&gt; So my question is what leg does the EFF stand on when making this complaint?<p>The honorable Carol Yaggy, trial judge for the superior court of San Francisco. 
<a href="http:&#x2F;&#x2F;www.courts.ca.gov&#x2F;opinions&#x2F;revpub&#x2F;A125542M.PDF" rel="nofollow">http:&#x2F;&#x2F;www.courts.ca.gov&#x2F;opinions&#x2F;revpub&#x2F;A125542M.PDF</a><p>If indeed DNA is being collected at birth, without consent, the EFF would have similar grounds to object to that.  If an act is against the law, it doesn&#x27;t matter that the state is breaking that same law in another instance.  Breaking the law twice doesn&#x27;t validate it, or, as my first grade teacher Mrs. Thompson might have said, two wrongs don&#x27;t make a right.