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The Courts Government Transportation United States

What Happened After Massachusetts Voters Approved a Right-to-Repair Law? (msn.com) 48

U.S. right-to-repair advocates hoped a district judge would finally rule Friday on Massachusetts' voter-approved right-to-repair referendum. But they were disappointed again, reports the Boston Globe, since instead the judge said he'd first have to consider a recent ruling by America's Supreme Court limiting the regulatory powers of the U.S. government's Environmental Protection Agency: The Massachusetts law was approved by 75 percent of voters in a 2020 referendum. But its implementation has been held up by court challenges ever since. It would require all automakers selling new cars in Massachusetts to provide buyers with access to "telematic" data â diagnostic information â via a wireless connection. That way, car owners could get their cars repaired at any independent repair shop, instead of being forced to have the work done at manufacturer-approved dealerships.

But the Alliance for Automotive Innovation, an association of the world's top carmakers, sued to overturn the law, arguing that only the federal government, not states, may enact such a rule. In addition, carmakers said that they could not redesign the digital systems of their cars in time to comply with the law's 2022 model-year deadline.

The lawsuit went to trial last summer, but the court's judgment has been repeatedly delayed. In the meantime, at least two auto manufacturers, Subaru and Kia, began selling cars in Massachusetts with their telematic features switched off, to avoid violating the law.

The state's attorney general has now granted a two-week "grace period" during which the law won't be enforced, according to the article, while the district judge "said that he expected to rule before the end of a two-week grace period."
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What Happened After Massachusetts Voters Approved a Right-to-Repair Law?

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  • It's a start (Score:5, Insightful)

    by quonset ( 4839537 ) on Saturday July 02, 2022 @12:43PM (#62668196)

    Subaru and Kia, began selling cars in Massachusetts with their telematic features switched off, to avoid violating the law.

    Two down, multiple dozens to go. There is no reason car manufacturers should be able to track what your car is doing, wirelessly. They do not need real-time feedback for any reason whatsoever. I bought the car. I gave them my money. The car is mine. All this does is create something else to break down or cause other components to not work which will cost me money to repair.

    If their claim this is necessary, then they get to pay for any repairs caused by this usage.

    • Re:It's a start (Score:5, Insightful)

      by Brain-Fu ( 1274756 ) on Saturday July 02, 2022 @01:45PM (#62668294) Homepage Journal

      only the federal government, not states, may enact such a rule

      Lie.

      they could not redesign the digital systems of their cars in time

      Damn lie.

      the Alliance for Automotive Innovation

      The very name is a lie. The only thing they innovate is ways to bilk consumers out of every penny they are worth, including and especially by eliminating legitimate competition in secondary markets. This ONLY harms consumers, despite the lies they will spew about how it fosters innovation in car technology so they can bring prices down.

      • Re: (Score:3, Insightful)

        by Anonymous Coward

        only the federal government, not states, may enact such a rule

        Lie.

        Whenever the federal government passes a law the Republican Goons claim that it should be left up to the states. Until a state passes a law they don't like, then they say that only the federal government can do it.

        • Cute how you ignore how the Constitution plays into those decisions...

          Abortion, not in Constitution, so up to states per Tenth Amendment.

          Gun ownership actually is IN the Constitution, so it's up to the Federal government.

      • The very name is a lie. The only thing they innovate is ways to bilk consumers out of every penny they are worth.

        You are correct but the reason the automotive industry is doing this is because they see what's going on in videogames and software industry of massive theft that's been going on for 30 years since UO in 1997. They see all that recurrent revenue from microtransactions and mmo's (rpg's with stolen networking code) and want the same model where you will own nothing.

        • by Anonymous Coward

          I mean, yeah, if I was a rent-seeker I'd absolutely love to still have a finger in something you bought outright and are proprietor of. I'd love to jam my asterisk onto those words. I'd love to force myself into the formula, despite having no business being there. I want to pretend that, as the previous owner, I get to tell you how to use your property.

          It's bad enough that the corpos are pushing as-a-service "revenue stream" so hard and making it near impossible to Buy something. And when you finally manage

    • If their claim this is necessary, then they get to pay for any repairs caused by this usage.

