ASSIGNMENT

INFOMAX COLLEGE OF IT AND MANAGEMENT

(NPLBEFM003)

(BUSINESS LAW)
HAND OUT DATE: (15/11/2019)

HAND IN DATE: (29/11/2019)

WEIGHTAGE: (50) %

INSTRUCTIONS TO CANDIDATES:
1. Submit your assignment at the administrative counter.
2. Students are advised to underpin their answers with the use of references (cited using the
Harvard Name System of Referencing)
3. Late submissions will be awarded zero (0) unless Extenuating Circumstances are upheld.
4. Cases of plagiarism will be penalized.
5. The assignment should be bound in appropriate style (comb bound or stapled)
6. Where the assignment should be submitted in hardcopy and softcopy, the softcopy of the written
assignment and source code (where appropriate) should be on a CD in an envelope / CD cover
and attached to the hard copy.
7. You must obtain 50% overall to pass this module.
 INTRODUCTION

The advancement in Mobile and wireless technology has extensively established the
foundation for communication structures globally. One of the modern wireless
technologies, Radio Frequency Identification (RFID) is an automated entity
recognition technology, which is used to recognize RFID labelled objects. It involves
the usage radio signals for labels and readers to recognize physical items
automatically.

RFID microchip is a small, but effective technology used for monitoring, screening
and productivity applications by many industries. The microchip has four elements:
RFID tags, RFID readers, antennas, and a database that records information to an
external computer. The RFID tag consists of a microchip and an antenna that enables
the embedded microchip to transmit to the RFID reader a unique identification key.
The RFID reader includes an antenna that transforms the emitted radio waves from
the RFID tag into digital data, which can then be transmitted to computers.
Ultimately, the computer allows an operator the access to the data.

RFID has been introduced from the very early stages as a breakthrough in
convenience and monitoring functionality. After all, with RFID supporters
anticipating the development of core medical facilities and safety technologies, the
tools are portrayed by manufacturers as life enriching. While the lifestyle advantages
have always been recognized, in RFID models, many risks and considerations related
to RFID implants are also to be recognized.

This paper briefly discusses the technology of RFID chip implants; explores potential
benefits and risks associated to RFID chip implants. Further, it also discusses legal
considerations that can be pursued to limit the shortcomings of RFID chip implants.

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 LITERATURE REVIEW

[ CITATION Kim06 \l 1033 ] RFID related technologies have been explored since the
1920s. Léon Theremin, for example, invented what is claimed to be the first
recognized technology and a precursor to RFID in 1945: a spying device that
retransmitted radio waves with audio information. [ CITATION Fen11 \l 1033 ] The
IFF (Identification Friend or Foe) system, long-range transponder systems, used in the
Second World War has the same principle in order to identify the allied planes. The
major trigger in the late 1990s was the implementation of this technology by Walmart
and DoD (US Department of Defense) for inventorying, and its supply chain.

[ CITATION ROT08 \l 1033 ] In October 2004, the first RFID implant – the so-called
VeriChip – was approved by the U.S. Food and Drug Administration. It is a short-
range transponder, which depends on the signal from a reader device for its power
source .It stores an identification number only, can be read from a distance of up to
10–15 cm and holds a 16-digit code only, which is long enough to identify uniquely
everybody in the world. Other owner-related information is not recorded in the RFID
implant itself, but in a consolidated archive.

[ CITATION Kim06 \l 1033 ] RFID tags can be passive, semi-passive/ semi-active or

active. [ CITATION ROT08 \l 1033 ] RFID implants are passive tags, which do not
require batteries to operate but make use of the energy emitted by an external RFID
reader. Hence, they will be operative for several years once inserted under the skin.
RFID implants are unable to connect with the GPS satellites (or any other similar
satellite-based positioning system) necessary for an individual's real-time tracking
[ CITATION Aub11 \l 1033 ].

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 DISCUSSION

Uses of RFID implants

The RFID chip is a useful technology comprising innovative benefits to its users.
From basic identification and data storage to security purposes and saving lives, the
uses of RFID human implantation is broad.

 Medical uses
VeriChip tag is component of a health information system referred as VeriMed. The
key embedded in the implanted chip leads to a record that recognizes the patient and
stores medical history of that patient in a system. Caregivers can acquire an
authentication key by scanning a person's chip, which allows them to view the health
records of patients who are unable to share their details, enhancing their recovery and
potentially saving their lives.[ CITATION Vik08 \l 1033 ]This may potentially be the
primary use of the VeriChip tag but other than identification and medical history
purpose VeriChip also provide various other medical uses involving;
 Infant protection
 Patient tracking to keep wander-prone citizens safe like Alzheimer’s patients
 An Assetrac system to locate different assets
 Vibration monitoring, and
 Emergency response approaches for urgent situation services that enable users
to efficiently handle, monitor and maintain remains and evidence items
involved with minor occurrences, crime scenes or catastrophic events.

