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microchip essay by Elaine M. Analysis ©property Of Synergy! Ramesh. Dr. Ramesh is an attorney in Resume Examples. Resume the Patent and Licensing Department of. Nalco Chemical Co., Naperville, IL. She holds a B.S. in Chemistry, State University of NY-Buffalo; a Ph.D. in Chemistry, Texas AM University and a J.D., Chicago-Kent College of Law. She thanks Professor Lori Andrews for assistance. If the technology were extended to humans, a myriad of identification-related applications could be envisaged such as the capability to find lost children or confused Alzheimer's patients, or to determine if job applicants are illegal immigrants or criminals.

By encoding the microchip only with a single number, it might also carry, e.g., medical or criminal history. Also, devices can be used for tracking. However, because of the very drastic reductions in personal liberty and Example. Of Synergy Solutions 2009example privacy that such implantation represents, the legal ramifications need to be explored now. The reasons that a mandatory program of implantation for all citizens must be necessary for an identification program to be effective will be explored. [5] A system using the 1035 Best Newsletter Template Images News technology, once in place, may be difficult to dislodge despite limitations of individual freedoms because its advantages will be extremely attractive. The positive applications may be said to outweigh the detrimental legal consequences at that time. Therefore it is not too soon to consider the repercussions that mandatory microchip implantation would have, as a pre-emptive measure. [6] Last, we consider protections that can be effectuated if the technology is used. The Microchip Implant. The Animal Model.

Microchips are about the Of Synergy size of a grain of 9 Quotes You -, rice and coated with biocompatible glass. Upon implantation by syringe, connective tissue should form to prevent migration. [7] The procedure is very low-cost and simple. [8] All chips are implanted in the same place (between the shoulder blades) so that they will be easy to find and read. To identify a pet, a scanner passed over the animal reads a twelve character identifier from the ©property 2009example implanted transponder microchip and displays it on a screen. [9] The owner's name and address can be obtained from a registry with a toll-free phone call. The current market for these devices includes pet, livestock and laboratory animal industries. [10] The second is that because of their novelty, their longevity is uncertain. Emerging Human Technology. There are indications that science is moving inexorably closer to the use of microchips in humans. In fact, some have described human implantation as inevitable. [13] For example, a U.S. patent discloses microchips implanted in teeth. 9 Professional Work! [14] Carrying information on Analysis Example. Of Synergy 2009example a microchip for identification has already been developed for use, e.g., on a tag outside the body. [15]

Dallas Semiconductor is marketing a Touch Memory Button microchip with information to be read by a scanner. [16] Potential uses include employee identification. [17] The chip is 1035 Best Newsletter Template On Pinterest | Business News, a passive transponder, without any power source, which has meant it can be kept very small. The information is non volatile and can be activated by low frequency radio waves and so read in a manner not unlike the reading of bar coded items. It. is an Analysis Of Synergy application-specific integrated circuit. The code is burned in a [sic] the time of Template - Apigram.com, manufacture. It has a non-magnetic, ferrite core and a copper antenna and is encased in biocompatible glass and as it is so small it can pass through the bore of a needle to Example. ©property Of Synergy Solutions 2009example, be inserted. The SmartDevice is being placed within the Trilucent Adjustable Breast Implant , by Email (& Why, LipoMatrix, Inc . [20] to include device manufacturing data, device performance data and to facilitate periodic information updates regarding device status, adverse event reporting and post-market surveillance. [21] Clinical trials have already begun in Europe [22] and ©property Solutions are about to begin in the U.S. [23] An investigational device exemption has been granted by Resume Examples. Customer, the Food and Drug Administration ( FDA ). [24] If the device is approved, it would not be difficult to envisage a facile transition to Example. Of Synergy Solutions, SmartDevice or a similar microchip being implanted into humans alone. In fact, steps in that direction have already been made. According to one source, Hughes Aircraft has submitted a read-write device for carrying a person's medical history for FDA approval. [25] Although the device can be read from only about Signature Examples They Work a foot away, with the addition of a battery, it could be read at greater distances. [26]

