2020 Massachusetts Question 1

The Massachusetts Right to Repair Initiative (2020), also known as Question 1, appeared on the Massachusetts 2020 general election ballot as an initiated state statute. It was approved by voters and the measure will update the state's right to repair laws to include electronic vehicle data. A similar Right to repair initiative (also named Question 1) appeared on the 2012 state ballot and passed with 86% of the vote.[1]

Massachusetts Question 1 (2020)
An Initiative Law to Enhance,Update, and Protect the 2013 Motor Vehicle Right to Repair Law
OutcomePassed
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Summary
See also: Motor Vehicle Owners' Right to Repair Act

The measure extends the state's right to repair laws to include telematics systems. Telematics systems contain car data that is stored outside the vehicle, and may include information that relates to navigation, GPS, and mobile internet. It nominally requires cars sold in Massachusetts starting with the model year 2022 to equip any cars having telematics systems with a standardized open access data platform. Independent repair shops and mechanics are supposed to, with owner permission, automatically have access to the vehicle's data to use it for diagnostics and car repair. Before this law, data may only be used by manufacturer repair shops unless permission is granted.

Implementation

Car manufacturers sued to stop implementation of the law.

In June 2023, the National Highway Traffic Safety Administration told manufacturers not to comply with the Massachusetts law, on grounds that "A malicious actor here or abroad could utilize such open access to remotely command vehicles to operate dangerously, including attacking multiple vehicles concurrently."[2]

In response to criticism of this decision from Massachusetts parties, in August 2023, NHTSA said it would be legal for manufacturers to provide access via short-range Bluetooth connections rather than long-distance cellular modems. This reduces the risk of hacking, but makes it harder for independent shops to offer long-distance telematics services.[3]

Proponents

Supporting arguments

Supporters of the initiative argue that it would extend consumer choice in car repair sites, increasing competition and decreasing costs of car repair. Independent mechanic advocates argue that it would help support smaller and more local repair shops to be able to compete with larger manufacturer repair chains. Telematics is also a growing part of car systems, and supporters of the initiative argue it would extend right to repair to account for technological changes.[4] Opponents say this is a misleading characterization of the auto repair market, in which owners would still have choices for finding fixes.[5]

The proposal requires that access to information would pass through "an authorization process standardized across all makes and models and administered by an entity unaffiliated with the manufacturer." Opponents of the measure have not identified any basis to believe that this entity will not take advantage of data security techniques in designing the authorization process or to believe that data protection measures will be insufficient to protect the data and vehicle owner.

Opponents

Opponents of the initiative argue that it would result in cyber security risk and possibly make vehicle data more vulnerable. Several TV ads attacking the initiative have connected the data security concerns as allowing easier stalking and concerns of sexual predators.[6] Critics have cited these concerns as "[veering] into exaggeration and fear mongering".[7]

Polling
Poll source Date(s)

administered

 Sample

size[lower-alpha 1]

 Margin

of error

 Yes (for the amendment) No (against the amendment) Other Undecided
YouGov/UMass Amherst October 14–21, 2020 713 (LV) – 75% 15% – 11%
Ipsos/Spectrum News October 7–15, 2020 1,001 (A) ± 3.5% 58% 22% – 20%
MassInc./WBUR August 6–9, 2020 501 (LV) ± 4.4% 57% 31% 0%[lower-alpha 2] 12%
  1. Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear
  2. "Refused" with 0%

Results
Question 1
Choice Votes  %
Referendum passed Yes 2,599,182 74.97
No 867,674 25.03
Valid votes 3,466,856 54.77
Total votes 3,658,005 100.00
Registered voters/turnout 4,812,909 76.00
Source: [8] · [9]

See also

References
  1. "Massachusetts Question 1, 'Right to Repair' referendum, approved by landslide". masslive. November 7, 2012. Retrieved September 22, 2020.
  2. "Federal government tells carmakers not to comply with Massachusetts' 'right to repair' law". www.wbur.org. Retrieved June 16, 2023.
  3. Hiawatha Bray (August 22, 2023). "US to allow partial enforcement of Mass. right-to-repair law". The Boston Globe.
  4. "Press". massrighttorepair.org. Retrieved September 22, 2020.
  5. Matt Stout (September 21, 2020). "Mass. has been pummeled by ads on Question 1. They veer into exaggeration and 'fearmongering,' experts say - The Boston Globe". BostonGlobe.com. Retrieved September 24, 2020.
  6. Service, Colin A. YoungState House News. "New TV ad makes link between Mass. Question 1 and predators". The Herald News, Fall River, MA. Retrieved September 22, 2020.
  7. Matt Stout (September 21, 2020). "Massachusetts has been pummeled by ads about Question 1. They veer into exaggeration and 'fear-mongering,' experts say - The Boston Globe". BostonGlobe.com. Retrieved September 22, 2020.
  8. "PD43+ » 2020 - Statewide - Question 1Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 5, 2020?". PD43+. Retrieved January 17, 2021..
  9. "Voter Turnout Statistics". www.sec.state.ma.us. Retrieved January 17, 2021..

Further reading
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