The right to be left alone
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Thursday, August 25, 2005
SHOULD THE STATE have the ability to track your movements with tiny radio
transmitters?
This is the essence of the debate behind Senate Bill 682, which reaches a
critical juncture today in the Assembly Appropriations Committee.
The bill, authored by Sen. Joe Simitian, D-Palo Alto, would wisely put some
restrictions and safeguards on government's use of radio frequency
identification (RFID) technology.
Simitian's bill was inspired by the controversy that erupted when middle-
school students in Sutter County were required to wear badges that allowed the
school to track their movements around campus. The school board last year
scrapped the experimental program in the face of parental objections, but the
implications of expanded government use of this technology are truly chilling.
One of Simitian's concerns is that personal information contained on a
government-issued RFID card could be picked up by criminals -- such as ID thiefs
-- carrying one of the readily obtainable portable reading devices. The
potential for abuse is staggering. Imagine if government authorities, political
activists or private detectives wanted to identify individuals going to anti-war
rallies, gun shows, abortion clinics or religious events?
Simitian's SB682 takes the prudent approach of limiting the use of this
technology until stronger safeguards can be developed. His bill would:
-- Impose a three-year moratorium on the use of RFID technology on "mass
distribution" documents such as driver's licenses, library cards, K-12 student
IDs and Medi-Cal cards.
-- Prohibit the "intentional remote reading" of personal information without
the target's knowledge -- with penalties of up to a year in jail and a $5,000
fine.
-- Establish strong encryption standards to reduce the chances of
unauthorized reading of RFID data.
The measure preserves the commonly accepted current uses of RFID, such as the
FasTrack system on Bay Area bridges. Unfortunately, the bill has run into
resistance from influential factions of the high-tech industry, which argue that
the measure is founded on false fears about a secure and reliable technology.
Their lobbyists are warning that additional safeguards would drive up the cost
of RFID.
By now, Americans should be wary of mere verbal assurances -- whether from
government or industry -- about the level of privacy protection in this digital
age. The recent wave of security breaches of personal information held by
financial institutions is Exhibit A of the need for meaningful regulation. SB682
represents a restrained, reasoned approach to regulating a technology with
potential for abuse.
The Assembly Appropriations Committee must approve SB682 to keep it advancing
toward the desk of Gov. Arnold Schwarzenegger. Let legislators know you are
tracking this important bill.
You can find the names and contact numbers for your Senate and Assembly
representatives by typing in your ZIP code at www.leginfo.ca.gov/yourleg.html.
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URL: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/08/25/EDGFREC5O71.DTL