In addition to the call by C.A.S.P.I.A.N. to changes in a wide range of labeling and consumer protection laws (see http://www.spychips.com/press-releases/right-to-know-bill.html), another proposal for changes or enhancements to current federal legislation concerning RFID has emerged.  While it may not have the popular appeal for consumer privacy as C.A.S.P.I.A.N.'s proposal, it certainly addresses many of the concerns about possible "cracking" of RFID.

In a recent column, Reuven R. Levary, David Thompson, Kristen Kot and Julie Brothers examine existing federal and state laws on electronic eavesdropping as they relate to RFID.  This is certainly an interesting proposition.

Insofar as the majority of RFID tags will be disposed of after purchase, the overall threat of this is small.  However, concerns have been raised about the possibility of reading of RFID on prescription medications that a person might be carrying to, say, a job interview.  While it is unethical to read these, to date there is no actual prohibition against doing so.

Including RFID under electronic eavesdropping laws would make it a federal crime to covertly read RFID tags.  This would provide consumers with at least legal recourse in the event of "snooping."

More importantly, it would provide local law enforcement justification to prosecute anyone trying to "crack" or clone any RFID tag.  This could be a significant additional aspect to the development of RFID pedigree tags for pharmaceuticals.  Having a cloned RFID tag could, itself, be proof of criminal activity and provide sufficient evidence to secure search warrants or pursue further criminal investigations.