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23740	33500	Welcome to another episode of Fear, Uncertainty, and Doubt.
34460	41660	Streaming exclusively from Disney Negative with your host, Jada.
42360	48880	Hi, friends. Last week, we talked about the dangers of running with scissors.
49380	61260	This week, chip implants. No, not those, but this. Human microchip implants.
61260	68460	Imagine, with just the swipe of one's microchipped hand against a digital reader device,
68460	78520	being able to unlock that door to one's office, garage, or home. Today, more than 50,000 people
78520	87240	worldwide have elected to receive microchip implants. Some even affectionately call themselves
87240	95620	human cyborgs. But first, let's briefly talk about what this technology is,
95620	105540	and then we'll catapult into the controversy surrounding its use. So how does the chip work?
106020	112540	Well, the microchips are encased in a shell slightly larger than a grain of rice.
112540	120100	Now, the average cost of this procedure is $150, and that's to have this microchip,
120100	126860	about the size of a grain of rice, surgically inserted between one's thumb and index finger.
126960	135180	And also for $150, you can buy 320 pounds of rice at Walmart. And as the comedian Mitch
135180	142830	Hedberg teaches us, rice is great whenever you're hungry and you want 2,000 of something.
143540	153580	But I digress. So chip implants are especially popular in Sweden, where more than 4,000 Swedes
153580	160340	have replaced their traditional key cards for chip implants to use for access at the gym,
160460	166600	e-tickets on the railway, and even to store emergency contact information and their social
166600	176800	media profiles. In the U.S., however, this technology's reception has not been as enthusiastic.
178140	185260	While chip implants are gradually being embraced, perhaps better to say inserted,
185260	193440	some lawmakers are taking preemptive action to prohibit forced microchipping.
194220	202520	Now, the first U.S. company to begin offering employees free microchip implants was a Wisconsin
202520	211600	vending machine software company in 2017. This alarmed some lawmakers, however, who felt it was
211600	219000	quote, a rabbit hole I don't think we should go down, unquote. Instead,
219440	227780	they proposed banning human microchip implants entirely. Oh, and speaking of rabbit holes,
227780	236920	another rabbit hole is the Bill Gates microchip conspiracy theory. Now, PolitiFact debunked this
236920	243960	unfounded claim that the coronavirus pandemic was part of a plan by Microsoft founder Bill
243960	251380	Gates to establish a vaccination program to implant trackable microchips in people.
251380	261840	Facebook also flagged this spurious claim after the post was shared by more than 44,000 users.
261840	268980	Additionally, the BBC debunked this myth after the leader of the Russian Communist Party
268980	278140	accused globalists of supporting, quote, a covert mass chip implantation, which they may in time
278140	286280	resort to under the pretext of a mandatory vaccination against coronavirus, unquote.
286720	294380	So, tossing conspiracy theories aside, how do these chip implants actually work?
294600	302080	Well, not all chip implants are designed alike. Some chips communicate using radio frequency
302080	310780	identification, known as RFID, and are passive transponders. What does that mean?
310780	317520	Well, according to the Seattle-based biohacking company called Dangerous Things,
317520	325660	passive means that it allows a small computer chip with no battery or power source to be powered by
325660	333220	and communicate with a device reader using the magnetic field generated by it.
333600	338540	Given the chip's petite size, an example on this slide is one that is
338540	346420	two millimeters by 12 millimeters, the digital reader can be positioned a few inches next to
346420	356620	one's microchipped hand to communicate. Now, apart from RFID, Sweden's top provider of chip implants,
356620	365000	Biohacks International, produces primarily near-field communication chips, known as NFC
365000	373020	chips. Now, these are commonly used in mobile payments and contactless credit cards. Basically,
373020	380060	they use electromagnetic radio fields to wirelessly communicate with digital readers
380060	387600	that are in close proximity, much like our smartphones do. These chips are also passive,
387600	394940	meaning that they store information that other devices can read, but the NFC chip itself
394940	404480	doesn't read that information. According to Biohacks, a benefit of NFC chips is their widespread
404480	413900	international use across a variety of services and products that support the NFC global standard.
