Monday, October 02, 2006

California RFID Legislation Vetoed as "Premature "

RFID Law Journal
Newsletter No. 21
October 2, 2006

The California Governor declined to sign legislation which would've likely slowed the development and evolution of RFID in the nation's largest state economy. A number of RFID industry supporters were critical of this legislation, though it had passed by a 30-7 majority vote of the legislature.

In our editorial, we had criticized the proposed legislation for a number of reasons. This legislation did not appear necessary given the protections afforded by existing privacy and data protection laws. Additionally, the legislation would have made it extremely difficult for a nascent industry to make a business case for its products; among other things, the legislation would have required 'human' involvement in a number of situations, and as such, would have potentially undermined the business case for using an automated solution.

Notwithstanding the seemingly strong support (30-7 vote) for this RFID legislation by the California legislature, a number of stakeholders, including RFID participants, maintain a strong vested interest in the health of the RFID industry. California is a key incubator state for nascent technology companies, and not surprisingly, a number of leading RFID vendors, including Alien Technologies, Inc., maintain a significant presence there.

In his press release, the California Governor indicated that it would be "premature" to legislate.
You can read the Governor's press release at: http://gov.ca.gov/pdf/press/sb_768_veto.pdf.

You can learn more about RFID legal issues at www.rfidlawjournal.com. You may contact our editor at editor@rfidlawjournal.com. This material is being provided for informational purposes only. Usage of this material is subject to the terms and conditions at www.rfidlawjournal.com. Among those conditions of use, you shall not reply upon information contained herein as legal or other advice, and you are expected to seek out your own trusted advice with respect to such matters.

You can learn more about the California RFID Legislation at the following link to an article by RFID Update “California RFID Restrictions Get Governor’s Veto.”
http://www.rfidupdate.com/articles/index.php?id=1218.

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