[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Extensions of Remarks]
[Pages E1224-E1225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PROTECT PERSONAL PRIVACY BY NOTIFYING CONSUMERS OF THE PRESENCE OF 
                   TRACKING DEVICES IN EVERYDAY ITEMS

                                 ______
                                 

                         HON. GERALD D. KLECZKA

                              of wisconsin

                    in the house of representatives

                        Wednesday, June 23, 2004

  Mr. KLECZKA. Mr. Speaker, today I am introducing privacy legislation 
in response to the growing use of technology known as ``radio frequency 
identification,'' or RFID, that businesses are beginning to use as a 
means of tracking shipments of goods.
  RFID chips, which can be embedded by manufacturers in clothing or 
other products, transmit unique identification data to a receiver so 
that a merchant can track the movement or presence of specific goods, 
such as to verify that a container has a complete order of items inside 
without opening it. It makes good business sense to keep track of 
inventory, and RFID offers an easier, more efficient way for many 
companies to do so.
  However, in an age in which the advent of new technology is often 
accompanied by a loss of control over one's personal information or 
privacy, consumers should be made aware when an item that they have 
purchased contains technology that potentially allows for their 
movements or purchase history to be tracked. Furthermore, a person that 
so desires should be able to have the tracking chip disabled or 
removed.
  Presently, RFID chips come in all shapes and sizes, with some the 
size of a grain of rice or smaller. Many of these chips are only able 
to transmit to a receiver in close proximity, and do nothing more than 
signal the presence of a specific item of clothing or other retail 
product. As technology advances, it will be easier for such technology 
to be linked to the individual's personal information, such as the 
purchaser's name, address, transaction history, and so forth. In 
addition, the distances over which RFID chips could transmit to a 
receiver will undoubtedly increase, enabling the tracking of RFID-
tagged goods far from the point of purchase.
  My legislation would require the Federal Trade Commission to craft 
rules to ensure that businesses could not sell products with RFID 
devices unless the product carries a warning label and the person 
purchasing the item is provided with the option of having the RFID

[[Page E1225]]

device removed or permanently disabled at the time of purchase. This is 
a common sense solution would allow businesses to continue to utilize 
this technology while at the same time it would grant consumers the 
ability to protect their privacy.
  Although I recognize that time is running out in the present session 
of Congress, it is important that this issue be raised. Congress should 
act to give our constituents the opportunity to have these tracking 
devices removed or disabled on articles they purchase, and I urge my 
colleagues to cosponsor this legislation.

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