-year-old w om an in St. George, Utah, that happened in April o f this year. “A lot o f forward-thinking investigators are thinking, ‘W hy not get this guy o ff the streets n ow ?”’ Ellen Greytak, Parabon’s director o f bioinform atics, told B uzzFeed N ew s. READ MORE • • • The Golden State Killer Who Terrified California Has Been Arrested, Officials SayTasneem Nashrulla ■Apr. 25, 2018 Cops Forced A Company To Share A Customer’s Identity For The Golden State Killer InvestigationPeter Aldhous • May 1,2018 DNA Data From 100 Crime Scenes Has Been Uploaded To A Genealogy Website — Just Like The Golden State KillerPeter Aldhous ■May 17, 2018 87 FBI(19-cv-1977)-100 This message contains r.nngft»BCT 3 T informati on and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 88 FBI(19-cv-1977)-101 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Attachments: Bennett Greenspan Wednesday, August 01, 2018 2:35 PM Kramer, Stephen S. (LA) (FBI) Price nunte_____________________________ b4 - 1 b7E - 1 This message contains information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 89 FBI(19-cv-1977)-102 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Kramer, Stephen S. (LA) (FBI) Tuesday, July 31, 2018 7:39 PM Bennett Greenspan Re: [dna] DNA Testing Companies Offering Genetic Testing Pledged to Follow Voluntary Guidelines I can't speak for other law enforcement agencies and I would not confirm or deny the assistance o f any company or person. That being said, and as most people know from their subscription notices, Ancestrydna and 23andme do not publicly accept third party uploads. -------- Original m essage--------From: Bennett Greenspan Date: 7/31/18 6:33 PM (GMT-08:001____________________ To: "Kramer, Stephen S. (LA) (FBI)' Subject: Fwd: [dna] DNA Testing Companies Offering Genetic Testing Pledged to Follow Voluntary Guidelines Is this Accurate? Is everything coming from the cooperation o f ftdna/gedcom/myheritage and nothing from 23andme and or Ancestry? Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: Subject: [dna] DNA Testing Companies Offering Genetic Testing Pledged to Follow Voluntary Guidelines Date: July 31, 2018 at 6:29:50 PM CDT To: "DNA Testing" ___ Reply-To: b6 - 3 b7C - 3 In light o f the recent familial DNA testing by the public DNA site GEDMatch, private genetic testing companies pledged on July 31 to follow voluntary "Privacy Best Practices for Consumer Genetic Testing Services". The 90 FBI(19-cv-1977)-103 companies pledged to obtain consent from users before sharing "individual-level information", including personal information, and genetic data with other businesses. The concern over privacy o f the DNA data, which resulted in the "Best Practices" pledge stems from law enforcement being helped by using the familial DNA matching to find the suspected Golden State Killer (he has not yet been convicted so I am saying suspected) which did not require a court-ordered warrant and other potential cold case criminals. Issues addressed in the Best Practices are transparency, consent, use and onward transfer, access, integrity, retention and deletion, accountability, security, privacy by Design and consumer Education. Ancestry and 23andMe have committed to "attempt to notify" their customers about law enforcement requests whenever they can (other companies may also have made a similar pledge but they were not mentioned in the article.) In 2017, Ancestry received 34 valid law enforcement requests -related to credit card or identity theft and provided data on 31 cases. The Washington Post reports that 23and Me received five requests during the company's entire history but did not turn over user data on any o f them. The companies will also provide an annual report that will relate the number o f requests received from the police similar to what social media companies report. The companies which released the guide include: 23andMe,Ancestry, Habit, African Ancestry, FamilyTree DNA, Helix and MyHeritage*. The Future o f Privacy Forum, a Washington DC-based non-profit helped the companies draft the new privacy guidelines. To read the guide see: https://fpf.org/wp-content/uploads/2018/07/Privacv-Best-Practices-for-Consumer-GeneticTesting-Services-FINAL.pdf * More companies may have pledged to adopt the approach but I was not able to find one complete list. To read more about this see: https://www.washingtonpost.com/technology/2018/07/31/ancestry-andme-others-say-they-willfollow-these-rules-when-giving-dna-data-businesses-or-police/?utm_term=. 19218fl c9352 Jan Meisels Allen Chairperson, IAJGS Public Records Access Monitoring Committee IAJGS Conference in Warsaw registration: Workshop, SIG Luncheons, and Banquet reservations are all open for registration now on the conference website. Don't miss the first IAJGS International Conference on Jewish Genealogy to be held in Eastern Europe and our 38th overall! The Warsaw, Poland Hilton Hotel & Conference Center will be the base for lectures, panels, networking, and historic excursions and a unique Resource Village! 91 FBI(19-cv-1977)-104 Mark your calendar for 5-10 August 2018 and visit iajgs2018.org for details. Watch JewishGen's video - click here: http://www.youtube.com/watch?v=nASSn4rDXh4 Visit our home page at http://www.jewishgen.org/dna/ This discussion group, dna@lyris.jewishgen.org, is part o f JewishGen, the Home o f Jewish Genealogy Please check the DNA FAQ at http://www.familytreedna.com/faq/answers.aspx?id=l 8 There, you will find many questions already answered You are currently subscribed to dna as: [bcg@familytreedna.com] To change the format o f our mailings, to stop/resume delivery (vacation), or to unsubscribe, please go to http://www.jewishgen.org/listserv This message contains confTa&wdrf^l information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 92 FBI(19-cv-1977)-105 Kramer, Stephen S. (LA) (FBI) From: Sent: To: Subject: Bennett Greenspan Tuesday, July 31, 2018 6:33 PM Kramer, Stephen S. (LA) (FBI) Fwd: [dna] DNA Testing Companies Offering Genetic Testing Pledged to Follow Voluntary Guidelines Is this Accurate? Is everything coming from the cooperation o f ftdna/gedcom/myheritage and nothing from 23andme and or Ancestry? Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" Begin forwarded message: From: Subject: dnaj u n a i estmg com panies uttering Genetic Testing Pledged to Follow Voluntary Guidelines Date: July 31,2018 at 6:29:50 PM CDT To: "DNA Testing" Tuesday, July 31, 2018 3:02 PM Kramer, Stephen S. (LA) (FBI) Re: DNA Labs Thx, Steve. I’ll send something back to you after i reveiw with my lab manager., Bennett Greenspan President FamilvT reeDNA.com “History Unearthed Daily" On Jul 31, 2018, at 1:22 PM, Kramer, Stephen S. (LA) (FBI b7E - 2 wrote: Bennett, Attached are the labs that are doing the DNA SNPs. Steve This message contains ini I T~ information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 96 FBI(19-cv-1977)-109