      Car dealers sold cars without this "feature" for decades and the only "harm" done was that independent garages were just as good at repairing the cars as the dealers were, and usually at a lower price. Now, claiming that this constant phoning home is needed is an extraordinary claim and as such needs extraordinary evidence, provided by the auto companies. I'd love to see a class-action suit brought against all o
    • by AmiMoJo ( 196126 )

      There are some benefits to consumers from telematics. If the car is stolen it has a GPS in it that can't trivially be disabled if they want to drive it. For EVs it's also useful to be able to remotely monitor state of charge, especially while charging. Remote control of air conditioning is nice to have as well.

      So rather than throwing the baby out with the bathwater, what you need are some strong privacy laws that allow the manufacturer to offer that service, but not to abuse the data. They can relay the car

      • by Khyber ( 864651 )

        "If the car is stolen it has a GPS in it that can't trivially be disabled if they want to drive it."

        No need to disable, just jam the signals from the vehicle on all bands with a spark-gap emitter. On ICE vehicles, all you needed to do was make a spark plug loose, not so easy with an EV obviously.

        • Re:It's a start (Score:4, Interesting)

          by AmiMoJo ( 196126 ) on Saturday July 02, 2022 @06:38PM (#62668728) Homepage Journal

          The company I work for actually makes a device that detects GPS jamming and takes a photo of the vehicle with the jammer in it. The police buy them, for use at ports and motorway service stations.

          • by Bert64 ( 520050 )

            Don't jam, put it inside a container which blocks the signal.
            Turn off the jammer as you go through the port, sure the owner of the car will see that the car was at the port but by the time they can do anything about it the car will be in another country.

      • by Bert64 ( 520050 )

        None of this requires an ongoing service provided by the manufacturer.
        At most, you need an ongoing cell service to carry the data, otherwise you're limited to the range of wifi or bluetooth.

        There's no reason the car cannot communicate directly with the user, with the carrier (ie the telco) doing nothing other than carrying an encrypted stream. No other party needs to be involved, and the telco does not get access to any data. The reason it's not designed this way is because the manufacturers want to artific

        • by AmiMoJo ( 196126 )

          How would that work exactly? Say I have a phone and I'm out of Bluetooth and WiFi range of the car, how do I get status information directly?

          • by Bert64 ( 520050 )

            Car has an IP address on the cellular network..
            Your phone has an IP address on the cellular network..
            So long as you have some way to identify the address (Dyndns, cached when you were last in the car etc) there's no reason the two devices cannot communicate directly.

            • by AmiMoJo ( 196126 )

              There is a reason: security.

              The industry standard way to handle security like that is for the IoT device to establish a VPN connection to their server. It's always the IoT device opening a connection to the server, so the IoT device can have a very simple and robust firewall that doesn't accept any incoming connections at all.

              If the IoT device can accept connections then it needs to be actively updated to stay secure. Whatever service it runs will eventually pick up some CVEs that need to be patched. Given

              • by Bert64 ( 520050 )

                You can still find vulnerabilities in an outbound protocol which you could attack via MITM, only now you have to support not only the software on the car but you also need to keep running the service it connects to.

                The real reasons for doing it this way are:
                1, NAT - which is solved by IPv6
                2, Locking you in to a subscription service

                Claims of "security" are just an excuse to make the subscription seem less unpalatable.

                Car manufacturers do drop older models, or features from older models. Many cars used to com

                • by AmiMoJo ( 196126 )

                  Realistically it's much harder to MITM a connection between a car and a server than it is to simply connect to the car directly, if it allows incoming connections.

                  The support load is greatly reduced by having the car connect to the server. Updating software on hundreds of thousands, maybe millions of cars, is expensive. Lots of bandwidth to send updates, some % of them will fail and cause warranty claims, and you will probably have to build and test a dozen different versions for different revisions of the

    • by Canberra1 ( 3475749 ) on Sunday July 03, 2022 @02:41AM (#62669204)
      An extra 10% sales tax on all items that are unrepairable or where data protocols prevent third party diagnosis/repair. And another 5% on top of that for component level parts that have an exclusivity agreement to them (will not sell spares to anyone but manuf). such as the Apple charge chip. There is ZERO problems with releasing the protocol to retrieve the data. I can see the argument: we have a password protecting the data. The answer is who's data - I own the car - its my data.
    • Statement from automakers is a lie. Its called group generalization. The correct response is to list each and every manufacturer that they say 'cannot' and within each manuf, list which models they can do/release sorted by estimated release date descending. And why. If they signed an exclusivity deal with someone, that deal is null and void - against the law - unless they applied under Moss&M for an exception.
    • These systems bring anything from WiFi to GPS updates, 911 assistance in a crash and remote start. I wouldnâ(TM)t want my car to get some of those things turned off simply to comply with a stupid law that has no effect on 99 percent of the population.

