Periodically here at the Show-Me Institute, we like to look through the rolls of
pending bills in the Missouri General Assembly and offer insightful, balanced
commentary about select pieces of legislation. Granted, sometimes these insights
turn into week-long rants about milk, ice cream cones, or beer, but more often than
not they can lead to thoughts about issues such as this: Senate Bill
786.
SB 786, properly known as the RFID Right to Know Act of
2008, is a bill introduced by Sen. Maida Coleman that seeks to require that
every item sold in Missouri containing a Radio Frequency Identification chip be
conspicuously labeled as such. This bill has been introduced in various forms
twice before, but its failure to pass is in no way indicative of its value as an
article of legislation. If nothing else, the time that has passed since the
bill’s first introduction in 2006 has made it more relevant.
RFID chips,
for the technologically disinclined, are tiny devices that consist of a
combination of electronic circuitry and a tiny antenna. RFID chips have long
been used as security devices in bookstores and libraries, but the continual
march of technology (as well as Moore’s Law) have made the chips smaller and the
circuitry better to the point where RFID chips are now being used in tag form in
supply chain management, as a replacement for UPC barcodes, and in implantable
form in veterinary medicine, as a method to identify stray pets. Use of these
implantable chips, in particular, seems to be growing the fastest, as a number of
companies have begun to use them for security identification, and some high-end
nightclubs are using them to allow VIPs to pay for drinks with a wave of the
arm.
While such convenience may seem appealing, the privacy issues that
come along with RFID chips are considerable. Most of today’s chips are passive,
meaning that they will sit idle, hidden in a pair of jeans or a sweater, until a
radio signal activates them and triggers a response. The problem is that their
size makes them nearly impossible to find, and their passive nature (which is
not destroyed by a bout with the washing machine or dryer) makes them
susceptible to being activated again possibly while you’re walking down the
street.
This isn’t to say that RFID chips should be banned. Quite
the contrary they offer an enormous potential for consumers and advertisers
alike. However, if they are to be used effectively, bills like SB 786 would provide a valuable service to consumers, letting them know that the devices are embedded in their purchases. Such
identification allows customers to choose whether they would like to purchase the
item, and gives them the knowledge they need to destroy the chips if they wish
(as a corollary, passage of this bill may drastically increase the number of
people who regularly microwave their clothing as such an action is an effective
method of disabling RFID tags).
Technology can open up some frightening
doors (and, apparently, can be seen by some as the "mark of the beast"), but if we act now
to account for it, we can assure that privacy and the other individual liberties
of citizens can be assured.