The EARN IT Act will be introduced to Congress for the third time

The controversial EARN IT Act, first introduced in 2020, is returning to Congress after failing twice to land on the president’s desk. The Eliminating Abusive and Rampant Neglect of Interactive Technologies Act, (EARN IT) Act is intended to minimize the proliferation of Child Sexual Abuse Material (CSAM) throughout the web, but detractors say it goes too far and risks further eroding online privacy protections.

Here's how it would work, according to the language of the bill's reintroduction last year. Upon passing, EARN IT would create a national commission composed of politically-appointed law enforcement specialists. This body would be tasked with making a list of best practices to ostensibly curb the digital distribution of CSAM. If online service providers do not abide by these best practices, they would potentially lose blanket immunity under Section 230 of the Communications Decency Act, opening them up to all kinds of legal hurdles — including civil lawsuits and criminal charges.

Detractors say EARN IT places a whole lot of power to regulate the internet in the hands of the commission the bill would create as well as state legislatures. Additionally, language in last year's bill suggests that these guidelines would likely extend to encrypted information, so if an encrypted transmission runs afoul of any guidelines, the platform is on the hook. This will force providers to monitor encrypted communications, which goes against the whole point of encryption in the first place. Additionally, end-to-end encryption is designed so that not even the platform can read the contents. In other words, providers might not be able to offer those protections. 

“This was a dangerous bill two years ago, and because it’s doubled down on its anti-encryption stance, it’s even more dangerous now,” The Center for Internet and Society at Stanford Law School wrote in a blog post last year, a stance also mirrored by the Center for Democracy and Technology. The American Civil Liberties Union, pushing back on a prior version of the bill, said that it "threatens our online speech and privacy rights in ways that will disproportionately harm LGBTQ people, sex workers and others who use the internet to privately communicate and share information and resources."

The Rape, Abuse & Incest National Network (RAINN) has come out in defense of the bill, saying that it will “incentivize technology companies to proactively search for and remove” CSAM materials. “Tech companies have the technology to detect, remove, and stop the distribution of child sexual abuse material. However, there is no incentive to do so because they are subject to no consequences for their inaction,” wrote Erin Earp, RAINN’s interim vice president for public policy.

The bipartisan Senate bills have consistently been introduced by Republican Senator Lindsay Graham and Democrat Senator Richard Blumenthal, and their companion bills in the House likewise have been sponsored by Republican Representative Ann Wagner and Democrat Representative Sylvia Garcia. The full text of H.R.2732 is not publicly available yet, so it's unclear if anything has changed since last year's attempt, though when reintroduced last year it was more of the same. (We've reached out to the offices of Reps. Wagner and Garcia for a copy of the bill's text.) A member of Senator Graham's office confirmed to Engadget that the companion bill will be introduced within the next week. It also remains to be seen if and when this will come up for a vote. Both prior versions of EARN IT died in committee before ever coming to a vote.

This article originally appeared on Engadget at https://www.engadget.com/the-earn-it-act-will-be-introduced-to-congress-for-the-third-time-192619083.html?src=rss

Legislation to ban government use of facial recognition hits Senate for the third time

Biometric technology may make it easy to unlock your phone, but democratic lawmakers have long cautioned against the use of facial recognition and biometrics by law enforcement. Not only have researchers documented instances of racial and gender bias in such systems, false positives have even led to real instances of wrongful arrest. That's why lawmakers have re-introduced the Facial Recognition and Biometric Technology Act. This actually marks the third time the bill was introduced to the Senate — despite being introduced in 2020 and 2021, the act was never advanced to a vote.

If passed, the Facial Recognition and Biometric Technology Act would outright ban any use of facial recognition or biometric surveillance by the federal government unless that use is explicitly approved by an Act of Congress. That approval itself would be pretty limited: It would need to define who was allowed to use biometric surveillance, the exact type of biometric surveillance they would be using and the specific purpose it would be used for. Approval would also have the burden of further restrictions, such as adhering to minimum accuracy rates that would hopefully avoid false positives in the rare instances when use of the technology is approved.

