The Oregon House this week voted down the right-to-repair bill by a nearly 3-to-1 margin, 42 votes to 13. (more like the quarter), but the legislation contains aggressive language that goes beyond what’s on the books. As a result, manufacturers are divided.
Google fully endorsed the bill in January. An executive at the software giant called Oregon “an exciting model for other states to follow,” in an open letter.
Apple, which previously wrote an open letter in support of California’s legislation, was less enthusiastic. It’s a stark contrast, especially the similarities between the accounts. In fact, Oregon based much of its legislation on that drafted by its neighbor to the south. The company insists that — as with California law — it is mostly in favor of the Oregon approach.
“Apple agrees with the vast majority of Senate Bill 1596,” John Perry, Apple’s senior director of Secure System Design, said in a deposition to state lawmakers last month. “I met with the senator [Janeen] Sollman many times and I appreciate her willingness to engage in an open dialogue. Senate Bill 1596 is a step forward in ensuring that Oregonians, including myself, can get their appliances repaired easily and affordably.
Apple’s big problem with the bill is due to what’s known as “component pairing.” Practice requires the use of proprietary components in order for the repaired device to function as intended. Perry cited biometrics as a particular source of concern, noting:
Under the current pairing wording of SB 1596, Apple could be forced to allow third-party biometric sensors to work on our devices without any form of authentication, which could lead to unauthorized access to an individual’s personal data. This would be incredibly bad for consumers not only in Oregon, but around the world, as we do not have the ability to limit such provisions at the regional level.
However, the practice has long been a concern of repair advocates. PIRG (Public Interest Research Group) has petitioned the FTC to ban what it calls “one of the most pernicious barriers to the right to redress.”
OPIRG State Director Charlie Fisher he adds, “I’m proud that we’re moving forward with an innovation even more critical than a new gadget: the right to repair our electronic devices. By removing manufacturer restrictions, Right to Repair will make it easier for Oregonians to keep their personal electronics working. This will save valuable natural resources and prevent wastage. It’s a refreshing alternative to a throwaway system that treats everything as disposable.”
In an interview with TechCrunch last month, Sen. Sollman expressed frustration with efforts to contact Apple during the bill-making process.
“People were coming to me with potential changes and I felt like I was playing the operator’s game, like I was the one who had to push the changes and not Apple itself,” he told TechCrunch. “This is very disappointing. We enjoyed many of the changes Apple introduced that are included in the California bill. There were two items left that concerned them. We addressed one of them because it provided some ambiguity in the bill. And so I think the one place that . . . they will stand on the hill where the parties mate.’
The bill has received bipartisan support in both the Senate and the House. It is currently headed to the governor’s office, where it can be signed into law.
