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Senator Leahy Calls for RFID Technology Hearings

securitas writes "Vermont Senator Patrick Leahy has called for congressional hearings into radio frequency identification (RFID) technology. The comments were made Mar. 23 to the Georgetown University Law Center's conference on video surveillance technology during a speech titled 'The Dawn of Micro Monitoring: Its Promise, And Its Challenges To Privacy And Security'. Leahy suggested that RFIDs may require federal regulation to ensure the public's privacy rights. Leahy is quoted as saying that the combination of RFIDs, sophisticated databases, networks and the Internet means that, 'We are on the verge of a revolution in micro-monitoring - the capability for the highly detailed, largely automatic, widespread surveillance of our daily lives.' He goes on to say that, 'We need clear communication about the goals, plans, and uses of the technology, so that we can think in advance about the best ways to encourage innovation, while conserving the public's right to privacy.' (Leahy's RFID speech transcript)"

29 of 218 comments (clear)

  1. RFID is good tech with great abuse potential by onyxruby · · Score: 5, Interesting

    RFID is good technology, with a lot of potential and a number of legitimate uses. Unfortunately it can also put big brother in your pocket, shoes, shirt and pants. If they could do just three key elements in a law I think it could flourish without privacy fears and diminished abuse potential.

    Only allow people to scan for RFID that match a white list of your own property or property in your care with your consent. Any reading not on a white list must be discarded. Once an item is sold it is no longer their property and must be removed from the white list - with todays pos tech this would be absurdly easy to implement. This would allow retailers and distribution centers to use it for their own logistical and loss prevention purposes. This would also keep people minding their own business - literaly.

    IF an RFID tag is on an item it should be prominently labeled, and be removable without destruction, devaluation or vandalism to the item that is attached to. For example, someone here asked a bit back, why not just cot off the tag? Answer - some clothing is now comes tagless.

    Make sure that warranties and returns do not require RFID tags in order to be upheld. Someone should not be required to keep an RFID tag on something valuable just because they may have to get warranty service on it someday. As more powerful readers (blackmarket /will/ produce them) come about, they would become a neon broadcast flag to theives.

    1. Re:RFID is good tech with great abuse potential by pinkUZI · · Score: 4, Interesting

      Isn't it true that most scenarios currently being considered by retailers involve removing/disabling the tags at checkout? If so, then how is this any more of a privacy concern than barcodes and credit card machines which are already in place?

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    2. Re:RFID is good tech with great abuse potential by cuban321 · · Score: 4, Insightful

      I agree. My worry is not so much monitoring as it is public safety. How do I know twenty years from now my girlfriends/SOs necklace/ring won't have an RFID tag in it saying what it is and how much it's worth. Some shady character comes along, uses his blackmarket scanner to figure out if she's worth mugging and then mugs her.

      I know it's a stretch, and I know most petty muggers won't have RFID scanners...

      Another example: What's to stop a car jacker from stealing my laptop out of my car while I get a drink or pay for my gas? If he knows it's there then he knows he'll get something more than a few CDs worth out of breaking into my car...

      Daniel

    3. Re:RFID is good tech with great abuse potential by onyxruby · · Score: 5, Interesting

      I have heard this, but then this is to be optional from what I understand. If the tag is destroyed at checkout, that's great. However until we get something requiring it, the public has to take it on faith, and I just don't trust the marketing types. Voluntary guidelines for retailers are just that - voluntary. Less scrupulous retailers will opt out, and thieves will take advantage. If it isn't in writing, codified as law, it's meaningless.

    4. Re:RFID is good tech with great abuse potential by plover · · Score: 4, Insightful
      Isn't it true that most scenarios currently being considered by retailers involve removing/disabling the tags at checkout?

      No, it's not true.

      Retailers are exploring the potential for returning items based on the RFID tag. That requires the tag to remain active while in the customer's possession.

      The benefits of using a durable tag are obvious: the retailer won't require a receipt for the return, as it can simply look up the history of the item, figure out how much you paid for it, and whether you paid cash, check or credit card, and return your money correctly.

      The drawbacks are unknown (or at least known only to some privacy wonks who are routinely lumped in with the tinfoil hat brigade,) and that's what Senator Leahy says he wants to explore. Right now, major U.S. retailers are looking to invest lots of money in RFID. Once that expensive infrastructure is in place, they will fight hard to keep it. Senator Leahy wants to make sure that these retailers start out with a long-term acceptable solution, rather than wage a battle later.