The bill also hopes to encourage local and state governments to follow its lead, including a clause that would tie some federal funding for local law enforcement to complying with a "substantially similar" ban on facial recognition and biometrics.

While the bill hasn't had much luck making it to the floor of either chamber of congress, some states and local governments have been banning facial recognition technology on their own. In 2020, Portland Oregon put strict guardrails on the use of facial recognition technology. New York State and Massachusetts have also put restrictions on the use of biometrics. Even the IRS walked back plans to use facial recognition for identity verification purposes.

That sounds encouraging for the re-introduced bill, but that momentum isn't universal: Law enforcement still sees biometrics as a useful tool for investigating crime, and the TSA has been testing systems that compare travelers to the photo on their passport or driver's license.

This article originally appeared on Engadget at https://www.engadget.com/legislation-to-ban-government-use-of-facial-recognition-hits-senate-for-the-third-time-194547733.html?src=rss

Legislation to ban government use of facial recognition hits Senate for the third time

Biometric technology may make it easy to unlock your phone, but democratic lawmakers have long cautioned against the use of facial recognition and biometrics by law enforcement. Not only have researchers documented instances of racial and gender bias in such systems, false positives have even led to real instances of wrongful arrest. That's why lawmakers have re-introduced the Facial Recognition and Biometric Technology Act. This actually marks the third time the bill was introduced to the Senate — despite being introduced in 2020 and 2021, the act was never advanced to a vote.

If passed, the Facial Recognition and Biometric Technology Act would outright ban any use of facial recognition or biometric surveillance by the federal government unless that use is explicitly approved by an Act of Congress. That approval itself would be pretty limited: It would need to define who was allowed to use biometric surveillance, the exact type of biometric surveillance they would be using and the specific purpose it would be used for. Approval would also have the burden of further restrictions, such as adhering to minimum accuracy rates that would hopefully avoid false positives in the rare instances when use of the technology is approved.

The bill also hopes to encourage local and state governments to follow its lead, including a clause that would tie some federal funding for local law enforcement to complying with a "substantially similar" ban on facial recognition and biometrics.

While the bill hasn't had much luck making it to the floor of either chamber of congress, some states and local governments have been banning facial recognition technology on their own. In 2020, Portland Oregon put strict guardrails on the use of facial recognition technology. New York State and Massachusetts have also put restrictions on the use of biometrics. Even the IRS walked back plans to use facial recognition for identity verification purposes.

That sounds encouraging for the re-introduced bill, but that momentum isn't universal: Law enforcement still sees biometrics as a useful tool for investigating crime, and the TSA has been testing systems that compare travelers to the photo on their passport or driver's license.

This article originally appeared on Engadget at https://www.engadget.com/legislation-to-ban-government-use-of-facial-recognition-hits-senate-for-the-third-time-194547733.html?src=rss

House committee approves bill that could lead to a TikTok ban in the US

The House Foreign Affairs Committee has voted to advance legislation that would give President Joe Biden the power to ban TikTok in the US along with other apps owned by Chinese companies. The panel approved the the Deterring America’s Technological Adversaries (DATA) Act in a 24-16 vote. All Republicans on the panel were in favor while every Democrat voted against the bill.

There are several more steps that the bill needs to go through before it becomes law. The full House and the Senate would have to pass it, and Biden would have to sign the bill. Still, it's a notable step forward for the latest attempt to ban TikTok in the US entirely.

Republican committee chair Michael McCaul introduced the DATA Act (PDF) only last week. McCaul expects the bill to go to a full house vote later this month, according to Reuters.

The legislation would grant the president the power to enact sanctions, including bans, on any company that the Treasury Secretary deems "knowingly provides or may transfer sensitive personal data of persons subject to United States jurisdiction to any foreign person that is subject to the jurisdiction or direction" of China. The same applies to a foreign person or company that "is owned by, directly or indirectly controlled by, or is otherwise subject to the influence of China."

Democratic members of the Foreign Affairs Committee claimed that the legislation was too broad. It would "damage our allegiances across the globe, bring more companies into China's sphere, destroy jobs here in the United States and undercut core American values of free speech and free enterprise," Rep. Gregory Meeks, the ranking Democrat member, said. He suggested that the legislation as is could lead to sanctions against businesses in Korea and Taiwan that supply semiconductors and other parts to Chinese companies.

