Saturday, July 20, 2024

CRS Reports – Week of 7-13-24 – Automotive Right-to-Repair

This week the Congressional Research Service (CRS) published a report on “Access to Motor Vehicle Software and Data”. This report is a relatively lengthy discussion of the issues related to the ownership and use of data produced by and stored in modern motor vehicles. It includes an analysis of HR 906 (has not been covered here), the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, which addresses those issues.

Sections of the report addresses: 

• Motor Vehicle and Aftermarket Industries,

• Software-Defined Vehicles (SDVs),

• Potential Direct OEM-Consumer Relationship and Bypass of Dealers,

• Executive Branch Oversight of Aftermarket,

• Copyright Laws Related to the SDV Aftermarket,

• State Laws and Reactions: 2012-2024, and

• Options for Congress

In the discussion about copyright laws (particularly 17 USC §1201), there is a detailed (and thoroughly footnoted) review of the proposed extension of the Library of Congress’ current exemption “{§1201(a)(1)} allowing a person may circumvent access controls on computer programs when doing so is a necessary step for diagnosing, maintaining, or repairing a motorized land vehicle, such as a personal automobile or commercial vehicle. The current exemption expires on October 27th, 2024.

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