      I find myself mostly agreeing with the Senator Leahy on many issues. He's certainly the most tech-savvy Senator in the nation, and he appears "geek-friendly" in my eyes. I just wish he was the Senator from my state.

      --
      John
    5. Re: RFID is good tech with great abuse potential by GAVollink · · Score: 4, Interesting
      Check the last paragraph that you replied to there. I do believe that RFIDs will probably follow (and most likely include) UPC info. That's to say that if I'm looking for a wide-screen TV, I might just ping through your walls for it - check a UPC database for brands, and know what house to Target.

      Before a criminal would actually have to look through your window!

      Of course, there are much more important points as well. How embarrassing would it be if someone pinged RFIDs for medications or adult toys?

      This is stuff that could directly effect government people personally. Wait till the press get's hold of RFID codes for things that congressmen own? Imagine political camaigns run on, "Would you trust your vote in congress to someone who keeps 400 adult videos in his living room?

      Don't worry - Congress is just as suspicious of the Press as the Press is suspicious of Congress. RFID privacy laws will be passed - and probably appended to wire-tapping laws.

    6. Re:RFID is good tech with great abuse potential by sirdude · · Score: 4, Interesting

      Security/privacy concerns aside, I personally believe that RFID is another in a series of technologies that I term as "Frenetic and lazy tech". While I'm sure that there are many wonderful and groundbreaking practical uses (for e.g. in medicine etc.), once these technologies find their way into our daily lives, it's just going to be one more way for all of us to cut down on social interaction, exercise, etc. etc.

      With everybody in this generation expecting everything to be done "now, right now and right from where my arse is parked", RFID's aren't exactly going to help. Already, the current generation isn't one known for it's patience. I shudder to think what people in 30-40 years time are going to be like.

      As an aside, it would be interesting to see what positions (of employment) have pretty much completely disappeared in the last 40 years. Switchboard operators, "shoe-shiners" etc. and now it seems supermarket checkout staff as well..

    7. Re:RFID is good tech with great abuse potential by nomadic · · Score: 3, Funny

      I agree. My worry is not so much monitoring as it is public safety. How do I know twenty years from now my girlfriends/SOs necklace/ring won't have an RFID tag in it saying what it is and how much it's worth. Some shady character comes along, uses his blackmarket scanner to figure out if she's worth mugging and then mugs her.

      Or, even worse, she gets a blackmarket scanner and finds out that the necklace you bought her is really a cubic zirconium...

    8. Re:RFID is good tech with great abuse potential by whereiswaldo · · Score: 3, Interesting

      If it isn't in writing, codified as law, it's meaningless.

      I believe that codifying restrictions into law is only part of a solution. The technology itself needs to be produced so that breaking the law is very difficult. Otherwise, read up on "how to boil a frog".

      Examples:

      - make RFID tags biodegradable

      - make RFID tags readable only a certain number of times before they stop working

      On the law side, prohibit the correlation of RFID and any of a person's personal information. The tag should only be used for inventory purposes.

      Still, with such a powerful technology, accepting it at all makes me nervous. Accepting RFID with limitations is still the first step towards acceptance without limitations. Perhaps this the stage of "pacifying the public".

    9. Re:RFID is good tech with great abuse potential by VargrX · · Score: 3, Insightful

      so sayeth whereiswaldo:

      Examples:
      - make RFID tags biodegradable
      nice idea, but how do you embed the ciruitry into something that won't either a) think that the circuit is food, or b) evolve the biomass into something non-degradable by normal means?

      - make RFID tags readable only a certain number of times before they stop working
      this implie's a powersource that could concievably be larger/bulkier than the tag itself, adding circuitry for logic, et al.
      all in all, a more expensive proposition.

      Nice idea's, but, IMHO, I don't see either of these examples happening.

      --
      Sometimes people just have to learn and adapt to change, it is one of the requirements of being a living thing.
    10. Re: RFID is good tech with great abuse potential by GAVollink · · Score: 3, Insightful
      Such laws can only be enforced if the law prohibits selling items that include individually identifyable remote or proximity tracking capabilities without explicit labelling.

