February 13, 2006

RFID: Banned In New Hampshire?

By DAVID SIMS

TMCnet CRM Alert Columnist

Trade journal Logistics Today, citing reports by AIM Global and the American Electronics Association, say legislation currently pending in California and New Hampshire could have a sweeping and negative effect on the use of radio frequency identification.

Of particular interest to both AIM Global and AeA, the publication says, "is New Hampshire legislation that describes 'tracking devices' as everything from E-Z Pass transponders to library cards."

The legislation, if passed, would require that no item “to which a tracking device or devices have been affixed or implanted, shall be sold or offered for sale or provided to a consumer without a label containing a universally accepted symbol.” (New Hampshire House Bill 203-FN, Chapter 358-S-2 I).

Of course, part of the problem is that aforesaid symbol does not exist in an accepted, standardized form. The EPC Global seal or the AIM RFID emblem are in widespread use, but critics say they have "limitations:" The EPC Global seal can be applied only to EPC-compliant tags and labels, and the AIM RFID emblem, which can be applied to any type of RFID device, is not yet universally accepted.

Legislation has reflected consumer and privacy advocates' concerns about the invasiveness and undetectability of RFID. More specific concerns have also been addressed with legislation, such as the Prescription Drug Marketing Act of 1988, which requires biotech and pharmaceutical manufacturers to prove they have processes in place to prevent the diversion of drugs.

In other words, they need to show they can trace a shipment's "chain of custody" at all stages, from manufacturing to delivery. This prompted some states to consider their own laws, due to increased drug counterfeiting.

In Florida legislation is scheduled in July 2006, and in January 2007 in California.

Interesting photo gallery of various folks in New Hampshire protesting "spychips," as anti-RFID activists call them, here.

Anti-RFID crusader Spychips.com reported a few days ago that two U.S. employees have been injected with RIFD microchips at their employer's request.

Cincinnati video surveillance company CityWatcher.com now requires employees to use VeriChip human implantable microchips to enter a secure data center, Network Administrator Khary Williams told Spychips.com's Liz McIntyre by phone. McIntyre, co-author of "Spychips: How Major Corporations and Government Plan to Track Your Every Move with RFID," contacted CityWatcher after it announced it had integrated the VeriChip VeriGuard product into its access control system.

The VeriChip is a glass encapsulated RFID tag that is injected into the flesh of the triceps area of the arm to uniquely number and identify individuals. The tag can be read through a person's clothing, silently and invisibly, by radio waves from a few inches away. The highly controversial device is being marketed as a way to access secure areas, link to medical records, and serve as a payment instrument when associated with a credit card.

David Sims is contributing editor for TMCnet. For more articles please visit David Sims' columnist page.