"A US ban on TikTok is a ban on the export of American culture and values to the billion-plus people who use our service worldwide," TikTok wrote on Twitter. "We're disappointed to see this rushed piece of legislation move forward, despite its considerable negative impact on the free speech rights of millions of Americans who use and love TikTok."

"Congress must not censor entire platforms and strip Americans of their constitutional right to freedom of speech and expression," American Civil Liberties Union senior policy counsel Jenna Leventoff said in a statement. "Whether we’re discussing the news of the day, live streaming protests, or ​​even watching cat videos, we have a right to use TikTok and other platforms to exchange our thoughts, ideas, and opinions with people around the country and around the world." Leventoff called the bill "vague, overbroad and unconstitutional."

TikTok has faced a growing backlash in recent months over concerns that the Chinese government may obtain user data from the app. Owner ByteDance is headquartered in Beijing, but TikTok claims it doesn't share data with the Chinese government. By last summer, TikTok was routing all US data to Oracle servers based in the country. It pledged to delete US users' private data from its own servers.

Nevertheless, the US government has banned the app from federally owned devices, this week giving agencies 30 days to make sure it's gone from phones and tablets they operate. Most US states, the European Union, Canada and Quebec are also preventing their employees from using TikTok on state-owned devices.

TikTok has been trying for years to convince US officials that it's not a threat to national security in an attempt to avert a complete ban. The company's CEO Shou Zi Chew is set to testify before the Energy and Commerce Committee on March 23rd to discuss privacy, as well as TikTok's influence on kids and its links to China.

This article originally appeared on Engadget at https://www.engadget.com/house-committee-approves-bill-that-could-lead-to-a-tiktok-ban-in-the-us-185632229.html?src=rss

House committee approves bill that could lead to a TikTok ban in the US

The House Foreign Affairs Committee has voted to advance legislation that would give President Joe Biden the power to ban TikTok in the US along with other apps owned by Chinese companies. The panel approved the the Deterring America’s Technological Adversaries (DATA) Act in a 24-16 vote. All Republicans on the panel were in favor while every Democrat voted against the bill.

There are several more steps that the bill needs to go through before it becomes law. The full House and the Senate would have to pass it, and Biden would have to sign the bill. Still, it's a notable step forward for the latest attempt to ban TikTok in the US entirely.

Republican committee chair Michael McCaul introduced the DATA Act (PDF) only last week. McCaul expects the bill to go to a full house vote later this month, according to Reuters.

The legislation would grant the president the power to enact sanctions, including bans, on any company that the Treasury Secretary deems "knowingly provides or may transfer sensitive personal data of persons subject to United States jurisdiction to any foreign person that is subject to the jurisdiction or direction" of China. The same applies to a foreign person or company that "is owned by, directly or indirectly controlled by, or is otherwise subject to the influence of China."

Democratic members of the Foreign Affairs Committee claimed that the legislation was too broad. It would "damage our allegiances across the globe, bring more companies into China's sphere, destroy jobs here in the United States and undercut core American values of free speech and free enterprise," Rep. Gregory Meeks, the ranking Democrat member, said. He suggested that the legislation as is could lead to sanctions against businesses in Korea and Taiwan that supply semiconductors and other parts to Chinese companies.

"A US ban on TikTok is a ban on the export of American culture and values to the billion-plus people who use our service worldwide," TikTok wrote on Twitter. "We're disappointed to see this rushed piece of legislation move forward, despite its considerable negative impact on the free speech rights of millions of Americans who use and love TikTok."

"Congress must not censor entire platforms and strip Americans of their constitutional right to freedom of speech and expression," American Civil Liberties Union senior policy counsel Jenna Leventoff said in a statement. "Whether we’re discussing the news of the day, live streaming protests, or ​​even watching cat videos, we have a right to use TikTok and other platforms to exchange our thoughts, ideas, and opinions with people around the country and around the world." Leventoff called the bill "vague, overbroad and unconstitutional."

