In a significant win for consumer rights, New York became the first state to pass the Digital Fair Repair Act in December 2022. However, despite its initial promise, the bill has been widely criticized for being “functionally toothless” and containing language written by Big Tech. Now, internal documents obtained by nonprofit media organization Grist reveal that the bill was altered to satisfy the demands of companies like Apple, Google, Samsung, and HP.
According to Grist, TechNet, a trade organization that represents major tech firms, played a key role in shaping the legislation. The group requested that the law apply only to future products, not existing ones, and that printed circuit boards be excluded from the bill’s coverage. Additionally, TechNet pressed for manufacturers to be allowed to sell multiple components pre-assembled as one unit, rather than as individual parts, citing safety concerns.
While the original version of the bill was passed by the New York State Senate in June 2021, it underwent significant changes in response to pressure from TechNet and other lobbying groups. The revised bill contained numerous exclusions for items such as police radios and farm equipment, which bill sponsor Patricia Fahy said were necessary to get the bill “over the finish line.” Fahy stated that she was willing to accept those concessions because it meant the legislation would focus on small electronics and cell phone repair and provide consumers “the biggest bang for their buck.”
After the bill was passed, TechNet and other industry lobbyists held frequent meetings with Governor Kathy Hochul in an attempt to overturn or further water down the legislation. While Microsoft requested some edits to the bill, the company did not ask for a veto, unlike Apple, IBM, and TechNet. Ultimately, TechNet succeeded in getting most of its requested changes added to the bill, including text written by the organization.
Critics argue that the final version of the bill is a major disappointment, given its initial promise. Gay Gordon-Byrne, executive director of advocacy group Repair.org, said that while getting any right to repair bill passed is “huge,” this one “could have been huger.” However, Fahy remains optimistic that the legislation will have a positive impact. She believes that the passage of the bill will encourage other states to follow suit and enact their own right to repair laws, potentially leading to a national agreement between manufacturers and repair firms.
In the meantime, the New York Department of State will need to create regulations to govern how the law is implemented. Fahy hopes that these regulations will clarify some of the bill’s weakened aspects. She also believes that the legislation will help New Yorkers save money on repairs and prevent old devices from ending up in landfills.
The passage of the Digital Fair Repair Act is part of a broader push for right to repair legislation in the United States. In 2021, President Biden asked the Federal Trade Commission (FTC) to draft new regulations on the subject, and several other states are considering similar bills. However, as the New York case demonstrates, major tech firms have been heavily involved in efforts to shape this legislation, and it remains to be seen whether any state will succeed in passing a truly comprehensive right to repair law.