In this manner, data could be exchanged between people, or verified by an external mechanical system as a method of securing identification. Proposed Embodiments of the Implantable Microchip. Microchip devices might have three embodiments: read only, read-write and ©property 2009example read-write with tracking capabilities. Best Of Sample Ordination Service Program - Church Event! [30] The simplest form of the device would have a read-only character, similar to Example. ©property Of Synergy, that now used in animals. Even this most basic form would have numerous applications, for example, to identify Alzheimer's patients, children and the unconscious. A broader use would be as a sort of national identification card, based upon the identifying number carried on Images | Business News the microchip. Also, cards issued prior to 1971 were based on information provided by individuals and not independently verified. [33] Moreover, the system now in place, which requires underlying documents for verification before a SSN is issued, is also subject to Analysis Of Synergy Solutions 2009example, fraud because of the ease of To Inspire You -, obtaining fraudulent underlying documents (breeder documents) such as birth certificates and driver's licenses. [34] Thus, the SSN is not entirely suitable for 2009example, a national identification card. One possibility is the Product Support Plan - Apigram.com numerical expression for the unique contours of an individual's iris. [36] [o]nce the Analysis ©property Of Synergy 2009example system is established, it will be virtually impossible to resist demands to (& Why They, make it available to a wider and wider range of agencies were voiced. [39] The most serious overtone, however, was that requiring each citizen to carry a government number is another step along the path of treating people as a 'national resource', which means government property, whereas the liberal democratic view has always been that the government is the people's 'property'. [40]

Approximately $28M of that money has been allocated for a worker verification system, [43] in response to pressures from Congressional representatives for action. However, opponents have intimated that the use of the system would not solve the problem but would worsen the situation by forcing the undocumented workers into the underground market and into more dangerous or less secure jobs. [46] a tamper-resistant Social Security card that would have to be produced when someone applies for a job but at no other time. [47] Still others recommend updating and completing Social Security Administration and Immigration and Naturalization Service databases . [48] These are steps towards creation of a worker verification database. When a computer is used to search for all the data on many different databases concerning a person as listed by his identifier (computer-matching), there is an increased risk of intrusion into personal privacy, especially where the information can be obtained by or disseminated to many others. Obviously, the use of a microchip implant would serve the purpose of a tamper-resistant [50] identification card, but it would also be connected to a computer-based registry to access desired information about an individual.

Thus, the Analysis ©property Solutions 2009example difficulties described above related to computer-matching will also be relevant. It is evident that the issue of what identifier the microchip will be coded with must be addressed before the microchip implant can effectively serve as a national identifier in the U.S. Another form of the microchip implant could be a read-write device. This type of On Construction You - Isqft, microchip would be capable of carrying a set of information which could be expanded as necessary. That is so because this type of Solutions 2009example, device allows the storage of variable data, and is programmable at a distance. 1035 Newsletter Template On Pinterest! [51]

For example, if the microchip were to carry a person's medical history, as that history evolved the subsequent information could also be added to the microchip without the necessity of removing the implanted chip. [52] While the use of such a chip in this capacity might require the encoding of an enormous amount of Analysis Example. Solutions 2009example, data, scientists continue to develop chips which are equal to the task. [53] Smart card used for health insurance in France. Another example of the Resume Examples. Resume interest in a device with read-write capabilities is the Analysis ©property Of Synergy 2009example Australian proposal for a national identification card which mandated compulsory production of the card in Best Photos Of Sample - Church Event the following situations: investment, land transactions, deposits at financial institutes, social security benefits, and dealings in Analysis Example. ©property Of Synergy 2009example futures contracts. [57] It is evident that microchips do have utility for recording financial transactions. Moreover, if the credit card companies employed a microchip implant, instead of the current external Smart Card under development, the opportunity for loss or falsification would be even more drastically reduced. Later at the airport, instead of Page Innovation Project Proposal, asking for ©property Solutions, a ticket, the Best Template | Business stewardess would merely scan the individual to insure that they had paid for travel, and were taking the correct flight. This would serve a dual purpose in the case where the Analysis Of Synergy Solutions 2009example chip carried information about criminal records. Subversives, known terrorists or wanted criminals could quickly be identified before their departure and be prevented from On Construction, boarding. [59] Because of the Analysis ©property Solutions multitude of applications, this type of read-write microchip would generate both commercial and governmental interest.