413900	420260	In turn, this allows for more streamlined integration and use with existing infrastructure
420870	428750	and across public and private sectors. So, if these chips are passive,
428900	434480	why are some U.S. lawmakers calling for a preemptive ban?
435970	443320	On the one microchipped hand, this technology offers attractive benefits of convenience and
443320	450420	speed. Again, imagine just by swiping your hand, you can quickly buy that pound of rice.
451140	459520	On the other microchipped hand, this technology also raises significant privacy concerns.
460260	468120	A general privacy and information security concern here with NFC technology is that it could allow
468120	477960	third parties to eavesdrop on device communication, corrupt data, or wage interception attacks.
478040	486520	The NFSC.org warns that interception attacks are when someone intercepts the data transmitted
486520	496400	between two NFC devices and then alters that data as it's being relayed. Like any device,
496400	502540	really, these personal chips have security vulnerabilities which could potentially be
502540	510840	exploited for malicious purposes, even if the chip is physically embedded underneath the skin,
510840	518420	according to microbiologist Ben Libertin with the Stockholm Kortenska Institute.
519100	526200	Mr. Libertin warns that these chips can reveal a lot of personal information about our health,
526200	532960	location information, how often we're working and for how long, and even such intimate details as
532960	537900	the frequency of our coffee breaks or trips to the restroom.
538940	543020	Another privacy concern that deserves careful scrutiny
543680	550240	is to what extent could this data be legally shared with third parties?
551840	558880	Now, the U.S. Supreme Court has yet to issue a ruling that squarely addresses this. That is,
558880	565900	the treatment of microchip implants as third parties. Under the third-party records doctrine,
565900	573600	however, determined by the U.S. Supreme Court in 1979, in the case of Smith v. Maryland,
573600	579500	the Fourth Amendment does not prohibit the obtaining of information revealed to a third
579500	587160	party and conveyed by him to government authorities even if that information is revealed
587160	593080	on the assumption it will be used for a limited purpose and the confidence placed in the third
593080	601960	party won't be betrayed. In sum, it remains an open question as to whether these devices count
601960	612180	as third parties or not. In addition, religious objections are also being raised against
612180	620460	hand scanners and other biometric technology in the workplace. Now, here we have a case from 2013
621160	627360	where a religious objection was raised. Quick rundown of the facts. A coal miner in West
627360	635060	Virginia filed a Title VII religious discrimination case against his employer, Consul Energy,
635060	640580	for refusing to accommodate his religious objection to using the biometric hand scanner
640580	647360	to clock in and out at work. The employee feared that using Consul's hand scanner here
647360	653680	would be tantamount to the mark of the beast and could lead to his identification with the
653680	661600	Antichrist. So what was the outcome of this case? The district court ultimately ruled in favor of
661600	668620	the employee because the company here had failed to make available to a sincere religious objector
668620	674320	the same reasonable accommodation that it offered to other employees.
676000	683460	So having explored what this technology is, the privacy and information security concerns,
683460	691300	let's turn to talking about the current state of the law. Presently, 11 states in the U.S. have
691300	702420	passed statutes banning mandatory human microchips. In California, it is unlawful for anyone, not just
702420	710980	employers, but anyone to require, coerce, or compel any other individual to undergo having this device
710980	717920	implanted. Similarly, in Wisconsin, they have a statute that recites that no person may require
717920	725300	an individual to undergo the implanting of a microchip. Other states that have enacted similar
725300	732940	protective legislation are Maryland, New Hampshire, North Dakota, Oklahoma, and Utah.
734740	743420	A few states, however, have enacted legislation that only forbids employers from requiring
743420	751720	employees to be microchipped. Missouri, Arkansas, Indiana, and Montana also protect independent
751720	759660	contractors and prohibit any state agency or local government from requiring people to be microchipped.
760620	770580	And at the time of this presentation, the states with pending legislation on this issue are Rhode Island, Iowa, Tennessee, and New Jersey.
