Biden issued an executive order on maintenance rights

Lobbyists and trade groups from large technology companies and equipment manufacturers have long believed that increasing consumers’ use of the tools needed to repair products, whether it is smartphones or cars, will bring safety risks. As more and more products are connected to the Internet, and a software element has been added to repairs that may have only required replacement parts in the past, the debate has become particularly intense.

The link to a news report in the White House fact sheet that supports its argument that competition is blocked specifically points to issues related to cell phone repairs, but the language of the order itself urges the FTC to discourage DIY repairs by restricting “technical and other” companies. This language suggests that the FTC’s regulatory goals will be much larger than the equipment in your pocket.

In an email response to the executive order, a spokesperson for John Deere stated that the company “is an industry leader in providing maintenance tools, spare parts, information guides, training videos, and manuals required to use our machines.” The spokesperson also said that although less than 2% of tractor repairs require software updates, the company still does not support the right to modify embedded software “because of the risks associated with the safe operation of the equipment.”

Tighten the screws

The Proctor of PIRG in the United States pointed out that it may take some time for the FTC to start implementing the new maintenance law, and stated that the process of formulating the rules “is not always fast.” He cited an example. The FTC finally determined a rule on “Made in the USA” labels that were incorrectly applied to products that were not made in the US. (Congress first enacted legislation around the “Made in America” ​​claim in 1994, but over the years, the two parties have agreed that such fraud should not be severely punished. Just last week, FTC sets the rules Violators will be punished. )

“The right to repair is more complicated than this. If this is just an indication of rulemaking, it may start another long process,” Proctor said. “However, I hope this is a mechanism that allows us to get where we need it faster.”

Sheehan of iFixit is more optimistic that the FTC may move quickly on the right to repair, partly because of the agency’s recent Introduced a series of changes Designed to simplify the rulemaking process-partly because the order came directly from the White House. “Obviously, we want the agency to act quickly, and the pressure from the Biden administration does make this more possible,” Sheehan said.

A spokesperson for the US Federal Trade Commission declined to comment directly on the matter, but instead pointed to a statement from the White House and a report issued by the committee in May.

In the report, the US Federal Trade Commission concluded that products have actually become more difficult to repair and maintain, and “restrictions on repairs… lead consumers into the manufacturer’s repair network to replace products before the end of the product’s useful life.” The FTC also pointed out that maintenance restrictions may also “bring a greater economic burden on people of color and low-income American communities.”

However, the FTC also warned in its May report that the right to repair is a complex issue. Whether it is through industry initiatives or legislation to expand the scope of consumers’ repair options, it “will raise many issues that need to be reviewed.”

Ultimately, the maintenance rights struggle may continue at the state level, and advocates plan to continue to lobby Congress for change.

“I think that depending on the scope of the FTC rules, this may not be a substitute for what Congress and the states can do,” Sheehan said.Up to 25 states Legislation on maintenance rights has been considered this year, but this certainly does not mean that these state bills will be signed into law. Some states have enacted what Sheehan calls “laws related to maintenance,” including California, Rhode Island, and Indiana. Currently, Massachusetts is the only state with an official auto repair rights law. It once again won the vote with a large score in 2012 and 2020. Despite the opposition From an alliance of major automakers.

“No matter what rules the FTC adopts, it will be enforced by the FTC,” Sheehan said. “Although state legislation can be enforced by the state attorney general, sometimes they have more leeway or more resources to focus on these things than the Federal Trade Commission might do in the context of all the many other priorities.”

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