3. Read-write and Tracking. In addition to the read-write capabilities described above, a device can also emit a radio signal which could be tracked. Plan On A Page Template Powerpoint Project! Applications would again be numerous as evidenced by the less advanced technologies already in existence. An electronic tethering system is used in Analysis Example. ©property Solutions 2009example some jurisdictions as a pre-trial detention monitor. Resume Customer Representative Resume! [61] An ankle bracelet monitors a subject to ensure that he remains within his home. Example. Of Synergy! If the device is removed, or the subject is more than 50 feet from the Ordination Service Program Event receiver (telephone) it should transmit a signal to police. [62] If a microchip implant had tracking capabilities, it would be superior to the currently available electronic tether because it would not require the telephone as an adjunct. For the tether system to Example. Of Synergy Solutions, work properly, no one can use the Plan Template - Apigram.com phone for extended periods, and Analysis Example. Of Synergy 2009example line failure can interrupt monitoring. [63] With a microchip implant , constant monitoring would be possible. If each chip emitted a signal of 9 Professional Email Examples They Work, a unique identifying frequency, implanted individuals could be tracked by Analysis Example. ©property Of Synergy, simply dialing up the correct signal. The implantable microchip could be monitored from the police station, a car or perhaps even a helicopter, in Page Template Powerpoint Project contrast to the current tethering device, which only works if the tagged individual remains close to the monitoring unit in his home. Because the receiver is mobile, the tagged individual can be tracked anywhere.

Such devices could also be used to keep a building secure, by ©property Solutions, providing information as to who is in what portion of a building. These problems need to be addressed for implantable microchips to have such capabilities. [66] Post-Implantation Detection Avoidance. For several uses, such as encoding criminal records, persons implanted would find it undesirable that that information be readily available. As quickly as technology for implantation can spring up, evasive techniques can be developed. For example, one might wear certain clothing to block signals or even have the implant removed.

Equipment might be developed which could be held up to the body to decommission the device. Cloaking would be the most rudimentary method of deception. It would be much more difficult to replace a correct chip with a counterfeit. Strict controls and secrecy of Resume Examples. Resume, manufacture would be imposed to ©property Of Synergy Solutions 2009example, prevent this. Product Support Plan Template - Apigram.com! [69] Even if the implant carried only work verification or medical information, mandatory implantation is Analysis Example. Of Synergy 2009example, still needed. [70] Below, the ramifications of mandatory governmentally-imposed implantation will be viewed from the perspectives of common law, constitutional and property rights. Rights Infringed by Microchip Implants.

The right to privacy may be inferred from the 1035 Newsletter Template Images On Pinterest language of the Analysis Of Synergy First , Fourth , Fifth and Ninth Amendments . It has also been established through common law precedents. [72] As early as 1891, Justice Gray of the U.S. Supreme Court indicated that, [n]o right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of Plan Page Powerpoint, others, unless by clear and unquestionable authority of law. [73] Similar sentiments have been echoed by Justice Cardozo in his famous statement that, [e]very human being of adult years and sound mind has a right to determine what shall be done with his own body. [74] The right to privacy defined by Justices Gray and Cardozo is a right to bodily integrity. [75]

However, under the law of some states, a person in a vegetative state must be demonstrated, with clear and convincing evidence, to have earlier expressed a desire to terminate life support under such circumstances before support can be removed. [77] Her difficulty in breathing was damaging to the fetus, and doctors determined that a Cesarean section would give the fetus a greater chance for survival, though she never acquiesced to the surgery. Unfortunately, two hours after the Analysis Solutions 2009example court-ordered C-section the child died; the mother died two days later. The Court of Appeals, in recognizing a right to bodily integrity as illustrated by the right to accept or refuse medical treatment, said that the woman's competent informed decision to not have a C-section should have been honored. [79] The ability to refuse invasive surgery and the ability to hasten death both stem from the concept of bodily integrity. The court in On Construction To Inspire You - In Re A.C. used this technique for, [i]n its analysis, the court balanced A.C.'s interests of privacy and Analysis Example. Solutions 2009example bodily integrity against the state's interest in the potential life of the fetus, by comparing the chances of survival for each. [80] Alternatively, it has been suggested that strict scrutiny is the preferable test to determine whether or not a regulation or requirement impinges upon an individual's right to bodily integrity since the issues involved have such serious consequences. [81] Therefore, some have suggested that the Support - Apigram.com most rigorous of tests, requiring compelling governmental interest and least restrictive means possible, must be applied. Although the compelling governmental interest might be evident, microchip implantation is not the least restrictive means to achieve objectives.

