RFID Privacy: Remarks Of Senator Patrick Leahy... The Dawn of Micro Monitoring: It's Promise, And Its Challenges To Privacy And Security

From the Conference On “Video Surveillance: Legal And Technological Challenges” at Georgetown University Law Center... And one of the most dramatic and dazzling new challenges we all will be facing soon is the emergence of a relatively new, surveillance-related technology called radio frequency identification -- R–F–I–D for short. RFID tags are tiny computer chips that can be attached to physical items in order to provide identification and tracking by radio. Their potential invasiveness is obvious from their size, which, as shown in this picture, already is surprisingly small. And they will only get smaller.

In their basic function, RFID chips are like barcodes, which by now are ubiquitous in our stores and offices and crime labs and manufacturing plants. But RFID chips are like supercharged barcodes – barcodes on steroids, if you will. They are so small they can be tagged onto almost any object. They do not have to be in open view; RFID receivers just have to be within the vicinity – at a security checkpoint, in a doorway, inside a mailbox, atop a traffic light. And RFID chips can carry a lot more information than barcodes. Some versions are recordable so that they can carry along the object's entire history.

RFID chips are more powerful than today’s video surveillance technology. RFIDs are more reliable, they are 100 percent automatic, and they are likely to become more pervasive because they are significantly less expensive, and there are many business advantages to using them. RFIDs seem poised to become the catalyst that will launch the age of micro-monitoring...

Leading retailers like Wal-Mart and Target – as well as the Department of Defense -- are requiring its use by suppliers for inventory control. Fifty million pets around the world have embedded RFID chips. Of course, many of us already have experience with simpler versions of the technology in “smart tags” at toll booths and “speed passes” at gas stations. But this is just the beginning. RFID technology is on the brink of widespread applications in manufacturing, distribution, retail, healthcare, safety, security, law enforcement, intellectual property protection and many other areas, including mundane applications like keeping track of personal possessions. Some visionaries imagine, quote, “an internet of objects” – a world in which billions of objects will report their location, identity, and history over wireless connections.

... Other powerful new technologies are on the horizon, like sensor technology and nanotechnology. All the more reason to think about these issues broadly and to establish guiding principles serving the twin goals of fostering useful technologies while keeping them from overtaking our civil liberties. With RFID technology as with many other surveillance technologies, we need to consider how it will be used, and will it be effective. What information will it gather, and how long will that data be kept? Who will have access to those data banks, and under what checks-and-balances? Will the public have appropriate notice, opportunity to consent and due process in the case mistakes are made? How will the data be secured from theft, negligence and abuse, and how will accuracy be ensured? In what cases should law enforcement agencies be able to use this information, and what safeguards should apply? There should be a general presumption that Americans can know when their personal information is collected, and to see, check and correct any errors ...

Patrick Leahy of Burlington was elected to the United States Senate in 1974 and remains the only Democrat elected to this office from Vermont. He was also the youngest Senator (34) elected from the Green Mountain State and is now serving his fifth term. Contact Senator Leahy at senator_leahy@leahy.senate.gov