Right to Repair: The Fight for Reuse, Disassembly, and Repairability

By: Casey Morris

In today’s world, many products are more easily replaced than repaired.

The disposal of devices that could otherwise be repaired has an immense environmental impact. This phenomenon is especially egregious when it comes to electronic devices. According to the EPA, Americans disposed of 3.19 million tons of obsolete electronic products in 2015 alone. This huge level of waste, paired with the discontinuation of China’s importation of foreign waste in 2018, means that the ill-effects of disposal are being exacerbated as the negative impacts of manufacturing replacement products continues. When an item is unnecessarily disposed of, its replacement has a detrimental environmental effect. For example, 80% of greenhouse gas emissions generated during the lifespan of an iPhone X occur in the production phase, according to an Apple environmental report.

The unnecessary disposal of these devices has an economic impact as well. The UN estimates that the total potential value of the raw materials in e-waste generated in 2016 was 55 billion euros—roughly 60.6 billion U.S. dollars.

While an individual has the right to repair a purchased item, the manufacturer of that item may severely restrict his ability to do so by preventing individuals and third-party repair shops from gaining the necessary tools, information, and warranties to carry out repairs, as well as engineering the product to be obsolete after a specified amount of time. Issues like these were spotlighted in 2018 when it was revealed that Apple was slowing down its iPhones (an activity that the company has admitted to). Earlier this year, the movement of farmers against John Deere’s restrictions on third-party repairs gained awareness nationally.

As a result, the newly popularized movement for a “Right to Repair” has been gaining traction in the US. Proponents of Right to Repair legislation claim that the issue is one of property rights. They argue that the obstruction of rightful owners’ ability to repair, tinker, or otherwise exercise control over their own property is unjust. One individual quoted by the U.S. Copyright Office put it this way:  “[i]t’s my own damn car, I paid for it, I should be able to repair it or have the person of my choice do it for me.”

Critics, however, argue that Right to Repair legislation would have a detrimental effect related to copyright infringements and safety concerns. In a 2014 comment to the U.S. Copyright Office, John Deere outlined perceived threats to innovation and even expressed concern that the dissemination of vehicle entertainment software to third-party repairers would increase the risk of piracy of creative works. Apple specifically instructs its customers not to replace or repair their own batteries citing safety concerns, stating “[t]he lithium-ion battery in iPhone should be replaced by Apple or an authorized service provider. Improper replacement or repair could damage the battery, cause overheating, or result in injury.” 

Despite opposition, the Right to Repair movement has had some victories in recent years. In 2018, the FTC warned companies that it is illegal to condition warranty coverage on the use of specified parts or services. Leading into the 2020 election, Bernie Sanders, Elizabeth Warren, and John Hickenlooper each endorsed Right to Repair legislation as a part of their respective presidential campaigns. In September 2019, the U.S. House of Representatives requested that Apple disclose its restrictions on third-party repairs, including any rules restricting or prohibiting specific repairs from being carried out by independent providers. This announcement came just two weeks after Apple announced that it would begin supplying more tools to third-party repair shops.

Following the 2012 passage of a Massachusetts State automotive Right to Repair act (the Right to Repair’s biggest legislative victory to date), the auto industry enacted national standards. This victory has inspired other, similar legislation. At least 18 states have seen some form of Right to Repair legislation introduced to date.

There has yet to be another major state legislative victory and there have not been any national legislative changes as of yet, but if the attention of Democratic presidential candidates is any indication, this is an issue that will continue to garner far more attention moving forward.