Hence, mandatory implantation would not be legal . [85] Thus, by either mode of analysis, implantation could be precluded because of violation of rights to bodily integrity. Devices described above can be said to impinge upon various constitutional rights, depending on the embodiment. Here we focus on the relation of human microchip implantation to Analysis ©property Of Synergy Solutions 2009example, the Fourth and the Fifth Amendments. [86] The Fourteenth Amendment will be discussed in conjunction with the impingement upon Support Plan Template - Apigram.com property rights. The Fourth Amendment protects individuals from 2009example, unreasonable searches and Product Plan Template - Apigram.com seizures . A type of search which has been frequently tested for Example. ©property, potential violation of constitutional rights is the Sales Customer Service use of electronic surveillance.

In that instance, a bifurcated framework has been used to Analysis Example., analyze which acts of Email Signature (& Why They Work, surveillance constitute illegal searches. This approach considers first the implications of the attachment of the surveillance device and Analysis ©property Of Synergy Solutions 2009example second the implications of continual monitoring once a device is in place. [87] These considerations must also take into Newsletter Template Images On Pinterest News, account the Example. ©property requirements of probable cause and particularity. [88] There must be a definite reason for suspicion necessitating the search, and the search must also be placed within finite limits. In this section, a search will first be defined, then the method of determination of Product - Apigram.com, whether or not a search is constitutional will be explained, and finally the applicability to microchip implantation will be explored. Privacy often has two aspects: their reasonableness [89] Applying these to the hypothetical, just because a pedestrian thinks sidewalk activities are private and precluded from surveillance does not mean that they are. Legally, because of no reasonable expectation of privacy on a sidewalk, observing the pedestrian does not amount to a search for Of Synergy Solutions, Fourth Amendment purposes. Courts have answered that question in the affirmative, terming driving an activity associated with a, diminished expectation of privacy, not a search because [a] car has little capacity for escaping public scrutiny. [90] The same reasoning has also been applied to beepers placed on airplanes, [91] and Best Ordination Service Program Event the use of infrared devices to examine the heat content emanating from buildings. [92] In Winston v. Lee , [93] a robber was shot during an escape of the scene of an attempted robbery.

Shortly thereafter, a man with a gunshot wound was discovered in the vicinity. To confirm that the suspect was connected with that particular robbery, the police wanted to compel surgery to remove the Analysis Example. ©property Of Synergy bullet. Because of the complicated and life-threatening surgery required to remove the bullet, the Supreme Court ruled that the surgery would be an unreasonable search. [94] Alternatively, other decisions have classified these highly intrusive searches as warrantless searches rather than unreasonable ones. [95] Thus, it seems that the courts are unwilling to totally relinquish the power to conduct a highly intrusive search, regardless of the conditions involved. The same reasoning has been suggested as a reason to prevent the collection of blood samples from convicted criminals to obtain DNA for a genetic data bank. [97] However, these arguments have not been successful against the claim that greater restraints on liberties are required for the convicted. The petitioner had been convicted based on improperly-obtained evidence because the safeguard of first obtaining a search warrant before bugging the phone booth had been ignored. On appeal the court stated that, [i]n the absence of such safeguards, this Court has never sustained a search upon Plan On A Page Template Powerpoint Innovation Project the sole ground that officers reasonably expected to Of Synergy 2009example, find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end. [99]

The principles evolved for Fourth Amendment claims can be applied to 9 Quotes You -, microchip implants. The clearest application will be to the embodiment of the device that can read-write and track. Still, read only and read-write devices also implicate Fourth Amendment principles because, once installed, either could be scanned by police to Example. Of Synergy Solutions 2009example, obtain information about the individual. Scanning of the microchip would be considered as a search. Because the 9 Professional Email Examples (& Why They information is vital for the good of society, there is no reasonable expectation of privacy. Proponents of this theory would argue that such information was available and on record already, and that this technology merely increased the speed with which it could be recovered. If these arguments prevail, there would be no search and no Fourth Amendment protection.

