Cameron Miranda
In February 2023, it was revealed that tech lobbyists had revised New York's Digital Fair Repair Act before Governor Kathy Hochul signed it into law. The original bill, which passed the state senate with bipartisan support, would have given citizens the right to fix their phones, tablets, and computers. However, the revised law only applies to devices built after mid-2023 and exempts electronics used exclusively by businesses or the government. Tech lobbyists have been accused of watering down the bill, and while the signed bill is a victory for the right-to-repair movement, it gives consumers and independent repair shops less access to parts and tools than the original proposal.
| Characteristics | Values |
|---|---|
| State | New York |
| Bill Name | Digital Fair Repair Act |
| Bill Sponsor | Patricia Fahy |
| Governor | Kathy Hochul |
| Passed in | June 2022 |
| Signed in | December 2022 |
| Applies to | Devices built after mid-2023 |
| Exempts | Electronics used exclusively by businesses or the government |
| Lobbyists | TechNet, Apple, IBM, Microsoft, Google |
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What You'll Learn
Tech lobbyists watered down the bill
Tech lobbyists revised the Digital Fair Repair Act before New York Governor Kathy Hochul signed it in late December. The bill was originally intended to give citizens the right to repair their phones, tablets, and computers, and to require companies to make parts, tools, and documents available to everyone on fair and reasonable terms. However, the revised bill includes several exemptions and changes that favour corporate interests over those of consumers and independent repair shops.
Tech lobbyists pressed for exemptions and changes that would water down the bill, and they were largely successful. The new version of the law applies only to devices built after mid-2023, excluding electronics used exclusively by businesses or the government. These devices are now more likely to become electronic waste, and the manufacturing of new devices to replace them will result in increased greenhouse gas emissions.
TechNet, a trade association that includes Apple, Google, Samsung, and HP among its members, proposed many of the changes made to the bill. They requested that the law apply only to future products sold in New York State and exclude products sold only through business-to-business or government channels. TechNet also sought a stipulation allowing manufacturers to offer consumers and independent fixers assemblies (such as a battery pre-assembled with other components) if selling individual parts could create a "safety risk". Additionally, they wanted a requirement that independent repair shops provide customers with a written notice of US warranty laws before conducting repairs.
The bill's sponsors had to make significant compromises to pass it. Fahy, a New York state assembly member and bill sponsor, said they made a lot of changes to get the bill passed in June. She also shared that Microsoft "constantly tried to reach out" to her office to cooperate on the bill and requested several edits. While the bill remains a victory for the right-to-repair movement, it gives consumers and independent repair shops less access to parts and tools than the original proposal.
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Tech industry interference
In February 2023, an investigation by two non-profit news sites, the Markup and Grist, revealed how Big Tech interfered with America's first cellphone repair law. The Digital Fair Repair Act, passed by New York lawmakers, was intended to give citizens the right to fix their phones, tablets, and computers. This was a significant step towards curbing the power of Big Tech and addressing the monopoly that consumer technology companies like Apple have on the repair of their devices.
However, the tech industry quickly mobilized to influence the legislation before it was signed into law by Governor Kathy Hochul. Tech lobbyists from organizations like TechNet, a trade association that includes Apple, Google, Samsung, and HP, pressed for exemptions and changes to the bill. They argued for intellectual property and cybersecurity concerns, and requested that the law apply only to future products sold in the state and exclude business-to-business sales.
Governor Hochul made changes to the bill before signing it, and many of these changes were identical to those proposed by TechNet. The new version of the law applies only to devices built after mid-2023 and exempts electronics used exclusively by businesses or the government. These changes were criticized by repair advocates and the Federal Trade Commission (FTC) for watering down the original intent of the bill and potentially creating a two-tiered system for accessing repair parts and services.
While the bill that was ultimately signed in late December 2022 was still a victory for the right-to-repair movement, it gave consumers and independent repair shops less access to parts and tools than the original proposal. This interference by Big Tech highlights the challenges faced by lawmakers and consumer advocates in balancing the interests of powerful technology companies with the rights of citizens and the need to reduce electronic waste.
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Tech companies' monopoly on repairs
In the past, consumer technology companies like Apple have monopolized the repair of their devices by limiting access to parts, tools, and manuals to "authorized repair partners." These authorized repair partners often only perform a small number of manufacturer-sanctioned fixes. This forces consumers to choose between continuing to use a broken device or buying a new one.
In 2023, New York State took a step toward curbing the power of Big Tech when lawmakers passed the Digital Fair Repair Act, giving citizens the right to fix their phones, tablets, and computers. This was a huge step for the "right to repair" movement, which has pushed for such legislation for years.
