Difference between revisions of "Electronics Right to Repair"

Revision as of 22:31, 25 January 2023

Right to Repair

Electronics Right to Repair is a movement that aims to provide consumers approachable and economical means to repair their electronic devices. While consumers currently have the right to repair their own devices, and there are many independent (not manufacturer-authorized) repair shops across the U.S., consumers and independent repair technicians often struggle to successfully perform repairs due to their inability to access replacement parts, service manuals, and diagnostics tools. In addition, some manufacturers, such as Apple and Samsung, impose software barriers that may limit the functionality of devices with repaired or replaced hardware components^[1].

The benefits of Right to Repair generally include increased competition in the repair market and the reduction of electronic waste. As a result, accessibility and affordability of repair services would improve, and the total cost of owning and utilizing electronic devices would decrease.

However, the adoption of Right to Repair — especially legislative efforts that mandate its adoption — has faced opposition from major lobbying groups representing consumer electronics manufacturers. They often argue that providing parts, tools, and diagnostic software compromises security features of consumer electronics devices, hence granting third parties access to such information may put their users and their users' personal data at risk^[2]. Manufacturers may also claim that "unauthorized" repairs done by independent repair providers may violate copyright laws and their rights to their proprietary software and hardware components. However, such claims are rarely grounded in law, as manufacturers typically do not have rights to control property sold to consumers beyond the sale. In December 2016, the U.S. Copyright Office (USCO) concluded that U.S. copyright laws do not restrict the repair of devices, and that repair does not constitute an infringement of copyright laws^[3].

Benefits of Right to Repair

Ensure accessible and affordable repairs

Repairing electronic devices with minor failures and extending their lifespan is considerably more cost-effective than replacing them, according to an estimate performed by the U.S. Public Interest Research Group (US PIRG). Repair could reduce household spending on electronic devices and appliances by 22 percent, which would save an average American household approximately $330 per year. In other words, across 122 million American households, repair could save Americans $40 billion annually.

With a robust repair ecosystem of both manufacturer-authorized and independent repair providers, and more people in local communities serving as independent repair technicians and performing repairs, the cost and speed of repair services are expected to decrease. However, if manufacturers restrict independent repair, repair turnaround and costs will remain high, and consumers would purchase replacement devices instead of replacing their existing ones^[4].

Reduce electronic waste (e-waste)

It is believed that the widespread availability of economical repair options can help reduce electronic waste. Right-to-repair advocates, such as Nathan Proctor from the U.S. Public Interest Research Group, argue that reuse and repair of usable technology should be preferred over recycling, as reuse generates substantially less e-waste and reduces the carbon footprint associated with manufacturing, use, and recycling of devices. Therefore, repair and reuse are considered to be more environmentally friendly.

Currently, many consumers may choose to dispose of devices with minor malfunctions and replace them over repairing failed devices, due to the lack of economically viable repair options. A web-based survey about how consumers understand repair conducted by Dr. Aaron Perzanowski — Professor of Law at the University of Michigan Law School — in 2020 found that 86% of respondents (N=838) had replaced, discarded, or recycled a smartphone or tablet due to common hardware failures. Amongst such failures, display damages and battery issues are the most prevalent, and both of these malfunctions are easily repairable^[5].

Consumers' decision to replace instead of repair has considerable environmental consequences. Mining and refining raw materials, manufacturing parts, assembling, and shipping completed electronic devices consume substantial amounts of energy and create significant carbon footprint. All combined, nearly 70% of the carbon emission associated with an electronic device is generated during its production. Furthermore, e-waste is the fastest growing waste category on Earth, and its recycling is far from ideal. Only about 20% of e-waste is properly recycled^[6]. The majority are often disposed of in landfills, where hazardous chemicals — including lithium, mercury, and lead — are released to the environment^[7].