TikTok has faced a growing backlash in recent months over concerns that the Chinese government may obtain user data from the app. Owner ByteDance is headquartered in Beijing, but TikTok claims it doesn't share data with the Chinese government. By last summer, TikTok was routing all US data to Oracle servers based in the country. It pledged to delete US users' private data from its own servers.

Nevertheless, the US government has banned the app from federally owned devices, this week giving agencies 30 days to make sure it's gone from phones and tablets they operate. Most US states, the European Union, Canada and Quebec are also preventing their employees from using TikTok on state-owned devices.

TikTok has been trying for years to convince US officials that it's not a threat to national security in an attempt to avert a complete ban. The company's CEO Shou Zi Chew is set to testify before the Energy and Commerce Committee on March 23rd to discuss privacy, as well as TikTok's influence on kids and its links to China.

This article originally appeared on Engadget at https://www.engadget.com/house-committee-approves-bill-that-could-lead-to-a-tiktok-ban-in-the-us-185632229.html?src=rss

Ticketmaster knows it has a bot problem, but it wants Congress to fix it

In November, millions of Taylor Swift fans logged on to Ticketmaster hoping to scoop up tickets to arguably the most-anticipated tour of 2023. When the time came, the site crashed, rendering verified users unable to purchase admission to the singer's first slate of shows in five years. In the immediate aftermath, Ticketmaster parent company Live Nation explained that while 1.5 million people had signed up as legit customers, over 14 million hit the site when tickets went on sale — many of which were bots. 

Live Nation president and CFO Joe Berchtold told the Senate Judiciary Comittee on Tuesday that the company "learned valuable lessons" from the Swift debacle. "In hindsight there are several things we could have done better – including staggering the sales over a longer period of time and doing a better job setting fan expectations for getting tickets," he said. 

Berchtold told Senators that Ticketmaster experienced three times more bot traffic that day than it ever had before, and that a cyberattack on the company's verified fan password servers exacerbated the problem. He explained that despite investing over $1 billion in ticketing systems since the Live Nation/Ticketmaster merger, mostly to combat fraud and scalping, the company has a massive bot problem that it can't get a handle on. 

"We also need to recognize how industrial scalpers breaking the law using bots and cyberattacks to try to unfairly gain tickets contributes to an awful consumer experience," Berchtold said. What he called "industrialized scalping" led to the Taylor Swift fiasco, he explained, but the executive wants Congress to act to prevent similar incidents from happening in the future. 

Berchtold called for Congress to expand the scope of the BOTS Act to "increase enforcement." Signed into law in 2016, the legislation makes it illegal to bypass a website's security or tech features as a means of purchasing tickets. It also makes it illegal to resell tickets obtained via those methods. Specifically, Berchtold called for banning the use of fraudulent URLs and stopping the resale of tickets before their general on-sale date. 

UNITED STATES - JANUARY 24: Sen. Marsha Blackburn, R-Tenn., speaks during the Senate Judiciary Committee hearing titled Thats the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment, in Hart Building on Tuesday, January 24, 2023. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Sen. Marsha Blackburn during Tuesday's hearing
Tom Williams via Getty Images

The law leaves enforcement with the FTC and states, a topic Republican Senator Marsha Blackburn discussed with Berchtold in some of the most pointed questioning of the session. "You told me yesterday you block about 90 percent of the bot attacks that you get, and that's a failing grade," she said. "There ought to be people you can get some good advice from because our critical infrastructure in this country gets bot attacks every single day. They have figured it out, but you guys haven't?"

Blackburn admitted that the FTC has only taken action on the law once, and that the lack of widespread action was "unacceptable." She pledged to do something about the lack of enforcement through the dealings of the Senate Commerce Committee, where she is also a member. 

"The FTC has the authority, but you have a responsibility to consumers," she continued. "I agree they are not exercising it, but how many times have you called the FTC and said 'we need your help?'"

Berchtold explained that Live Nation had only contacted the FTC once about suspected bot activity — in late 2019 and early 2020. He said that was the only time they had necessary information to work with the commission in order to get a prosecution. "These are not bots that are trying to break into our system, they are trying to impersonate people... putting true fans at a disadvantage," Berchtold told Blackburn when asked why Live Nation has such a hard time recognizing bots.

