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For some of us, few things are more infuriating than when a gadget stops working due to a software change. As we’ve frequently covered here at Ars, startups and big tech companies are guilty of rendering hardware obsolete and/or stripping it of core functions. A pile of activists are urging the Federal Trade Commission to get involved.
In a letter sent today to Samuel Levine, director of the FTC’s Bureau of Consumer Protection, and Serena Viswanathan, associate director of the FTC’s Division of Advertising Practices, representatives from 17 groups, including Consumer Reports, the US PIRG, and iFixit, urged the FTC for “clear guidance” around software tethering. Software tethering, per the letter, is “making functions of a device reliant on embedded software that ties the device back to a manufacturer’s servers.” As it stands, the practice is hurting customers with “unfair and deceptive practices,” such as suddenly locking features behind a subscription—like the Snoo smart bassinet recently did—or bricking already-purchased devices, which Spotify did with its Car Thing.
The letter to the FTC argues that such practices hinder owners’ ability to own their hardware.
“While the FTC has taken some limited actions with regard to this issue, a lack of clarity and enforcement has led to an ecosystem where consumers cannot reliably count on the connected products they buy to last,” the letter reads.
“Death by a thousand cuts”
The letter, which includes signatures from members of the Electronic Frontier Foundation, Software Freedom Conservancy, and Repair Cafe, compared the loss of features on already-purchased devices to “death by a thousand cuts.” In addition to losing what users may consider critical functionality, the devices may also lose resale value when their capabilities are changed after purchase.
Last month, for example, Peloton made it so that secondhand Pelton exercise equipment won’t work until the new owner pays a $95 “used equipment activation fee.” This move was criticized as hurting the secondhand market, which benefits consumers and helps the smart, pricey devices avoid becoming e-waste.
The letter cites numerous devices that were suddenly hindered significantly—or completely—by software updates. For example, the letter, citing Ars’ reporting, points to Oral-B toothbrushes losing Amazon Alexa functionality. It also notes bricked Google Dropcams, Amazon Halos, and many more examples (in some, but not all examples, customers have been offered a refund).
Proposed FTC guidance
The letter suggests FTC guidance that the authors believe could help shoppers decide if a smart gadget is worth investing in. This includes requiring “disclosure of a guaranteed minimum support time on the product packaging”:
Companies should plan for and disclose, to the consumer, their plans for both security updates but also anticipated engineering and cloud resources to keep a product functional to a certain date. This date can be extended at the company’s discretion …
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