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Law & Technology
Zoic Studios for Universal/SciFi
02/21/2005 07:37 AM
By Thomas Holt
George Orwell’s novel “ 1984” became a metaphor for totalitarian regimes constituted for the sole apparent purpose of subjugating its citizenry. Orwell’s vision was informed by the rise of Nazi
Germany and Stalinist Russia and became imbedded in college reading lists as a reminder of the perils of group- think and the surrender of individual liberties.
And while “ 1984” continues to enjoy totemic status, the passage of time has made it almost cliché — somehow slightly less relevant in post- modern, technology- driven societies. While cautionary and at times terrifying, the depredations recounted by Orwell were decidedly low tech by today’s measure.
Now cut to the revival of the 1978 “ Star Wars” - inspired television series “ Battlestar Galactica,” which has been “ re- imagined” this year on the Sci Fi Channel. In its most recent formulation, the human race has been nearly annihilated by the Cylons, a techno-

breed originally created to be man’s robot servants. After an uprising, the Cylons have the humans on the lam.
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Artificial intelligence run amok has become a popular theme in films and television and goes to the archetypal insecurities of not only those who find themselves on the wrong side of the digital divide but a large segment of moviegoers and television viewers in general. The subliminal message in Galactica is that too much technology can often come back and bite its creators.
Last week, the specter of Orwell- meets- the- Cylons came to life in the rural town of Sutton, Calif. There, angry parents have accused the local school district of violating the rights of its 587 elementary school students by requiring them to wear radio frequency identification devices to monitor classroom attendance and provide increased security. RFID systems typically have three components:
One or more tags, each with a chip and antenna; a reader; and a host computer system with application software.
The one employed in the Sutton schools is similar to those used to keep track of inventory and livestock. Each pupil is issued an identification badge complete with his or her photo, grade level and name. On the reverse side is a tube roughly the size of a roll of dimes. The tube contains a chip with an antenna. As a student enters class, a reader mounted on the door transmits a 15- digit number which, in turn, is translated into the student’s name by software contained in handheld devices issued to teachers to check attendance.
While keeping track of school- age kids and ensuring their safety are laudable goals, some Sutton parents see this as an unwarranted invasion of their children’s privacy. Without actually delving into whether the Sutton plan is illegal, suffice it to say that an American Civil Liberties Union lawyer has agreed to represent several of the affected families in a threatened court action.
Regardless of its legal outcome, the Sutton case does illustrate the advantages as well as potential perils of RFID technology, one of the most rapidly developing sectors of the information technology and automatic- identification and data- capture industries.
Businesses and other organizations have been quick to recognize the many benefits of the wireless data exchange capabilities of
RFID, which are now used in combination with “ smart labels” and
Electronic Product Code technologies to improve business practices.
Retail giants such as Wal- Mart and Target were early adopters of
RFID technology and are now requiring their major suppliers to use it to enhance inventory management. Others have also jumped on board the RFID express. For example, the U.S. Food and Drug
Administration is now considering the use of RFID systems as a means of creating a drug “ pedigree” that can be used in combating drug counterfeiting.
The FDA has already approved an RFID device for use in humans for medical applications in the United States. The device contains a

surgically implanted microchip transponder with an encoded verification number. The microchip can be scanned to identify the patient and allow Internet access to his or her medical records.
But many fear that RFID technology will be employed to further erode individual privacy in areas ranging from the product preferences of consumers to their whereabouts at any given time.
These elemental concerns can be informatively viewed through the
Orwell- Cylon prism, namely the fear that the technology can take on a life of its own at the expense of the individual. This is what has the Sutton parents in an uproar.
To be sure, these anxieties may be largely unwarranted. The identification badges worn by the Sutton students are lowfrequency devices designed to work only across short distances.
Whether this fact will carry the day in Sutton remains to be seen — the local school board has turned off the tag readers pending further review.
The lesson in all this is that privacy and system security will have to be addressed before the obvious and substantial advantages of
RFID technology can be fully realized.
At least six states and the federal government are considering legislation aimed at RFID privacy issues. The European Union has already enacted laws that require the labeling of products with
RFID tags and that require companies to inform consumers when they gather data on them, and secure their permission to do so.
While the widespread use of RFID technology is in the cards, manufacturers, vendors and users will ultimately have to confront and resolve these issues before entering the brave new world of wireless data exchange.
Thomas Holt is a partner in the Boston office of international law
firm Kirkpatrick & Lockhart Nicholson Graham LLP.
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