Bait and Switch on Nevada AB226 – Article by R. Nicholas Starr

Bait and Switch on Nevada AB226 – Article by R. Nicholas Starr

R. Nicholas Starr


TL;DR – Nevada Assembly Bill 226 is an attack on bodily autonomy hidden in a good idea.

On February 22nd, 2019, Assemblyman Skip Daly (D-Sparks) presented AB226 for review and debate. The act, in its original form, is a good thing. It prevents against forced implantation of a “microchip or other identifying marker”, punishable as a class C felony (up to 5 years in prison and/or $10,000 fine). Fantastic! No one should be forced to do anything to their bodies they don’t want to do! But on March 4th Daly proposed an amendment  to his own bill that also bans VOLUNTARY implantation. This is a staggering attack on bodily autonomy and self determination. To be clear, the exact language of the bill and amendment is below.

1. An officer or employee of this State or any political- subdivision thereof or any other person shall not~

(a- original language) Require another person to undergo the implantation of a microchip or other permanent identification marker of any kind or nature. 

(b- amendment) Establish or participate in a voluntary program for the implantation of a microchip or other permanent identification marker of any kind or nature.

2. A person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

3. Each day or part of a day during which a violation of this section is continued or repeated constitutes a separate offense.

First of all, I find this amendment suspicious. Why would the original author amend his own bill that he said was inspired by a company’s voluntary program? It appears to me that the amendment’s ban on voluntary implantation was always the intent, but Daly knew that it would never pass on its own. And he’s right! Such a blatant attack on a person’s bodily autonomy, even under the pretense of privacy concerns, would certainly create resistance. And let’s be clear, today’s implants pose no privacy threat. They actually help maintain an individual’s privacy and data security. We also aren’t talking about dangerous devices or chemicals. These implants are extensively tested and biosafe. Any attempt to say otherwise is either deliberate, or ignorant, fear mongering.

The consequences of violating this act, in its amended form, are also extreme. I certainly support felony charges against a person forcing implantation on another. But voluntary implantation carrying the same punishment? That is beyond extreme. Let’s examine Sections 2 and 3 in a realistic scenario. DEF CON, an annual conference held in Las Vegas, has hosted biohacking and implantation during the event since 2015. Indeed, many have traveled to the conference to get their implants. If each implant is a separate offense, and each offense carries a maximum prison sentence of 5 years’ imprisonment, the person performing the implantations could effectively earn a life sentence by lunch! All for agreeing to implant a biosafe tag in a person who volunteered and given their informed consent. 

Bodily autonomy and free determination: these are human rights that guarantee control over your own body. Getting “chipped”, or not, has always been a choice left to the individual with zero known incidents of forced implantation. Mr. Daly’s concern, while appearing noble on the surface, has no basis in reality, but rather arises out of fear and fiction. Sadly, those are two things easily sold these days. Let’s make sure we set the record straight and prevent a crisis where it doesn’t exist.

Ryan Starr (R. Nicholas Starr) is a member of the U.S. Transhumanist Party / Transhuman Party and the founder of the Transhumanist Party of Colorado

 

8 thoughts on “Bait and Switch on Nevada AB226 – Article by R. Nicholas Starr

  1. I would certainly attend and stand up for an individual’s right to implant. However when I do my own internet search I cannot find any amendment that you are speaking of anywhere except on this page. Can you please provide a legitimate link? A copy and paste photo on your page is not legitimate.

    1. Here is the link to the amendment proposed by Assemblyman Daly: https://www.leg.state.nv.us/App/NELIS/REL/80th2019/ExhibitDocument/OpenExhibitDocument?exhibitId=36967&fileDownloadName=0304AB226_dals_amend.pdf

      You can go to the following page – https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6394/Exhibits – and download the attachment under “Exhibits”. That is the amendment proposed by Assemblyman Daly.

      Under the Meetings section – https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6394/Meetings – you can watch an archived video recording of the March 4 hearing on AB226.

      I hope this helps.

      Sincerely,
      Gennady Stolyarov II,
      Chairman, United States Transhumanist Party / Transhuman Party

  2. I feel it’s reasonable to note that this amendment only applies to state employees & officers, not any member of the public.

    While it does represent a potential slippery slope, there are many other regulations that government employees at all levels are required to abide by that the general public isn’t. So this would not be a felony for the folks at DEFCON unless the implanter also works for the state government.

    1. Jared V: The language in the bill which states “or any other person” in the preface to Subsection 1 would apply the prohibition to any individual, not just a government employee. Assemblyman Daly explained during his March 4 testimony that this is a technicality. Under the Nevada Revised Statutes, the definition of “person” does not include “An officer or employee of this State or any political subdivision thereof” – so the bill drafters had to specify both of those terms to make the prohibition all-encompassing.

      Sincerely,
      Gennady Stolyarov II,
      Chairman, United States Transhumanist Party / Transhuman Party

  3. I wish I had seen the reply last night so I could have attended the meeting this morning ( if that is a possibility for the public. ) I imagine that someone reading did though…

    What happened with the proposed amendment at the meeting this morning?

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