In a Doe case, this philosophy was validated for Analysis Example. Of Synergy Solutions, medical information by judges who declared that, Doe has a right to privacy (or confidentiality) in his HIV status, because his personal medical condition is Resume Sales Customer Service Resume, a matter that he is normally entitled to Analysis Example., keep private. [103] Therefore, under Doe, retrieval of Best Ordination Service Program - Church, information from Analysis ©property Of Synergy, a microchip read-write device is a search when the information retrievable is of a type that is Sales Examples. Customer Representative, normally protected. In summation, in any form, interrogation of the microchip implant can be considered a search under the bifurcated analytical framework. Example. Solutions! The Fourth Amendment protections to make a search constitutional could conceivably be met by the government when the search involves certain information from read only or read-write devices.

However, if the Support Template device is used for ©property Of Synergy Solutions 2009example, tracking purposes, it will fail the particularity test and Best Ordination Event thus violate the Fourth Amendment on the grounds that a valid warrant has not been issued. The Fifth Amendment provides, in part, that no citizen, shall be compelled in any criminal case to be a witness against himself. [107] Verbal self-incrimination is commonly understood to Example. ©property Solutions, be covered by the amendment, [108] but it has also been applied to removal of objects from someone's body. [109] [A] person is compelled to On A Page Powerpoint Project Proposal, be a witness against himself not only when he is Analysis ©property Of Synergy Solutions 2009example, compelled to testify, but also when. incriminating evidence is forcibly taken from 9 Quotes On Construction You -, him by Analysis Example. ©property Of Synergy Solutions 2009example, a contrivance of modern science according to Product Plan, a concurrence by Justice Black. [110] Non-verbal communications are not as easily categorized. For example, in Analysis ©property Solutions a case concerning whether or not blood withdrawn from Examples. Service, a suspect could be used to prove intoxication, the court commented that, [s]ince the blood test evidence, although an incriminating product of compulsion, was neither petitioner's testimony nor evidence relating to some communicative act or writing by the petitioner, it was not inadmissible on privilege grounds. [111] Yet later in the same opinion, Justice Brennan tempered the decision in the following manner: That we today hold that the Constitution does not forbid the States minor intrusions into Example. ©property Of Synergy Solutions 2009example, an individual's body under stringently limited conditions in 1035 | Business News no way indicates that it permits more substantial intrusions, or intrusions under other conditions. [112]

Thus, there appears to be some disagreement as to Example., the extent of the reach of the Fifth Amendment's protection as applied to Newsletter Template | Business News, bodily intrusions. However, a common theme in such cases is that the courts examine the difficulty involved in terms of the Example. Of Synergy Solutions level of intrusiveness required to obtain the non-verbal communication, to determine whether it is constitutional. Note that the implantation itself would not be incriminating, but the scanning or tracking of the implant could be. The question which arises is whether or not the act of carrying the implant is self-incrimination. Email Work! According to decisions which require a communicative act such as speech or writing, the implant would not be an example of self-incrimination worthy of Fifth Amendment protection. Yet the carrying of the implant might properly be categorized as a communicative act because the chip would provide for Analysis Example. ©property Solutions, constant communication of location. If the government has the Ordination Service - Church ability to Analysis ©property Of Synergy Solutions 2009example, determine where someone is at all times, that information could be used as evidence in 1035 Best Newsletter On Pinterest | Business the commission of certain crimes. It would be analogous to Analysis ©property Of Synergy, the situation in which a suspect wore a beeper for surveillance 24 hours a day for the rest of his life. [114] In that instance, it might be most properly characterized as self-incrimination and 9 Professional (& Why therefore prohibited by the Fifth Amendment.

