New York’s Right to Repair Law Watered Down by Big Tech Lobbyists

In spring of last year, the New York state legislature passed the nation’s first electronics right to repair bill. That bill then sat in purgatory for more than six months, before finally being signed into law by governor Kathy Hochul at the very end of the year. 

The bill Hochul signed, however, has been watered down so much as to be nearly unrecognizable, seemingly the result of industry lobbyists seeking to make the law much more friendly to big tech.

The original bill would have required manufacturers selling electronics in New York to provide access to parts, tools, and repair information about their products. That would have made it much easier for people to repair things like iPhones and laptops.

According to a draft version of the bill acquired by Motherboard that showed changes tracked on the document, the bill got several updates before Hochul signed it. First, it now only applies to goods manufactured after July 1, 2023. Second, it appears to exclude electronics used by the government and schools. It also now excludes some smartphone circuit boards and requires repair shops to post long notices about warranties.

The signed bill also gives a lot of power to the manufacturers. One section in particular gives companies like Apple a lot of power over what parts it sells to customers and how they can use them. “Nothing in this section shall prevent an original equipment manufacturer from offering parts, such as integrated batteries, to independent repair providers or owners pre-assembled with other parts rather than as individual components, where the individual components may pose a heightened safety risk if installed improperly,” the bill said. That kind of language might make it hard for people to get parts they need to do basic repair if the original manufacturer decides it’s unsafe, which is an argument that Apple in particular has used extensively in the past. 

The original bill was simple and passed with overwhelming support in both houses of the New York state legislature. “I’ve pushed for repair reforms in dozens of states, and been told by industry lobbyists that we’d never see a floor vote, that we’d never pass a bill, that a governor would never sign it,” Nathan Proctor, the head of USPIRG's Right to Repair Campaign, said in a statement. 

“And while it’s not everything we wanted, it’s the first of its kind in the nation, and just the start,” Proctor said. “Our goal is, and has always been, to make sure people can fix their stuff. That’s what is needed to cut electronic waste and pollution from our electronics. That’s what will save consumers money and restore control of our gadgets. With this bill signing, we’re closer to that goal than ever.

Proctor said he’s disappointed by the new carve outs and exceptions in the bill, but he’s still excited it passed and is ready to work to strengthen it. “I am incredibly proud of our scrappy coalition of tinkerers, fixers, repair shops, DIYers, and consumer and environmental advocates which continues to stand up to the most powerful manufacturers in the world,” he said. “We will continue to push for Right to Repair because it’s an idea whose time has come.” 

Even watered down, the New York’s Digital Fair Repair Act is an important step in the fight for the right-to-repair.