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Challengers Approach: Third Party App Stores Arrive to Google Play

If you are an Android user, you may have noticed it already: Google has begun allowing rival, third-party app stores to be distributed through the Google Play Store. And if you are a developer, you may have noticed new options for billing and distributing your apps. 

For years, Epic Games, maker of games such as Fortnite, has been suing Google, alleging violations of antitrust law. Specifically at issue were Google's restrictions on the distribution of alternate app stores through the Play Store, restrictions on app developers who have little practical choice but to distribute their apps through the Play Store, and Google’s rules governing in-app payments and the fees associated with them. 

Epic’s challenge ultimately resulted in a court order requiring significant changes to Google’s practices. Among other changes, rival, third-party Android app stores are now allowed to access the Play Store’s catalog and to be distributed through the Google Play Store. Developers also have greater freedom to direct users to alternative payment and distribution options.   

These changes give users and developers more choices and create new opportunities for competition in the Android ecosystem, breaking the power Google once had over many facets of the app ecosystem. This is a win for competition and antitrust enforcement. But the benefits can extend beyond competition itself—more meaningful choice can also create opportunities for greater freedom of online expression, privacy, and security. 

With alternate app stores able to compete for Android users, Google no longer has the first and last say on what apps can reach users and on what terms. Developers have more options for reaching their audiences, rather than having a single company’s rules determine the terms of access. 

More importantly, Android users are no longer trapped in an arrangement of feudal security with Google, where users must depend on the goodwill of a monopolist to protect them and guarantee their safety. If Google does not adequately protect their data or security, Android users can now switch to a competitor that does a better job. And if that competitor fails them, they can choose another. 

Competition in the app store market therefore means competition not only over which apps are offered, the user experience, and developer fees, but also over privacy and security. Users and developers gain something fundamental in the process: the ability to choose. 

As we’ve previously written, antitrust has never been just about prices—it’s also about power. It is about who gets to control and shape the future of the internet. A world in which a handful of dominant platforms can dictate how users access apps or programs, how developers reach them, and what rules govern those interactions is one in which users have fewer meaningful choices. Without Epic’s successful antitrust challenge and the changes that followed, users would have remained in a world of feudal security, where they would have been left begging their feudal tech lord for more. 

The arrival of competitor app stores on Google Play does not solve every problem with the Android ecosystem. But it opens the door to something that dominant platforms have spent years trying to keep out: meaningful competition. And each new competitor gives users another opportunity to choose something better. 

Related Cases: 

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California: Tell the Governor to Stand Up for Net Neutrality, Affordability, and Public Safety

The federal government has inserted a provision into a funding deal with the state of California that would make the state abandon its gold standard net neutrality law, broadband affordability laws, and public safety protections. Doing so would be a huge step back for California, and would actually end up being more expensive for Californians in the long run. Tell the governor to reject this provision before accepting these funds from the federal government.

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Tell the Governor to Stand Up for Net Neutrality, Affordability, and Public Safety

On August 31, the National Telecommunications and Information Administration announced it would be awarding California $1.4 billion to expand broadband connectivity in the state. In that deal is a provision that says that California agrees to not enforce any law, order, or policy that imposes any sort of restriction on internet service providers (ISPs). These ISPs will get awarded the funding in order to connect Californians they have neglected for years. The ban on enforcing our laws would last 14 years. This is disastrous for a lot of reasons. 

First, California is one of the only states with a strong state net neutrality law. Recreating much of the FCC’s Open Internet Order, the law prevents ISPs from blocking, throttling, zero rating, and instituting paid prioritization on internet service. Put another way, the law ensures that users, not companies, decide how they can see on the internet. If California is not allowed to enforce our gold standard law, there will be little stopping ISPs from controlling how everyone experiences the internet. 

Second, California has a number of affordability protections that would also fall under this agreement. For example, when the state approved the merger of Verizon and Frontier earlier this year, it required the new merged company to offer a $20 internet plan to low-income Californians—saving Californians billions of dollars over the next decade. Just this year the California Public Utilities Commission found that the average cost of broadband across four major urban markets (San Mateo, Oakland, Los Angeles, and San Diego) was $51 per month. In 2023, Consumer Reports found that 84% of American consumers pay at least $50 per month, with many paying more. That $30 difference per month—which is likely to actually be more—makes all the difference for low-income Californians. It is how Californians will save billions from this merger requirement. In contrast, $1.4 billion in new connectivity and infrastructure doesn't matter if the most vulnerable Californians cannot afford it. Eviscerations of this and the net neutrality protections will, ultimately, cost Californians more than they will get. 

Third, this deal will impact public safety. The same California net neutrality law which protects consumers also ensures reliable service for first responders during emergencies by banning throttling. In 2018, Verizon throttled, or slowed down, the service of firefighters as they were battling what was, at the time, the largest wildfire in California history. In reaction, fire departments came out in support of what would become California’s net neutrality law. If California cannot enforce its net neutrality law it will leave its first responders in a weaker position as natural disasters only become more intense. 

Most people do not have a choice in ISP as it is. California’s net neutrality law is one of the few things protecting Californians from the whims of these monopolistic giants. Californians should not give up our few hard-won protections in return for a hand out to these behemoths. Tell Governor Newsom to reject this provision before he accepts these funds from the federal government. 

