Apple's Senior Director of Government Affairs Timothy Powderly wrote a letter to the Senate Judiciary Committee saying that the bills would cause consumers to be targeted with malicious software and would cause major changes to the App Store.
The Open Markets Act and the American Innovation and Choice Online Act were first introduced in June 2021. The American Innovation and Choice Online Act would prevent "dominant platforms" from using their power to favor their own products and services over those of competitors.
The legislation would allow sideloading, which Apple is against. Sideloading would allow apps and content to be installed on the devices through alternate app stores, circumventing Apple's App Store privacy measures.
The bills would hurt competition and discourage innovation by making it harder to protect the privacy and security of personal devices in the United States, according to Apple.
The bills will reward those who have been irresponsible with users' data and empower bad actors who would target consumers with malicious software.
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The bills put consumers in harm's way because of the real risk of privacy and security breeches. Privacy and security protections would be nearly impossible to defend, and the bills would allow predator and scam artists to side-step Apple's privacy and security protections completely. This circumvention is possible because the bills would mandate side loading, or the direct installation of software from the internet in a way that circumvents the privacy and security protections Apple has designed, including human review of every app and every app update.
Apple claims it would be restricted from providing new privacy and security protections under wording that maintains such features must be "necessary" and "narrowly tailored", which the company says is a "nearly insurmountable test" that could prevent customers from having access to a "smart mobile device that provides them
The App Store and Apple's human review process protect customers from malicious and dangerous code, and consumers would lose that protection if these bills are implemented. In the letter, Apple highlighted a study that showed that the App Store works better for devices with theiOS platform.
Apple says that the bill would be a big win for those who would profit by collecting more personal information, and that millions of Americans could be deceived into installing unwanted software. The benefits that consumers receive from Apple should not be ignored by regulators.
The bills would undermine much of the progress Congress has made bolstering American competitiveness, rebuilding supply chains, and encouraging domestic manufacturing by instead codifying a structural advantage for foreign competitors in the vibrant technology sector.
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Steve Jobs said at the launch of the iPhone that they were trying to do two things at the same time: provide an advanced and open platform to developers while at the same time protect users from viruses, malware, privacy attacks, etc.
The Senate Judiciary Committee is considering two bills that Apple is urging them not to approve, and the company wants to work with the committee to find solutions to address competition concerns while protecting consumers' privacy and security.