Who Owns the Data from Cars: Owners or Companies?
Introduction
In 2020, Massachusetts voters approved a groundbreaking law that aimed to determine who owns the data created by cars: the owners or the companies that built them. This law required automakers to develop an “open data platform” that would grant owners and independent repair shops access to crucial information for diagnosing and repairing cars. However, automakers expressed concerns about potential cyberattacks and safety risks linked with such a platform. The Alliance for Automotive Innovation, a trade association and lobby group representing major automakers globally, filed a lawsuit against the state.
The Biden Administration’s Endorsement
After some wavering, the Biden administration has shown support for Massachusetts voters and their right to repair. In a letter sent recently by a lawyer for the National Highway Traffic Safety Administration (NHTSA), the US auto safety regulator, it was stated that the administration allows the state to enforce its law. The NHTSA lawyer, Kerry Kolodziej, emphasized the administration’s strong support for the right to repair.
A Turnaround for the Administration
The Biden administration initially raised the right to repair as a significant matter by involving the Federal Trade Commission to challenge manufacturers’ limitations on independent repairs. However, in June, NHTSA’s Kolodziej warned car manufacturers against violating Massachusetts law, stating that the required open data platform could make cars susceptible to hackers. This frustrated defenders of the right to repair. Nevertheless, the recent letter suggests a shift in perspective, as attorneys for the federal and Massachusetts governments have found ways to grant secure access to essential vehicle repair information.
Secure Access to Vehicle Repair Information
According to the letter from NHTSA, automakers can comply with the law by utilizing short-range wireless protocols, such as through Bluetooth. This secure method would grant owners or owner-authorized independent repairers the necessary access to diagnose problems and repair vehicles. The endorsement of Massachusetts’ law by the Biden administration marks a potential turning point in securing the right to repair for car owners.
Implications and Future Discussions
The repeal of the Massachusetts law presents an opportunity for further discussion on national right-to-repair issues. Nathan Proctor, the head of the right-to-redress campaign at the advocacy organization US Public Interest Research Group, emphasizes the need for a genuine conversation about the future of internet-connected cars to protect privacy, security, and the right to repair. The recent letter from NHTSA could serve as the starting point for this important conversation.
Unanswered Questions
The new federal measure’s impact on car buyers in Massachusetts is yet to be fully understood due to the ongoing lawsuit filed by automakers against the right-to-repair law. State Attorney General Andrea Joy Campbell has announced intentions to enforce the law early this summer. The letter from NHTSA acknowledges that the open data platform required by the law does not yet exist and allows vehicle manufacturers a reasonable period to develop and test the technology safely. However, the Massachusetts Attorney General’s Office did not respond to inquiries regarding these matters.
Conclusion
In conclusion, the battle over who owns the data from cars has taken an interesting turn with the Biden administration’s endorsement of Massachusetts voters’ right to repair. This marks a significant shift in the national conversation surrounding the right to repair, as it pertains not only to cars sold in Massachusetts but potentially to all internet-connected vehicles. As the lawsuit continues, it remains to be seen how this federal measure will ultimately impact car buyers in the state. Nevertheless, the recent letter from NHTSA opens the door to discussions on privacy, security, and the future of vehicle repairs.
Summary:
In a groundbreaking move, Massachusetts voters approved a law in 2020 that required automakers to build an open data platform, granting car owners and independent repair shops access to necessary information for diagnosing and repairing vehicles. Automakers were initially concerned about cybersecurity risks and safety implications, leading to a lawsuit against the state. However, the Biden administration has now endorsed the right to repair and supports Massachusetts’ law. The National Highway Traffic Safety Administration (NHTSA) has urged the state to enforce the law, stating that they strongly support the right to repair. An open data platform could potentially make cars more susceptible to cyberattacks, but the NHTSA suggests that secure access to vehicle repair information can be achieved through short-range wireless protocols. This recent development opens the door to broader discussions on privacy, security, and the future of internet-connected cars.
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Who is the owner of the Data created by cars: their owners or the companies that built them?
In 2020, Massachusetts voters overwhelmingly approved a law that began to answer that question. It required automakers that sell cars in the state to build an “open data platform” that would allow owners and independent repair shops to access the information they need to diagnose and repair cars. Automakers have responded, arguing that such a platform would make their systems vulnerable to cyberattacks and put drivers’ safety at risk. The Alliance for Automotive Innovation, a trade association and lobby group representing most automakers globally, sued the state.
Now, after some wavering, the Biden administration has endorsed Massachusetts voters. in a letter sent yesterday, a lawyer for the National Highway Traffic Safety Administration (NHTSA), the US auto safety regulator, told the Massachusetts attorney general’s office that the feds would allow the state to go ahead and enforce his law. “NHTSA strongly supports the right to repair,” wrote Kerry Kolodziej, the government attorney.
This is a turnaround. The administration had raised the right to repair (the idea that the owner of a product, not the company that sold it to them, gets to decide how to fix it) as a matter of signature, involving the Federal Trade Commission in an effort to challenge manufacturers who place limits on independent repairs. But in June, NHTSA’s Kolodziej wrote to warn car manufacturers from breaking Massachusetts law, frustrating defenders of the right to repair. He said the “open data platform” required by law could make cars sold in Massachusetts susceptible to hackers, who could use the platform to access vital steering, acceleration or electronic systems.
Yesterday’s letter indicates that attorneys for the federal and Massachusetts governments have agreed that there are ways to give more people secure access to crucial vehicle repair information. Automakers could comply with the law “through the use of short-range wireless protocols, such as via Bluetooth,” to give owners or owner-authorized independent repairers access to the information they need to diagnose problems and repair the vehicles, the letter says.
Nathan Proctor, head of the right to redress campaign at the advocacy organization US Public Interest Research Group, wrote in a statement that the government’s repeal of the Massachusetts law creates an opportunity for new discussion on national issues of law. to repair. “It is time to have a frank conversation about the future of Internet-connected cars to ensure privacy, security and the right to repair are respected,” he wrote. “The latest letter from NHTSA could be the start of that conversation.”
It’s not yet clear how the new federal measure will affect car buyers in Massachusetts. The automakers’ lawsuit stemming from the right-to-repair law is still ongoing. State Attorney General Andrea Joy Campbell said she would finally start enforcing the law early this summer. In the letter sent by NHTSA, the agency acknowledged that the open data platform required by the law does not yet exist, noting that federal and state legislators had agreed to allow vehicle manufacturers “a reasonable period of time to develop, test and develop safely. implement this technology. The Massachusetts Attorney General’s Office did not respond to questions from WIRED.
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