Sec. 2. Protecting a competitive app market
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/bill/119/hr/5313/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered company that owns or controls the operating system on which an app store owned or controlled by the covered company operates shall allow and provide readily accessible means for a user of such operating system to— choose a third-party app or app store as a default; install a third-party app or app store through means other than the app store owned or controlled by the covered company; and hide or delete an app or app store provided or pre-installed by the covered company (or any business partner of the covered company).
A covered company, in a timely manner, without cost, and on terms that are equivalent to the terms of access by the covered company or any business partner of the covered company, shall provide to a developer of an app accessible on an operating system, or distributed through an app store, owned or controlled by the covered company— access to any interface and hardware and software feature of the operating system that are generally available to the covered company and any business partner of the covered company; and documentation and development information sufficient to access any such interface and feature.
A covered company shall be in compliance with the requirements described under paragraph
(2)if that company— licenses any intellectual property that the developer of an app needs to access any interface or hardware or software feature of such operating system; or limits the interfaces and hardware and software features of the operating system generally available to the covered company and any businesses partner of the company to interfaces and hardware and software features that do not implicate such intellectual property rights. A covered company may not— require, as a condition for an app to be accessible on an operating system or distributed through an app store that is owned or controlled by the covered company, that— a developer of the app use or enable an in-app payment system owned or controlled by the covered company or any business partner of the covered company; or pricing or other terms of sale be equal to or more favorable on such operating system or app store than on another operating system or app store; or take punitive action or otherwise impose less favorable terms and conditions against a developer of an app distributed outside of an app store that is owned or controlled by the covered company— for using or offering different pricing or other terms of sale on an app store or through an in-app payment system that is not owned or controlled by the covered company; or on the basis that such app provides access to a third-party app that is not owned or controlled by the covered company through remote electronic services rather than through download from an operating system or an app store that is owned or controlled by the covered company. A covered company may not impose any restriction or fee on the communication of a developer of an app accessible on an operating system or distributed through an app store that is owned or controlled by the covered company with a user of the app, whether through such app or direct outreach to such user, concerning legitimate business offers, including pricing or other terms of sale and product or service offerings. Nothing in this paragraph may be construed to prohibit a covered company from requiring that consent of a user be obtained prior to collecting and sharing data of the user through an app accessible on an operating system or distributed through an app store that is owned or controlled by the covered company if the apps and services of the company are subject to the same consent. A covered company may not use nonpublic business information derived from an app accessible on an operating system or distributed through an app store that is owned or controlled by the covered company for the purpose of competing with such app.