The exploitation would be of the loophole. Since there is no rule that says a device manufacturer has to disclose the code to anyone (not even to the FDA) in t

The exploitation would be of the loophole. Since there is no rule that says a device manufacturer has to disclose the code to anyone (not even to the FDA) in the first place, there is no need for a loophole. Device manufacturers largely keep their code secret (and yes, in a few cases where such code has had to be disclosed anyway because of a lawsuit or the like, it has been shown to be pretty crappy). So, I'm saying that if code disclosure and the like (ala Right to Repair, etc.) was required, but some subset of devices was exempt, manufacturers would do their best to cram their devices into the exempt category.