Compilation / Zhang Gull
Edited / Meng for
Design / Zhao Haoran
Source / WIRED, by AARIAN MARSHALL
Chie Ferrelli of New England, USA, bought a Subaru SUV in 2020.
Because of the good driving experience and high safety performance, when her husband, Marc Ferrelli, was buying a new car last summer, they visited the Subaru dealership in southeastern Massachusetts.
But the experience wasn't pleasant — it wasn't long before Mark was told that his new car couldn't use the company's telematics system and the apps that came with it because Subaru had shut down the remote system service for newly registered vehicles in the state.
That meant he couldn't start the engine remotely during the cold new England winters; there was no emergency assistance; and he couldn't receive automatic alerts of low tire pressure or oil changes. Most unpleasantly, in Rhode Island, a mile from where the Ferrellis lived, these features were all available.
Mark said that if he knew about the problem before he walked into the dealership store, he might have chosen Toyota instead of Subaru.
A long war
At the center of the dispute is the right to repair (Right-To-Repair), the choice of who the user wants to repair their car. In November 2020, Massachusetts voters overwhelmingly approved the right-to-repair renewal measures with overwhelming 75 percent approval, calling for an "open data platform."
They demand that, starting in 2022, all new vehicles equipped with telematics systems will have access to vehicle data via this so-called standardized, transparent platform that will allow owners and third-party repair shops to access vehicle data via mobile devices. The goal is to reduce the maintenance monopoly and make vehicle maintenance cheaper and more convenient.
Rep. Bobby Rush said he introduced the bill to address "inadequate and outdated laws and regulations" and said that as cars become more advanced, manufacturers have easy access to important vehicle data, independent repair shops are locked out.
But before the "open data platform" envisaged by the law was born, automakers filed lawsuits and took action to prevent the initiative from coming into effect.
First Subaru, then Kia, who turned off telematics systems on their latest cars in Massachusetts, annoying users like the Ferrellis.
Subaru's spokesman, Dominick Infante, wrote in a statement: "It's not about complying with the law — it's about having to avoid breaking it." Kia also said in the statement: "The access platform required by the new law does not exist in the current market and therefore cannot be complied with." ”
In fact, back in 2012, Massachusetts voters passed a similar measure for the first time, requiring automakers to use non-proprietary in-vehicle diagnostic ports on each vehicle.
A year later, the initiative became the basis for a national agreement. Automakers guarantee that owners and mechanics will have access to the same tools, software, and information as their own licensed car dealers. As a result, today anyone can buy a diagnostic tool plugged into a car port and get a diagnostic code that tells them what's wrong. Mechanics are able to learn how to perform repairs through the repair manual.
Right to maintenance 2.0: Data
For now, independent mechanics are still competitive. The American Trade Association, which represents them, says 70 percent of auto repairs are in independent repair shops, with backyard repairers abounding.
But a new generation of cars has become a computer on wheels, collecting about 25GB of driving data per hour, the equivalent of five high-definition movies.
The automaker said much of that information was of no use to them and would therefore be discarded. Sensitive personally identifiable information, such as vehicle identification numbers, is handled in accordance with the strict Consumer Privacy Protection Principles. But some information, such as the location of the vehicle and how specific parts are operating at a certain point in time, is anonymized and sent to the manufacturer.
Much of the data is transmitted wirelessly. As a result, independent mechanics and maintenance rights proponents fear that automakers will stop sending important repair information to diagnostic ports, hinder the work of independent mechanics, and limit customers to relationships with dealers.
Kyle Wiens, founder of iFixit, a website that provides tools and repair guides, said: "The fight has escalated to 'Right to Repair 2.0' and independent repairers have had access to information and parts, and now they're looking at the data. ”
Automakers argue that opening up a car's mechanical data to anyone is dangerous and violates federal law.
In November 2020, just after voters approved the measure, the Automotive Innovation Alliance, an organization that represents most major automakers, sued Massachusetts in federal court.
They argue that the federal government, not the states, should control who has access to the car's telematics system, and say the open data platform required by legal agencies is an irresponsible and extremely risky decision. The State Maintenance Rights Commissioner, which represents more than 1,600 Massachusetts repair shops, responded that automakers have plenty of time to prepare.
Last summer, the Biden administration instructed the FtC to write rules that would make it easier for consumers to access data and repair tools for their consumer electronics. Immediately, there were advocates who wanted the rules to apply to the automotive industry.
Josh Siegel, an assistant professor of engineering at Michigan State University who studies the security of the Connected Car, argues that automakers may be right that the system envisaged by the law is not technically feasible.
Siegel said that despite the effort and good intentions of the voting measure, it was still not fully understood at the time of writing the complexity of the car's telematics system. These systems provide not only data on the failure and cause, but also driver assistance systems that enable emergency braking and elements of a by-wire system that helps drivers control the car. Therefore, it is not realistic to require manufacturers to build a secure and open telematics system in just a few months.
The dealer was caught in the middle and helpless.
Bob O'Koniewski, executive vice president of the Massachusetts Auto Dealers Association, said: "The shortage of chips has limited the production and sale of cars, and it's hurt that manufacturers haven't stepped forward to talk to dealers." ”
But he is equally unhappy with the independent repair industry, accusing it of "grabbing money". His group has written a bill that is currently under consideration by the Massachusetts legislature that would give automakers a longer deadline for preparing how to respond to open data platforms by 2025.
Obviously, in addition to legal institutions and advocates, automakers and dealers, consumers are one of the more important parties in this tug-of-war. Do consumers know how much data is flowing out of their vehicles and where?
The CAR's GPS positioning, temperature data, biometric information, and data on key components are all profitable. A few years ago, Siegel and his colleagues estimated that the U.S. connected car data market could be worth as much as $92 billion, with everyone from manufacturers and component suppliers to dealers and insurance companies vying for share.
As car owners, the Ferrellis said: "I think they can create a platform to meet some of these parts of the legislative requirements." But we, as car owners, don't want it to be in my own car. ”
The Automotive Innovation Alliance declined to comment on the grounds of the lawsuit. But at a 2020 hearing, a representative of the group spoke out, saying that independent repair shops want to get car data, not just for repairs, but also to advertise to customers and make sales.
In fact, the fight is having a national impact, and not only in the auto industry, but also in the automotive industry, including stakeholders in other electronic device industries such as mobile phones and home appliances, but also consumers, farmers, medical experts and other advocates are fighting back against the maintenance monopoly. Just in early February, more than a dozen states have submitted proposals.
From 2012 to today, with small ups and downs from time to time, the rights-to-repair movement has become yet another lengthy and frustrating American film. By the time the game finally dawns, it could be the next decade.