Feds find way that Mass. right-to-repair law may not violate US law

The federal government says there’s a way automakers can comply with Massachusetts’ controversial automotive right-torepair law without violating federal law. But the new plan proposed by the National Highway Traffic Safety Administration dramatically limits the scope of the original law, and might not be implemented for years. The Massachusetts Data Access Law, passed by referendum in 2020, would require carmakers that sell vehicles in Massachusetts to provide wireless access to the car’s “telematics” — the software and data stored on the vehicle. This would let independent car repair shops compete on an equal footing with factory-authorized shops, which already have access to the data. In June, NHTSA warned carmakers not to comply with the law, saying it would weaken cybersecurity protections for automotive computer networks, raising the risk that hackers could remotely steal sensitive data or even seize remote control of vehicles. The NHTSA declaration spawned an angry response from Massachusetts Senators Ed Markey and Elizabeth Warren, who demanded to know why the agency had waited more than two years to raise this objection. But NHTSA now says carmakers can obey the law by providing wireless access to cars through short-range Bluetooth radio connections instead of longer-range cellular networks. Because a Bluetooth connection only works within a few feet of the car, the risk of criminal intrusion is far lower. “A solution like this one, if implemented with appropriate care, would significantly reduce the cybersecurity risks — and therefore the safety risks — associated with remote access,” NHTSA said in a letter on Tuesday. Warren and Markey issued a joint statement praising NHTSA’s change of heart. “Today’s action will not only help to ease burdens and lower costs for Massachusetts drivers, but also ensure that transportation regulators continue to build on the promise of the Biden administration’s pro-competition, pro-consumer agenda,” they said. But the proposal raises significant challenges. Carmakers will have to adopt new telematic systems with Bluetooth radios for transmitting the data. Because vehicles are designed years in advance, it could be a long time before this feature is implemented. — HIAWATHA BRAY