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New York Governor Signs Modified Right-to-repair Bill at the Last Minute
Bill passed the state legislature with overwhelming majorities over the summer:
New York state governor Kathy Hochul has signed the Digital Fair Repair Act into law, months after it had passed both chambers of the state's legislature with overwhelming bipartisan majorities. The bill had originally passed in June, but it was only formally sent to Hochul's desk earlier this month; the governor had until midnight on December 28th to sign the bill, veto it, or allow it to pass into law without her signature.
The Digital Fair Repair Act is the country's first right-to-repair bill that has passed through a state legislature (as opposed to being implemented via executive order), and has been hailed as "precedent-setting" by right-to-repair advocacy groups like iFixit. The law will require companies to provide the same diagnostic tools, repair manuals, and parts to the public that they provide to their own repair technicians.
But tech industry lobbyists and trade groups like TechNet had already worked to weaken the law as it made its way through the state legislature, and the bill as signed by Hochul contains even more conditions and exceptions, ostensibly added to address the governor's concerns about "technical issues that could put safety and security at risk, as well as heighten the risk of injury from physical repair projects."
"This is a huge victory for consumers and a major step forward for the right to repair movement," wrote iFixit CEO Kyle Wiens. "New York has set a precedent for other states to follow, and I hope to see more states passing similar legislation in the near future."
"The right-to-repair bill that I've spent seven years of my life trying to get passed in my home state got fucked," said activist Louis Rossmann in a video explaining Hochul's changes to the bill. "And it's funny, it got fucked in the exact manner that I thought it would... Because it getting passed without being tainted or screwed with would actually be good for society, and that's not something that [the] New York state government is going to allow to happen."
New York Passes Right To Repair Bill, However Last Minute Changes Make It Useless For Most Consumers
New York Passes Right To Repair Bill:
New York's bill is meant for small electronic devices, with things like home appliances, vehicles, medical devices, and off-road equipment exempted by name. It aims to give consumers access to things that could help them self-repair things they've purchased, such as manuals, diagrams, diagnostic tools, and parts.
Companies have also preempted the rise of right to repair programs by bringing in or planning their own self-repair schemes. Samsung, which has paired with iFixit, launched its right to repair program in early 2022. Apple promised a right to repair program was on its way back in 2021 before launching it several months later. Companies like Apple have also been steadfastly against the implementation of any kind of right to repair law, preferring to retain a lot of control over how their devices can be serviced. New York's new bill could leave a lot of that control in the hands of manufacturers instead of empowering device owners like it was supposed to.
Despite the bill being signed into law, there has been plenty of suggestion that the amendments have left it neutered. Changes made to the original bill include giving manufacturers the right to provide "assemblies of parts" instead of individual components. A requirement that manufacturers provide "passwords, security codes, and materials to override security features" to the public has also been dropped. Finally, the rules only apply to devices manufactured "on or after July 1 2023," so if you buy a new iPhone on June 30, 2023, you're out of luck in a legal sense.
(Score: 5, Insightful) by canopic jug on Saturday December 31, @12:31PM (1 child)
The bill did pass with an overwhelming majority this summer yet the actual law which was signed into force by Governor Hochul is sabotaged in such a way as to defeat the very spirit of the law. Furthermore, Hochul was even parroting the lobbyists' talking points in her announcement. Louis Rossmann addressed this sabotage in two recent videos.
In the first one, he goes over the tactics used to put massive loophole into the text which basically neutralizes the intent of the law. The vendors have been using "safety" and "security" as excuses to avoid providing components, and now that excuse is written into the law, thus making it an official reason to continue avoiding providing components for sale. Additionally, they can bundle components into "assemblies" to raise replacement costs to prohibitive levels -- as they have been doing all along.
In the second one, he speaks with a journalist from News10 about exactly why the changes have fully sabotaged the spirit of the bill and how seven years of work are basically down the drain. Adding insult to injury is the fact that the tile of the law remains the same as the bill, even if it is functionally opposite, thus causing misinformed and disinformed sources to crow, incorrectly, about a right to repair law being enacted.
Money is not free speech. Elections should not be auctions.
(Score: 3, Informative) by Anonymous Coward on Saturday December 31, @01:55PM
Actual legislation:
https://www.nysenate.gov/legislation/bills/2021/S4104 [nysenate.gov]
https://legislation.nysenate.gov/pdf/bills/2021/s4104a [nysenate.gov]
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Hearsay on the bird site, text below: https://pbs.twimg.com/media/FlHtbaRWAAEdwdv?format=png [twimg.com]
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State of New York
Executive Chamber
Albany 12224
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December 28, 2022
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Approval #93
Chapter #810
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MEMORANDUM filed with Senate Bill 4104-A, entitled:
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"AN ACT to ammend the general business law, in relation to the sale of
digital electronic equipment and providing diagnostic and repair
information."
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APPROVED
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This bill requires original equipment manufacturers of digital electronic products to
provide materials to product owners and independent repair providers in New York to facilitate
repairs. Such naterials include documents like manuals and diagrams, and tools like diagnostics
and parts. The bill excepts certain products and industries from the bill's requirements, including
home appliances, motor vehicles, medical deices, and off-road equipment.
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As technology and smart devices become increasingly essential to the lives of New
Yorkers, it is important for consumers to be able to fix the devices that they rely on in a timely
fashion. This legislation would enhance consumer options in the repair markets by granting them
greater access to parts, tools and documents needed for repairs. Encouraging consuners to
maximize the lifespan of their devices through repairs is a laudable goal to save money and reduce
electronic waste.