772540	778700	Now, in terms of the state that has the most restrictive legislation on this technology,
778700	786260	Nevada takes the lead here. While not a total ban, as previously proposed in 2017,
786900	794260	Nevada Assembly Bill 226 prohibits any officer or employee of the state, or any political
794260	801220	subdivision thereof, or any other person from, from doing the following three things. One,
801220	808500	requiring another person to undergo having this device implanted. Two, establishing a program that
808500	816280	authorizes a person to voluntarily elect to undergo this procedure. And lastly, participating
816280	823340	in a program established by another person, if the program authorizes a person to voluntarily
823340	836040	elect to undergo this procedure. So where do we go from here? In a seminal law review article
836040	844680	written in 1890 by Warren and Brandeis, they wrote, while this still holds true,
844680	851120	the design of the law must be to protect those persons with whose affairs the community has no
851120	858060	legitimate concern from being dragged into an undesirable and undesired publicity, and to
858060	864840	protect all persons whatsoever, their position or station, from having matters which they may
864840	870000	properly prefer to keep private, made public against their will.
871700	878220	And keeping with the spirit of those, those words expressed by Brandeis and Warren, it is the sole
878220	884940	responsibility also of technologists to design products that can protect users from having their
884940	892640	personal, financial, and health data from being made public against their will, and also for users
892640	899840	to be well informed of their privacy rights. The onus here can't be on the law alone to protect
899840	908220	all persons. And it's that trinity of shared responsibility here versus a total ban on the
908220	918440	technology that can sustain designing a future for all to enjoy. Now I like to end my talks on
918440	924980	uplifting notes. And on that note, Frank, take it away.
929620	935840	I've got you under my skin.
937220	943980	I've got you deep in the heart of me.
944920	950840	So deep in my heart that you're really a part of me.
950860	952760	Deep in my heart that you're really a part of me.
952760	959680	I've got you under my skin.
960000	966380	I tried so not to give in.
967620	974860	I said to myself, this affair never will go so well.
975560	982600	But why should I try to resist when, baby, I know so well.
983100	989340	I've got you under my skin.
990580	999520	I'd sacrifice anything, come what might, for the sake of having you near, in spite of a warning
999520	1008640	voice that comes in the night and repeats, repeats in my ear. Don't you know, little fool,
1009060	1019040	you never can win. Use your mentality. Wake up to reality.
1023390	1030770	All right, that was fear, uncertainty, and doubt about human microchip implants. We actually have
1030770	1037270	Johnna Smith with us here right now. If there's any questions, please direct them to the Q&A
1037270	1045530	Discord chat. Thank you for the very interesting talk.
1047270	1051610	Thank you for having me. It was a pleasure. Happy to stand by to answer any questions
1051610	1065520	that you all may have. I see some typing in the chat. We'll see if there's
1065980	1080980	any questions here. All right, we've got one. Do you think any states might try to ban voluntary
1080980	1094200	microchip implanting? Thank you for the question. It's a possibility. It's striking that
1094760	1101720	Nevada has passed the most restrictive legislation on this that, going back to the
1101720	1109880	slide that listed the three circumstances in which it could be banned. One, if a person is
1109880	1116700	required to undergo this procedure. So there's an involuntariness aspect to that. And then the
1116700	1122780	second part is someone who voluntarily elects to undergo this. Specifically, the statute,
1122780	1130040	Nevada Bill Assembly Bill 226, recites that establishing a program that authorizes a person
1130040	1137000	to voluntarily elect to undergo the implantation of such a microchip or permanent identification
1137000	1145220	marker. So I would say Nevada's legislation here is directly on point with your question.
1145220	1151340	And to my knowledge, this state ranks as the most restrictive. Thank you.
1151340	1159100	That is a bit surprising from Nevada. We've got another question. What do you think about
1159100	1164220	the Elon Musk brain implant that would stream music to our brains? Personally,
1164220	1167620	I think that's the beginning of something very bad.
1169540	1176840	Very interesting question. I have to admit, I'm not familiar with Mr. Musk's proposal to have a
1176840	1184140	device implanted in our craniums to stream music. After this talk, I need to Google that.
