Editorial: RFID Legislation -- Protection or Pause Button?

Editorial: RFID Legislation -- Protection or Pause Button?
Monday, August 29, 2005 - AIM Global

The recently drafted "RFID" legislation in California is the latest attempt by some who would prefer to avoid concrete discussion on the pluses and minuses of using RFID and would simply ban the technology rather than understand it.

As many of our readers know, Radio Frequency Identification technology has been around for many years. Specific applications of RFID in security, toll collection, payment transactions, livestock management, manufacturing and many others have been installed with great success. In many cases the application of RFID has provided added security, efficiency, speed, convenience, or other benefits to the everyday consumer or business.

It is true that RFID, like any other technology, can be utilized in inappropriate ways but the key question is whether the recently proposed legislation protects anyone or just "hits the pause button" on the needed discussions that can guide society on how this technology can and should be used?

Indeed, these are exciting times for the development of Radio Frequency Identification technology. As the industry has grown and the technology has matured a new world of standards based, supply chain adoption is becoming a reality as organizations such as Metro, Wal-Mart, Tesco, and the U.S. Department of Defense (DoD) have led the way. Thankfully there are many thought leaders pouring countless energy and resources into further developing RFID technology to make it better, faster and less expensive. In this dynamic environment some California legislators see potential dangers and misuses and would prefer an outright moratorium on its use for driver licenses, identification cards, library cards, health insurance and health benefit cards, or K-12 student identification cards.

In fact, the public opposition to "RFID" grew out of the issuance of elementary school ID cards that boldly displayed the student's name and photo. It was the prominence of the child's name and photo that initially prompted parents to object to the new cards as a threat to their children's safety. RFID only later became an issue to further combat the issuance of these ID cards. As our Web Survey results clearly show, much of the concern over RFID-enabled ID cards relates to who has access to and control of the data that could be collected from these cards -- not to the technology itself.

While the first part of California State Bill (SB) 682 offers some worthwhile guidance on the type, management and protection of the data contained on a contactless identification card, it goes on to disallow the application of the technology in four broad areas for the next three years. Most of these areas have not even considered RFID as part of their identification cards, yet legislation would not allow them to even consider the opportunities and challenges that RFID could present.

Legislation such as CA SB 682/768 will effectively place a "moratorium" on the educated dialogue that is needed to formulate the guidance and best practices where the technology can offer citizen and business benefit and privacy protection.

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Breaking News: CA State Legislation Update
The California bill (SB 682) that would prohibit use of RFID transponders in any state-issued document, except as noted in the bill, has been held in the Assembly Appropriation Committee and made a two-year bill. The bill cannot be brought up again until January.
RFID Cards & Security Poll
The last Web Poll on the AIM Global and RFID.org websites asked visitors their views on potential privacy threats posed by RFID-enabled ID cards. The response was overwhelmingly negative -- only 31% felt they posed little risk -- but the comments are more telling than the results.