A recent jump in RFID technology has resulted in radio tags as small as a grain of sand or as thin as thread. This could result in such tags being woven into clothing. Stores can immediately tell what fashions you like to wear and make recommendations. But, Schwartz asked, what is to stop government officials from using the technology to identify people who, say, attend a protest rally? On the up side, similar chips have been placed in pets to better identify a lost dog or cat.

"I think clearly technology is a double-edged sword," said University of Utah associate law professor John Tehranian. "On the one hand, it can certainly make our lives convenient and certainly can make business more efficient."

But on the other, the law has not caught up with technology in restricting its use and protecting privacy, he said.

Schwartz said there are proposals to put RFID tags in passports and in ID badges for federal employees. Some states may place them in next-generation driver's licenses. The European Union is considering putting RFID strips in Euro bills, which would make counterfeiting more difficult but could also tell police how much money you are carrying at the airport.

Already, RFID tags are placed in library books and other items. Tehranian said the potential for intrusion is great.

"You can find out who is walking around with what book, and you can essentially cross-check who has that book using library records and essentially track where you are going," Tehranian said.

The war of cards

In the war against terror, Schwartz said government agents have used the Patriot Act to track people using credit cards, library cards and possibly other things.

"We've seen them using the Patriot Act in non-terrorism cases," Schwartz said. "They only have to get one court order in order for them to follow an individual around for all devices."

Tehranian said issues of privacy in technology have yet to wind their way up to the higher courts, including the U.S. Supreme Court. Legal cases on technology and privacy, to give guidance to courts on how to deal with this issue, are few and far between.

"Limitations should be placed on how much information can be collected through RFID technology," Tehranian said. "You could have RFID technology at an entrance and exit to major highways. They could essentially track every move you make."

Both Tehranian and Schwartz said Congress also needs to address these issues and pressure needs to be placed on the electronics industry to work in privacy protection.

But experts don't want people to panic.

"Inherently, information technology is a good thing, because it gives people access to information that they normally wouldn't have," Hess said. "People (including industry officials) just have to be responsible."

As with the history of technology, the effort to trump the latest and greatest will continue.

"For every implementation for this technology, there's always going to be a crack," Tehranian said. "For radar, there's going to be the radar detector. People will eventually have the technology to disrupt signals."

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