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California Fails to Pass Right to Repair Bill (calpirg.org) 130

It was "the furthest any Right to Repair bill for consumer electronics has come to becoming law" in America, reports the nonprofit California Public Interest Research Group.

And yet... The California Senate Appropriations committee failed to pass Sen. Susan Eggman's Right to Repair bill, SB 983, on May 19, which would have significantly expanded Californians' access to the parts, tools, and service information needed to fix consumer electronics and appliances.... The policy had broad, bipartisan support, with 75% of Californians and majorities of both parties supporting Right to Repair. The bill, which passed through the judiciary committee with only a single opposing vote, met the same fate as a similarly popular medical Right to Repair bill that Sen. Eggman introduced in 2021. Sander Kushen, CALPIRG Advocate issued the following statement in response... "SB 983 could have saved California households as much as $4.3 billion a year in reduced spending on electronics and helped Californians reduce toxic electronic waste. Instead, industry groups' heavy lobbying effort helped to kill the bill."
"Other states are pursuing similar legislation and there's also a pending federal bill," reports the San Francisco Chronicle" The right-to-repair movement is gaining steam with President Biden as a vocal advocate. In July 2021, he asked the Federal Trade Commission to draft right-to-repair rules. The FTC said it will target repairs restrictions as antitrust violations.

In recent months, major tech players have opened up limited ways to help consumers fix stuff. Apple has said it will sell manuals, parts and tools but only to owners of the iPhone 12 and 13 models. Microsoft said it's looking into repair options for its computer accessories. Google will sell replacement parts for Pixel smartphones via iFixit, a self-described "wikipedia of repair."

But they also explore why the California bill failed: The legislative bill, which would have been the first of its kind in the United States, would have required makers of electronic gear such as cell phones, game consoles, washers and dryers, computers — almost anything with a chip inside — to ease the route to fixing broken stuff by providing parts, tools and manuals at reasonable prices. Supporters pitched it as a no-brainer to save consumers money and reduce e-waste.

But the electronics industry says that it could have created a free-for-all, allowing pirates to flourish, unauthorized people to access sensitive information and trade secrets to be violated... "We're going up against the rights of some of the biggest companies in the world," said Kevin O'Reilly, a Right to Repair campaign director with U.S. Public Interest Research Group, or PIRG. He's also associated with CALPIRG. "Apple and Google and other tech giants have either lobbied against the bill or supported organizations that lobbied against the bill."

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California Fails to Pass Right to Repair Bill

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  • by YetAnotherDrew ( 664604 ) on Sunday May 29, 2022 @10:47PM (#62576356)
    It's the dreaded Repair Pirates! Arrrr!
    • Remind me again why lobbying is even a thing...

      Matey.

      • Don't ask me ye lubber. There be better ways to plunder booty!
      • Politicians will f. u faster than a horny hillbilly teenager as soon as money is involved.
        • > Politicians will f. u faster than a horny hillbilly teenager as soon as money is involved.

          It's telling. Even Fox news doesn't seem to want to touch it and all the right wing pundits should be all over this: rich mega corporations want to take away your freedom. https://www.foxnews.com/search... [foxnews.com]

      • 75% of Californians and majorities of both parties supporting Right to Repair.

        As a non-US person I've got to ask, how broken does a political system have to be for this not to be a shoe-in? What makes the US so special that this legislation can't pass when the majority of everyone including politicians support it?

        • by bkmoore ( 1910118 ) on Monday May 30, 2022 @11:08AM (#62577474)
          Because bribery of politicians in the U.S. is legal. We just call bribes "free speech" or "campaign contributions". Then it's not a bribe.
          • ...or speaking fees, or an executive board position for your son, or book sales, or art sales, or contributions to your "non-profit" org, etc. There are LOTS of ways to bribe a politician these days.

        • As a non-US person I've got to ask, how broken does a political system have to be for this not to be a shoe-in?

          Does your country have legislation like this?

          There's many reasons it's not a shoe-in. It's basically a law requiring all companies to publish detailed technical schematics of everything they make and the parts to build it.

          • by dryeo ( 100693 )

            Something that used to standard practice. Companies actually competed on not needing repairs or the ease of repairs such as replacing a tube.

            • Something that used to standard practice. Companies actually competed on not needing repairs or the ease of repairs such as replacing a tube.

              And how well would that work in the age of liability lawsuits?

