
For RFID and public safety, he’s the decider (Secretary of Homeland Security Michael Chertoff).
Major corporations will be able to avoid lawsuits after terrorist attacks–even if they fail to protect consumers–by using RFID tags, according to an attorney who helped craft the law, and now advises RFID companies.
The law, the SAFETY Act of 2002, shields companies from liability for damages if they use technologies approved by the U.S. Department of Homeland Security.
The SAFETY Act will also help Homeland Security with a longstanding goal–promoting the idea that the remote tracking devices are absolutely necessary to protect the U.S. population.
Wal-Mart, Procter & Gamble, Tesco and Target are among the companies planning to tag and track individual store items (and shoppers) from the factory floor to the checkout counter and beyond.
Former Secretary of Homeland Security Tom Ridge, meanwhile, has said the department can be trusted with the data gathered from RFID reader devices. Homeland Security would mine the data, which includes purchase details and locations where the tags are detected, for suspicious activity.
The RFID attorney, Ray Biagini, says that RFID is a good candidate for coverage under the SAFETY Act.
RFID can “improve public health and safety in a number of ways,” writes Biagini in the latest issue of RFID Journal, a trade magazine.
The SAFETY (Support Anti-Terrorism by Fostering Effective Technology) Act gives the Secretary of Homeland Security full discretion in shielding a company against lawsuits, by certifying it is using technologies meant to protect the nation’s people and resources.
Corporate liability lawyers, defense contractors and Homeland Security officials devised the SAFETY Act in a backroom deal after 9/11, according to one of my sources, a lobbyist for technology companies in Washington.
In fact, Biagini, who works for the law firm McKenna Long & Aldridge, claims that he wrote many of the SAFETY Act’s key provisions himself.
Trial lawyers say that such tort reform measures are unfair to consumers.
For example, imagine if half of your family died after brushing with Procter & Gamble’s Gleem toothpaste, from an arfid-tagged package purchased at a Wal-Mart store. If the government blames terrorists for the poisoning, you may find it impossible to sue the retailer or its suppliers for not taking adequate safety precautions–if their use of the radio tags was Homeland Security-approved.

But given their influence at Homeland Security, Biagini (right) and the RFID industry seem likely to get their way with the SAFETY Act certifications.
Former Secretary of Homeland Security Tom Ridge and at least one of his former deputies have gone on to work for the RFID industry, along with former Secretary of Health and Human Services Tommy Thompson.
So watch as food and pharmaceutical companies begin to seek SAFETY Act protections for their arfid-tagged goods, and use the “DHS certified” seal (left) as a selling point.