  • And that's bad? (Score:4, Insightful)

    by Rosco P. Coltrane ( 209368 ) on Saturday July 02, 2022 @12:43PM (#62668198)

    Subaru and Kia, began selling cars in Massachusetts with their telematic features switched off

    Lucky Mass customer: they can get their cars without stupid cloudy IoT features.

  • by jmccue ( 834797 ) on Saturday July 02, 2022 @12:53PM (#62668216) Homepage
    Well, if the law is ignored, it is not the first time Massachusetts ignored the results of a ballot question. I wish it was enabled before the court cases started. BTW, I think this is the 2nd time this law was voted on. For some reason the first time never hit the books.
    • by sfcat ( 872532 )
      So generally in government the highest level of approval of authorization is a vote in a general election. It is pretty gutsy of the car makers to do this. Also, pretty silly. Because no politician or judge is going to overrule a vote. The most they could even theoretically do to a law is require it to be passed by the voters but in this case that has already happened. To overrule a vote means your political career is effectively over as you will be voted out in the next election (judges are elected in
  • Boo hoo (Score:4, Interesting)

    by Sitnalta ( 1051230 ) on Saturday July 02, 2022 @01:00PM (#62668226)

    If California can mandate stricter emissions, Massachusetts can mandate open diagnostic protocols.

    Does that mean the market will be split into state vs federal versions? Yup, same with Cali emissions at first. But this is going to be a long fight and this is just the first round. As more states pass similar laws, eventually they'll have to decide if making money is more important than their walled garden.

  • What does a decision about what a Federal administrative agency was authorized to do by Congress have to do with a voter initiative at the state level?
    • by splutty ( 43475 )

      Nothing. But it takes another 12 months to make sure it doesn't. And then after those 12 months, they can complain they don't have enough time, because they didn't have to do anything during those 12 months. Right?

    • Re: (Score:3, Interesting)

      by rudy_wayne ( 414635 )
      The Republican Taliban (formerly known as The U.S. Supreme Court) has recently decided that congress didn't give the EPA the authority to do certain things, even though the law passed by congress specifically says that the EPA does have the right to do those things. And now some idiot judge has decided to go with that.
    • I think it is the Supreme Court recent push towards State Rights to do stuff without federal control. As consistent federal laws get considered unconstitutionall, states will now jump in and now take power to inact their own laws. Where they will be based on their own electrates desires.

      This push does put companies that rely on interstate commerce into a big problem of having to deal with 50 different state laws vs one federal one.

      Being that these Liberal states tend to push harder regulations but also ha

      • by Bert64 ( 520050 )

        This push does put companies that rely on interstate commerce into a big problem of having to deal with 50 different state laws vs one federal one.

        This is no different than dealing internationally, where many entire countries are smaller both economically and physically than some US states.

        You will also get a lowest common denominator system. Products will be built to comply with the toughest regulation, as these will still be perfectly legal to sell in locations which don't have such rules. Other vehicle regulations (eg emissions, seatbelts etc) were not rolled out globally at once, and yet these regulations set standards which were then rolled out e

    • What does a decision about what a Federal administrative agency was authorized to do by Congress have to do with a voter initiative at the state level?

      It has to do with the explanation, the rationale, that the court specified in its decision. The give the rationale for this very sort of thing. The idea the Supreme Court put forward is that when a regulation has a big enough impact it should be something a legislature enacted, or specifically delegated by a legislature to some agency. That an unelected agency should not have such broad powers. That big impacts should be traceable back to elected representatives.

  • This is all fallout from them and their agenda. Vote them all out. Then find a way to pressure the so-called 'conservative' SCOTUS 'justices' to retire, and maybe, just maybe, we can find judges who are at least closer to being unbiased.
    • by quonset ( 4839537 ) on Saturday July 02, 2022 @02:36PM (#62668366)

      just maybe, we can find judges who are at least closer to being unbiased.

