Review - HR 8544 Introduced – Right-to-Repair

Back in May, Rep Morelle (D,NY) introduced HR 8544, the Fair Repair Act. The bill would establish a requirement for original equipment manufacturers to make available “documentation, parts, and tools, inclusive of any updates to information or embedded software” for the purpose of diagnosis, maintenance or repair of equipment sold or used in the United States. It would also make the Federal Trade Commission the agency responsible for enforcement of the requirement.

Morelle introduced a similar bill last session, HR 4006 (removed from paywall). No action was taken on that bill. There have been significant changes made from that earlier version.

Moving Forward

Neither Morelle or his three cosponsors are members of the House Energy and Commerce Committee to which this bill was assigned for consideration. Generally, this means that the Committee is unlikely to consider this bill. If the bill were to be considered in Committee, it would almost certainly draw significant opposition from Republicans supporting manufacturers, and from some Democrats for privacy issues. There may not be enough votes to move the bill forward because of that opposition.

Commentary

This bill addresses an issue of some importance, but I think that more works needs to be done on the concept.

There is one particular piece that deserves specific attention, the provision concerning security measures. If this were included in a bill written by some law-and-order Republican, I would suspect that §4(1) was specifically included to provide police with a way to get around encryption on computers and communication devices. Limitations need to be put into place to ensure that this is not a tool to get around self-incrimination protections.

 

For more details about the provisions of the bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-8544-introduced - subscription required.

Review - HR 4006 Introduced – Fair Repair Act

Last month, Rep Morelle (D,NY) introduced HR 4006, the Fair Repair Act. The bill would establish a requirement for original equipment manufacturers to make available “documentation, parts, and tools, inclusive of any updates to information or embedded software” for the purpose of diagnosis, maintenance or repair of equipment sold or used in the United States. It would also make the Federal Trade Commission the agency responsible for enforcement of the requirement.

Neither Morelle or his sole cosponsor {Rep Khanna (D,CA)} are members of the House Energy and Commerce Committee to which this bill was assigned for consideration. Generally, this means that the Committee is unlikely to consider this bill. If the bill were to be considered in Committee, it would almost certainly draw significant opposition from Republicans supporting manufacturers, and from some Democrats for privacy issues. There may not be enough votes to move the bill forward because of that opposition.

For more details about the provisions of the bill and my suggestions for improvements, see my article at CFSN Detailed Review - https://patrickcoyle.substack.com/p/hr-4006-introduced - subscription required.

Bills Introduced – 6-17-21

Yesterday with both the House and Senate in Washington and preparing for the new federal holiday, there were 118 bills introduced. Three of these bills may receive additional attention in this blog:

HR 4005 To direct the Director of the Cybersecurity and Infrastructure Security Agency to establish a School Cybersecurity Improvement Program, and for other purposes. Rep. Matsui, Doris O. [D-CA-6]

HR 4006 To require original equipment manufacturers of digital electronic equipment to make available certain documentation, diagnostic, and repair information to independent repair providers, and for other purposes. Rep. Morelle, Joseph D. [D-NY-25]

S 2134 A bill to establish the Data Protection Agency. Sen. Gillibrand, Kirsten E. [D-NY]

I would also like to mention in passing one Senate Resolution:

S Res 279 A resolution designating June 21, 2021 through June 25, 2021, as "National Cybersecurity Education Week". Sen. Rosen, Jacky [D-NV] 

I will be watching HR 4005 for language and definitions that would indicate that building control and/or security systems are specifically covered. I am not holding my breath.

I will be watching HR 4006 for language and definitions that could have cybersecurity implications.

I will be watching S 2134 for definitions and language that might indicate that control system information would be covered. I am not really expecting to find it.