              • by dryeo ( 100693 )

                How does it work now in the age of liability lawsuits? Seems in America you can sue for most anything including being sold a non-repairable device.
                Not being American, I usually just don't think about lawsuits and growing up, there were tube testers and tubes for sale in the corner drug store, lots of repair shops including repair people who did home visits, commercials about bored repair men working at Maytag and when older, even computers came with chip layouts, source code for what was in the ROM etc, eve

          • Who cares, the issue is that it have support of the majority of the politicians that vote on it and still it's not voted in. You are talking about the practical implications of if while the OP is asking why the vote doesn't pass when there is a majority support for it.
        • America is an oligarchy [washingtontimes.com].

          Ostensibly it is a constitutional republic, of course, which does not even pretend to be a pure democracy ("pure" democracies are utterly dysfunctional and as such don't actually exist). Elected representatives, however, are still civilians "plugged in" to the economy like everyone else, and so they are still just as dependent on wealth as everyone else, and so it naturally follows that they would be under the thumb of the wealthy. The relationship is made a bit indirect to skirt l

      • by BranMan ( 29917 )

        It's in the Constitution: the right of the People to petition the government for redress of grievances.

        The People includes lobbyists, your PTA, your union (if you are in one), yourself. Basically: "Hey, there ought to be a law about that! Here's what I think it should be...."

        You can lobby too.

    • It's the dreaded Repair Pirates! Arrrr!

      Imagine if pirates or any other sailors were denied the right to repair their vessels. Sails with DRM that cannot be stitched back together or won't work on any other ship. You are forbidden to have a sailmaker, carpenter or tools on board. All repairs must be completed by the OEM boat builder at their boat yard. Modifications to the rigging or vessel are forbidden and in that case, the sails will not unfurl and the vessel will not move.

      • I'm sure if you tried to use the sails on a ship they weren't purchased for you could agree to watch some ads first to get them to work.
      • Cap'n Rickard warned us all that this was coming, in his 1796 story "The Right to Sail."
    • by shanen ( 462549 )

      Nice FP leading to an interesting discussion. Congratulations. Along with five bucks you can get a cup of coffee.

      Not much to add to the discussion, however. I think technology is going where it's going and it's fundamentally hard to justify repairing anything that has already become obsolete. If the device lasted two or three years, then the new model should be some combination of half as expensive or twice as powerful... (Wiggle room around the current values for Moore's Law.)

      • ... I think technology is going where it's going and it's fundamentally hard to justify repairing anything that has already become obsolete. If the device lasted two or three years, then the new model should be some combination of half as expensive or twice as powerful...

        A bit off topic, but I have to say it: the mindset that even accepts - never mind expects - that resource-intensive products effectively become junk in two or three years, is largely why we have both AGW and extreme wealth concentration. Not to mention that it's kind of a spiritual sickness. Also not to mention that when we support it we're putting the yoke around our necks and handing whips to those who would be our masters.

        • by shanen ( 462549 )

          I can't tell whether you're agreeing or disagreeing with me, or maybe attacking the advertisers. Good luck on that. The cockroaches are still around, too.

          But on the topic of inequality, I will recommend The Haves and the Have-Nots by Branko Milanovic. Not really surprising in terms of showing how messed up the world is, but lots of interesting data about why. Didn't lead to any solution-related thoughts yet. Most depressing part was probably the 80% determination of lifetime income and wealth based on two

          • I can't tell whether you're agreeing or disagreeing with me...

            I wasn't sure either - my memory of your posting history was that we would agree on this, but your wording struck me as ambiguous.

            But on the topic of inequality, I will recommend The Haves and the Have-Nots by Branko Milanovic. Not really surprising in terms of showing how messed up the world is, but lots of interesting data about why. Didn't lead to any solution-related thoughts yet. Most depressing part was probably the 80% determination of lifetime income and wealth based on two factors out of your control: Which country were you born in and what income bracket are your parents in. Various other factors account for the last 20%, but many of those factors are still out of your control.

            Thanks for the recommendation - it's now on my reading list. And yes, inequality is very much more complex than most people realize; accordingly, most of the commonly-proposed solutions are simplistic at best, and often counter-productive. I recommend that you check out the field of econophysics - Victor Yakovenko is a pretty good place to start: https://www.youtube.com/watch?... [youtube.com]

            • by shanen ( 462549 )

              I flagged one of Victor Yakovenko's shorter videos for later viewing, but the second link is not secure, so I didn't force-follow it. (Not secure according to whose definition? Should I trust the "security experts" of my browser that much? But I definitely don't trust the black hat hackers...) Pareto did get a lot of coverage in that book I mentioned, but I think Ricardo is my favorite dead economist. (Time for the joke about all the good economists being dead and we need more good economists?)