Considering that the patient is gives consent permission and the privacy of the health
files is properly safeguarded, the VeriChip technology has little ethical issues.

Likewise, [ CITATION Ame07 \l 1033 ] the biotechnology company M-Biotech has

been prototyping an implantable RFID system for use by diabetes patients. A wireless
alert device worn by the patient continuously processes the data and helps in
measuring vital glucose levels inserted in the abdominal area.

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 Other uses
Implantable chips are viewed as a possible mechanism for a permanent identification
card that does not entail the necessity for personal data to be held. When embedded,
they could pose as the identification of the concerned user at any moment, wherever,
and could pose as a standard substitution for a variety of identification cards. These
can highly benefit implanted users to for convenient and secured access to their office,
authorized area or user-owned vehicles.

Similarly, the unique serial code registered on the RFID transponder may be utilized
as means of authentication to verify one’s identity when accessing an account or
making a purchase. Similar identification pattern by such RFID tags can be used to
open bank accounts instantly. Hence, there are possible uses of implantable RFID that
can replace debit or credit cards.

Risks associated with RFID implants

While RFID implants have numerous benefits and applications, these technologies
still have several shortcomings. These limitations are related to personal privacy and
data security, health risks, and ethical issues.

 Personal Privacy and data security

RFID is able to gather a tremendous amount of information about a person
automatically in a discreet and inconspicuous way. A transponder embedded inside a
person can interact with whichever reader it may encounter on any particular day.
They may become a major focus for individuals with evil motives, such as hackers, as
they comprise too much valuable data, such as the possibility to connect information
based on a specific identity, to identify and control a person over time, and to identify
for particular behavioural habits. They could also be misused for the physical
surveillance of an individual, aside the limited interaction reach of today's RFID
implants. Other security threats include eavesdropping on details shared within tags
and readers, man-in-the-middle attack, replication of the tag of the approved
individual or assault on server side of the device, which in this case include specific
and sometimes sensitive data.

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 Health Risks
For these chips, a possible concern is that they don't always remain in their spot. They
move to another spot often, causing it difficult to locate them, which can be especially
troublesome during health emergencies. Some possible health threats of RFID human
implants have been analysed the US Food and Drug Administration (FDA) along with
some mitigation measures as follows:

Source: [ CITATION Cen04 \l 1033 ]

Table 1: Possible health threats of RFID human implants has been analysed the US
Food and Drug Administration (FDA)

As the FDA analysed risks suggests of electromagnetic interference, medical

equipment like MRIs may be incompatible with patients implanted with RFID tags.

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 Ethical issues
The service providers ought to obtain further insight to additional information in
attempt to accommodate the people better, and may also seriously constrain the
freedom RFID implantee. This can contribute to a scenario where the users are still
unsafe in their own private residence and may trigger conflict with individual
liberties.

Legal Regulations
Although RFID implantable microchips have not even being introduced in developing
countries like Nepal and probably take a decade for so, considering the risks
associated with the technology, the following regulation concerns can be taken into
consideration:

 As application and practicability of RFID human chips are similar to that of

the internet except for mobility, the regulations for similar crimes as hacking
and theft of personal privacy and data can be derived or similar as stated under
the Nepal Cyber law, referred as Electronic Transaction Act (ETA) 2063
(2004).
 The penalties should be increased and made stricter as increase in use of
digital storage of data and implications especially in more personal data
records like RFID implantation chips.
 Due to lack of awareness and proper technological education, many are prone
to using the technology without properly knowing the risks linked. Hence,
regulation relating to proper consent of user or patient must be made with
evident requirement for RFID implant use.
 The mitigating measures for various health risks to RFID implantee analysed
by the FDA should be strictly regulated in medical sectors.
 Specification of legal administration of RFID service provider and microchip
implanter with quality standards should be done.

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 CONCLUSION

The RFID micro chipping is a high-end mobile technology allowing multipurpose

benefits in health as well as in convenience and security. Despite having such
beneficiary features, the RFID human implantation technology comes with great
health risks, personal data and security issues, and ethical issues.

If properly regulated and used with taking accounts of the risks associated, users can
enjoy all of its innovative benefits especially in this era of technology. Hence, proper
and strict laws and regulations should be introduced and implemented for the society
to experience what innovation and technology offers.

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Dimitriou, T 2008, 'RFID Security and Privacy', pp. 57-59.
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