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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Beijing tries to read mixed U.S. signals in Korea diplomacy By John W. Lewis

For the past year China has led the quest for a negotiated solution to the Korean nuclear crisis. It facilitated and hosted three-way talks with the United States and North Korea a year ago this week and two sessions of the six-party talks (adding South Korea, Japan and Russia) in August and February. Its officials crisscrossed the globe to explore potential areas of common interest and compromise and this week hosted North Korean leader Kim Jong Il to explore options for the beleaguered Korean Peninsula. Yet, in each of the formal talks, the Chinese have been discouraged by the minimal results. They are now questioning U.S. intentions toward Korea and, in the longer term, toward China.

Beijing considers the unchecked expansion of North Korea's nuclear weapons to be a real possibility, and its reasoning starts with the record of U.S. policies toward nuclear proliferation. That record, the Chinese argue, is mixed and often contradictory. As a result, China worries that Washington might continue to tolerate the program so long as Pyongyang did not cross key red lines, such as the transfer of nuclear materials to terrorists.

Whatever Beijing's past position on nuclear matters, many senior Chinese now regard nuclear weapons on their border to be a direct threat to their national security and suspect Washington of downplaying that danger. For them, it is no great leap to the conclusion that the unfettered growth of the Korean program might embolden others in Asia, including Taiwan, to acquire nuclear weapons despite verbal opposition from Washington. Beijing's leaders can easily imagine how that nightmarish turn of events would undermine the nation's drive toward modernization and end strategic cooperation with the United States.

Despite the fact that all parties at the six-party meeting in February endorsed the dismantling of the North's nuclear weapons program, the Chinese fear that the talks may be dead in the water. Following that meeting, they began to debate other ways to resolve the crisis. They had already reorganized the leadership team responsible for North Korean affairs, and that team had begun acting to prevent the worst case, including offering further inducements to Kim Jong Il this week. Whereas last fall the talk of deepening U.S.-China cooperation on Korea pervaded the news, now, especially after Vice President Dick Cheney's uncompromising stand on Korea and Taiwan last week, the reverse is occurring.

What China can do in these circumstances is quite limited. Its influence on North Korea is largely determined by what the United States does or doesn't do. By refusing to negotiate on a staged process leading to the eventual dismantlement of Pyongyang's nuclear weapons, Washington has tacitly allowed the North's program to proceed. It has rejected proposals for a temporary freeze, technical talks and any interim steps short of the unconditional and complete ending of the program. The result is virtual paralysis.

Beijing has been able to work with North Korea only when it could find areas of potential compromise between Washington and Pyongyang. It cannot or will not act

alone to exert pressure because this would jeopardize its influence on the North. Contrary to a widely circulated story, Beijing did not cut off energy shipments to North Korea for three days in 2003. Beijing would not take such a counterproductive action when its main influence with the North lies in the kind of quiet diplomacy being practiced this week with Kim Jong Il.

Many in Beijing are beginning to question whether there might be a more promising approach with Pyongyang. Should the Chinese, South Koreans and Russians conclude that making progress toward the common goal of the North's complete nuclear disarmament is out of reach, for example, they reluctantly might translate their joint offer of aid in February into a quid pro quo for a partial agreement, such as a limited freeze, that would allow the situation to stabilize. China could worry that such an independent action could endanger the common front with Washington. At the same time, it could calculate that the United States would be sufficiently pleased with any solution that halted the North Korean nuclear program.

None of these developments may come to pass, of course, but who could have imagined a year ago that Washington would have permitted the situation to deteriorate to the present point?

Stephen Stedman, senior fellow at the Stanford Institute for International Studies (SIIS), has been appointed research director for the United Nations' new High-Level Panel on Threats, Challenges and Change. Stedman will leave for New York City next month for the remainder of the academic year.

On Nov. 4, U.N. Secretary General Kofi Annan appointed Stedman and 16 members of the blue-ribbon commission, which is chaired by Thailand's former Prime Minister Anand Panyarachun. The panel is charged with examining current global threats and analyzing future challenges to international peace and security. The group will not formulate policies on specific issues or on the United Nations' role in specific places, but it will advise the organization on reforms necessary to cope with emerging challenges. The panel will complete a 10,000- to 15,000-word report by late next year.

Stedman, a senior fellow at the Center for International Security and Cooperation (CISAC) at SIIS, has served as a consultant to the United Nations on issues of peacekeeping in civil war, light weapons proliferation and conflict in Africa, and preventive diplomacy. His most recent co-authored publications include Ending Civil Wars: The Implementation of Peace Agreements (2002) and Refugee Manipulation: War, Politics and the Abuse of Human Suffering (2003).

Asked about the genesis of his new appointment, Stedman said he has developed relations with a set of people at the United Nations during the last six years. "A lot of the work I've done has had resonance in the U.N.," he said. "Policymakers read it and they understand I have sympathy for people who have to make tough decisions."

CISAC co-director Scott Sagan said the appointment is a "great tribute to the quality and policy relevance of the work that Steve has done over his career."

Stedman said his biggest challenge will be producing a report "that is both hard-hitting and has the potential for leading to change. There is a general sense within the U.N. that, basically, the effectiveness and legitimacy of the organization has been called into account. When Kofi Annan announced his intention to create the panel, he declared that the U.N. was at a crossroads where it needed to rethink how it can effectively provide collective security in today's world."