              The search fo

              • AAKKOZZLL was created by Burke Browne. You won't find much about him online, but this (secure link) PDF file has a brief biography at the end: https://www.eipiphiny.org/eipi... [eipiphiny.org] . The rest of the document, (and the site it comes from), might seem "fringe-y"; and the esthetics are pretty terrible. You'd have to have known Burke and been exposed to his ideas to really get it. He was a great guy and very intellectually stimulating - I miss him a lot.

                Here's a list of publications written or co-authored by Yakove

                • by shanen ( 462549 )

                  That webpage didn't upset my browser, so I looked at it for a while, but it's hard for me to absorb any complicated ideas from the Web. Sometimes happens, but mostly things tend to be too unedited to make sense around here... Doesn't help that he's also trying to be funny with serious topics there. Several aspects of this discussion and that webpage do remind me of the Less Wrong website, which I couldn't tolerate for very long. (But maybe it was the overwhelming pretentiousness there?) Still haven't found

      • by dgatwood ( 11270 )

        Nice FP leading to an interesting discussion. Congratulations. Along with five bucks you can get a cup of coffee.

        Not much to add to the discussion, however. I think technology is going where it's going and it's fundamentally hard to justify repairing anything that has already become obsolete.

        Spoken like someone for whom a few hundred dollars was never a problem. Now put yourself in the place of an average college student, for whom the difference between a $25 battery and a $700 phone could be the difference between eating dinner for the rest of the school year and not.

        The fact of the matter is that a lot of people still buy computers that you would probably call "obsolete". Not everybody buys the latest and greatest hardware, because not everybody *needs* the latest and greatest hardware. If

        • by shanen ( 462549 )

          No, I was quite poor for many years. So I NAK the rest of your comment unread. Your asinine ad hominem attack only discredits you. If I can remember your identity, I will simply ignore it in the future.

  • flooding into California these days. Citizens United stated the flood and there's been several rulings that made it biblical in proportions. Ever since SCOTUS became a partisan organization we were pretty screwed there.

    California sets the standard for the country, so as long as they can screw us over in California they can get us everywhere else.
    • Off topic a bit, I agree with you except for SCOTUS being partisan. SCOTUS swings from originalist to non-originalist and back again. If the foundation for a decision, whether originalist or non-originalist, is so flawed that any reasonable person from the same view knows it will be overturned once the other view is in majority, what else can anyone expect?

      Congress could do its job and pass a bill, that would take away the potential for a reversal. But, then our "leaders" would have fewer things to outra

      • by rsilvergun ( 571051 ) on Monday May 30, 2022 @12:03AM (#62576478)
        Not after the Roe v Wade rulling that's coming up. It's literally using a legal framework from the 16 and 1700s that predates the constitution. The attempts to tie that legal framework into anything the founding fathers believed or wrote are flimsy at best. And Amy Barrett couldn't name the five freedoms guaranteed by the first amendment but was still put on the court.

        I think it's safe to say the court is partisan at this point.. if nothing else three of the justices were chosen because they could be counted on to rule the way the Republican Party wanted them to. For two of those, the ones that aren't Barrett, you could potentially make the argument that their Republican rulings are coincidental and they believe that way but you have a damn hard time doing that for her or for Clarence Thomas.

        But I get it, thinking about such an important institution essentially converted into the arm of one of the political parties is not a pleasant thought. But not thinking about it isn't going to make it go away.

        On a side note whatever else you think about abortion overturning Roe v Wade and the justification for it basically destroys all privacy protections. It opens the door to the government mandating back doors and all cryptography among other things. People don't realize that Roe v Wade wasn't about abortion it was about privacy. And that overturning it undoes all the privacy protections we've gained in the last 70 years. Longer in fact because the justification for overturning it basically wrecks every protection we had. Buckle up it's going to be a bumpy ride
        • Some context (Score:2, Insightful)

          Not after the Roe v Wade rulling that's coming up. It's literally using a legal framework from the 16 and 1700s that predates the constitution. The attempts to tie that legal framework into anything the founding fathers believed or wrote are flimsy at best.

          As with anything, there's significant context to your statement.

          The statement is technically correct and makes a good clickbait title while being exceptionally misleading. Anyone who sees just that headline and doesn't bother looking into it will get the wrong impression, which is one way the MSM pushes their viewpoint: most people will read the title and assume it's correct, and get outraged.

          To be considered a right protected by the constitution requires 2 tests: either it's a) specifically mentioned in th

          • Re: (Score:3, Insightful)

            by narcc ( 412956 )

            To be considered a right protected by the constitution requires 2 tests: either it's a) specifically mentioned in the constitution, or b) was commonly held to be a right beforehand.