Current challenges to repairing electronic devices

In 2019, the Federal Trade Commission (FTC) authored a report on electronics device manufacturers' restrictions of repair, titled Nixing the Fix. In this report, the FTC uncovers several issues regarding the accessibility of repair, including^[8]:

• Applying excessive amounts of adhesives, which makes it difficult to disassemble devices.
• Limiting availability of parts, manuals, and diagnostics software to the manufacturers themselves and their global network of authorized repair providers.
• Restricting access to telemetry data, such as logs generated during the normal operation of devices.
• Unlawfully asserting patent rights and enforcing trademarks.
• Discouraging the use of non-OEM parts and independent repair services.
• Using Digital Rights Management (DRM), technical protection mechanisms (TPM), and other forms of software restrictions.

Right to Repair in the United States

State legislation

As of January 2023, 27 U.S. states have introduced some form of Right to Repair legislation. These bills would mandate manufacturers of electronic equipment to respect the Right to Repair by providing access to replacement parts, service manuals, diagnostics and other special tools needed for device repairs. Although not all states' proposed Right to Repair bills apply to electronic devices, as some specifically target agricultural or medical equipment, bills proposed in the vast majority of the 27 states apply to a broad range of equipment, including electronics devices^[9].

Orange-colored states have introduced Right to Repair bills as of March 2021.

State-level legislative effort has not been very successful. Although over half of U.S. states have introduced Right to Repair bills, few has been passed and signed into law.

In June 2022, New York became the first state passing a Right to Repair bill. The Digital Fair Repair Act (New York Senate Bill S4104A) passed through both legislative chambers in New York nearly unanimously, and Governor Kathy Hochul signed an altered version of the Act into law on Dec 29, 2022^[10]. The bill has been highly praised by the Federal Trade Commission, but it has faced pushbacks from device manufacturers. As a result, the signed version has been edited in several ways, and it is considered to be weaker than the original version passed by New York legislatures. The amended version only applies to devices first sold after June 1, 2023, and allows device manufacturers to provide assemblies of parts rather than individual components^[11]. Nonetheless, the bill has received acclaim from right-to-repair advocates, as the access to repair parts and tools (which is now required in New York) cannot be easily contained to one state^[12].

Federal Trade Commission (FTC)

The FTC's 2019 report Nixing the Fix details the hardships repair restrictions create for consumers and businesses, and the Commission is concerned that such burden is borne heavily by low-income families and small businesses. As a result, the FTC is in favor of competition in repair services and supporting independent repair. Providing more choices in repair can enable timely and economic repairs, reduce e-waste, and provide opportunities for entrepreneurs and local businesses^[13].

In absence of legislation, FTC rules can offer consumers and independent repair technicians some amount of Right to Repair. For example, the FTC could implement a "fair repair" rule that requires electronics device manufacturers to and sell replacement parts and provide diagnostics software to the public^[14].

On July 21st, 2021, the FTC voted 5-0 and unanimously approved a policy statement aimed at restoring the Right to Repair for all. The Commission plans to strengthen law enforcement against repair restrictions that prevent individuals from fixing their own devices ^[15].

FTC Chair Lina M. Khan stated this during an open Commission meeting:

These types of restrictions can significantly raise costs for consumers, stifle innovation, close off business opportunity for independent repair shops, create unnecessary electronic waste, delay timely repairs, and undermine resiliency. The FTC has a range of tools it can use to root out unlawful repair restrictions, and today’s policy statement would commit us to move forward on this issue with new vigor.

President Biden

On July 9th, 2021, U.S. President Biden signed Executive Order 14036, Promoting Competition in the American Economy^[16]. The Order, mainly aimed to improve competition in the American economy, condemns manufacturers' anticompetitive behaviors that restrict self-repair or independent repair services^[17].