However, the bill was not without opposition. Tech lobbyists revised the bill before New York's governor, Kathy Hochul, signed it. Many of the changes made to the bill are identical to those proposed by a tech trade association called TechNet, which includes Apple, Google, Samsung, and HP among its members. The new version of the law applies only to devices built after mid-2023 and exempts electronics used exclusively by businesses or the government. These changes water down the impact of the bill, making it less effective in curbing Big Tech's monopoly on repairs.
Despite the changes, the passage of the Digital Fair Repair Act is still a victory for the right-to-repair movement. It sets a precedent for other states to follow and could ultimately lead to a national agreement between electronics manufacturers and the repair community. While Big Tech continues to lobby against right-to-repair bills, some companies, like Microsoft, have softened their stance in recent years. This shift in the industry indicates that the dynamics between tech companies and the right to repair are evolving, and the future of device repairs may see a shift in power dynamics.
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Tech companies' opposition to the bill
Tech companies have long opposed "right-to-repair" bills, citing intellectual property and cybersecurity concerns. When New York passed the Digital Fair Repair Act, it was a huge step towards curbing the power of Big Tech. However, the final bill was significantly weaker than the original due to tech industry interference.
Tech lobbyists worked to water down the bill, and they were largely successful. The new law only applies to devices built after mid-2023, so it won't help people fix their current devices. It also exempts electronics used exclusively by businesses or the government. These devices are likely to become electronic waste faster, and more greenhouse gases will be emitted as people manufacture new devices to replace them.
Tech companies also sought to limit the types of parts they would be required to provide. TechNet, a trade association that includes Apple, Google, Samsung, and HP among its members, requested a stipulation that would allow manufacturers to offer consumers and independent fixers assemblies (such as a battery pre-assembled with other components) instead of individual parts if selling those parts could create a "safety risk." TechNet also wanted a requirement that independent repair shops provide customers with a written notice of U.S. warranty laws before conducting repairs.
Some companies, such as Microsoft, have softened their stance on right-to-repair bills in recent years. Microsoft requested several edits to the New York bill but did not ask for a veto. Apple, IBM, and TechNet, on the other hand, all asked Governor Hochul to veto the bill. When that didn't happen, TechNet sent a trimmed-down version with edits attributed to David Edmonson, the trade organization's vice president of state policy and government relations.
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Tech companies' influence on lawmakers
Tech companies have long opposed the "right to repair" movement, which advocates for legislation that would make it easier for consumers to repair their electronic devices. These companies often cite intellectual property and cybersecurity concerns as reasons for their opposition. As a result, many bills that would have given citizens the right to repair their devices have failed to pass into law.
In June 2022, New York state lawmakers passed the Digital Fair Repair Act, which gave citizens the right to repair their phones, tablets, and computers. This was seen as a significant step toward curbing the power of Big Tech and a victory for the "right to repair" movement. However, the tech industry quickly mobilized to influence the law before it was signed by Governor Kathy Hochul.
Tech lobbyists pressed for exemptions and changes to the bill, and they were largely successful in watering it down. Many of the changes made by Governor Hochul were identical to those proposed by TechNet, a trade association that includes Apple, Google, Samsung, and HP among its members. These changes included limiting the law's application to devices built after mid-2023 and exempting electronics used exclusively by businesses or the government. As a result, the final version of the law gives consumers and independent repair shops less access to parts and tools than the original proposal.
While the bill that was ultimately signed into law in December 2022 was still a victory for the "right to repair" movement, it fell short of its original intent. This highlights the significant influence that tech companies can have on lawmakers and the challenges faced by advocates for consumer rights and environmental protection in the face of corporate lobbying.
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Frequently asked questions
The Digital Fair Repair Act is a bill passed in New York that gives citizens the right to fix their phones, tablets, and computers.
Tech lobbyists watered down the bill by requesting exemptions and changes. For example, the new law applies only to devices built after mid-2023 and exempts electronics used exclusively by businesses or the government.
The Digital Fair Repair Act is significant because it is the first law in the nation to give citizens the right to repair their electronic devices. This could create momentum for other states to pass similar laws and lead to a national agreement between electronics manufacturers and the repair community.
Advocates for the right to repair argue that making it easier to repair gadgets saves consumers money and reduces the environmental impact of manufacturing and electronic waste.
Many tech companies lobbied against the bill, including Apple, IBM, and TechNet, a trade association that includes Apple, Google, Samsung, and HP among its members.