      Finding justices who know what the Constitution is about would be a good start. Considering how much government oversight of the people has expanded with these "originalist" justices on the bench, it's clear law schools aren't doing their job.

      • Re: (Score:2, Insightful)

        The problem as I see it is they can lie through their teeth at their so-called 'confirmation hearing' and still get confirmed, and once seated they're there for life. Someone like that crazy-eyed Amy Coney Barrett would not, in a fair world, have been confirmed, not considering her documented past, having been part of literally a right-wing extremist religious cult; she was even asked directly if she would overturn RvW and as much as said "it's settled law", yet she voted to overturn it anyway. Utter and co
        • The problem as I see it is they can lie through their teeth at their so-called 'confirmation hearing' and still get confirmed

          I get your sentiment, but that applies to every judge since Bork, on the left or the right.

          Now regarding your sentiment, its wrong. They did not lie.

          1. They answered a question like a lawyer, the answer being technically accurate but being open ended in reality.
          2. No candidate says how they will vote in some future case. That would be illegal, for the candidate and the Senator asking.

          Is Roe the law of the land? Yes, it has been for 50 years now. Left unsaid is what will happen if a future case cau

        • It is so depressing to hear, 'vote, vote, vote' and yet here we are. It sucks because of all the Senators assigned to the sticks, like The Dakotas and Wyoming and whose peoples' vote is vastly more important than the millions of minions in California or New York, who actually drive the economy and pay the taxes.

          What's even worse is for someone to relocate to Washington DC, (or be from there) because then all those nice legal rights of self-government are now lost. You know, like voting for a Representativ
    • by drnb ( 2434720 )

      This is all fallout from them and their agenda. Vote them all out. Then find a way to pressure the so-called 'conservative' SCOTUS 'justices' to retire, and maybe, just maybe, we can find judges who are at least closer to being unbiased.

      Actually, these current judges are being unbiased. They are saying things not enumerated in the constitution are not the realm of the federal government, precisely what the constitution says. They are saying that when regulations have a large impact they have to come from elected officials, the legislature, rather than unelected bureaucrats.

      What you are asking for are the biased judges, the judges that are activists who are OK with the unelected making major laws and regulations, be the unelected themsel

  • The vehicle network generates a tremendous amount of data. Assuming you get access to it, who trains thousands of mom & pop shops on what to do with it? (accurately). When I used to work for an OEM, there were always a large number of network data related questions coming from dealer techs (factory trained!) on a daily basis. I doubt any large OEM would sign up to answer the flood of calls from non-dealers. I'm not saying working toward opening up access is a bad idea, but it will take a lot of effort
    • The small shops simply call the dealer and ask if they ever need any information. I go to a non-dealer for my cars as recent as a 2019 model, they never have a problem dealing with whatever is wrong with it. Unlike what people are being gaslit by some of these activists, OEMs already have an obligation to provide warranty repairs by any mechanic of my choosing. Cars arenâ(TM)t that complicated, nobody is doing board level repairs on computers either.

  • Well, it does take up to ten business days for a check to clear, right?

  • I'm skeptical of the claim that they can't redesign their systems to provide the data to customers in time. What needs to be changed? Why can't consumers/independent shops use the same interface that the dealers and authorized shops do? I would think that at most they'd need the external connector, if it is proprietary, and the documentation for the data format. That should be quick and easy to provide. But I don't know much about these systems. Is there something I'm missing, or are they just blowing smoke
    • This article is missing a lot. Much has already been said about the MA law, which is objectively bad from several perspectives. As written it's not just mechanical codes to fix cars, it's wireless access access to everything, whether it's sensitive or not. One cannot simply provide secure and reasonable access unless the system has been designed for that purpose.
      • by sjames ( 1099 ) on Saturday July 02, 2022 @09:09PM (#62668924) Homepage Journal

        The legislation wouldn't have been necessary at all if the auto makers hadn't moved existing useful data from being accessible on the diagnostics port to only being accessible via telematics as an end run around a previously passed law. Thus the new law has to cast a net wide enough that the weasels have nowhere left to hide.

    • by Bert64 ( 520050 )

      A lot of proprietary protocols are never designed with security in mind, and rely on obscurity to hide the presence of glaring security holes.
      Opening it up exposes the holes all at once, whereas reverse engineering by hackers will expose the holes gradually over time.

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