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Abstract

Investigative Genetic Genealogy ("IGG") has emerged as a groundbreaking

tool that law enforcement agencies across the United States

are using to solve their most notorious criminal cases. IGG has led to

remarkable outcomes, such as identifying unknown victims, solving

decades-old violent crimes, and exonerating the innocent. While IGG

has transformed criminal investigations for the better, the tool has

also sparked concerns with the public regarding its haphazard regulation

and its constitutional implications. Despite the tool being

widely used by law enforcement, it remains relatively unregulated,

which has raised concerns about potential misuse, as well as a lack

of transparency and accountability. While the U.S. Department of

Justice's interim policy and Wisconsin's adoption of these guidelines

provide some direction, significant gaps remain in law enforcement’s

use of IGG. This comment argues that Wisconsin should codify IGG

practices into state law to ensure its responsible and transparent use.

By enacting IGG legislation, Wisconsin can establish clear protocol

for law enforcement, address legal ambiguities regarding IGG, enhance

public trust, and ensure continued access to the tool. Analyzing

IGG legislation from other states, such as Utah, Montana, and

Maryland, this comment advocates for a balanced approach to IGG

regulation, promoting it as an effective crime-solving tool while also

safeguarding the public’s rights.

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