New Bill Will Prevent Employers From Forcing Microchip Implants on Employees

In a turn of events that feels lifted straight from the pages of a fantasy thriller, a new bill in Washington State would prevent employers from forcing their employees to get microchip implants. If that sounds like a dream for the future, it is. We don’t yet live in a world where cybernetic implants are readily available without medical testing, let alone widely available. The first human trial of Neuralink came and went without much in the way of expansion. If anyone’s boss has dreamed of recording employees to track and control them, thankfully they don’t have a way to make those wishes come true — just yet. So, why the urgency of Washington’s elected officials?

The bill, which has passed both chambers of the state Legislature, is now sitting on Governor Bob Ferguson’s desk, awaiting his signature. If signed, it would prevent employers from authorizing or forcing their employees to get microchips implanted under their skin that could identify them personally or interfere with their privacy. The law makes it clear that people will be allowed to get microchip implants on the basis of personal preference and informed consent, and exempts both medical implants and non-implanted devices such as wearable technology (smart watches, rings, etc.). Here’s what the bill will do when it’s signed into law, and why it shouldn’t be swept away as it seems disrespectful at first.

Given its future ambitions, the Washington bill banning mandatory microchipping of workers is limited. The bill defines a microchip as “a product, device, or technology that is implanted under the skin of a person’s body and contains a unique identification number and personal information that can be noninvasively retrieved or transmitted through an external scanning device.” Under this definition, an implanted chip would need to be identifiable and identify the person inserted in order to break the law. There is also a broad carve-out for medical devices, as long as the device is used for medical purposes only.

In other words, if you’re one of those people who has an electromagnet implanted in your skin for the purpose of sensing electrical fields – the so-called biohacking technique that’s been available for the better part of a decade – nothing in the text of this bill seems to prevent you from requiring your employees to do the same. And the law clearly states that it only applies to subcutaneous implants, meaning devices placed “under the skin,” which add carve-outs to bracelets and other wearables. If your boss wants to track you with an Apple Watch instead of a Neuralink, that may be his right if there is no other law that can be used against that authority. Anyone whose rights are violated by a microchip employer can bring a civil suit for protection, as well as actual and punitive damages.

At the time of this writing, there are no sophisticated microchip implants of the type you would see in “Black Mirror” available to the public. The closest thing may be Neuralink, the brainchild of Elon Musk that has been investigated for possible animal cruelty as it tries to bridge the gap between human consciousness and computer communication. Other programs have been tested for those with serious medical conditions such as ALS. The unifying factor is that the people who have had their natural abilities augmented by implants have all been participants in very limited experiments and studies.

However, there are plenty of less powerful implants on the market. They are wanted by a small community of transhuman futurists who call themselves biohackers. Most of these chips have a single function, such as an NFC or RFID implant that works as a key to a house or office, or as a tapping chip to pay at terminals. In a profile of the biohacking community, ABC reported that these types of microchips are nominally led by the DIY community and do not have FDA approval. However, they may fall under Washington’s anti-spam bill, as keys and payment cards are self-identifying.

But given the speed at which other technologies have accelerated, Washington may be ahead of the curve. For decades, AI has been producing useful but earth-shattering innovations. But when ChatGPT arrived, it started the Cambrian explosion in productive AI that is now transforming our society in unexpected and often strange ways. Since there are no laws to prevent cases of improper use, current AI technology leads to some bad situations. Over time, DIY biohacking could become a multi-billion dollar industry, and the citizens of Washington would soon be protected from its externalities.