1184780	1189830	I'm sorry, I'm not familiar with that particular device, only with the
1191240	1195940	implants that can be implanted surgically into your hand.
1198560	1203340	All right, we've got another. You sound generally positive about the technology.
1203340	1206620	Really, there are no side effects and no negatives?
1209700	1215840	Thank you for the question. I wouldn't say that I'm overly positive about it or negative.
1216540	1224620	Inherently, I don't think technology is good or bad. It's how we decide to use it. The presentation,
1225100	1232240	I tried to present the arguments on both sides here, the controversy surrounding the use
1232240	1239040	in an objective way, but also use humor. There's a great quote by Soren Kierkegaard that when
1239040	1245600	looking at life's horrors, sometimes the only sensible thing to do is to laugh. The comedic
1245600	1254300	tone is to highlight that. There are significant privacy concerns here, as well as information
1254300	1261380	security concerns, and religious objections as well. Several religious groups are concerned that
1261380	1268220	this technology, as the presentation mentioned, could lead to identification with the Antichrist
1268220	1276120	in that 2013 court case. There are compelling arguments to be made on both sides, but again,
1276120	1283400	it's how the technology is being used as a tool that determines whether or not it's being used
1283400	1290260	for malicious purposes or something beneficial for society. The benefits of this technology are
1290260	1298100	the speed and convenience, but again, that comes at a price and one that deserves careful scrutiny,
1298100	1306860	particularly how the third-party business records doctrine will extend here, not only with the
1306860	1312960	Supreme Court's ruling on this in the 1970s with business records, how those are treated,
1312960	1321640	but with the recent case of U.S. v. Carpenter in 2018, where the court narrowed the scope of
1321640	1327040	the third-party records doctrine with respect to the Fourth Amendment, how that will play out
1327040	1334840	with this technology is a fascinating open question. Thank you. Thank you, that was a very thoughtful
1334840	1341340	answer. And it looks like we have one last question. Within the world now, do you see any
1341340	1346680	particular governments seeking mandatory implants to track and monitor citizens, for example China,
1346680	1354920	with their social tracking scores and such? Great question. What will the future look like
1354920	1363680	come 2030 with this technology? Presently, I'm not aware of any country compelling people to
1363680	1373500	insert this technology into themselves. Again, in Sweden, it is voluntary, and Sweden ranks as having
1373500	1384340	the most people there using this technology. And it was interesting, not only has this technology
1384340	1392480	been embraced in accessing the gym, accessing your workspace, cashless payment systems, riding the
1392480	1398540	train, there's a piece of legislation in Sweden that by 2023, they aim to have a totally cashless
1398540	1406180	system on the train, and there's talk of having this technology also used as your ticket, your e-ticket,
1406180	1413920	for air travel. But I'm not aware of any country using this in a coercive manner, compelling
1414400	1422040	the people to insert it into themselves. But come 2030, as this technology becomes more prevalent,
1422040	1431080	that's a very valid concern. Thank you. Yeah, I've got one myself. When we see all of these different
1432220	1437480	social things like being able to take the train, being able to pay for stuff, making all those
1437480	1445600	common life things a lot easier, is that really a voluntary thing when there's so much social pressure
1445600	1451620	to want to get this, to make it your life easier?
1452600	1463460	I see. So the question is, if this technology becomes so prevalent, and in order to participate
1463460	1473100	in today's society and interact with people, would you necessarily need this to become
1473900	1485920	active in society? Well, you have the freedom of choice whether you want this. I would think
1485920	1492980	that alternatives would also be developed, that you don't have that fear of missing out, FOMO.
1494560	1503120	But if I can draw an analogy to social media, not everyone uses social media, but they are still able
1503120	1511580	to have an active social life, that would be the best analogy I can come up with on the spot of
1511580	1516340	whether or not, if I didn't have this technology, can I still talk with my friends? Can I still
1516340	1522680	participate in day-to-day life? You can still enjoy life without being a member of Facebook.
1522680	1525000	Mm-hmm. Thank you.
1525000	1527960	All right. Thank you very much for joining us today.