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The legislation as drafted included technical issues that could put safety and securitey at
risk, as well as heighten the risk of injury from physical repair projects, and I am please to have
reached an agreement with the legislature to address these issues. This agreement eliminates the
bill's original requirement calling for original equipment manufactureres to provide the public
any passwords, security codes or materials to override security features, and allows for original
equipment manufacturers may provide assemblies of parts rather than individual components when
the risk of improper installation heightens the risk of injury. We have also agreed to clarify that
original equipment manufacturers, who either contract with authorized third-party repair shops or
who themselves offer repair services, are required to provide parts, tools and documents at
reasonable costs to device owners and independent repair shops to facilitate repair, and that digital
products that are the subject of business-to-business or business-to-government sales and that
otherwise are not offered for sale by retailers, are exempt. Finally, we have agreed to changes to
ensure original equipment manufacturers will not be required to license any intellectual property,
and that this new law's requirements will apply to digital electronic equipment that is both
manufactured for the first time as well as sold or used in New Your for the first time on or after
July 1, 2023.
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Base on this agreement, I am please to sign this bill into law.
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This bill is approved.
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[apparent signature of Kathy Hochul]
(Score: 4, Interesting) by Mojibake Tengu on Saturday December 31, @03:56PM (1 child)
Bought a new kettle yesterday, Tefal. Somewhat computerized, OLED. Heavy stuff, steel assembly with thermal isolation. Looks more like a lab equipment than kitchenware.
So much for tea rituals, if you know exactly your water is 41 or 39 Celsius. Or coffee at 89 or 92. Not recommended in wedlock, if your wife hits you with such kettle you'll be dead.
It's a pure post-modern decadence of the first world. A temptation for hacking.
What's interesting about it, it comes with a radical 15 years of repairability guarantee at economical metric: guarantee states the rule the repair shall be more economical than [throwaway, buy new] option for a whole period of 15 years.
Frankly, I do not have so much confidence in European Union that it will hold together for so long either to enforce such rules.
We shall see.
The edge of 太玄 cannot be defined, for it is beyond every aspect of design
(Score: 0) by Anonymous Coward on Saturday December 31, @06:14PM
I wouldn't rule it out, the one I have now (don't recall if it's a Phillips or Bosch or something such, I bought one for my mum and then one for myself) I have had for about 20 years now give or take a year or so. Still going strong. It doesn't have a display tho so it's more of an on/off thing.
(Score: 4, Interesting) by Opportunist on Saturday December 31, @04:24PM (4 children)
Who paid for this? No politician is so incompetent, someone threw money her way for this to happen.
(Score: 5, Insightful) by canopic jug on Saturday December 31, @04:31PM (2 children)
And it sat on her desk since the summer, the beginning of June specifically, all she had to do was sign what as a very popular bill. It had sailed through with a massive majority. Yet she sat on it until the low-visibility period between Christmas and New Year's Eve in order to gut it. My guess is that the money trail would lead from her back directly to Apple, Microsoft, John Deere, and a small handful of medical device manufacturers.
Money is not free speech. Elections should not be auctions.
(Score: 3, Interesting) by takyon on Saturday December 31, @09:32PM
The medical device people and John Deere already got their exemptions before the bill was tampered with.
https://www.theverge.com/2022/12/29/23530733/right-to-repair-law-new-york-tech-hochul-oems-parts [theverge.com]
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 2, Interesting) by khallow on Sunday January 01, @07:56AM
We had at one time a story on that very thing during one of the lost periods in late November. She was all set up to do a pocket veto - by not signing while the state legislature wasn't in session results in a bill that doesn't become law. The very popularity of the bill is what forced her to sign it.
(Score: 0) by Anonymous Coward on Saturday December 31, @07:06PM
Yeah, that information should be in the headline.. It is unfortunate that this will have no effect on reelection rates. Majority rule is hitting the brick wall.
(Score: 3, Informative) by jasassin on Saturday December 31, @04:55PM (2 children)
Sure you can rent the equipment and buy, for example, a battery for your iPhone and replace it yourself. The catch is renting the equipment and buying the battery is more expensive ( https://www.apple.com/newsroom/2022/04/apples-self-service-repair-now-available/ [apple.com] ) than having a certified Apple store replace the battery (no chance of hosing the repair). These people don’t want you fixing your own things. This legislation is just another example of the skullduggery. $49 to rent the tool kit (not counting the cost of the battery), when Apple or even the local certified Apple Store replace the battery for $49 (iPhone SE second gen).
I really hope Europe passes the legislation requiring all phones to have easily replaceable batteries. Those were the good ol’ days. I’m not sure about water resistance with an easily replaceable battery, but if anyone can do it, I’d think it would be Apple.
jasassin@gmail.com GPG Key ID: 0x663EB663D1E7F223
(Score: 5, Interesting) by RS3 on Saturday December 31, @06:55PM
There's no easy answer to all of this. My first thought was: if you do it yourself, how do you know you're getting a good battery? If it turns out to be crap, you're replacing it again soon, not fun nor quick. If Apple does it, hopefully there's a warranty?
The solution is simply to make them easily replaceable, no tools needed, like the good old days. Admittedly it'll be (much?) more difficult to make them waterproof, but it shouldn't be difficult to seal the phone electronics off from the battery compartment. Water isn't going to be a big deal for the battery.
(Score: 3, Interesting) by Tokolosh on Sunday January 01, @03:07AM
Lord knows, you cannot replace a GoPro battery and then submerge the camera...