In regards to the BOTS Act, Democratic Senator Richard Blumenthal told Berchtold there are already legal options available to the company to go after scalpers using bots to procure tickets.

"You have unlimited power to go to court," Blumenthal said. "Your approach seems to be that everyone else is responsible here — not us." 

Ticketmaster knows it has a bot problem, but it wants Congress to fix it

In November, millions of Taylor Swift fans logged on to Ticketmaster hoping to scoop up tickets to arguably the most-anticipated tour of 2023. When the time came, the site crashed, rendering verified users unable to purchase admission to the singer's first slate of shows in five years. In the immediate aftermath, Ticketmaster parent company Live Nation explained that while 1.5 million people had signed up as legit customers, over 14 million hit the site when tickets went on sale — many of which were bots. 

Live Nation president and CFO Joe Berchtold told the Senate Judiciary Comittee on Tuesday that the company "learned valuable lessons" from the Swift debacle. "In hindsight there are several things we could have done better – including staggering the sales over a longer period of time and doing a better job setting fan expectations for getting tickets," he said. 

Berchtold told Senators that Ticketmaster experienced three times more bot traffic that day than it ever had before, and that a cyberattack on the company's verified fan password servers exacerbated the problem. He explained that despite investing over $1 billion in ticketing systems since the Live Nation/Ticketmaster merger, mostly to combat fraud and scalping, the company has a massive bot problem that it can't get a handle on. 

"We also need to recognize how industrial scalpers breaking the law using bots and cyberattacks to try to unfairly gain tickets contributes to an awful consumer experience," Berchtold said. What he called "industrialized scalping" led to the Taylor Swift fiasco, he explained, but the executive wants Congress to act to prevent similar incidents from happening in the future. 

Berchtold called for Congress to expand the scope of the BOTS Act to "increase enforcement." Signed into law in 2016, the legislation makes it illegal to bypass a website's security or tech features as a means of purchasing tickets. It also makes it illegal to resell tickets obtained via those methods. Specifically, Berchtold called for banning the use of fraudulent URLs and stopping the resale of tickets before their general on-sale date. 

UNITED STATES - JANUARY 24: Sen. Marsha Blackburn, R-Tenn., speaks during the Senate Judiciary Committee hearing titled Thats the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment, in Hart Building on Tuesday, January 24, 2023. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Sen. Marsha Blackburn during Tuesday's hearing
Tom Williams via Getty Images

The law leaves enforcement with the FTC and states, a topic Republican Senator Marsha Blackburn discussed with Berchtold in some of the most pointed questioning of the session. "You told me yesterday you block about 90 percent of the bot attacks that you get, and that's a failing grade," she said. "There ought to be people you can get some good advice from because our critical infrastructure in this country gets bot attacks every single day. They have figured it out, but you guys haven't?"

Blackburn admitted that the FTC has only taken action on the law once, and that the lack of widespread action was "unacceptable." She pledged to do something about the lack of enforcement through the dealings of the Senate Commerce Committee, where she is also a member. 

"The FTC has the authority, but you have a responsibility to consumers," she continued. "I agree they are not exercising it, but how many times have you called the FTC and said 'we need your help?'"

Berchtold explained that Live Nation had only contacted the FTC once about suspected bot activity — in late 2019 and early 2020. He said that was the only time they had necessary information to work with the commission in order to get a prosecution. "These are not bots that are trying to break into our system, they are trying to impersonate people... putting true fans at a disadvantage," Berchtold told Blackburn when asked why Live Nation has such a hard time recognizing bots.

In regards to the BOTS Act, Democratic Senator Richard Blumenthal told Berchtold there are already legal options available to the company to go after scalpers using bots to procure tickets.

"You have unlimited power to go to court," Blumenthal said. "Your approach seems to be that everyone else is responsible here — not us." 

