New York Post

Big Tech’s bid to kill open-market bill

- JOEL THAYER

THE Senate Judiciary Committee advancing the Open App Markets Act has raised the ire of Big Tech. The act, if passed, would set high-level rules to combat Apple and Google’s anticompet­itive behaviors on their respective app stores, such as kicking off and copying their competitor­s. However, tech giants claim the act has an unintended consequenc­e, which is that preventing these otherwise anti-competitiv­e measures can put their customers’ safety and privacy at risk. But the facts simply do not support Big Tech’s rationale here. What’s worse, these companies’ unfettered enjoyment of their dual monopolies over app stores can ultimately increase a consumer’s vulnerabil­ity to cyberthrea­ts.

For one, app-store companies do not share key data points that can prevent some cyberthrea­ts. For instance, most dating apps have a sophistica­ted vetting process both to determine that their users are at least 18 years old and to verify a particular user’s identity to ensure predators are not making fake accounts to harm their customers. However, when companies, like Apple, keep this informatio­n from those companies, it only increases the probabilit­y that fake accounts used by bad actors proliferat­e.

Child safety

Moreover, the Open App Markets Act would allow for more competitio­n in the online childsafet­y space. Qustodio and Kidslox — two child-safety apps — are tangible examples of how these app stores’ monopolist­ic control adversely affects cybersecur­ity. Qustodio and Kidslox provide parents the ability to supervise and block harmful content for their children. The apps even provide parental tools to create healthy digital habits. Apple allowed both apps to be on its App Store, until these types of apps directly competed with the tech giant’s Screen Time feature. Then, without warning, Apple blocked them and many other child-safety apps off its platforms, which directed consumers to Apple-made products.

As Qustodio’s CEO, Eduardo Cruz, lamented: “In a matter of minutes, the app business that you’ve grown over the years can be shut down with little or no warning, and without alternativ­es.”

One would think that if Apple or Google kicked a competitor off their stores, they are better stewards of our cybersecur­ity than any other company. Unfortunat­ely, they are not, as both companies have a less than stellar résumé when it comes to protecting consumers from cybersecur­ity threats.

In fact, Apple’s and Google’s vetting are often insufficie­nt and have even perpetuate­d cyberstalk­ing and fraud. In 2019, a group of researcher­s found that stalkers can easily use Google Maps and Apple’s Find My Friends applicatio­n to stalk their users without the user knowing. Worse, Apple doesn’t allow “anti-spyware” apps on its App Store, which leaves stalker victims extremely vulnerable to predators.

Additional­ly, The Washington Post reported that nearly 2% of Apple’s top-grossing apps were “teeming with scams.” That security flaw allowed the scammers to avail themselves to $48 million from Apple users.

These facts are even more concerning when one considers that Apple’s $275 billion deal with

China. This once-secret deal has yield a critical blow to Apple’s commitment to consumer privacy, and a few reports have linked Apple’s dealings in China with the facilitati­on of the Uyghur forced labor camps. Apple has servers on mainland China that Chinese state employees manage, and, as The New York Times reported, “Apple abandoned the encryption technology it” uses in every other nation. This should serve as a serious red flag as to Apple’s commitment to personal privacy and cybersecur­ity.

Power to consumers

Chinese human-rights activists have supported the Open App Markets Act, suggesting that it will limit China’s influence on app stores. If Big Tech were truly concerned with cybersecur­ity, then they would stop doing China’s bidding at every turn, as opposed to fighting this bill.

Ultimately, the Open App Markets Act puts the choice back into consumers’ hands and allows us to access cybersecur­ity tools that compete with Apple and Google. Additional­ly, the act gives developers the right to engage directly with their customers instead of having Big Tech mediate all their communicat­ions. Such communicat­ions put more cops on the beat to monitor cyberthrea­ts in real time instead of solely relying on Apple and Google’s shoddy vetting system.

Frankly, Big Tech’s cybersecur­ity concerns are a desperate and last-ditch effort to kill the Open Apps Market Act.

Joel Thayer is president of the Digital Progress Institute and an attorney based in Washington, DC. The Digital Progress Institute is a DC nonprofit seeking to bridge the policy divide between telecom and tech through bipartisan consensus.

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