            There's no need to read past this, because it's nonsense. The 9th Amendment specifically protects rights that are not specifically enumerated. It's been established that we have constitutionally protected rights that could not have even been envisioned by the founding fathers, let alone commonly believed to be held.

            • Perhaps I'm being pedantic, but the ninth is one sentence long and what it says is a bit different from what you've represented.

              It says that because the Constitution protects some rights should not be take to "deny or disparage"s other rights.

              It's an explicit acknowledgement that there are rights that are NOT protected by Constitution, stating that the Constitution doesn't TAKE AWAY the rights it doesn't protect.

              That does NOT mean that whatever random idea someone has is Constitutionally-protected right. It

      • by tlhIngan ( 30335 )

        Instead of just Roe v. Wade, perhaps also consider that Amendment 10 now has precedent over Amendment 6. That is, if you're falsely convicted, you're no longer allowed to present new evidence.

        You know, evidence that say, a prosecutor might have hidden through prosecutorial misconduct or other thing. There are people on death row who might be innocent, because their defence attorney failed to do his job, and the courts have ruled that they cannot introduce any new evidence that might show they could not poss

      • Right now there is no Supreme Court of the United States. It has been replaced by the Supreme Court of the Fascist Republican Minority.
  • by raymorris ( 2726007 ) on Sunday May 29, 2022 @11:22PM (#62576408) Journal

    I like to actually look at the TEXT of a bill to see what it would actually DO, rather than making decisions based on the title. The title sometimes implies precisely the opposite of what the law bill actually does. So I read the bill.

    The Patriot Act is about supporting American values like freedom, right?
    The Farm Bill is food stamps.
    The authors the of AFFORDABLE Care Act acknowledged it would make health care more expensive.

    So what would this bill have actually DONE?
    The change under this bill was that it would require manufacturers to provide tools and information necessary to disable any security lock a device has.

    It also copy-paste repeats existing California law that already says they have to provide parts and repair information at a reasonable price. That's not a change; it's 100% pure pandering because it's copy-pasting existing California law.

    Text of the law:
    https://leginfo.legislature.ca... [ca.gov]

    So the change would be manufacturers would have to provide tools and information to allow security features to be disabled. The text of the law says "electronic locks OR OTHER SECURITY FEATURES". Well, and electronic law is a type of security feature, so that phrase just means security features, period.

    Personally, I don't like how Apple has claimed "security" as the reason to make certain parts not replaceable. I'd be cool with making what Apple does illegal. As a career security professional, someone tasked with protecting consumers, I don't know that I would support the requirement to distribute tools to disable all security features. That seems overbroad to me, ham-fisted. It doesn't even say "to disable security features that prevent repairs". It just says disable all security features. I think that needs to be written a little more carefully.

    • Yeah. Let's disable all locks in the equipment I own.
      Nobody should be blocked by DRM to service the gadget they own.
      Safety and security is just a bad excuse, without any legitimacy. None. Whatsoever.

      • > let's disable all locks in the equipment I own.

        You may not know it, but you really don't want to disable all the security features when there are people like me and some of my friends around. :)

        > Nobody should be blocked by DRM to service the gadget they own.

        I agree we you there, 100% . That's a topic mostly unrelated to security. "Don't have DRM" and "don't have any security" are two very different things.

        Then there is a third, different topic. I don't think people should buy face tattoos or DRM-

        • Ps that last paragraph shouldn't be interpreted to mean I would oppose a well-written right to repair law. I would likely support one that actually did what it's title indicated, without major side effects. This California bill was not well-written. Not even close.

          My last paragraph of the preceding post is just to point out the difference between "I think you shouldn't" vs "I want to make it illegal". I think MSNBC shouldn't pump out misleading articles every day. I think you shouldn't read their garbage. I

          • by narcc ( 412956 )

            This California bill was not well-written. Not even close.

            Oh? What was wrong with it? Be specific, directly citing the text of the bill.

            • I quoted and linked to the full text of the bill at the top of the thread. The part that isn't copy-paste from existing California law requires that they provide the ability to disable and "electronic security lock or other security-related function".

              Note it says nothing about repair.

              Note also that a "security lock" IS a "security-related function".
              So that can be condensed to requiring that they provide info and tools to disable "any security-related function". That's what changes with the bill - a requirem

        • by narcc ( 412956 )

          You may not know it, but you really don't want to disable all the security features when there are people like me and some of my friends around. :)

          So you and your friends are criminals? Do you think that makes you look "cool"?

          • > So you and your friends are criminals? Do you think that makes you look "cool"?

