Motor Vehicles
In 2020, Massachusetts voters considered “Question 1” in their state election which sought to amend a 2012 Right to Repair law requiring automakers to expand access to mechanical and electronic repair data. Beginning with model year 2022, the law requires manufacturers of motor vehicles sold in Massachusetts to equip vehicles that use telematics systems with a standardized open access data platform.[1] The law provides motor vehicle owners with such systems access to mechanical data through a mobile application.[2] With vehicle owner authorization, independent repair facilities and independent dealerships are able to retrieve mechanical data from, and send commands to, the vehicle for repair, maintenance, and diagnostic testing.[3]
On November 3, 2020, this law passed and was met with quick opposition by automobile manufacturers. The Alliance for Automotive Innovation (a trade group representing General Motors Co., Toyota Motor Corp., Volkswagen AG, and others) sued in federal court to block the implementation of the new law.[4] The Alliance argued that the new law “will reduce the security of these [telematics] systems, seriously hampering manufacturers’ attempts to keep vehicle data and vehicle systems safe.”[5] Further, the Alliance argued that the law was preempted by federal motor vehicle safety standards set out in the National Traffic and Motor Vehicle Safety Act.[6]
During a bench trial this past summer, Attorney General Maura Healey’s Office argued that carmakers could comply with the law by simply disabling telematics systems for cars with a model year 2022 or later.[7] The Alliance argued that this law represents a cybersecurity and safety hazard, and compliance with the law is not possible because the systems are more complex than just switching off telematics. These systems are integrally intertwined with multiple safety aspects of the car.[8]
On October 22, 2021, Healey’s office filed a Motion to Reopen the Evidence showing that one of the Alliance’s OEM members, Subaru, has deactivated the wireless data systems of its model year 2022 vehicles sold in Massachusetts.[9] The vehicles are purportedly ineligible for its StarLink telematics system if the vehicle is associated with an address in Massachusetts.[10] Healey argued that this shows compliance with the new data law. The Alliance countered that Subaru’s actions do not prove compliance with the law, rather that they confirm that car companies can skirt penalties of the law. At a hearing on October 27, 2021, the Court rejected the Alliance’s position and reopened evidence in the case.
The state has delayed implementing this law until a final ruling from U. S. District Judge Douglas P. Woodlock, whose decision remains pending.
Cellphones
Outside of the automotive realm, there have been additional developments. Apple has announced that the company will make parts and repair manuals available to the general public.[11] This will be first available for the iPhone 12 and iPhone 13 lineups, followed by Mac computers using M1 chips.[12] Apple will make spare parts available for purchase in the United States and plans to expand to other countries. Microsoft has also “committed to studying the environmental impact of making parts and repair information available to shops and individuals, and implement the findings of that study within the next year.”[13]
[1] https://www.sec.state.ma.us/ele/elepdf/IFV_2020.pdf
[2] Id.
[3] Id.
[4] See Alliance for Automotive Innovation v. Healey, U.S. District Court for the District of Massachusetts, No. 1:20-CV-12090.
[5] Id. at ¶ 2.
[6] Id. at ¶ 19, 93-96.
[7] See Attorney General’s Motion to Reopen the Evidence, Alliance for Automotive Innovation v. Healey, U.S. District Court for the District of Massachusetts, No. 1:20-CV-12090.
[8] https://www.reuters.com/business/legal/auto-group-goes-trial-challenge-massachusetts-vehicle-data-law-2021-06-14/.
[9] Attorney General’s Motion to Reopen the Evidence, Alliance for Automotive Innovation v. Healey, U.S. District Court for the District of Massachusetts, No. 1:20-CV-12090.
[10] Id.
[11] https://www.apple.com/newsroom/2021/11/apple-announces-self-service-repair/
[12] Id.
[13] https://www.ifixit.com/News/53327/microsoft-is-embracing-right-to-repair
