US App Store Freedom Act mirrors EU law while removing security safeguards
The proposed App Store Freedom Act (ASFA) in the U.S. draws heavily from the EU’s Digital Markets Act (DMA), mandating sideloading and interoperability for major platform operators. However, the legislation omits specific security and privacy safeguard provisions present in the EU law, raising concerns about potential impacts on software integrity and platform control.
Key Takeaways
- H.R. 3209 requires Apple and Google to technically enable third-party app stores and allow users to set them as defaults.
- Section 2(a)(2) mandates free interoperability and developer access to the same hardware and software features used by the platform owner.
- The legislation strips out the DMA’s 'strictly necessary and proportionate' language that allows platforms to block threats to device integrity.
- Proposed rules would ban companies from requiring developers to use proprietary in-app payment systems or imposing anti-steering fees.
Why It Matters
The App Store Freedom Act represents a significant shift toward the European regulatory model for mobile ecosystems, potentially ending the 'walled garden' era for U.S. streaming and app providers. By mandating interoperability and third-party payments without the EU's built-in security guardrails, the bill could force a complete redesign of platform authentication and billing stacks. For streaming services, this means lower commission overhead but higher direct responsibility for payment security and user data protection. The removal of platform vetting may also lead to a surge in fraudulent apps, mirroring recent challenges in the EU market. Watch for upcoming floor debates to see if lawmakers add privacy-focused amendments to address these software integrity concerns.
Additional Context
The reintroduction of the App Store Freedom Act (ASFA) coincides with an intense period of regulatory scrutiny for Apple and Google. Per ITIF in July 2026, the bill marks a departure from traditional U.S. antitrust frameworks, such as the Sherman Act, by removing the requirement to prove market dominance before mandates apply. This legislative push follows the Supreme Court’s May 2026 refusal to intervene in the ongoing legal conflict between Apple and Epic Games, which has already forced incremental changes to Apple App Store fee changes. Furthermore, the European General Court upheld the Digital Markets Act gatekeeper designations for both iOS and the App Store in July 2026, reinforcing the very framework ASFA aims to import.
While federal lawmakers debate ASFA, several states have already moved forward with their own requirements. According to reports from December 2025, Texas, Utah, and California have enacted 'App Store Accountability Acts' that mandate age verification and parental consent APIs. Apple and Google responded by launching dedicated tools like the Declared Age Range API to meet these localized standards. Industry analysts noted in July 2026 that these combined regulatory pressures are beginning to slow services growth as developers gain more avenues to bypass standard commissions.
Simultaneously, the Federal Trade Commission (FTC) is expanding the scope of interoperability beyond mobile apps. In April 2026, the FTC issued a landmark ruling requiring model portability for large-scale artificial intelligence providers, aimed at preventing vertical lock-in between cloud infrastructure and proprietary AI models. This reflects a broader U.S. regulatory trend toward mandating open technical standards, potentially converging with European standards to create a global baseline for digital platform governance.
Read full article at siia.net
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