National Association of Manufactured Consent: D.C. Group Floats Anti Right to Repair Tome
First they ignore you. Then they laugh at you. Then they hire D.C. consultants to attack you. Plus: Google expands iFixit partnership & Apple makes diagnostic tools available for iPhone 15, M2 Macs.
This past week, the National Association of Manufacturers (NAM)1 released a report on the case against right to repair. You’ll be shocked to read that it was full of hot air.
The report, which was authored by Ike Brannon and Kerri Seyfert of the D.C. based consultancy Capital Policy Analytics, is supposed to be a systematic refutation of right to repair—but it falls way short: recycling already refuted industry talking points and putting a funhouse mirror in front of the common sense idea that making the stuff we bought last longer is a good thing.
Debunking anti-repair talking points
So light your candles and incense: F2R is going to guru you through this trippy NAM exercise in manufactured consent.
Argument #1 | “OEMs Already Provide the Necessary Diagnostic and Repair Tools to Consumers": I love this one because it’s so outlandish. If, as the authors suggest, OEM’s already provide the necessary diagnostic repair tools to consumers then they shouldn’t be worried about right to repair legislation since it wouldn’t change anything. But, as we know, that’s not reality. Independent repair shops and owners struggle to access essential tools, replacement parts and software updates. Working only through authorized repair leads to exorbitant costs and delays. For example, a 2022 study found that 80% of independent repair shops reported difficulties obtaining necessary parts and information from manufacturers. A 2020 survey by the US PIRG Education Fund of 222 biomedical professionals at the height of the COVID pandemic found that nearly half reported they had been denied access to ”critical repair information, parts or service keys” needed to service medical equipment like ventilators.
Argument #2 | Right to repair hurts the environment: The authors claim right to repair could worsen air pollution and create environmental harm. They cite risks of illegal tampering with emissions control systems in cars and tractors, increased production and shipping emissions associated with parts availability, and potential for consumer misuse of equipment.
Where do we even start? First, NAM arguing that we’ll hurt the earth by requiring manufacturers to provide replacement parts. How so? Because those parts need to be produced and shipped? Of course, that’s a very…”creative” argument that ignores the huge environmental cost of our “throw it away and replace it” status quo. As has been noted: 81% of the environmental footprint of devices like the iPhone is tied to the device’s manufacture, not its maintenance. Making and shipping a discrete replacement part, then, is far better for the planet than forcing an owner to throw away a fixable, serviceable device and then manufacture a whole new device to replace it. Nice try, NAM - but: “no.”
As for the air quality stuff? Put aside the offensive notion that companies like John Deere tout: that their customers are just dying to pollute the environment, but Deere’s software locks hold them back. More important:the EPA made clear in a letter sent in August 2023 to the National Farmers Union that the Clean Air Act allows- and encourages farmers to have a choice to repair their own equipment, including emissions related components. We’ll quote that letter, just because it is worth repeating:
“The EPA and the Clean Air Act allow owners to repair emission-related components of their products to proper functioning…Crucially, the Clean Air Act makes no distinction between repair by a manufacturer versus another party. Actions that qualify as repair or replacement are allowed under the Clean Air Act regardless of who makes them. Moreover, nothing in the Clean Air Act or the EPA's regulations limits a manufacturer's ability to provide service tools and information to consumers and independent repair facilities for the purpose of repairing their equipment.”
- Michael Regan, Environmental Protection Agency, August 4, 2023
Funny enough: the authors seemed to have missed that letter (and the many reports of it). And they certainly don’t call attention to incidents like Volkswagen lying about their emissions systems and programming their cars to cheat on emissions tests. Instead they’re painting consumers - rather than corporations - as the ones who can’t be trusted to do the right thing.
Argument #3 | A Patchwork of State Laws Will Make Compliance Difficult and Burdensome: You know, they’ve got a point there. A patchwork of state laws does increase the compliance burden on manufacturers- but they’re sure better than nothing at all. As the saying goes: states are the “laboratories of democracy,” and that’s true with right to repair, which began in earnest more than a decade ago when Massachusetts voters approved an auto right to repair ballot measure. That’s been followed in recent months with electronics right to repair laws in New York, Minnesota and California, and laws covering power wheelchairs and agricultural equipment in Colorado. These laws are just now coming into effect, so if NAM is worried about different requirements across different states they should probably get behind the idea of a federal right to repair law that provides a blanket right to all Americans - while also allowing for more stringent, state-level laws (as currently is the case with environmental regulations.) But, alas, the NAM report is opposed to a federal law, as well. In other words: NAM wants no right to repair of any kind - whether state or federal. Their message? “There’s nothing to see here!” That’s not what we’d call a “good faith argument.
Manufacturing consent is a thing.
In 1988 Edward S. Herman and Noam Chomsky wrote a book called Manufacturing Consent explaining how powerful corporations and organizations can influence public narratives. By controlling and influencing media (along with lobbying) corporations are able to control how we think and talk about issues altogether. This report by NAM is manufactured consent in action: an wealthy industry association with millions in the bank is trying to seed the conversation with false, but reasonable sounding arguments against a grass roots movement its members find threatening. In the process, NAM is trying to “manufacture” (pun intended) the idea that there is a groundswell of opposition to the right to repair.