      Cell phones are trackable and individually identifyable. The law shouldn't prohibit sale of Cell Phones. What if you want to buy RFID tracking clothing for your children (lowjack for kids) - fine - but label the item as having said device. Where the device does not explitly depend on the tracking functionality, instructions on how to disable the functionality without damaging your product should be included. (Squeeze this location with a pliar until you hear a faint click, or snap).

      O.K. If Wal-Mart want's to sell every piece of merchanise with a permanant RFID tag included - fine, but label each and every item with a sticker or a hanging tag. (I believe their shotgun sales will drop through the floor pretty quick if they do).

      Basically, if you have a law that blanket says, that you can sell this without labelling, but can't USE the data - well then you've got a wiretap style law, that can't be enforced; RFID whitelists are too difficult to enfoce (it simply won't happen). It will become a private wiretap issue. Where this scenario, "We know the murderer was in the house, because we got an RFID reading from his sneakers , pants, shirt and underwear," becomes indamissable in court.

      If I record my phone calls, nothing can be done to enforce the laws against it - so long as I don't "directly use" those recordings. Same will be true for RFID data readings. Privacy issues will abound anyway - but if I'm buying stuff that can be tracked, let me know.

  2. There now. Don't you feel better? by Anonymous Coward · · Score: 3, Insightful

    He's calling for hearings. That means that the government is looking out for you. Right?

    Or is the government just making gestures so that you will feel better while, they don't really do anything at all? Sorta like airport security.

    Have you voted?

  3. I suggest (just to get this out of the way now) by Anonymous Coward · · Score: 4, Funny

    ... investing in companies that produce aluminum foil and copper mesh.

  4. I like RFID by USAPatriot · · Score: 4, Insightful
    I think the hysteria on slashdot over RFID is so overblown. This technology is just another technology that has good uses and bad uses.

    Most people don't particularly care that they can potentially be tracked with their purchases. It's already happening now, and the world hasn't come to an end. Bar codes and their scanners hasn't made life worse for anybody.

    It's funny to see slashdot, home of tech geeks turn into luddites over some things.

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    1. Re:I like RFID by Anonymous Coward · · Score: 5, Interesting
      It's funny to see slashdot, home of tech geeks turn into luddites over some things.
      And with good reason: the Luddites had a valid argument and were correct in their protest. The society they grew up in made them commit large amounts of their time to gaining expertise in a particular trade, so they were unemployable if that trade vanished. Therefore, in return for that, they expected reasonable treatmentwhen new technology was introduced - say, a pension scheme for people put out of work. Instead, all the profits were grabbed by the mill owners. Technology is not a panacea, and new technology always requires care and consideration in its use.
    2. Re:I like RFID by YanceyAI · · Score: 4, Insightful
      You're wrong. I consider myself an average American and I'm concerned about targeted marketing. I'm concerned about the advertising my child is exposed to, about the way McDonald's sucks our children in with bright colors and playgrounds so that I have to be the bad guy when I say "no", and the way television turns commercials into cartoons to suck in new consumers.

      I do not want marketers to know anything more than they already do about my online browsing habits, or worse, my personal hygene and dietary preferences,including what kind of cereal my three year old eats...

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    3. Re:I like RFID by Entrope · · Score: 4, Insightful

      I make most of my small ($100) purchases with cash. How do bar codes and scanners make me traceable for those? I do not have a bar code tattooed on my forehead, and most bar codes are on packaging, tags, or other things I do not keep with the item I buy. Once I remove the bar code, it becomes useless for tracking the item or me.

      RFID, on the other hand, works at range and without a direct line of sight. That is a major selling point for RFID over bar codes (the other would be that you don't need a particular orientation to receive the signal). When an RFID tag is embedded in clothes, I become much more traceable. If I am already wearing or carrying an active RFID tag, somebody can trace it back to find my identity without my permission or knowledge.

      Sure, you can argue that facial and gait recognition will make that inevitable anyway, but that technology is not ready yet and will not be practical until after RFID is deployed. RFID privacy regulations would set a precedent on how you can or cannot use other high tech means to interrogate someone's identity.

  5. Finally... by TopShelf · · Score: 3, Funny

    Wow, a congressional committee is now going to weigh in! In 5 or 10 years, I'm sure they'll have something interesting to say about today's situation...

