Digital Fair Repair Act
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The Digital Fair Repair Act is a
New York State New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
law that ensures consumers and independent repairers the
right to repair Right to repair is a legal right for owners of devices and equipment to freely modify and repair products such as automobiles, electronics, and farm equipment. Right to repair may also refer to the social movement of citizens putting pressure on ...
their
consumer electronics Consumer electronics, also known as home electronics, are electronic devices intended for everyday household use. Consumer electronics include those used for entertainment, Communication, communications, and recreation. Historically, these prod ...
. The law requires original equipment manufacturers (OEMs) of
consumer electronics Consumer electronics, also known as home electronics, are electronic devices intended for everyday household use. Consumer electronics include those used for entertainment, Communication, communications, and recreation. Historically, these prod ...
to provide parts, tools, manuals, and other information to consumers for the repair of these devices. It exempts
motor vehicle A motor vehicle, also known as a motorized vehicle, automotive vehicle, automobile, or road vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on railway track, rails (such as trains or trams), does not fly (such ...
s (which are already covered by a
Massachusetts law The law of Massachusetts consists of several levels, including constitutional, statutory, regulatory, case law, and local ordinances. The ''General Laws of Massachusetts'' form the general statutory law. Sources of law The Constitution of Mas ...
),
home appliance A home appliance, also referred to as a domestic appliance, an electric appliance or a household appliance, is a machine which assists in household functions such as cooking, cleaning and food preservation. The domestic application attached to ...
s, and
medical equipment A medical device is any device intended to be used for medical purposes. Significant potential for hazards are inherent when using a device for medical purposes and thus medical devices must be proved safe and effective with reasonable assura ...
. The bill was signed into law by Governor
Kathy Hochul Kathleen Hochul ( ; ; born August 27, 1958) is an American politician and lawyer who has served since 2021 as the 57th governor of New York. A member of the Democratic Party (United States), Democratic Party, she is New York's List of female ...
on December 28, 2022, and it will apply to devices first used or purchased in the state on or after July 1, 2023. This law makes New York the first state in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
to mandate a form of right to repair by consumers for electronic devices.


History

The bill was introduced in April 2021. It was approved as Bill S4104A by the
New York Senate The New York State Senate is the upper house of the New York State Legislature, while the New York State Assembly is its lower house. Established in 1777 by the Constitution of New York, its members are elected to two-year terms with no term ...
on June 3, 2022, and previously as Bill A7006B by the New York Assembly. It was signed by Governor Kathy Hochul on December 28, 2022, though the bill was amended following opposition of some of its parts by technology industry lobbyists. With the amendments, manufacturers are not required to provide passwords or tools for bypassing a device's security features. They can also offer assemblies of parts rather than individual parts "when the risk of improper installation heightens the risk of injury," potentially increasing prices and discouraging these repairs. Furthermore, this law will only apply to new electronic products manufactured or sold in New York State on or after July 1, 2023, and it excludes products sold only for commercial or government use.


Reception

While initially acclaimed, the bill was met with mixed reception after Governor Hochul's last-minute amendments.
iFixit iFixit ( ) is an American e-commerce and how-to website that publishes free wiki-like online repair guides and tear-downs of consumer electronics and gadgets. It also sells repair parts, tools, and accessories. It is a private company in San Luis ...
CEO Kyle Wiens, who was thrilled due to the bill finally being passed, said, “This is a huge victory for consumers and a major step forward for the right to repair movement. New York has set a precedent for other states to follow, and I hope to see more states passing similar legislation in the near future.” However, he criticized the lobbying that weakened the bill towards the end. Right to repair activist Louis Rossmann was highly critical of the New York State legislature and Governor Hochul, accusing them of corruption, in a video he posted on
YouTube YouTube is an American social media and online video sharing platform owned by Google. YouTube was founded on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim who were three former employees of PayPal. Headquartered in ...
after the passage of the bill. He had predicted the amendments in an earlier video.


References


External links


Text of Bill S4104AText of Bill A7006B
Right to repair New York (state) statutes {{Statute-stub