TikTok will be banned on most US federal government devices

TikTok will be outlawed on almost all devices issued by the federal government after lawmakers passed a $1.7 trillion spending bill. Officials crammed the No TikTok on Government Devices Act, which the Senate unanimously approved in mid-December, into the mammoth 4,155-page omnibus bill. The spending package was fast tracked in order to avoid a partial government shutdown. It will fund the government through September.

The Senate voted 68-29 to pass the bill on December 22nd. The House approved it on Friday with a vote of 225-201. On the same day, President Joe Biden signed a stopgap bill that funded the government for another week in order to avert a shutdown until the omnibus bill landed on his desk. Today, President Biden signed the bill into law.

The legislation requires the Biden administration to establish rules to remove TikTok from government devices by mid-February. The bill carved out exceptions for elected officials, congressional staff, law enforcement agents and other officials. However, the House of Representatives separately banned TikTok on devices it owns and manages.

Earlier this month, FBI Director Chris Wray warned that China could use the app (which is owned by Beijing-based company ByteDance) to collect data on users. Some attempts have been made, including in the last few weeks, to prohibit TikTok in the US entirely. Several states have banned TikTok from government devices, including Georgia, South Dakota, Maryland and Texas. Indiana has sued TikTok over alleged security and child safety issues.

TikTok has attempted to soothe US lawmakers' concerns that the app could be used for spying purposes. Since June, it has been directing all traffic from the country to Oracle servers based domestically. TikTok and ByteDance said they'd delete US user data from their own servers in the US and Singapore. In August, Oracle began a review of TikTok's algorithms and content moderation systems.

As Congress was voting on the bill, news broke that ByteDance fired four employees (two in the US and two in China) who accessed the TikTok data of US journalists. The workers were allegedly trying to find the sources of leaks to the reporters.

The omnibus bill includes other tech-related provisions, including more funding for federal antitrust officials. In addition, the package incorporates the Computers for Veterans and Students Act. This requires the government to hand over certain surplus computers to nonprofits. The systems will be repaired and/or refurbished, then distributed to schools, homeschooled students, veterans, seniors and others in need.

There's also another $1.8 billion in new funding to implement the CHIPS and Science Act, which aims to boost domestic production of semiconductors. The omnibus bill earmarks $25.4 billion for NASA — 5.6 percent more than the agency received in fiscal year 2022, but less than the $26 billion the White House asked for. The National Science Foundation will get $9.9 billion, an increase of 12 percent. The National Institute of Standards and Technology and National Oceanic and Atmospheric Administration will receive increases of 32 percent (up to $1.6 billion) and 17.5 percent ($761 million), respectively.

TikTok will be banned on most US federal government devices

TikTok will be outlawed on almost all devices issued by the federal government after lawmakers passed a $1.7 trillion spending bill. Officials crammed the No TikTok on Government Devices Act, which the Senate unanimously approved last week, into the mammoth 4,155-page omnibus bill. The spending package was fast tracked in order to avoid a partial government shutdown. It will fund the government through September.

The Senate voted 68-29 to pass the bill on December 22nd. The House approved it on Friday with a vote of 225-201. On the same day, President Joe Biden signed a stopgap bill that funded the government for another week in order to avert a shutdown until the omnibus bill landed on his desk. Today, President Biden signed the bill into law.

The legislation requires the Biden administration to establish rules to remove TikTok from government devices by mid-February. The bill carved out exceptions for elected officials, congressional staff, law enforcement agents and other officials. However, the House of Representatives separately banned TikTok on devices it owns and manages.

Earlier this month, FBI Director Chris Wray warned that China could use the app (which is owned by Beijing-based company ByteDance) to collect data on users. Some attempts have been made, including in the last few weeks, to prohibit TikTok in the US entirely. Several states have banned TikTok from government devices, including Georgia, South Dakota, Maryland and Texas. Indiana has sued TikTok over alleged security and child safety issues.

TikTok has attempted to soothe US lawmakers' concerns that the app could be used for spying purposes. Since June, it has been directing all traffic from the country to Oracle servers based domestically. TikTok and ByteDance said they'd delete US user data from their own servers in the US and Singapore. In August, Oracle began a review of TikTok's algorithms and content moderation systems.

