Livetweeting this hearing on app store competition

The central premise, that app stores have "gatekeeper" control, is greatly exaggerated, if not wrong
Klobuchar emphasizes that Apple won't allow sideloading of apps onto iOS photos (as Google does)

But Apple has, since 2018, allowed progressive web apps (PWAs) to run in the Safari mobile browser

And PWAs are increasingly able to duplicate the functionality of "native" apps
PWAs have some significant advantages over native apps (found in app stores): notably, you can build the same app to run on all major web browsers (except Firefox), so you don't have to build separate Android and iOS versions
PWAs don't require "installation"

You load them in your browser, like websites, but they are hugely more functional than websites

Like native apps, they get updated regularly and you can save them to your homescreen

They're used by Twitter, FT, WaPo &c

mobiloud.com/blog/progressi…
Here ten examples of PWAs doing all the things you assume only "native" apps can do mofluid.com/blog/10-best-p…
Also, "gatekeeping" is a scary way of talking about protecting consumers from very real threats to their privacy and security

Gatekeeping also helps parents to protect kids from content they don't want them to see and services they don't want them to use
Predictably, @SenMikeLee is accusing Google and Apple of abusing their "gatekeeper" power by taking down the Parler app

Parler, the site that refuses to filter/block images of children being raped, or overt Nazi shit, or incitement to violence, or Holocaust denial, and so on
While some people today may frame "gatekeeper" control in terms of revenue share between app stores and developers, for Republicans, it's clear that what they're really focused on is forcing tech companies to host the most appalling content imaginable

Because it helps them
Lee: I'm pleased with the outcome (Apple putting the Parler app back in its store)

He leaves out the important part: all Parler had to do was start abiding by Apple's requirement that it filter out content like CSAM ("child porn"), Nazi shit, hate speech and so on
Lee is doing a masterful job of eliding over the crucial constitutional distinction here: the gov't can police the abuse of economic power (higher prices, etc) but NOT the exercise of editorial judgment, however "unfair," "non-neutral" or "mean" conservatives might think it is
ugh "mowlware"

Mais non. "Mal" is pronounced "mahl"
Ironically, the Spotify guy hasn't turned his mic on, so it's really hard to hear him

Spotify...
Netflix had the same problems Spotify is complaining about

It solved them easily: by simply requiring users to sign up and set up their subscription on the Netflix website (before using the app)

So Netflix avoided having to share *any* revenue with Apple

So... bfd...
"Information Superhighway" mentioned *twice* in <1 minute

Hey, 1978 called. They want Al Gore's folksy futurist metaphors back mmmkay?
"This is the same behavior as the robber barrons before them"

Really? Pretty sure John D Rockefeller would have charged all developers fee for using their store instead of splitting *revenue* from purchases (96.7% of Android apps are free and few involve in-app purchases)
Rockefeller would have *raised* his commissions over time, instead of lowering them, as Google and Apple both have -- recently cutting their 30% commission in half for the first million in revenue

Which, per Google, is 99% of all developers

That's NOT how "Robber Barrons" work
Match's Jared Sine raises two excellent points about child protection:
First, Apple apparently doesn't prevent users it knows are <18 from lying on apps (eg dating apps) to claim they're 18+

First I've heard of this, so I'm not sure why Apple doesn't but could be a privacy issue
Second, Match would block known sex offenders but needs help identifying them. They want Google & Apple to ID users for them.

Again, not sure why they don't but this probably requires legislation, which Match has been pushing for
Justice Kennedy all but called on Congress to pass legislation convicted sex offenders from using social media back in Packingham (2017--the case Republicans keep citing as if it held that social media are public fora that can't take down speech, which is NOT what the court said)
I've never understood why lawmakers, for all they love *talking* about "protecting the children" haven't gotten a federal law passed to keep convicted sex offenders off social media

Appropriately crafted, such a law would be both constitutional and very long overdue
But you can well imagine why Apple and Google are, absent legislation that authorizes them to do it and immunizes them for making mistakes, reluctant to start trying to identify sex offenders and then telling app developers who they *think* those users are

That's the gov't job
Just imagine the due process problems if private companies started generating their own lists of (people they think are) convicted sex offenders, then banning people from using certain services/apps

Again, the states/feds need to do this

Which requires legislation
Hawley insists Apple should spend *all* its App Store revenue on security

But that's not the only thing Apple screens apps for--also privacy, performance, not draining batteries, child protection, and policing unlawful content like terrorism, drug sales, CSAM, etc
And both Apple and Google have to fund the development tools they make available (at no charge) to developers

Google, in particular, needs to fund the ongoing development of the Android operating system. That, rather than selling its own phones, is its primary business model
Apple: 85% of apps pay nothing at all

That's a key state. Public data shows that 92.9% of iOS apps are free, but I could find no public data showing which free apps offer in-app purchases

Now we know: a mere 15% of apps fund the entire ecosystem for ALL apps
🚨🚨🚨 Marsha Blackburn now recycling her "So who owns the virtual you?" line from 2009🚨🚨🚨
Klobuchar: what benefits do app developers get for their commissions besides security and payment processing?