    --
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  6. A real issue here by cluckshot · · Score: 3, Insightful

    This is a serious issue. The matter of someone being able to monitor everything people do will call into question all manner of legal issues and definitely needs thought before it is implemented.

    The issue of what this tech can be used for has so many deep and penetrating details. If RFID tags are in your purchace goods and you check out but they remain active as you drive down the road, can the police access the data without a search warrant? How about a marketing company checking all of the goods and seeing your travels etc. What do we do about Identity Theft here? There are so many issues that need looked into. Doubtless even if we try there are many more we have not even thought of yet.

    Civilized people are facing the choice between the individual becoming merely a tool or cog in the Commercial world of the Industrialists or if the Industrialists tools will work for the Individual. Making this decision out of ignorance is not wise.

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  7. Contradiction by Vindictive · · Score: 3, Insightful

    "We are on the verge of a revolution in micro-monitoring - the capability for the highly detailed, largely automatic, widespread surveillance of our daily lives." And in the next sentence says: "while conserving the public's right to privacy." If I know anything, it's that it can't be both ways...

  8. This one is easy by EmagGeek · · Score: 5, Insightful

    ALL RFID tags MUST be PERMANENTLY disabled BEFORE a purchased article leaves the premises of the place it was purchased.

    It would be a simple, one-sentence law that would solve the entire problem. Of course, our government would rather spend a billion dollars in pork barrel research grants in order to come to the same conclusion... I'm sure there's a Vermont think-tank that is pushing Sen. Leahy for this "investigation"

  9. distance by enkafan · · Score: 5, Insightful

    I still haven't figured out what the big deal about "tracking people's purchases" is all about. I really haven't looked into this much, but I understand that the things can't be read from more than 5 feet away. I mean, if the government is within 5ft of my refrigerator monitoring my pizza bites, I think I have much worse problems than being tracked.

  10. Public's privacy is gone; get rid of gov't/corp by egburr · · Score: 3, Interesting
    The public's (or individual's) privacy is already dead and long gone. What we need to do is mandate that all that information be open and free to everyone. Get rid of government and corporate privacy. If the governments and companies can obtain our data, we should be able to obtain theirs.

    If everyone can look up *anything* at all about *anyone*, there would probably be a lot less abuse than there is now. It's hard to blackmail someone when the information is already publically available, and when the victim could probably find something that the blackmailer wouldn't want called to the public's attention.

    As for identify theft, that's already a serious problem. We already need to find better ways to verify identity and authenticate authorization. Making all that personal data available to everyone probably won't cause an upswing in abuse; most of the people who would abuse having access to the data are already doing so.

    --

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  11. More irritating salesmen... by Anonymous Coward · · Score: 4, Interesting

    Imagine when companies begin logging other stores RFID information, to monitor what types of things people are buying... Most stores will begin carrying similar items to what they see rolling in the door from competitors. I see that has the potential to limit choice, stores don't want to inventory anything that's not "popular" on a nation wide basis.

    Now the salesmen will have another tool to bother you with. There is the possibility that they could monitor competitors products rolling in the door so they can come up and say, "So, what are you looking for today. I notice you bought that shirt at Dillard's, we have a similar item over here that's even better..."

    I'd prefer the shit be deactivated totally at the register when I pay for it.

    It is nice to see that some people in the government are paying attention to what's going on. I wonder what consumer rights group contributes to his campain. :D

  12. Retailers and RFID by jrsimmons · · Score: 5, Interesting

    I'm intrigued by the discussion surround RFID and retail. Most of the discussions I've seen surround concerns about retailers gathering too much information about their customers' buying habits. The other major concern commonly noted deals with third party tracking of the rfid device once it leaves the store. However, neither of these seem like valid concerns to me.

    The ability to track a customer's buying habits, most retailers have that ability now. Bar codes uniquely identify a product. Unless you pay with cash (or a gift card at some retailers), the retailer has access to your name and some corresponding number (checking account or credit/debit card number). Those can easily be stored, RFID is not needed to accomplish this type of information gathering. In fact, many retailers use loyalty programs so that they can track cash and gift card purchases as well as credit/check. All of this begs the question: Is this a bad thing? If more information about your buying habits brings you lower prices, are you willing for your retailer to have that information?

