The predictable retort that there is no need for a public review of source code, "because indecipherable/underhanded code can still be written" is nonsense. If the code is so poorly written and tested that it is possible to be underhanded without the risk of anyone noticing, that code should not be on the road!
We wouldn't be happy if the cars wiring and hydraulic systems were a fragile spaghetti mess that was impossible to inspect, why should we allow it for embedded software?
What about for self-driving/automation features? There is a strong argument that such code especially should be available for scrutiny, but it is far from worthless as a standalone.
That said, there's probably a strong argument for protecting the source behind things like integrated entertainment/navigation systems, provided they're sufficiently decoupled from the car's critical systems. A really slick UI is a competitive advantage.
DMCA in these cases seems to be a protection against third-party aftermarket for upgrades, and protection against remote hacking rather than protection of IP for competitive purposes.
I imagine it would also create a licensing nightmare since navigation and entertainment components often utilize licensed, closed source, third party software. Much more so than the core functions of a vehicle (e.g. engine, steering, braking).
If anything, affording manufacturers the right to keep non-critical vehicle systems closed source would further the goal of opening up the critical portions.
Also, DMCA as a means of protection against remote hacking is tantamount to security through obscurity—but worse. While public source code access isn't some magic solution to security, it seems likely that it would vastly improve automotive security via allowing security researchers to do their far job more efficiently.
Does the AI code in self driving car apply? Or the control software in a drone?
And in the future, ECU may not be a standalone device any more.
You could divide the cars systems up into safety critical and non-safety critical components, like there is no reason why the software running the car's media center needs to publicly available, but there should be a well defined interface between the media center and safety critical code (or no interface at all)
Manufactures will probably check each others code to make sure none of their own code has been stolen and file lawsuits if it has.
Also, do you want officials to have to review and test one hundred different implementations of a safety critical piece of code, or would you prefer an evolution to a single standard shared code base, shared between manufacturers, for which all testing efforts are directed at new patches?
The DMCA was intended to protect creative works like movies or songs, where the whole value is in the encoded file.
Code that runs a car is the opposite: it is worthless by itself. Keeping it hidden from the public just enables bad behavior, like Toyota's terrible code or VW's deception.