As Congress was voting on the bill, news broke that ByteDance fired four employees (two in the US and two in China) who accessed the TikTok data of US journalists. The workers were allegedly trying to find the sources of leaks to the reporters.

The omnibus bill includes other tech-related provisions, including more funding for federal antitrust officials. In addition, the package incorporates the Computers for Veterans and Students Act. This requires the government to hand over certain surplus computers to nonprofits. The systems will be repaired and/or refurbished, then distributed to schools, homeschooled students, veterans, seniors and others in need.

There's also another $1.8 billion in new funding to implement the CHIPS and Science Act, which aims to boost domestic production of semiconductors. The omnibus bill earmarks $25.4 billion for NASA — 5.6 percent more than the agency received in fiscal year 2022, but less than the $26 billion the White House asked for. The National Science Foundation will get $9.9 billion, an increase of 12 percent. The National Institute of Standards and Technology and National Oceanic and Atmospheric Administration will receive increases of 32 percent (up to $1.6 billion) and 17.5 percent ($761 million), respectively.

New York’s governor signs watered-down right-to-repair bill

Almost seven months after the state legislature overwhelmingly passed a right-to-repair bill, New York governor Kathy Hochul has signed it into law. But Hochul only greenlit the bill after the legislature agreed to some changes. Hochul wrote in a memo that the legislation, as it was originally drafted, "included technical issues that could put safety and security at risk, as well as heighten the risk of injury from physical repair projects." The governor said the modifications addressed these issues, but critics say the amendments will weaken the law's effectiveness.

"This legislation would enhance consumer options in the repair markets by granting them greater access to the parts, tools and documents needed for repairs," Hochul wrote. "Encouraging consumers to maximize the lifespan of their devices through repairs is a laudable goal to save money and reduce electronic waste."

The changes strip out the bill's requirement for "original equipment manufacturers [or OEMs] to provide to the public any passwords, security codes or materials to override security features." OEMs will also be able to bundle "assemblies of parts" instead of just the specific component actually needed for a DIY repair if "the risk of improper installation heightens the risk of injury." 

The rules will only apply to devices that are originally built and used or sold in New York for the first time after July 1st. There's also an exemption for "digital products that are the subject of business-to-business or business-to-government sales and that otherwise are not offered for sale by retailers."

As Ars Technica reported earlier this month, representatives for Microsoft and Apple pressed Hochul's office for changes. So did industry association TechNet, which represents many notable tech companies, including Amazon, Google, Dell, HP and Engadget parent Yahoo.

As a result, the bill's revised language excludes enterprise electronics, such as those that schools, hospitals, universities and data centers rely on, as iFixit CEO Kyle Wiens wrote in a blog post. Home appliances, motor vehicles, medical devices and off-road equipment were previously exempted.

"Such changes could limit the benefits for school computers and most products currently in use," Public Interest Research Groups (PIRG), a collective of consumer rights organizations, said in a statement to Engadget. "Even more troubling, the bill now excludes certain smartphone circuit boards from parts the manufacturers are required to sell, and requires repair shops to post unwieldy warranty language."

"We knew it was going to be difficult to face down the biggest and wealthiest companies in the world," PIRG right to repair director Nathan Proctor said. "But, though trimmed down, a new Right to Repair law was signed. Now our work remains to strengthen this law and pass others until people have what they need to fix their stuff."

As The Verge notes, repair technician and right-to-repair advocate Louis Rossmann said the changes have watered down the law to the point where it's "functionally useless." Rossmann, who spent seven years trying to get the bill passed, called Hochul's assertion that the changes were necessary to include protections from physical harm and security risks "bullshit," citing a Federal Trade Commission report on the issue.

The right-to-repair movement has picked up steam over the last couple of years. Ahead of expected legislation coming into force, companies such as Google, Apple, Samsung and Valve started providing repair manuals and selling parts for some of their products.

Last year, President Joe Biden signed an executive order that aimed at bolstering competition in the US, including in the tech industry. Among other measures, it called on the FTC to ban "anticompetitive restrictions on using independent repair shops or doing DIY repairs of your own devices and equipment."