See also

• iFixit: How to Get Involved with Right to Repair
• Louis Rossmann

References

1. ↑ Purdy, K. (2019, October 29). Here are the secret repair tools apple won't let you have. iFixit. Retrieved January 21, 2023, from https://www.ifixit.com/News/33593/heres-the-secret-repair-tool-apple-wont-let-you-have
2. ↑ Reinauer, A. (2022, April 7). "Right to Repair" Bill is a move in the wrong direction. Competitive Enterprise Institute. Retrieved January 24, 2023, from https://cei.org/blog/right-to-repair-bill-is-a-move-in-the-wrong-direction/
3. ↑ The Repair Association. Learn about the right to repair. The Repair Association. Retrieved January 21, 2023, from https://www.repair.org/stand-up
4. ↑ Repair Saves Families Big. U.S. PIRG. (2021, January). Retrieved January 22, 2023, from https://pirg.org/wp-content/uploads/2022/08/Repair-Saves-Families-Big_USP_Jan2021_FINAL1a.pdf
5. ↑ Perzanowski, Aaron (2021) "Consumer Perceptions of the Right to Repair," Indiana Law Journal: Vol. 96: Iss. 2, Article 1. https://www.repository.law.indiana.edu/ilj/vol96/iss2/1
6. ↑ Stone, M. (2021, November 11). Could letting consumers fix their iPhones help save the planet? Grist. Retrieved January 24, 2023, from https://grist.org/article/could-letting-consumers-fix-their-own-iphones-help-save-the-planet/
7. ↑ Wisniewska, A. (2020, January 10). What happens to your old laptop? the growing problem of e-waste. Financial Times. Retrieved January 24, 2023, from https://www.ft.com/content/26e1aa74-2261-11ea-92da-f0c92e957a96
8. ↑ Policy Statement of the Federal Trade Commission on Repair Restrictions Imposed by Manufacturers and Sellers. Federal Trade Commission. Retrieved January 22, 2023, from https://www.ftc.gov/system/files/documents/public_statements/1592330/p194400repairrestrictionspolicystatement.pdf
9. ↑ Proctor, N. (2021, March 10). Half of U.S. states looking to give Americans the right to repair. PIRG. Retrieved January 21, 2023, from https://pirg.org/articles/half-of-u-s-states-looking-to-give-americans-the-right-to-repair/
10. ↑ Waddell, K. (2022, October 3). A New State Law Could Make It Easier to Fix Your Electronics — But It’s in Limbo. Consumer Reports. Retrieved January 22, 2023, from https://www.consumerreports.org/right-to-repair/new-state-law-could-make-it-easier-to-fix-your-electronics-a1914917475/
11. ↑ Clukey, K. (2022, December 29). NY becomes first state with electronics right to repair law. Bloomberg Law. Retrieved January 22, 2023, from https://news.bloomberglaw.com/environment-and-energy/ny-becomes-first-state-to-pass-electronics-right-to-repair-law
12. ↑ Waddell, K. (2022, October 3). A New State Law Could Make It Easier to Fix Your Electronics — But It’s in Limbo. Consumer Reports. Retrieved January 22, 2023, from https://www.consumerreports.org/right-to-repair/new-state-law-could-make-it-easier-to-fix-your-electronics-a1914917475/
13. ↑ Policy Statement of the Federal Trade Commission on Repair Restrictions Imposed by Manufacturers and Sellers. Federal Trade Commission. Retrieved January 22, 2023, from https://www.ftc.gov/system/files/documents/public_statements/1592330/p194400repairrestrictionspolicystatement.pdf
14. ↑ Wiens, K. (2021, July 13). The Biden administration thinks you should be allowed to fix the things you buy. The Washington Post. Retrieved January 21, 2023, from https://www.washingtonpost.com/outlook/2021/07/13/biden-ftc-right-to-repair/
15. ↑ FTC to ramp up law enforcement against illegal repair restrictions. Federal Trade Commission. (2021, July 21). Retrieved January 21, 2023, from https://www.ftc.gov/news-events/news/press-releases/2021/07/ftc-ramp-law-enforcement-against-illegal-repair-restrictions
16. ↑ Promoting Competition in the American Economy. Federal Register. (2021, July 9). Retrieved January 21, 2023, from https://www.federalregister.gov/documents/2021/07/14/2021-15069/promoting-competition-in-the-american-economy
17. ↑ Wiens, K. (2021, July 13). The Biden administration thinks you should be allowed to fix the things you buy. The Washington Post. Retrieved January 21, 2023, from https://www.washingtonpost.com/outlook/2021/07/13/biden-ftc-right-to-repair/