The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) has submitted to the U.S. Copyright Office supporting MEMA Aftermarket Suppliers' petition for a new exemption to the Digital Millenium Copyright Act (DMCA)'S anti-circumvention provisions, which prohibit bypassing copyright protection systems. The proposed exemption would allow consumers to view their vehicle's telematics data and share that data with third-party repairers.
The DOJ and FTC agreed with MEMA that providing consumers access to their vehicle's telematics data would pose a minimal threat to copyright holders. Additionally, they agreed that the data would be accessed without increasing cybersecurity risks.
They also noted that given the low-risk nature of the proposed uses of telematics data, putting limitations on a consumer's choice for how and where they get their vehicles repaired through data restrictions is unwarranted. The exemption addresses the changes in the automotive repair industry as vehicles become increasingly software controlled.
"Restricting access to non-copyrightable telematics data risks establishing a competitively harmful bottleneck by depriving users of the ability to share this data with aftermarket parts manufacturers, third-party maintenance and repair services, and other adjacent markets that would put such information to valuable commerical use," the DOJ and FTC comments noted.
Vehicle telematics data is data automatically generated and transmitted wirelessly by a vehicle which can include information about a vehicles speed, fuel consumption, faults, and other data concerning the vehicle's operation. The data communicated by telematics are vital to helping diagnose and prognose vehicle repair and service, which can increase consumer safety and reduce repair costs and vehicle downtime.
"The DOJ and FTC's comments speak to the strength of the arguments MEMA Aftermarket Suppliers, and its members, have been making in support of consumers' right to repair their vehicles," said Paul McCarthy, MEMA Aftermarket Suppliers' president and CEO. "Their conclusion supports our point that consumers will benefit from having more repair options and that they can utilize these options in a cybersecure way. This goal should guide our policymaking efforts."
