Consumer and digital rights activists are calling on the US Federal Trade Commission to stop device-makers using software to reduce product functionality, bricking unloved kit, or adding surprise fees post-purchase.

In an eight-page letter [PDF] to the Commission (FTC), the activists mentioned the Google/Levis collaboration on a denim jacket that contained sensors enabling it to control an Android device through a special app. When the app was discontinued in 2023, the jacket lost that functionality. The letter also mentions the "Car Thing," an automotive infotainment device created by Spotify, which bricked the device fewer than two years after launch and didn't offer a refund.

Another example highlighted is the $1,695 Snoo connected bassinet, manufactured by an outfit named Happiest Baby. Kids outgrow bassinets, yet Happiest Baby this year notified customers that if they ever sold or gave away their bassinets, the device’s next owner would have to pay a new $19.99 monthly subscription fee to keep certain features. Activists argue that reduces the resale value of the devices.

Signatories to the letter include individuals from Consumer Reports, the Electronic Frontier Foundation, teardown artists iFixit, and the Software Freedom Conservancy. Environmental groups and computer repair shops also signed the letter.

The signatories urged the FTC to create "clear guidance" that would prevent device manufacturers from using software that locks out features and functions in products that are already owned by customers.

The practice of using software to block features and functions is referred to by the signatories as "software tethering."

"Consumers need a clear standard for what to expect when purchasing a connected device," stated Justin Brookman, director of technology policy at Consumer Reports and a former policy director of the FTC's Office of Technology, Research, and Investigation. "Too often, consumers are left with devices that stop functioning because companies decide to end support without little to no warning. This leaves people stranded with devices they once relied on, unable to access features or updates."

"Consumers increasingly face a death by a thousand cuts as connected products they purchase lose their software support or advertised features that may have prompted the original purchase," the letter states. "They may see the device turned into a brick or their favorite features locked behind a subscription. Such software tethers also prevent consumers from reselling their purchases, as some software features may not transfer, or manufacturers may shut down devices, causing a second-hand buyer harm."

Brookman told The Register that he believes this is the first such policy request to the FTC that asks the agency to help consumers with this dilemma.

"I'm not aware of a previous effort from public interest groups to get the FTC to take action on this issue - it's still a relatively new issue with no clear established norms," he wrote in an email. "But it has certainly become an issue" that comes up more and more with device makers as they change their rules about product updates and usage.

"The FTC has done some limited actions on the topic … but not enough to set clear practices for industry to follow."

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Consumer tech companies aren’t alone in this sort of thing. Cisco regularly advises its customers to dump old kit that has security problems and has passed its end-of-support date.

The Register will watch to see if the FTC responds to the activists and inform you of any progress. ®

https://www.theregister.com//2024/09/06/consumer_ftc_software_tethering/