31 votes

Massachusetts passed a law requiring cars make data accessible to independent shops to allow repairs. Automakers sued.

Posted by boxer_dogs_dance
Tags: usa.ma, politics, government.local, policy.transport, automotive, cars, right to repair, rights.consumer, legal, lawsuits, automotive industry, business, data, author.leah chan grinvald, author.ofer tur sinai, source.the conversation
https://theconversation.com/the-battle-over-right-to-repair-is-a-fight-over-your-cars-data-213052

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Title
The battle over right to repair is a fight over your car's data
Authors
Leah Chan Grinvald, Ofer Tur-Sinai
Published
Nov 13 2023
Word count
1155 words

2 comments

  1. AugustusFerdinand
    Link
    Or the manufacturer could have... Not equipped cars with unnecessary wireless communication making this a non-issue. Not allow these communications to actually control a car's critical systems....

    Safety and privacy concerns
    While the amendment makes significant strides toward creating a level playing field in vehicle maintenance and repair, the National Highway Traffic Safety Administration and car manufacturers have raised concerns about the legislation.

    The National Highway Traffic Safety Administration’s main concern revolves around cybersecurity vulnerabilities with potential ramifications for vehicle safety, particularly the amendment’s provision for two-way access. A hacker could potentially take control of a car’s critical systems like accelerator, brakes and steering. Consequently, the agency recommended that car manufacturers not adhere to the law.

    Or the manufacturer could have...

    1. Not equipped cars with unnecessary wireless communication making this a non-issue.
    2. Not allow these communications to actually control a car's critical systems.

    A related argument is that Massachusetts law is preempted by federal law. This forms the basis of a lawsuit filed in November 2020 by the Alliance for Automotive Innovation against Massachusetts’ attorney general.

    The manufacturers assert that abiding by the state law would inevitably put them in breach of federal statutes and regulations, such as the National Traffic and Motor Vehicle Safety Act. This lawsuit was pending as of press time, although the Massachusetts attorney general declared the law effective as of June 1, 2023.

    See: CARB
    States can make laws that are more strict than federal, just not more lenient. This would be the former.

    Critics also emphasize the privacy concerns associated with open access to telematics systems. Granting third-party access could expose personal details, especially real-time location data. Advocacy groups warn that this information might be used as a tracking tool by potential abusers and others aiming to exploit people.

    What's a way that this could be prevented? Oh... I know! The car could be a car and not collect data on the driver in the first place.

    9 votes
  2. boxer_dogs_dance
    Link

    As legal scholars, we find that the question of whether you and your local mechanic can tap into your car’s data to diagnose and repair spans issues of property rights, trade secrets, cybersecurity, data privacy and consumer rights. Policymakers are forced to navigate this complex legal landscape.

    4 votes