            You don't pay any attention to the usernames of people you talk to on here, do you? We've been talking for several years, Narcc. You've not paid any attention to who you've been responding to and who it is when they respond to you, have you?

            • by narcc ( 412956 )

              I generally don't pay any attention to the user. What should matter here is what they say, not who they are. It's the same reason I read at -1 There are a few notable exceptions, of course.

              • I can understand that. It can be hard to keep track of you're very active on several social networks.

                It can ALSO make talking to you feel a bit like a conversation with an Alzheimer's patient, when you don't remember what you said to the person yesterday.

    • I'm fine with "having to provide tools to disable all security locks" if it included some provision that only the person that allegedly owns the device (and by this I mean they person who paid money to have it, not the manufacturer) can use these tools to disable the security locks on the device.

      • by gweihir ( 88907 )

        The whole discussion is bogus. If I have an encrypted data partition, my data is protected but a technician can still repair the device. In this way, right-to-repair may even make things more secure for the consumer.

    • Security is for the user. Copy prevention is for the manufacturer.

    • So the change would be manufacturers would have to provide tools and information to allow security features to be disabled. The text of the law says "electronic locks OR OTHER SECURITY FEATURES". Well, and electronic law is a type of security feature, so that phrase just means security features, period.

      If you can't disable the electronic locks or other security features, you don't own the device. The manufacturer does. They're just letting you hold it, and pretend you own it. Are you really happy leasing your portable telescreen?

      • by tomhath ( 637240 )
        Nonsense argument. You own the device, the manufacturer can't take it away from you. Don't like it? Don't buy it.
        • Nonsense argument. You own the device, the manufacturer can't take it away from you.

          They can destroy it, which means they control it. It can be used for spying on you, which means you don't control it. If you don't control it you don't really own it. You're just paying to use it. It's a lease, not ownership.

          Don't like it? Don't buy it.

          There are few counterexamples, and in any case there is literally no reason why a corporation should be permitted to do this. A corporation is a legal fiction, it was never intended to have rights, and should have none. People who work for corporations have rights, but corporations are

  • by lsllll ( 830002 ) on Sunday May 29, 2022 @11:35PM (#62576442)
    California passes a ban on flavored tobacco products [countertobacco.org], but fails to support the Right to Repair "which would have significantly expanded Californians' access to the parts, tools, and service information needed to fix consumer electronics and appliances". Got it. We know they got their priorities straight.
    • Well, I never considered NC and CA to have a lot in common, but in this case NC did something similar (see other /. story). F'sure tho NC isn't going to pass a law against tobacco.

  • by WaffleMonster ( 969671 ) on Monday May 30, 2022 @01:00AM (#62576584)

    Always vote opposite of whatever flood of flashy commercials around voting time want you to vote.

    Failure to follow this one simple rule will eventually lead to corporations leasing your own ass to you every time you would like to take a shit.

    You have been warned.

  • Surprise! People are already getting to your data without right to repair!

  • Greed is good... (Score:4, Insightful)

    by gweihir ( 88907 ) on Monday May 30, 2022 @04:44AM (#62576842)

    That is basically what is behind this. Already rich need to be able to get richer and others need to be cut out. What is good for society does not matter.

    Of course, the "arguments" presented against are entirely bogus. Software and designs are protected by patents and copyright, _not_ by hiding things. Security by obscurity does not work. Repairs are typically possible and are usually mich cheaper. Of course good repairability means less revenue for the big players. It also means less financial stress on people to keep their equipment working and that is a good thing. Preventing right to repair makes a few even richer and everybody else poorer. That does seem to be what is generally going on at the moment though and it can only lead to eventual collapse or regression into a society of mostly poor people. Not a desirable thing.

  • In MA, we had to decide this for ourselves twice via ballot question instead of relying on politicians

  • An unlicensed persons repairs will void the warranty.
    • Yes, that should be logical. If you mess with something I built, it's on you. If you do it as a business, you should be responsible for the warranty. If you repair it on your own, you're on your own.

      Deal. Now hand over the tools.

  • by Berkyjay ( 1225604 ) on Monday May 30, 2022 @11:40AM (#62577548)

    This article and other links to the story just say "it failed". But none of them describe how. I can't see any names of who voted against this.

  • I have a car which needs to phone home to Germany for things like getting a headlight replaced...and when they did, they remotely wiped my Active Lights because they weren't a US option. I thought buying a Tesla meant lock down. Mercedes requires Xentry, which is $35k to buy and then there is a leasing fee. If you want to fix Benz, that's the ante. Makes the $15k AllData subscription seem cheap. Benz will allow you to read the factory manual on the website, but the process is intentionally obtuse, almo

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