Senators reintroduce App Store bill to rein in 'gatekeeper power'

5 hours ago 2

Update: Apple has responded to the reintroduction of the bill with a statement provided to 9to5Mac. See full statement below.

The App Store is back under scrutiny from lawmakers in Washington. A bipartisan group of senators has reintroduced the 2021 Open App Markets Act, a bill aimed at curbing the gatekeeper power that Apple and Google hold over the so-called “mobile app economy.” Here’s what they’re going for.

If passed, the legislation would effectively force Apple and Google (who are not specifically named in the text) to allow sideloading, support third-party app stores, permit alternate payment systems, and stop penalizing developers for telling users about better prices elsewhere.

The bill’s reintroduction (via AppleInsider) was made by U.S. Senators Marsha Blackburn (R-Tenn.), Richard Blumenthal (D-Conn.), Mike Lee (R-Utah), Amy Klobuchar (D-Minn.), and Dick Durbin (D-Ill.).

Here’s Senator Blumenthal on how he sees the current scenario:

“For years, Apple and Google have acted as gatekeepers, building up anticompetitive walls to squash their competition and drive up costs for consumers.”

And here’s Senator Blackburn on her intention with the reintroduction of the bill:

“Our bipartisan Open App Markets Act would ensure a freer and fairer marketplace for consumers and small businesses by promoting competition in the app marketplace and opening the door to more choices and innovation.”

This isn’t the first time the bill has been floated. The original version gained some traction a few years ago, even passing out of committee, but never made it to the Senate floor. The reintroduction comes as legal pressure on Apple continues to mount, including a renewed chapter in the ongoing Epic v. Apple saga, with Apple now appealing the case to the Ninth Circuit.

What the bill would do

According to Senator Blackburn’s press release, if passed into law, the Open App Markets Act would:

Protect developers’ rights to tell consumers about lower prices and offer competitive pricing;
Protect sideloading of apps;
Promote competition by opening the market to third-party app stores, startup apps, and alternative payment systems;
Make it possible for developers to offer new experiences that take advantage of consumer device features;
Give consumers greater control over their devices;
Prevent app stores from disadvantaging developers; and
Establish safeguards to preserve consumer privacy, security, and safety.

Right now, the bill is only proposed legislation, meaning it has been introduced in Congress but has not become law. It still needs to go through both chambers or be signed by the President.

Update: in a statement provided to 9to5Mac, an Apple spokesperson said:

“We created the App Store to be a safe and trusted experience our users love and a fantastic business opportunity for developers in the U.S. and around the world. We face intense competition everywhere we operate, and we are proud to be an engine for innovation and economic growth. We are concerned this EU-style regulation will open our users to new privacy and security risks, and will continue to advocate on their behalf.”

Photo by Wilmer Olano on Unsplash