The App Store Freedom Act aims to prohibit unfair or deceptive practices in the App Store. In the event that a company owns both an app store application and operating system on which that app store operates, companies are required to allow users the choice to install third-party apps and app stores and to hide or delete pre-installed apps. These companies must also provide their app developers access to and critical information relating select hardware and software features of the operating system. The Act further restricts such companies from requiring app developers to include in-app purchases owned by them, nor may the companies in question use nonpublic business information from apps on their operating systems or distributed through their app stores to compete with said apps. Violations of this Act will be treated as violations of section 18(a)(1)(B)8
of the Federal Trade Commission Act. As such, the FTC will oversee enforcement of the App Store Freedom Act.
Goals
- Promote online child safety by brining competition in app stores.
- Pave way for alternative app stores that cater to the needs of parents and children.
Analysis
Apple and Google have monopolized the mobile app ecosystem through the App Store and Play Store for more than a decade. Without meaningful competition, these firms have continually failed to protect children from sexual exploitation, obscenity, data abuse, and more. Apple knowingly markets unsafe products to children, falsely represents the efficacy of its vetting measures and parental controls, and enters into exploitative contracts with minors. Similarly, in 2018, 60 games in Google’s Play Store were dubbed “AdultSwine.” These games displayed pornographic ads while children played them. With more app store competition, parents could seek alternative platforms for their children that won’t threaten their innocence or well-being.