Wireless Electricity: It's Here, Almost...

by Dan Minutillo, Partner

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Silicon Valley has many faults, including high housing costs, too many people shopping with motorized, self-driven, camera-laden, self check out shopping carts, and an annoying abundance of self-driven Teslas on the roads waiting to ram you. But,  if you want to experience the thrill of victory or the agony of defeat, look no further. The incubators that line the golden roads of the Valley tell us in no unequivocal terms the next winners and losers in the high-stakes game of disruptive technology.

And the next winner is… the transmission of electricity transferred wirelessly for commercial use. The technology is here, but so is a multitude of legal issues which will fill the Code of Federal Regulations and the courts. Litigation and required legal advice regarding Chat GPT is kids’ play compared to this.

WHAT IS WIRELESS ELECTRICITY

Radio-frequencies (RF) can be used as a conduit to transmit electricity without wires as a physical requirement for transmission. You will be able to turn on a lamp in your home, but that lamp will not be plugged into an electricity-transmitting plug in the wall. No wires, no mess, no fuss but the potential for a massive amount of RF pulses surrounding you.

RISK AND REWARD

A small group of scientists and engineers worldwide truly understand the intricacies, potential dangers, and associated risks regarding cutting-edge RF technology used to transmit electricity. Most people do not want to understand this technology, but many believe this invisible pulse can harm their health, even in small doses, whether this belief is realistic or not. Fear generates legal standards set by the US Congress and legal services provided by attorneys worldwide.

THE GOVERNMENT

How will US Government contracts speed the implementation of the wireless transmission of electricity in homes? Will usual tort protections and disclaimers adequately protect inspired companies performing on these contracts? What will disclaimers look like if you implement wireless technology in your home or business facility? How deep is liability and disclaimer protection from tort claims by a person exposed to RF pulses? Who is exposed to such liability, and who is the claimant? Will common law concepts and statutory definitions of a “visitor,” “invitee,” and “licensee” still be applicable regarding liability for a user of this RF technology?

INTERNATIONAL TRADE

From an international trade viewpoint, will the US and other Governments be able to keep up with the anticipated rapid changes to the wireless transmission of electricity, or, as for years regarding the classification of encryption technology, will Governments lag behind technical improvements in this technology? Will export licenses be required to move this technology from country to county if the technology is in the form of edgy obscure concepts modifying publically available information?

RISK

Advancements in this technology will be quick and profound, just as advances in the use of Bluetooth, artificial intelligence, predictive chat, and other cutting-edge technology. Silicon Valley money comes to those on the edge, advancing ideas, concepts, and processes. Will world governments or world courts lead the way to protect inventors, distributors through and including end-users?

If you are a facility manager for a large company or a homeowner, before you implement wireless technology in your facility or home, realize possible tort liability, imagined or not; triple check your insurance policy to ensure any liability is covered and, most importantly, be convinced that this increase in RF transmission is not a health risk.

If you are an export manager for a company, don’t fall into the trap of claiming that this infant technology that transfers electricity wirelessly is EAR99, basically an unregulated technology. It is and will be, more stringently regulated under various export rules worldwide.

Though you will not be able to see electricity transmitted wirelessly at your business facility or home, you will experience the legal effect related to this technology if you are not diligent before implementation or the export of it.