Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Technology & Economic Development Committee

HB 2279

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the fair servicing and repair of digital electronic products.

Sponsors: Representatives Morris, Cody, Hudgins, Santos, Smith, Lytton, Stanford, Young, Ormsby, Pollet, Doglio and Gregerson.

Brief Summary of Bill

  • Requires digital electronic product manufacturers to make available certain information, parts, and tools related to independent repair.

  • Prohibits digital electronic product manufacturers from requiring the purchase of certain proprietary information, excluding certain information, or preventing certain functions related to independent repair.

Hearing Date: 1/9/18

Staff: Lily Smith (786-7175).

Background:

Digital electronic products.

Consumer products increasingly include microprocessors with software controls. Software can now perform functions previously performed by mechanical components such as switches or gears. Software can also enable additional product functions. The replacement of mechanical components with software affects the information and materials needed for repair of those products.

Laws relating to unauthorized use of certain information and materials.

State law prohibits the manufacture of an article or product while using stolen or misappropriated information technology, where it is in competition with an article or product otherwise manufactured. Trade secrets are information that an owner takes reasonable steps to keep secret and that have independent economic value from not being known or readily accessible. Trade secrets are protected from misappropriation under state and federal law.

Federal copyright law applies to original tangible works that express ideas, such as certain software. Copyright law does not apply to ideas, methods, or processes. An owner of a copyright for an original work has the exclusive rights to copy, distribute, and adapt that work. A person may not circumvent technology that controls access to work protected by copyright. There are exceptions to copyright protection for the fair use of a work and for copying a computer program for purposes of maintenance or repair of a machine.

Consumer Protection Act

The state Consumer Protection Act (CPA) prohibits unfair or deceptive acts or practices in trade or commerce. A private person or the Attorney General may bring a civil action to enforce the provisions of the CPA. A person or entity found to have violated the CPA is subject to treble damages and attorney's fees.

Summary of Bill:

Original digital electronic product manufacturers are required to make available:

Equipment, service parts, and diagnostic repair tools made available for purchase must be offered on fair and reasonable terms.

Original digital electronic product manufacturers are prohibited from:

A violation of the act is enforceable under the Consumer Protection Act, RCW 19.86 and subject to a civil penalty of $500.

"Digital electronic product" is a part or machine containing a microprocessor and flat panel computer monitor originally manufactured for distribution and sale in the United States. It includes handheld portable devices.

Motor vehicle manufacturers, dealers, products and services are excluded from the provisions.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.