Apple: investments in opening up the iPhone for developers (from 10k APIs to 250k), resources to help developers to build app, unique storefronts in 175 countries...
WHY is it so hard for lawmakers to understand that the Apple and Google app stores are integral parts of iOS and Android? The app stores fund the operating systems, which compete fiercely with each other

If you limit revenues from app stores, users will pay more for devices
Klobuchar: you're not suggesting that the app stores shouldn't charge anything, you're just saying they shouldn't charge developers so much, right?

Mark Cooper: there should be a normal rate of profit on that line of business

Oh, ok, so public utility regulation—NDB, right?🤦‍♂️
This is the heart of this entire hearing: we're dancing around the notion that the government should dictate the rates and terms of how app stores do business

We already know what that model of regulation produces: stagnation and regulatory capture by incumbents

No thanks!
tl;dr on today's hearing: "app stores have taken over the Internet and they're charging tolls!"

1) Um, when it came to installing someone else's code onto your device, the Internet actually really sucked. Someone needed to fix the security & trust problem, as app stores did
2) The Internet sucked in many ways: not being able to control what you kids did, having no one to turn to when you want a refund of a purchase, not having common platforms & APIs for development, etc

App stores/mobile OSs created today's app market by solving these problems

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Berin Szóka 🌐

Berin Szóka 🌐 Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @BerinSzoka

21 Apr
Just tuned in to @LinaMKhan's confirmation hearing. Of course, Wicker focuses on whether social media can be treated as common carriers, citing Justice Thomas

Apples & oranges: Lina's paper was about *economic* regulation of Amazon, not content moderation, protected by the 1A
Unfortunately, she didn't make that distinction clear, just saying that we need to be "a bit market specific"

I debunk Thomas's opinion here (with @corbinkbarthold) lawfareblog.com/justice-thomas…
And I explain the line between regulating economic conduct (what Dems are focused on) and regulating editorial judgments (what Republicans are focused on here:
gaidigitalreport.com/2020/10/04/sec…
Read 9 tweets
19 Apr
Republicans have relentlessly attacked "Big Tech" companies for "censoring" conservatives

Under pressure, Apple has caved, reinstating the #Parler app even though, for example, openly Nazi content is still readily available on the site. And that's just the tip of the iceberg...
It's hard to know what's really on Parler because the site doesn't allow full text search: unlike on Facebook or Twitter, you can only search for user names and hashtags

Even before the January 6 insurrection, Parler censored certain hashtags, like the N-Word
This was the bare minimum of what it took to create the veneer of respectability required to pretend that the site wasn't the cesspool of hate speech that it actually is

Parler seems to have expanded the list of banned hashtags to include other code words (eg "skittles"=Muslims)
Read 21 tweets
19 Apr
Hawley's bill would force Amazon to spin off its Web Services division

He doesn't even allege any economic harms flowing from owning both a marketplace and a hosting service

Obviously, he's trying to punish Amazon for booting Parler after the January 6 insurrection
Hawley isn't subtle about the motive for the bill: he's trying to use #antitrust law to retaliate against a private company for exercising editorial judgment in a way that Hawley doesn't like Image
The bill's text isn't out yet, but "online hosting services" may well cover other Internet infrastructure, including hosting domain names & "hosting" apps in the Play store

If so, the bill would punish Google, too
Read 7 tweets
30 Mar
At noon, Prof. Hamburger will repeat his nonsense claims that the First Amendment is a sword by which government can force private websites to host speech they find reprehensible.
His Fairness Doctrine for the Internet is the opposite of what the right has argued for decades, as @AriCohn and I explained here

lawfareblog.com/wall-street-jo…
Read 28 tweets
25 Mar
Another "Big Tech" hearing today (noon ET) with G, TW & FB CEOs

Dems will complain that tech companies don't moderate enough content and Republicans will say they're being "censored"

Both sides will attack 230, but the real issue is the First Amendment

energycommerce.house.gov/committee-acti…
Websites have the same First Amendment rights as parade organizers, newspapers or other media to exclude speech they find objectionable, however "unfair" their decisions may be

It's just not the government's job to second-guess those content moderation decisions
Republicans used to understand this. They spent 80 years attacking Fairness Doctrine mandates for broadcasting, yet are now demanding a Fairness Doctrine of their own

Here's Rep @CathyMcMorris Rodgers firmly rejecting such nonsense in late 2019
Read 134 tweets
23 Mar
.@BrendanCarrFCC is on a @FSFthinktank zoom now & about to talk about social media regulation
us02web.zoom.us/j/85978754303

Here's the thread I posted the last time he talked about #Section230

tl;dr: No, the FCC can't mandate "transparency" for content moderation akin to NN rules
Requiring ISPs to disclose how they block, throttle and prioritize is radically different from regulating how websites moderate content

The DC Circuit upheld 2015 NN rules because they applied only to ISPs that held themselves out as *not* curating the broadband experience
By contrast, social media ALL provide a curated, edited experience

And the First Amendment protects that exercise of editorial control

Read our comments to the FCC on the unconstitutionality of the NTIA's proposed #Section230 rules

techfreedom.org/wp-content/upl…
Read 8 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!