[S]tories of exploding batteries provided a gripping illustration for policymakers at a Monday morning hearing on the sometimes abstract concept of “right to repair.”
“You’ve all seen the videos on YouTube of a hoverboard catching on fire,” George Kerchner, a lobbyist from the Rechargeable Battery Association, said to the lawmakers and state officials on a right to repair task force on Monday. Heads nodded in agreement.
“You’re talking about temperatures of 1,100 degrees Fahrenheit; that’s our concern with unauthorized repair,” Kerchner said. “Consumers, unauthorized facilities pulling cells out and not fully understanding the risks is a very significant concern.”
The right to repair movement wants to pass legislation to require the electronics industry to make available authorized parts so that independent stores and individuals can repair consumer electronic products, including phones, tablets and computers. Many electronics manufacturers invalidate warranties if repairs or modifications are made anywhere other than authorized shops.
The Legislature set up the task force earlier this year.
Kerchner brought a bag of batteries to display as he testified, and they seemed to make an impression; members of the committee mentioned them frequently as they talked about how to move forward on the complex issue.
Sen. Chris Pearson, P/D-Chittenden, sponsored right to repair legislation last year after hearing about similar legislation in other states at a conference. Right to repair supporters say requiring electronics companies to release parts for use in unauthorized repair shops would save consumers money by providing more repair options and would keep more electronic devices out of landfills.
Pearson described himself as a “tinkerer,” and said he knew he wasn’t the only one who would like access to authorized parts so he could fix his belongings himself.
“It personally bothers me to throw things out,” said Pearson. “I started asking around and found that indeed a lot of people do think we should have an easier time. What could be more Vermont than the ability to fix your own stuff?”
The task force hearing on Monday was one of five to be held over the summer and fall. The group, which includes Rep. Matthew Hill, D-Wolcott, Assistant Attorney General Chris Curtis, Nick Grimley of the Vermont Department of Economic Development, and state IT manager Shawn Potter, heard from Kevin Callahan, a lobbyist for the nonprofit CompTIA, or the Computing Technology Industry Association. Callahan said he has lobbied in many of the 19 states considering similar legislation. No state has passed right to repair legislation so far.
Callahan said CompTIA would like the system to stay the way it is.
“There is a pretty wide group of authorized repair networks or options for you as a consumer when your device fails,” he said. “The legislation is really one size fits all, trying to lump in every business model they have, and undercut contractual relationships with the local repair shop.”
Earl Crane, cybersecurity adviser at the Security Innovation Center, described a cascading effect of unintended consequences.
“Pushing forward an insecure repair breaks device integrity … it could have implications for all of us,” Crane told the task force. Integrity and accountability are built into the service at certified and authorized repair shops, he said.
“If we can’t trust the device running our software, we can’t trust any of the software running on the device,” he said. “Nor can we trust any of the devices that are connected.”
Pearson said afterwards that industry testimony hasn’t changed anything for him. He noted that Crane and others hadn’t been able to tell him why the system in place now – where any user can have a screen or battery device repaired in a shop at the mall – isn’t exposing users to security breaches.
“I don’t think it’s legitimate,” Pearson said of Crane’s testimony. “All we’re saying is the parts the small repair business puts in there should be the parts that are really designed to go in it.”
Pearson wants to survey Vermont landfill users to see how many devices do end up being thrown away. He added that the heavy presence of lobbyists in the Statehouse hearing room showed him mainly how intent manufacturers are on protecting their market share.
“Some of those players who are traveling a great distance have come to every one of our meetings,” he said. “That suggests to me that the manufacturers really like the profit center they’ve created. Most of us think when we buy something, it’s ours to do with as we please. The manufacturers have created a way to keep us on the hook for much longer.”
The task force lawyer from the Legislative Council, David Hall, will draft recommendations for the Legislature. Pearson said he thinks it will be a while before a law is passed.
“This is a pretty complex dynamic,” Pearson said. “The corporate world has spent decades perfecting planned obsolescence and four or five meetings of a task force to overcome it is just not realistic.”
