 |
RADIO FREQUENCY IDENTIFICATION (RFID)
A GUIDE FOR POLICYMAKERS
An NCSL Fall Forum Pre-Conference Seminar
Chicago, Illinois, December 6-7, 2005 |
Session Date: December 7, 2005
Fall Forum Session Summary: Radio Frequency Identification – A Policymaker’s Guide : Closing Plenary
By Ricardo Ochoa
Intern, Legislative Information Services
This summary is provided for information purposes only. NCSL does not endorse any views it contains.
Chicago – At the Fall Forum Meeting of the National Conference of State Legislatures, the Closing Plenary Luncheon for the Radio Frequency Identification meetings focused on the policy issues and legislative strategies that apply to all RFID uses.
Richard Varn, a former Iowa state Senator, detailed a study of existing state laws that could apply to RFID technologies. He reported that in nearly all of the states examined there were already laws on the books that would apply, though in many cases this was qualified. Mr. Varn argued that states can more easily adapt existing laws to address the bad acts that people are concerned about as well as making the laws technologically neutral. While regulation is important, legislators were cautioned against having the laws themselves creating marketplace winners and losers.
While generalized language can be very powerful it is also important to be mindful that the language does not over-encompass acts that are acceptable. Executive Director of the Virginia Joint Commission on Technology and Science, Lisa Wallmeyer, explained how laws need to be carefully tailored. Too broad of a law will chill development, while having the law be too narrow will create loopholes and defeat its intended purpose. Consider the differences between government and corporate databases. While broad language could apply to both equally, government databases have additional concerns, such as Freedom of Information Act requests, and can not be treated exactly the same.
The panel further explained that while RFID technology and laws are still being developed, it is very important for legislative bodies to consider the input from experts in the field. RFID isn’t like other technologies currently being used. It is collecting new types of information and in more pervasive ways than seen before. The technological capabilities often are not well understood and, as Microsoft’s Steven Shafer argued, legislators should make room on panels or study commissions for technologically knowledgeable people to help prevent any misunderstandings.
Director and Counsel of Technology and Environmental Policy at AeA, Mark-Anthony Signorino, discussed recent legislation that addresses RFID. He cautioned that requirements that stores post notices explaining how RFID is used and the risks involved, such as in some states' proposed legislation, aren’t very effective; customers will at first react with fear but then will eventually ignore the warning. Likewise strict labeling requirements may be too detailed or technical and thus also ignored. He emphasized that the laws must be carefully tailored to meet their goals and in some cases best practices, which can be more flexible, can provide a better solution to RFID concerns.
RFID is a growing technology which presents a number of important issues that must be addressed. Educating the public about the risks and benefits of this technology is a vital step to ensure its acceptance. Speakers noted that legislators should understand the policies and legislative techniques that will help establish an environment that will enable the development RFID systems and best utilize the technology to the benefit of society.
NCSL is a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
|