Conversely, if the Analysis Example. ©property Solutions implantation were consensual, it could hardly be said to represent self-incrimination because of 9 Quotes On Construction To Inspire You - Isqft, acquiescence. Since the act of scanning or tracking does not involve any life-threatening operation, or serious physical disruption, but rather only the monitoring of an electronic device, it would not be intrusive enough a method to qualify for immunity. Property rights are protected from governmental deprivation without due process by the Fifth and Fourteenth Amendments. [115] Here, we focus on the latter. Analysis ©property Of Synergy 2009example! To determine what is protected by the due process clauses, it is necessary to understand what is meant by the term property. This is constantly refined and expanded by the courts, but basically it refers to a collection of Examples. Service Resume, rights held in ©property Of Synergy a particular object. [116] They may be tangible, as in the case of land or possessions, or intangible, as in Signature Examples Work the case of intellectual property. Property has been defined as every species of valuable right and interest which may be protected by the State. [117] Although the concept of one's own body as one's property has not been embraced by the courts, there is ©property 2009example, some precedent for Resume Customer Representative, that expansion. Analysis ©property Of Synergy Solutions! The law does not provide an overtly obvious method of insulation from bodily intrusions such as mandatory microchip implantation, but it is argued that novel situations require novel applications and expansions of existing legal concepts. Last, the application of the On A Page Powerpoint Innovation Proposal concept of the body as property to 2009example, the use of microchip implantation into humans will be explained.

As explained, the concept of the human body as property is not generally accepted. One reason is fear that if the body were property, one could sell oneself or a portion thereof to another for Template Images News, profit. The basic rights in property include the right to Analysis ©property Of Synergy, transfer it as one wishes. [118] However, those fears could be allayed by specific statutes covering and limiting transfers. Even the 9 Professional Email Examples (& Why They Work transfer of land is Analysis Example. ©property Solutions 2009example, subject to, e.g., zoning restrictions. [119] Another reason for Best Ordination - Church, hesitation to consider the body as property is that it harkens back to slavery. Liberty is Analysis Of Synergy, generally thought to refer to personal rights in conjunction with torts such as battery, assault and Product Support Plan Template false imprisonment. [121] These may be categorized as external events, ones which are not the doing of the Of Synergy Solutions 2009example individual himself, but rather the acts of another against the self. Resume Examples. Representative! Conversely, property rights in one's own body would cover the acts of the self concerning the self. Therefore the liberty interest does not strictly apply, and the property interest in the self could result in a right distinct from the liberty interest.

The importance of this feature will be illustrated below. Evidence for some situations in which the body has been considered as property, or at least as quasi-property, can be found in statutes and court decisions. For example, individuals can have limited rights with respect to the corpse of another, referred to as quasi-property rights. [122] Surviving spouses often have the ability to Example. Of Synergy Solutions, determine how to dispose of the dead. [123] Other rights in Product Support an individual's body are defined by the Uniform Anatomical Gift Act (UAGA) which determines how and to whom gifts of transplantable organs can be made subsequent to the death of a donor. [124] Since one of the rights attached to property is the ability to alienate it, the introduction of the Analysis ©property Of Synergy Solutions UAGA serves as evidence that it is permissible to Best Newsletter Template, have property rights in Analysis ©property Solutions 2009example one's body, [125] though they are statutorily limited. [126]

In York v. Jones, a couple had an Plan On A Page Template Innovation Proposal embryo cryogenically frozen for Analysis Of Synergy Solutions, future use. [127] Later, they wished to transfer it from an 1035 Best Newsletter On Pinterest | Business in-vitro fertilization institute in Virginia to another in California. Analysis Of Synergy Solutions! The Virginia institute refused, citing the Cryopreservation agreement signed by Signature (& Why Work, the couple which specified only one of three fates for cryo-preserved embryos . Inter-institutional transfer was not one agreed upon. The Yorks' argument, adopted by the court, was that the Cryopreservation Agreement was an admission by the Institute that the Yorks had property rights in addition to contract rights in the embryos. [128] Thus, within the confines of a contract, the court was willing to Of Synergy 2009example, recognize property rights in an embryo. The rights or duties entailed by the interim category were not further elaborated upon other than to indicate that the interest of the parents was one of ownership (where they had equal weight in determining the fate of the embryos). [131] In both York and Davis, the emphasis was on an embryo outside of the human body. Property rights exerted, where granted, are still external to the human body. In part of his argument, he claimed that he had property rights in the cells removed from him during the course of his treatment. Because he never agreed that his cells could be used by the researchers to 9 Quotes On Construction To Inspire Isqft, develop a new cell line, he claimed that they had converted his property based on the belief that the cells were still his property (because he had not released them) even after they were removed from his body. [133]

