Article 67AHW After Dumb Lobbying Delays And Ample Watering Down, NY Passes Landmark ‘Right To Repair’ Bill

After Dumb Lobbying Delays And Ample Watering Down, NY Passes Landmark ‘Right To Repair’ Bill

by
Karl Bode
from Techdirt on (#67AHW)
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New York State has finally passed a landmark right to repair" bill proving American consumers some additional protection from repair monopolies. After some annoying delays created by lobbyists, New York State Governor Kathy Hochul signed the legislation on December 29.

The legislation gives New York consumers the right to fix their electronic devices themselves or have them repaired by an independent repair shop, instead of being forced to only obtain repairs through costly manufacturer repair programs. Groups like Consumer Reports were thrilled:

Marta Tellado, president and CEO of Consumer Reports, said, This landmark law will save New Yorkers money, provide them with more convenient repair options, and cut down on waste. When your device is broken, you should have more options than a high-priced service or the landfill. The Digital Fair Repair Act will ensure that New York consumers have the choice to fix their own electronic products or have them fixed by a servicer they choose, including those independent of the manufacturer.

The final version of the bill enjoyed rare bipartisan support, passing the state assembly 147-2 and the senate 59-4. To make this happen, the bill doesn't include vehicles, home appliances, farm equipment or medical devices - all sectors rife with obnoxious attempts to monopolize repair via DRM or by making diagnostics either expensive or impossible.

The final version of the bill stalled on Hochul's desk as lobbyists attempted to weaken it further. With some success; according to Gothamist reporter Jon Campbell, the final bill strips away language requiring that manufacturers provide consumers, all passwords, security codes, or materials to override security features," as well as some additional intellectual property protections demanded by industry.

There are also some additional restrictions that force consumers to buy entire repair assemblages" instead of being able to buy just the independent parts they need, which advocates say further undermines the law (imagine being forced to buy an entire computer motherboard when just a single component is broken):


It's still a meaningful win, especially given the massive, well-funded, cross-industry opposition to the bill. Right to repair coalitions put it this way:

Repair supporters are justifiably upset that the law signed bears little resemblance to our original. The governor never made a statement of her intent, but it's clear now that she never wanted the bill to include more than cell phones and laptops purchased at big box stores. At the same time, we know that lobbyists had her ear - and TechNet in particular has clearly had the most influence. But it still moves the ball forward so we'll take our fight to the next level elsewhere.

So it's nowhere near the landmark bill it professes to be, but it's still a step forward. While it's been a fairly dark decade for U.S. consumer rights, the right to repair" movement's shift from niche to mainstream continues to be one of the more promising trends in recent memory.

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