We should all consider ourselves warned: there are still powerful interests - and money - determined to keep right to repair laws from expanding. As a freedom and fairness loving American, if you’ve got lobbyists in D.C. pissed off and worried, you’re probably doing something right. Right to repair remains a common sense- and popular concept, and it’s going to take more than hand wringing about air quality and intellectual property to change how the vast majority of people feel.
And speaking of the power and money arrayed against right to repair: take a minute and use the button below to donate to the US PIRG campaign that is promoting right to repair laws across the country.
With a string of victories last year and more states considering right to repair legislation this year, PIRG is looking to raise an additional $50,000 - basically NAM’s bar bill at their annual conference - to fund efforts to get those laws passed.
Other News
Google expands partnership with iFixit, announces Pixel “repair mode.” Google is improving repair options for Pixel smartphones. The company announced it is extending its partnership with iFixit to provide better documentation. Also: Google is introducing a "Repair Mode" for Pixel devices, including on-device diagnostics and privacy protection. Repair Mode blocks access to personal data when a third party is repairing the device, frustrating attempts by authorized- or independent repair professionals to steal sensitive data or photos. iFixit's CEO, Kyle Weins, applauded the move, as it enhances user privacy and security during repairs.
You can now access Apple’s official diagnostics tool online for DIY repairs - Apple made access to its diagnostics tool available online for iPhone 15 series and M2 Macs. The tool offers diagnostic capabilities, similar to authorized repair providers. The move comes just days before the nation’s first comprehensive electronics right to repair law, passed in New York State, goes into effect on December 28th. Users of Apple M2-based MacBook Pro, MacBook Air, Mac Mini, Pro, and Studio will get access to tools, parts, and manuals previously restricted to Apple and authorized repair partners. In other good (Apple) news: the company has extended its self repair program to Norway and other countries.
U.S. PIRG wants you to sign its petition to make Microsoft not leave millions of computers behind by abandoning Windows 10. They aren’t the only only company letting software drive e-waste—and we need to push back against repair and software restrictions to make sure products that are designed to last.
Lawmakers call out NHTSA’s unfair take on Massachusetts auto right to repair law - Democrats in Congress are warning that the National Highway Traffic Safety Administration’s (NHTSA) proposed guidance for implementation of Massachusetts’ Data Access Law conflicts with the Biden administration’s pledged support for Right to Repair, Politico reports. REPAIR and SMART Act co-sponsor Rep. Marie Gluesenkamp Pérez (D-WA) joined Reps. Jake Auchincloss (D-MA) and Jared Golden (D-ME) in sending a letter to Secretary of Transportation Pete Buttigieg and NHTSA Administrator Sophie Shulman outlining concerns that NHTSA’s latest guidance -which limits independent repair shops to using short range Bluetooth wireless connections- may unfairly harm independent repairers.
After hackers liberate trains from OEM control, threats follow- After breaking trains simply because an independent repair shop had worked on them, NEWAG is now demanding that trains fixed by hackers be removed from service.
Minnesota agricultural monopolies get attention from AG Ellison and DOJ Keith Ellison, the Minnesota Attorney General, is actively pursuing legal action against large agribusinesses and monopolistic practices. Democratic officials, including President Biden, are advocating for breaking up rural monopolies, arguing that the concentration of corporate power in farming has led to fewer options and higher costs for rural residents. Ellison is calling for the removal of a farm equipment exemption in the state’s "Right to Repair" law, which was enacted in May. Meanwhile advocates emphasize the need to scrutinize and challenge the power of giant corporate agri-firms.
Fairfone notched a 10/10 repair score from iFixit with features including individual rear camera replacement, a larger battery, and promised long-term software updates. The phone uses a specific chip to ensure longer support and potential extension to 10 years of security updates.
A successful zero-waste program called familles zéro déchet in The city of Roubaix, France has helped participating families reduce their waste by 50% on average and save money in the process. The city is now working to expand the program to more residents and businesses.
Vietnam's massive rare earth reserves have sparked a global power struggle between the US and China, with both nations seeking influence and access to this these resources. This matters because rare earth metals are what make up our electronics, highlighting the geopolitical consequences of constantly churning out electronics.
Don't give tech gifts like smart speakers or video doorbells without understanding their privacy implications says the Electronic Frontier Foundation. These devices often collect a lot of data about their users, which can be used for advertising or even law enforcement. If you do give a tech gift, you can help your recipient set it up as privately as possible (enabling two-factor authentication, disabling unnecessary permissions, and opting out of data collection).
Repairing EV and e-bike batteries can be beneficial for sustainability and cost-saving but is dangerous and requires expertise says Maddie Stone at Grist. Regulatory efforts are underway in Europe to promote repairability of e-bike batteries, while EV battery repair remains largely unregulated which is surprising given the volume of EV sales in the U.S.
Cory Doctorow says Playstation owners who lost access to purchased TV shows and Adobe users could no longer see their own images without paying a monthly fee are emblematic of a bigger problem running rampant—companies are designing devices with remote, irreversible, nonconsensually downgraded features.
ChatGPT for Repair
Fixmas.gift is a website fully equipped with an AI chatbot assistant named Fixie who “can help turn broken or worn-out favourites into unique, heartfelt gifts. The site comes from AKQA, iFixit, and ChatGPT who have teamd up to create ChatGPT centered on repair.
NAM is one of the largest manufacturing industrial trade association in the U.S. and spent $15 million in lobbying in 2021.