In addition to Panyarachun, the panel members include such international policy figures as former Norwegian Prime Minister Gro Harlem Brundtland; former Australian Minister of Foreign Affairs Gareth Evans; former U.N. High Commissioner for Refugees Sadako Ogata of Japan; former Russian Prime Minister Yevgeny Primakov; and retired U.S. Lt. Gen. Brent Scowcroft, former national security adviser.

There are "no good options" for the United States to confront or contain North Korea's nuclear weapons proliferation, according to political science Professor Scott Sagan.

Sagan, who is also a senior fellow at the Stanford Institute for International Studies, was one of five foreign policy experts who joined a panel discussion Friday titled "It's a Mad, Mad World: Prospects for Security, Diplomacy and Peace on the Korean Peninsula." Presented by the Law School, the event took place in Dinkelspiel Auditorium as part of Reunion Homecoming Weekend.

Panelists Mi-Hyung Kim, Bernard S. Black, Gi-Wook Shin and Scott D. Sagan took turns weighing in on the difficulties of U.S. diplomatic relations with North Korea during a law school-sponsored discussion. Photo: L.A. Cicero

What makes the situation even more vexing is that the objectives of neither North Korea nor the United States are entirely clear, said law Associate Professor Allen Weiner, a former State Department lawyer and diplomat who moderated the panel.

"Is the United States intent on a regime change? Or putting the nuclear genie back in the bottle?" Weiner asked.

"North Korea feels threatened by the United States and believes nuclear weapons are the only way to protect its national sovereignty," said sociology Associate Professor Gi-Wook Shin, director of the Korean Studies Program in the Asia/Pacific Research Center.

The talk came one day after North Korea announced that it is prepared to "physically unveil" its nuclear program. By Sunday, President George W. Bush announced that he would provide written assurances not to attack North Korea if the country takes steps to halt its proliferation and if other Asian leaders signed, too. Bush, who counted North Korea as part of an "axis of evil," stopped short of offering a formal, Senate-approved nonaggression treaty.

Earlier this month, North Korea claimed to have finished reprocessing 8,000 spent fuel rods to produce enough weapons-grade plutonium to build a half-dozen nuclear bombs. Faced with a collapsed economy and the legacy of 1.5 million deaths from starvation in the late 1990s, the North Korean government, led by Kim Jong Il, has overtly threatened to use its small arsenal as deterrence against U.S. aggression. Although it has been difficult to verify North Korea's capabilities, international experts have asserted that its main nuclear facility in Yongbyon could produce one or two bombs a year.

Tension first heated up last October when North Korea admitted to having abandoned the 1994 Framework Agreement brokered by the Clinton administration to shut down its nuclear reprocessing facilities.

Confirming U.S. intelligence reports that North Korea possesses nuclear weapons capabilities, the former director of the CIA under the Clinton administration, Jim Woolsey, said from the audience that in 1994 the CIA was confident North Korea had enough plutonium to make one or two bombs. Estimating that its current capabilities hover somewhere around six bombs, Woolsey explained North Korea doesn't have good delivery technology. The greater concern, he said, is that it would produce enough plutonium to sell to al-Qaida.

The amount of plutonium it takes to build a bomb is the "size of a grapefruit" -- making it difficult to monitor and stop weapons material shipments, Sagan said.

Believing North Korea is posturing for economic aid and bilateral security guarantees, the United States has sidestepped direct talks and instead joined South Korea, China, Japan and Russia in a round of six-party talks with North Korea last August. Bush's announcement is seen as an effort to jump-start the next round of regional talks that were expected by the end of the year.

The crisis has taken its toll on the longstanding alliance between the United States and South Korea. Panelist Mi-Hyung Kim, a founding member of South Korea's Millennium Democratic Party and general counsel and executive vice president of the Kumho Business Group, the ninth largest Korean conglomerate, said the relationship between the United States and South Korea is the "rockiest" it has ever been because of "Bush's hard-line policy on North Korea" and the fact that wartime control of the South Korean military reverts to U.S. hands. Bilateral talks would further alienate South Korea, which fears that Seoul will become a "sea of fire," she said.

"South Korea thinks Bush is a bigger threat than nuclear weapons 35 miles to the north," Kim explained, pointing out that South Korea will bear the brunt of a military conflict. "South Korea wants to avoid war and economic burdens it can't afford," she said.

Part of the problem has been the failure of the United States to explain its policy to the South Korean people. "The United States is bad at selling its policies to publics abroad," Weiner noted. We're used to dealing bilaterally with government officials; public diplomacy is a skill we've had to learn over the past 15 years."

"A PR campaign by the United States is not going to solve this," Kim countered.

"If North Korea collapses, how will South Korea survive?" asked law Professor Bernard Black, a panelist who served as an economic policy adviser to the South Korean government. "South Korea would have to devote 30 percent of its GDP to bring North Korea up to its standard of living and that's not sustainable.

"South Korea has lived under North Korean guns for the last 50 years. North Korea can destroy Seoul at any time. South Koreans are saying, 'What's changed?' The last thing South Korea wants is to provoke North Korea to attack."

China, North Korea's closest ally, may have the most leverage through trade sanctions and has a vested interest in halting regional proliferation, Kim said. "China does not need another nuclear neighbor. ... It has enough problems with India and Pakistan." North Korea's proliferation could lead to a nuclear Japan, South Korea and "its worst fear, a nuclear Taiwan."

Predicting that nothing would come of the next round of talks until after the next U.S. presidential election, Kim said ironically, "North Korea is expecting a regime change in the United States to an administration that is more reasonable."

"North Korea is not a crazy rogue state but a dangerously desperate state," said Sagan. "When you play poker with someone who's cheated in the past, you can expect them to cheat again."