Introduction

 

As a United States citizen and digital consumer, I am among many who are limited by current restrictions on app usage and store access on dominant digital platforms. Unlike users in regions like the European Union, where regulations have enabled alternative app stores such as the Epic Games Store to operate on major platforms, we in the United States are restricted from accessing these alternatives. This restriction limits our choice and forces us to rely on single app marketplaces, which often set their own rules on pricing, payment methods, and app availability.

 

By advocating for the Digital Market Fairness and Competition Act, we aim to ensure fair access to a range of applications and digital services, promote competition, and protect the rights of consumers to make their own choices in the digital space. This Act would not only benefit gamers but also empower consumers and developers across the tech landscape. Please join in supporting this petition to bring fair digital access and choice to all users in the United States.

 

Digital Market Fairness and Competition Act (DMFCA)

 

Purpose:

To ensure fair competition, increase consumer choice, and prevent anti-competitive practices by dominant digital platforms in the United States.

 

Section 1: Title

 

This Act shall be known as the “Digital Market Fairness and Competition Act.”

 

Section 2: Definitions

 

 1. Dominant Digital Platform

Any digital service with a significant market share, substantial control over access to users, and practices that materially limit consumer choice.

 2. Gatekeeper

Any entity providing a dominant digital platform that restricts or controls the software, services, or commerce channels accessible to consumers.

 3. Alternative App Store

A digital distribution platform operating on a dominant digital platform’s operating system, independent of the primary app marketplace, offering consumers access to software and applications.

 4. Sideloading

The process by which users download and install applications from sources outside the dominant platform’s official app store.

 

Section 3: Consumer Rights and Access

 

 1. Right to Access Alternative App Stores

(a) Gatekeepers must permit consumers to download and use legally compliant alternative app stores on their operating systems.

(b) No Gatekeeper may impede the installation or operation of such app stores through technical or contractual barriers.

 2. Sideloading and User Choice

(a) Consumers shall have the right to install applications from external sources, provided they meet basic security standards.

(b) Gatekeepers may inform users of security risks but must allow consumers to choose to proceed with sideloading.

 3. Developer Freedom of Commerce

(a) Developers may integrate independent payment systems within applications distributed on dominant digital platforms without facing penalties.

(b) Gatekeepers may not limit or obstruct an application based on its use of third-party payment systems.

 

Section 4: Competitive Safeguards

 

 1. Non-Discriminatory Practices

Gatekeepers shall not give preferential treatment to their own applications in search results, app recommendations, or visibility algorithms.

 2. Data Portability and Interoperability

Consumers shall have the right to transfer their data from a dominant platform to other platforms easily and without charge, fostering a more open digital ecosystem.

 3. Transparency

Gatekeepers must provide transparent guidelines on third-party app stores, sideloading, and third-party payment systems. Any changes must be disclosed to the public at least 90 days in advance.

 

Section 5: Enforcement and Penalties

 

 1. Regulatory Oversight

The Federal Trade Commission (FTC) and Department of Justice (DOJ) shall jointly enforce this Act.

 2. Penalties for Non-Compliance

Non-compliant Gatekeepers may face penalties of up to 10% of their U.S. revenue, with additional sanctions at the FTC’s discretion.

 3. Private Right of Action

Developers and consumers adversely affected by violations of this Act shall have the right to file civil suits for damages.

 

Section 6: Effective Date

 

This Act shall take effect 12 months following its enactment to allow time for necessary adjustments by digital platforms.