The argument had been accepted by the lower court, but was not confirmed by the California Supreme Court. Instead, that court sustained the Example. Solutions 2009example demurrers of the defendants to Examples. Representative, the cause of Analysis Example. Of Synergy 2009example, action of conversion, citing that the burden that would be placed on researchers to confirm consent before utilization of human body fluids in research would be too great. [134] Here again, the case focused on the ability of one to define products of his body external to himself as his property. Applications of Property Law Concepts. Implantation of Product Support, microchips concerns an internal property interest in the self because placement of the device involves breaking the skin to place a foreign object within the ©property Solutions 2009example body permanently. It may be likened to the use of an artificial eye or a pace-maker.

However, in those cases, the Sales Customer Service Resume implant is desired. Example. Solutions! In the case of the microchip, there is only a convenient accounting system and repository for government information. Thus, new questions such as whether or not property rights can be extended to oneself now arise. York or Davis or other cases concerning reproductive rights and technologies are therefore not the best models for Product Support, the microchip, but they are closest in substance. [136] Additionally, the very closest legally applicable statutory precedent is the Uniform Anatomical Gift Act . Unfortunately, as previously stated, because this Act covers intrusions into self only ©property Of Synergy Solutions after death, it is Email Signature Examples They Work, not directly applicable either. Even if an Example. Solutions amount could be calculated, it is unlikely that the government could give its value in cash because the total amount required for compensation of all individuals would be prohibitively high. 9 Professional Examples! [139] This would ensure that individuals receive compensation for their inconvenience, though the ©property Of Synergy 2009example government may provide nonmonetary compensation which would be less satisfactory.

The Need for Legislation. Although microchip implantation might be introduced as a voluntary procedure, in time, there will be pressure to make it mandatory. A national identification system via microchip implants could be achieved in Sales Customer Service Resume two stages. Upon introduction as a voluntary system, the microchip implantation will appear to be palatable. After there is a familiarity with the procedure and a knowledge of its benefits, implantation would be mandatory. To forestall this, legislative protection for individual rights must be enacted. For example, a recent poll indicates that safeguards would increase by 11% the number of people willing to accept health care identification numbers. [142] First , laws should protect minors. Though a child may be too young to give his own consent, the parents may be allowed to make the decision.

At some age, the child should be allowed to decide whether or not he or she wants to keep the implant. Second , laws should allow an implantee to Analysis Of Synergy 2009example, remove a chip at will. Examples. Customer Service! These safeguards should insure that once implanted, the Analysis Example. 2009example microchip can be removed without further legal action. For example, if the individual enters a contract with a service to store medical records on a microchip, she should be able to end it. That is, a commercial institution should not have the power to insist that the microchip remain, even if only for a short time. Plan Template Innovation! Also commercial parties should not own the implant. Of Synergy 2009example! Once it is in the individual, it belongs to that individual and not the On A Page Template Project Proposal corporation providing the service. In this way, the individual will be free, for example, to remove a chip or reinstall another. [143] That decision should rest solely with the Analysis Example. ©property Of Synergy Solutions 2009example implantee. Thus, an Plan On A Page Template Project outright ban may be the surest form of Analysis ©property Of Synergy Solutions, protection. Short of that, the best way of preventing incipient problems is to 9 Professional Email, protect rights before desensitization.

For example, individuals should have the opportunity to review all records kept on or in connection with microchips [145] and be given the opportunity to correct them. [146] Summary and Conclusion. Three categories of rights are relevant to implanting microchips in humans: common law, constitutional and property. Analysis ©property Solutions! The common law concept of bodily integrity precludes nonconsensual implantation. When microchips constitute a legal search, the Fourth Amendment applies to preclude the government from using devices with read-write and tracking capabilities, but a warrant could legitimize scanning a read only or read-write device. Property rights might be applied to Resume Examples. Customer Resume, prevent intrusion without just compensation. This would seem to require expanding current law, but novel and Solutions 2009example unique situations may spawn novel applications of laws. The time to prevent grievous intrusion into personal privacy by enacting appropriate legislative safeguards is now, rather than when it is too late.

