Tuesday, March 22, 2011


RFIDs present incredible possibilities.  There are many innovative RFID Companies applying cutting edge research.  RFIDs can potentially solve some world problems but they also present a potential privacy risk.  An emerging area of law focuses on RFID exclusively, RFID Law (1). 

RFID Laws are being legislated and challenged daily.  Potential uses of RFID may impede privacy.  Washington State has just barred "forced" or involuntary RFID implants, many RFID companies have actually applauded such law.  Meanwhile, Texas has just introduced legislation that every automobile sold in Texas will need to have an Asset and Information Tracking RFID implanted.  I think all parties realize this is just a first step and there are those who wish to force RFIDs and utilize them for overly aggressive tracking, and those who wish to apply RFID Software and hardware in a way that is more voluntary and value-adding in nature (for instance opting into relevant advertising, checking into Chipotle when you check out using NFC).

I propose it logically follows that there will be an increasing amount of legislation and contention in this area as RFIDs become more prevalent. This growing field presents an opportunity for attorneys with highly technical backgrounds as well as extensive privacy law, and constitutional law experience and/or education.

Citation Notes:

(1) I used the phrase RFID Law to refer to attorneys at law dealing with RFIDs issues, or legislation introduced dealing with RFIDs throughout this post.

  1. http://news.cnet.com/Tech-industry-attacks-state-anti-RFID-laws/2100-1028_3-6062985.html 
  2. http://en.wikipedia.org/wiki/Radio-frequency_identification
  3. http://odinrfid.com/rfid-location-based-applications
  4. http://www.sen.ca.gov/~newsen/schedules/files.htp
  5. http://www.wileyrein.com/publications.cfm?sp=articles&newsletter=4&id=1905

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