Tensions between big tech and the government are not new. The issue that is most new is how tech companies manage and distribute smartphone apps. There are many bills pending on this topic, but the Open Markets Act is the most succinct. It is co-sponsored Minnesota Senator Amy Klobuchar.
The bill states that Any covered company that controls an operating system or configuration of an operating system on which its app shop operates must allow and make readily available means for users to –[…] (1) Install third-party apps through its app store…
Android phones allow users to download apps from other sources than the Google Play Store. Android users can enable a setting and accept the warning that “Installing applications from this source could put your phone or data at risk.” Then, they have the freedom to search for and install apps from other sources like online via a web browser.
The process for Apple (iPhones, iPads) is slightly different. Apple approves apps submitted by developers. Apple then publishes them for iPhone users to download via Apple’s App Store. It is impossible to download apps from other sources than the App Store unless you take extreme measures. Apple is supposed to be a digital gatekeeper, filtering out any apps that could compromise privacy and security. This has not always worked. The legislation proposed would change Apple’s business model, which is inherently monopolistic.
Apple responded by saying that Apple would have to change its security and privacy policies. It also provides a way for bad apps, such as those that track users’ activities without permission, to access devices it sells. Sideloading, which is downloading apps from outside Apple’s App store, has a distinctive, aftermarket ring.
Is this a good idea or a bad idea? It’s not clear to me. Apple has legitimate concerns. Unvetted code can cause problems for those who don’t understand the risks. Apple’s non-iOS devices already have GateKeeper, which double checks if the user is really interested in installing that free trial. So why should iPhones be different? It is not known if other third-party apps stores (those established if this legislation passes) have their own policies to evaluate the security risks presented by apps submitted for publication.
Every story has at least two sides. This one is particularly difficult because (surprise!) We are left guessing and no one knows the exact direction of divergent paths. To that end, I believe that Apple would have to remove what Apple considers a crucial safeguard (kinda like a digital seat belt). The key question is whether this plan would cause harm to Apple’s brand, product, and most importantly, its customers. This question must be answered before any action can be taken. This antitrust solution may cause cybersecurity problems if the security question isn’t answered.
The post Pick your poison: Antitrust Regulation and Cybersecurity was first published on Attorney at Law Magazine.