Commentary: A Way to Protect Kids Online That Passes Constitutional Muster

A bipartisan group of senators is about to take Big Tech CEOs to task on Jan. 31, 2024, by having them publicly address their failures to protect kids online. And the CEOs need to! The harms social media poses to children are well documented and, at this point, indisputable—even by the companies themselves.

YouTube admits that it hosts harmful content for children and even calls for legislation to address the problems it helps create. YouTube’s CEO indicated as much when he published his “principled approach for children and teenagers.”

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Truth Social Says Google Tolerates App Store Violations by Competitors, as Approval Drags Out

Trump Media and Technology Group is trying to tamp down its feud with Google over the latter’s refusal to approve its Truth Social app in its current form barely two months before midterm elections.

After TMTG CEO Devin Nunes told “Just the News Not Noise” that he didn’t know “what’s taking so long” for Google to approve the former president’s app, Google said it told TMTG Aug. 19 that the submitted app committed “several violations of standard policies,” including insufficient moderation of user-generated content.

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Apple Engaged in ‘Anticompetitive Conduct,’ Court Rules in Antitrust Lawsuit

A judge ruled Friday that Apple engaged in anticompetitive conduct in its App Store, concluding a lawsuit filed by game developers alleging the tech giant was an illegal monopolist.

Judge Yvonne Gonzalez Rogers ruled Friday that Apple’s policy of preventing app developers from linking to third-party payment systems within their apps was anticompetitive, forcing the iPhone maker to change its app store guidelines. However, Rogers ruled in favor of Apple on several other allegations, finding the tech giant did not illegally maintain a monopoly.

“While the Court finds that Apple enjoys considerable market share of over 55% and extraordinarily high profit margins, these factors alone do not show antitrust conduct,” Rogers wrote. “Success is not illegal.”

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Bipartisan Bill Targets Apple, Google for App Store Tactics

Marsha Blackburn

Senators from both parties introduced a bill Wednesday targeting alleged anticompetitive conduct among Apple and Google app stores.

The Open App Markets Act, introduced Wednesday by Republican Sen. Marsha Blackburn along with Democratic Sens. Richard Blumenthal and Amy Klobuchar, would prevent app stores such as Google Play and Apple’s App Store from requiring developers to use the tech giants’ in-app payment systems as a condition of distribution. The bill would also stop Apple and Google from taking “punitive action” against developers who offer different pricing terms in other app stores.

“This legislation will tear down coercive anticompetitive walls in the app economy, giving consumers more choices and smaller startup tech companies a fighting chance,” Blumenthal said in a joint statement.

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SCOTUS: iPhone Users Can Sue Apple for App Monopoly

by Kevin Daley   The Supreme Court ruled Monday that iPhone users can bring an antitrust lawsuit against Apple alleging the tech giant has monopolized the market for software applications. Justice Brett Kavanaugh delivered the 5-4 decision, joined by the high court’s liberal bloc, which may have far-reaching consequences for Silicon Valley. “The plaintiffs seek to hold retailers to account if the retailers engage in unlawful anticompetitive conduct that harms consumers who purchase from those retailers,” Kavanaugh wrote. “That is why we have antitrust law.” The iPhone app market is a tightly-controlled system. iPhones are programmed so they cannot download apps outside the Apple-administered App Store, and users who modify their devices to download apps from other sources — called jailbreaking — risk adverse consequences like voiding their warranty. What’s more, Apple has broad discretion over products in its store, and may remove apps for any reason whatever. Other requirements include a mandate to price all apps on a .99 scale, like $1.99 and $2.99. When an application is purchased, Apple collects a 30 percent commission and gives the other 70 percent to the developer. For subscriptions, Apple collects a 15 percent share after the first year. Taken together, the plaintiffs say…

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Supreme Court Open to Antitrust Lawsuit Against Apple

  U.S. Supreme Court justices on Monday appeared open to letting a lawsuit proceed against Apple Inc that accused it of breaking federal antitrust laws by monopolizing the market for iPhone software applications and causing consumers to overpay. The nine justices heard an hour of arguments in an appeal by the Cupertino, California-based technology company of a lower court’s decision to revive the proposed class-action lawsuit filed in federal court in California in 2011 by a group of iPhone users seeking monetary damages. The lawsuit said Apple violated federal antitrust laws by requiring apps to be sold through the company’s App Store and then taking a 30 percent commission from the purchases. The case may hinge on how the justices will apply one of its past decisions to the claims against Apple. That 1977 ruling limited damages for anti-competitive conduct to those directly overcharged rather than indirect victims who paid an overcharge passed on by others. Apple was backed by Republican President Donald Trump’s administration. Some liberal and conservative justices sharply questioned an attorney for Apple and U.S. Solicitor General Noel Francisco, who argued on behalf of the administration on the company’s side, over their argument that the consumers were…

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