The Massachusetts Right to Repair Initiative (2020), also known as Question 1, appeared on the Massachusetts 2020 general election ballot as an initiated state statute. It was approved by voters and the measure will update the state's right to repair laws to include electronic vehicle data. A similar Right to repair initiative (also named Question 1) appeared on the 2012 state ballot and passed with 86% of the vote.[1]
The measure extends the state's right to repair laws to include telematics systems. Telematics systems contain car data that is stored outside the vehicle, and may include information that relates to navigation, GPS, and mobile internet. It nominally requires cars sold in Massachusetts starting with the model year 2022 to equip any cars having telematics systems with a standardized open access data platform. Independent repair shops and mechanics are supposed to, with owner permission, automatically have access to the vehicle's data to use it for diagnostics and car repair. Before this law, data may only be used by manufacturer repair shops unless permission is granted.
Implementation
Car manufacturers sued to stop implementation of the law.
In June 2023, the National Highway Traffic Safety Administration told manufacturers not to comply with the Massachusetts law, on grounds that "A malicious actor here or abroad could utilize such open access to remotely command vehicles to operate dangerously, including attacking multiple vehicles concurrently."[2]
In response to criticism of this decision from Massachusetts parties, in August 2023, NHTSA said it would be legal for manufacturers to provide access via short-range Bluetooth connections rather than long-distance cellular modems. This reduces the risk of hacking, but makes it harder for independent shops to offer long-distance telematics services.[3]
Proponents
Supporting arguments
Supporters of the initiative argue that it would extend consumer choice in car repair sites, increasing competition and decreasing costs of car repair. Independent mechanic advocates argue that it would help support smaller and more local repair shops to be able to compete with larger manufacturer repair chains. Telematics is also a growing part of car systems, and supporters of the initiative argue it would extend right to repair to account for technological changes.[4] Opponents say this is a misleading characterization of the auto repair market, in which owners would still have choices for finding fixes.[5]
The proposal requires that access to information would pass through "an authorization process standardized across all makes and models and administered by an entity unaffiliated with the manufacturer." Opponents of the measure have not identified any basis to believe that this entity will not take advantage of data security techniques in designing the authorization process or to believe that data protection measures will be insufficient to protect the data and vehicle owner.
Opponents
Opponents of the initiative argue that it would result in cyber security risk and possibly make vehicle data more vulnerable. Several TV ads attacking the initiative have connected the data security concerns as allowing easier stalking and concerns of sexual predators.[6] Critics have cited these concerns as "[veering] into exaggeration and fear mongering".[7]