    As for tracking the RFID signals once they leave the store, I do not expect this to be a valid concern for long. For a retailer to use rfid on its products for anything other than loss prevention, it needs to be on every product. That means small and cheap, which in turn will drive the manufactures to make them with as low of a signal and as little storage capacity as possible to meet the retailer's needs. And, much like the security tags today, it is a simple thing to disable the tag once it has been scanned/read at the Point of Sale. This would even be preferable, therefore making it easy to scan for tags that are still active trying to make it out of the store (ie, shoplifted items).

    All this is not to say there are no privacy concerns here. However, I think too much attention is placed on the retail use of RFID and not enough the other potential uses. Can anyone imagine DL's with embedded RFID? How about the RFID tag in my employee badge? These are the areas that I see real potential for abuse. At a retail store, if you don't want to be tracked, just pay with cash and don't use loyalty. You're data falls into the "other" bucket. If you don't mind being tracked, use your credit card, get your airline miles, your loyalty discount, and save a bucks.

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  13. CA Bill by ViceClown · · Score: 3, Insightful

    There is a bill in California right now that sets out to address consumor privacy concerns. NPR also talked about this in the morning. I agree w/ poster #1 with the potential benefits of RFID and despite my liberal and consumer advocate leanings, I am in favor of them. Clearly, however, policy needs to be set for how they will function both in and out of stores/warehouses. Should they be deactivated when leaving a store? At first I thought yes, but then other potential uses are quashed. Suppose your refridgerator could give you an instant inventory? That kind of thing is something i'de like to have someday. A middle ground was proposed by RSA to have a bag that temporarily blocks RFID until you get home. I don't know how good that will work for all situations, though. Like it or not, RFID is coming. The benefits are just too great to ignore. The question is, how will it be regulated? Now is the time for consumers to lobby for legislation dictating how RFID can be used!

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  14. Yuh Huh by Greyfox · · Score: 4, Funny
    Kind of like the radiation from your monitor should disperse within a few feet and be unreadable to anyone. I bet the same black vans that are already following you around can read the tags just fine, and what will you do once they know your fashion sense?

    Agent 1: Reading target now. Oh... Oh my God... He's wearing a shirt from the gap and pants from Old Navy!
    Agent 2: That... son... of... a... BITCH!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  15. I'll take them on by Britz · · Score: 3, Interesting

    I've always said I don't mind RFID tags as long as there are no laws mandating them.

    I would probably choose to buy the product without a tag. And when I buy products that have them, I remove them.

    But what concerns me is a law (and I could see this happening) that forbids anyone to remove RFID tags. That would scare the crap out of me. But up until that point, I'll handle the tags myself.

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  16. Private information the fuel of MBA's. by sittingbull · · Score: 5, Interesting

    I wrote a paper last summer about environmental ethics and technology for a sociology graduate class. Environmental ethics and technology? What could be the connection? Our environment and how is becoming overrun with technology for technologies sake. RFID if a fine example of the slow building of a technological mountain that we will not notice until it is too late. The fact is that technology will enframe most people so that they do not notice it anymore -- MTV generation. For example, who remembers life with only 3-channels of UHF programming, or no condensation-trails from jets in the sky? Now there is a generation that knows only 100+ channels of programming. This will happen with RFID in the next 20-30 years and RFID will be everywhere. A new generation will be born that won't know, or care even if you tell them - generation gap.

    Most likely congress will ban RFID readers as a criminal device because people will be worried about criminals reading their homes/cars and corporations will worry about bad data being introduced into there systems, so no personal RFID readers/scramblers/decoders/whatever... -- these will be made illegal due to PRIVACY/BUSINESS concerns.

    Overall technology needs a gas tank to keep running: coal/gas to power the PC's; RFID and your stuff in a databse to fuel the MBA's !

    Even if RFID is only used on money you will still be tracked. The granularity of tracking is increasing at a scary pace - maybe there is a "moore's law" somewhere in here - so where will it end? Most currency in the world will use RFID and some say that there is a U.S. 20 bill that will be cirulating shortly using RFID - so bill #434566 withdrawn at bank #12 by Joe Smith and bill #434566 used to buy CD ABC at music store XYZ.

    Story on NPR today and it does seem that the people representing the privacy side are acting nervous and the business side is confident that they will have their way. And finally there is the relentless tide of consumers who don't give a crap and that is another possible way that RFID will become ubiquitous with a 10% discount coupon attached.

    Just some random notes on RFID.