A coalition of consumer protection and anti-waste groups is calling on the Federal Trade Commission (FTC) to combat the practice of “software tethering.” This practice ties hardware functionality to external software, which can render products unusable after software updates stop. The groups, including Consumer Reports, iFixIt, US PIRG, the Electronic Frontier Foundation, the Center for Economic Justice, and Californians Against Waste, have written a letter to the FTC. They are requesting the creation of “clear guidance” on the issue.
The letter states, “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 coalition highlights examples where product functionalities have been limited or eliminated due to software tethering. Customers of the $1,695 Snoo bassinet discovered that some of its advertised features would soon be discontinued. Other products became unsupported and effectively unusable after the startups behind them shut down.
Lucas Rockett Gutterman, Director of Designed to Last at US PIRG, said in an emailed statement, “Manufacturers increasingly use software to lock us into only using our tech in ways that just-so-happen to generate the most profits for them. If we want to stop the tech industry from pushing us into replacing products that still work, we need to stand up for consumers’ right to get what we’ve paid for in the age of connected devices.”
The letter also mentions that even major companies like Google have discontinued certain products and their support, leaving customers with waste. Smart home products and major appliances are particularly vulnerable to this issue.
Coalition urges action against software tethering
The letter reads, “With larger products, uncertainty about when these products might fail represents the loss of a substantial investment and the creation of literal tons of waste.”
A forthcoming Consumer Reports study cited in the letter found that out of 22 major smart appliance makers, only three provided a set time period over which they’d offer cybersecurity and software updates. Four others offered unspecified time frames for support and firmware updates.
The letter states, “We expect the problem to get worse over time as more companies build ‘smart’ products that connect to the internet or are app-controlled.”
The coalition proposes several measures for the FTC to adopt:
– Require companies to guarantee a minimum support time for products, clearly stated on packaging. – Ensure that products’ core functionality works even if the internet connection fails or the corresponding software stops being updated. – Encourage tools and methods to enable reuse if and when software support ends.
– Protect “adversarial interoperability,” allowing competitors or third parties to modify old devices. – Educate manufacturers on building longevity into product design. The letter states, “Consumers are already being burned by software obsolescence, and absent guidance and enforcement, we are seeing companies roll the dice on selling connected devices that they have no intention of standing behind.”
This push for regulatory action underscores a critical issue in the age of connected devices.
It is yet to be seen how the FTC will respond to these pointed demands.