Misguided right to repair laws are data grabs that threaten national security

Ronald Reagan used to joke that the most terrifying words in the English language were: “I’m from the government and I’m here to help.” Today, we find wisdom in these words in the form of a well-meaning but dangerous piece of legislation. Its goal is to help automotive repair shops, but the result could be a serious risk to our national security and America’s advantage in automotive software. 

So-called right-to-repair legislation is a seemingly benign initiative with insidious consequences for U.S. national security. While the proponents of these laws paint a picture of consumer empowerment, the reality is far grimmer, especially when it comes to federal automotive “right to repair” legislation such as the REPAIR Act. Unrestricted access to critical systems, particularly in automobiles, opens a Pandora’s box of vulnerabilities that geopolitical adversaries such as China, North Korea, and Iran are eager to exploit. 

On the surface, the right to repair increases consumer freedom, allowing vehicle owners and independent repair shops access to the data generated by vehicles. But this legislation goes beyond vehicle repair. Automobiles today are not just means of transportation; they’re sophisticated networks on wheels, integrated into our broader digital infrastructure. 

Let’s consider the true impact of granting what is known in software as read/write access to vehicle data and telematics to anyone who wants it, in real-time. That is akin to requiring companies to hand over administrator rights to a computer network.

What could go wrong? Imagine a scenario where every car on the interstate suddenly malfunctions — the brakes stop working, steering is unresponsive and the driver no longer controls the acceleration or direction of the car. Panic ensues, essential services are crippled and every modern car in America is turned into a weapon to be used against its people. 

Such a scenario was depicted in a chilling scene in Netflix’s “Leave the World Behind,” but this dystopian vision isn’t science fiction; it’s the true potential of what right to repair might mean for state and non-state actors who are constantly probing for weaknesses. Granting unfettered read/write access to critical automotive systems makes the possibility of chaos on America’s roadways much more likely.

A right to repair could also inadvertently cede the technological upper hand to countries like China, a country expert in industrial and cyber espionage. Beijing and other actors could take advantage of the broad access provided by proposed legislation to closely study U.S. technologies and develop countermeasures or even offensive capabilities. Cars have dozens of sensors, including cameras, that collect information. The number of sensors will multiply with self-driving cars. Imagine giving the Chinese government the ability to access tens of millions of cameras across the country in a crisis. 

Proponents of the right to repair may argue that individuals and non-dealer repair shops require this broad access to ensure competition and consumer rights. However, this perspective overlooks the reality that most necessary repair information and tools are already available to these entities. As currently written, bills like the REPAIR Act could even eliminate design patents, creating a secondary aftermarket rife with low-quality parts built in China and sold in the U.S., further benefiting a geopolitical adversary and endangering the American public.

The push for automotive right to repair legislation under the guise of consumer freedom could lead to a massive data grab and expose both critical infrastructure and individual Americans to unnecessary risk. The technological knowledge gleaned from manipulating our systems fuels their own malicious advancements, ultimately weakening the U.S. technological edge and posing an even greater threat to our critical infrastructure and military systems.

It’s essential to recognize that the debate surrounding right to repair is not merely about consumer rights or economic freedom. America’s geopolitical rivals are not bound by the principles of fair play or mutual respect for privacy and intellectual property. Instead, they operate in a domain where information is power, and power is the goal. By granting them access, even inadvertently, to proprietary technology, America is risking its ability to compete, together with the very safety and security of the nation.

Opposing right to repair isn’t about denying anyone the right to fix their car. It’s about protecting our nation from an unforeseen, yet very real, threat. While the intention behind proposed federal and state right to repair laws might be to empower consumers, the potential repercussions for U.S. national security cannot be ignored. Federal automotive right to repair legislation is a solution in search of a problem and, to date, proposed legislation endangers all Americans to solve a problem that doesn’t exist. 

America’s priority must be to safeguard the U.S. technological edge and protect the country’s infrastructure from those who seek to do us harm. This isn’t about hindering progress or stifling innovation; it’s about ensuring our advancements don’t become our vulnerabilities. 

As the U.S. navigates the complexities of the 21st century, let’s not be naive in our quest for openness, lest our adversaries turn our tools against us. The right to repair might seem like a step forward for consumers, but without careful consideration of its national security implications, it could be a leap toward unprecedented threats.

Robert O’Brien was U.S. national security advisor under President Donald Trump from 2019 to 2021.