The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently submitted support to the U.S. Copyright Office for MEMA Aftermarket Suppliers’ petition for a new exemption to the Digital Millennium Copyright Act (DMCA)’s anti-circumvention provisions. These provisions prohibit bypassing copyright protection systems. MEMA’s 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. They also agreed that this data could be accessed without increasing cybersecurity risks. 

The DOJ and FTC noted that given the low-risk nature of the proposed uses of telematics data, limiting consumers’ choices in where and how they repair their vehicles through data restrictions is unwarranted. The proposed exemption addresses the changes in the automotive repair industry as vehicles become increasingly software controlled. The DOJ and FTC comments noted, “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 commercial use.”

“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 cyber-secure way. This goal should guide our policymaking efforts.”