The FTC Votes Unanimously to Enforce Right to Repair

Repair advocates say consumers should have access to all of the data that their personal devices collect, and that independent repair shops should have access to the same software diagnostic tools that “authorized” shops have.“I urge the FTC to use its rulemaking authority to reinforce basic consumer and private property rights, and to update it for the digital age, as manufacturers seek to turn hundreds of millions of owners of technology into tenants of their own property,” said Paul Roberts, the founder of Securepairs.org, during a public comments section of today’s FTC meeting. John Deere, one of the world’s leading tractor makers, has issued statements saying that it “does not support the right to modify embedded software due to risks associated with the safe operation of the equipment, emissions compliance, and engine performance.”During the comments portion of the FTC hearing today, a representative for the Outdoor Power Equipment Institute claimed that “Right to Repair legislation fails to consider consumer safety and environmental protection with respect to our industry’s products … as an example, it would allow for modification of and tampering with safety controls of powered lawn mower blades required under law by the CPSC, as well as emissions controls required under law by the EPA.”Carl Holshouser, senior vice president at TechNet, a trade group that has represented companies like Microsoft and Apple, wrote in an emailed statement to WIRED that “the FTC’s decision to upend an effective and secure system for consumers to repair products that they rely on for their health, safety, and well-being, including phones, computers, fire alarms, medical devices, and home security systems, will have far-reaching, permanent impacts on technology and cybersecurity.”And ahead of the vote today, the Consumer Technology Association—which hosts the annual CES tech bonanza in Las Vegas—sent a letter to the FTC commissioners urging collaboration, rather than an “extensive rulemaking process,” citing intellectual property rights as a thorny issue at the heart of Right to Repair.It’s worth noting, however, that in the FTC’s report in May, which was the culmination of data gathered after the commission hosted a “Nixing the Fix” panel in 2019, the FTC said there was “scant evidence to support manufacturers’ justifications for repair restrictions.” The report detailed a number of instances in which manufacturers may have overstated the risks of thermal runaway (read: batteries catching fire) or personal data breaches tied to device repairs.For now, the FTC’s policy statement is a giant underscore for existing laws, while dozens of states consider Right to Repair bills at the state level.