[1] The device is easily implanted by On A Template Innovation Proposal, means of injection through a needle, into the shoulder of the animal. A hand-held or pass-by scanner is used to check the animal for Example. ©property Solutions, the presence of the microchip. Richard Louv, Walking Around With A Chip in its Shoulder, The San Diego Union-Trib., June 15, 1994, at A-2. Simon Davies, Bionic Man Comes of Age, The Times, Oct. 17, 1994. Another scientist speaking on Best Newsletter Template On Pinterest the ethical implications of such a device said [t]here is a risk that the mind could be controlled externally. Id. The British Medical Association has recently begun to examine the ethical implications of intelligent implants. Analysis ©property Solutions! Id. Active implants which have their own internal electronics which can respond directly to neural interconnectivity have also been envisaged by others. Geoff Metcalf, Midnight Radio: Geoff Metcalf interviews Charles Ostman, Mondo 2000, Indian Summer 1996, at 14, 17.

This technology is Plan On A Page Template Proposal, currently undeveloped and will not be treated. So it is conceivable that an individual's death would not be reported to Example. Solutions 2009example, the Social Security office, and that number could subsequently be conveyed to another for identification purposes. Thus, the SSN has very large loopholes both in Best Newsletter Images On Pinterest | Business News the use of Example. 2009example, counterfeit breeder documents and in the continued fraudulent use of numbers which should be decommissioned due to death, which allow for deception in identification and make it a poor universal identifier. However, in Resume Customer Service Representative the case of worker verification, counterfeit chips would play a part, if only those eligible to work had implants. To become eligible one need only have a counterfeit implant inserted. The government would have to take steps to insure that the microchip was not readily counterfeited. Thus, even if the microchip was only used to carry medical information or worker verification information, the government would find administration of a microchip implantation program simplest if all citizens were to be implanted.

See, e.g., In re: Lacey, 189 W. Example. Of Synergy Solutions! Va. - Apigram.com! 580 (Ct. App. W.Va. 1993), and In re S.S.J., 634 So. 2d 198 (Fla. Dist. Ct. App. 1994). Government has already expressed an interest in at least encouraging the implantation by increasing welfare payments to women who have the implant in proposed legislation.

This could foreshadow a mandate. Karin E. Wilinski, Involuntary Contraceptive Measures: Controlling Women at Example. Solutions 2009example, the Expense of Human Rights, 10 B. U. Int'l L. J. 351, 362 (1992). The right of the people to be secure in their persons, houses, papers, and effects, against Best Images | Business, unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Of Synergy, oath or affirmation, and Customer Service Resume particularly describing the place to be searched, and the persons or things to Solutions 2009example, be seized. [89] A beeper had been placed on a container of chloroform that was sold to Plan Page Template Innovation Proposal, an individual suspected of using the ©property chemical to manufacture illegal drugs. Because the moving of the drum by the suspect outdoors was an activity with no reasonable expectation of privacy, the use of 9 Professional Email Work, a beeper was not ruled to Example. ©property, be a search. United States v. Knotts, 460 U.S. 276, 280 (1983). [90] Id. at 281 (citing Cardwell v. On A Template Project! Lewis, 417 U.S. 583, 590 (1974)).

Upon endoscopy, a surgical procedure, a plastic bag filled with heroin was retrieved from his stomach. The court ruled that the actions of the police to perform an endoscopy violated the suspect's Fourth Amendment rights because the Analysis Example. Of Synergy Solutions 2009example endoscopy exceeded the Work scope of what any reasonable police officer would believe to be authorized by the search warrant. United States v. Nelson, No. 93-3628, 93-3848, 1994 WL 526111 (8th Cir. Sept. 29, 1994).

Thus, the individual could demand removal of the device on the basis that it contributed to or worsened some illness in his body, should the legislative protections and banning attempts fail.

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