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Tell the Governor to Stand Up for Net Neutrality, Affordability, and Public Safety

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Governor Newsom Signs Student-Backed Digital Literacy Bills Alongside Misguided Bans

Governor Newsom signed a package of 12 bills yesterday aimed at “protecting children” online. One of them was AB 1709, which EFF has opposed this legislative session and serves as a functional ban on young people under 16 using social media. However, EFF supported two of the bills signed into law, AB 2071 and AB 2298, which require that children learn critical digital literacy and cybersecurity topics. The bills are an affirmative and constitutional way for the state to address valid concerns about young people’s internet use without violating their First Amendment rights.

Unlike blanket bans, A.B. 2071 and A.B. 2298 address online safety through education rather than prohibition. Young people rely on the internet not just for entertainment, but for civic engagement, education, self-expression, and community—especially vulnerable youth who may lack support in their physical surroundings. This is why real digital safety comes from preparation, not isolation. Research consistently shows that open, honest conversations about digital literacy and privacy with trusted adults are far more effective at protecting youth than restrictive censorship laws. Young people themselves recognize this need; in fact, A.B. 2071 was co-authored by a group of students actively seeking better resources to navigate their digital lives safely.

Education vs. Censorship 

A.B. 2071 and A.B. 2298 fill critical gaps in California’s school curricula by equipping students with actionable skills. A.B. 2071 integrates digital wellness into middle and high school health classes, teaching students how to identify unhealthy tech habits, protect their personal safety, and evaluate digital content—including AI-generated media—for credibility and bias. Meanwhile, A.B. 2298 adds cybersecurity concepts to recommended school curricula, teaching young people how to safeguard their personal data from online threats.

While the state’s turn toward social media bans remains a harmful and misguided policy direction, the passage and signing of A.B. 2071 and A.B. 2298 show there is a better way. Lawmakers must stop treating censorship as a quick fix and instead focus on constitutional, empowering solutions that give youth the tools they need to thrive online. 

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Farmers Are Getting Control Of Their Equipment Back

For years, John Deere had actively made repairing their tractors near-impossible for anyone but itself and the few "authorized" repair shops—regardless of the ability of its customers to actually visit such shops. Now, in a major win for farmers and right to repair advocates, John Deere must soon provide farmers with not just the tools and resources to finally repair their own John Deere equipment, but also access to future updates for said equipment.

In 2025, the Federal Trade Commission (FTC) brought a suit against farm equipment manufacturer John Deere, alleging John Deere used their control over equipment repair tools and resources to limit the ability of farmers and independent repair providers (IRPs) to repair John Deere equipment. Earlier this month, John Deere reached a settlement with the FTC in which they will immediately make available a tranche of repair resources, then continue to make further resources available until the end of the year. Five states joined the FTC in this suit, and over the next 10 years these states will work alongside the FTC to ensure John Deere complies with this settlement. 

It is worth noting there is a second, farmer-initiated antitrust lawsuit against John Deere, also concerning a farmer’s right to repair their own equipment. In April, John Deere agreed to a $99 million settlement in that case, which also includes right to repair provisions.

This fight is just one example of how, as machines become increasingly computerized, companies like John Deere restrict your ability to repair machines behind software subject to legal regimes that don’t just lock down repair, but make unauthorized repair a potential criminal offense. 

John Deere’s market dominance in farm equipment led to an extraordinary power over access to the tools and resources of repair. John Deere actively restricted who had access to repair tools, and monopolized who could do the repair. This revenue stream—and control of it—is built into the business models of a lot of the technology we buy today. It also encourages companies to move away from the kinds of devices that can be easily fixed at home to ones that offer bells and whistles no one wants but makes repair difficult—like app-enabled toasters. 

This whole saga with John Deere has been an exemplar of the greater need for right to repair laws, policy, and enforcement.  There was a time when you bought a tractor and with some know-how and a manual could fix it yourself. It is easy to envision why someone with John Deere farm equipment might find it inconvenient to wait for John Deere approved repairpeople to come and fix any broken equipment. Especially when it meant waiting for days or weeks. Especially if it meant their crop was withering on the vine. This settlement will help ensure this is no longer the case. 

But it’s not just about farm equipment; If you can’t fix it, you don’t own it. While some might feel more willing to agree they “shouldn’t” futz with laptops or smartphone, it still stands that — whether it’s farm equipment, a car, a laptop, or even your phone — if you legally cannot fix it yourself, if you must go hat in hand to an “approved provider,” you are at the mercy of a corporation. It is why EFF continues to support right to repair laws that ensure people truly own what they buy. And it is why EFF continues to fight for exemptions to the law that makes it most difficult to tinker and repair your own devices.

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The FCC’s Spam Call Proposal Is Just a Data Collection Scheme

The Federal Communications Commission wants to require telecommunications providers to collect vast amounts of personal information from every person who wants a phone number in the name of combatting scam and spam calls. This plan will fail to combat the deluge of unwanted calls people in the United States receive every day while giving untrustworthy companies a gold mine of information that would harm everyday consumer’s privacy, access to communications, and ability to speak freely. 

The requirement to provide ID and an address would completely cut off the ability to have an anonymous phone line, which would mean many people in the most precarious situations imaginable: domestic violence and human trafficking survivors, unhoused people, and children without stable homes, would not be able to gain access to a crucial lifeline. EFF, along with ACLU, has submitted comments advising the FCC to abandon this proposal entirely. 

This Rule Will Not Decrease Spam Calls 

Requiring phone providers to collect consumers’ information will not appreciably decrease or eliminate unwanted calls. The FCC knows this because it confesses in its own rulemaking that “the most effective way to prevent unwanted calls from reaching American consumers is by ensuring they never enter the network.” Further, the Federal Trade Commission found that “a significant proportion, if not the majority, of unwanted robocalls originate from overseas.” Collecting the personal information of everyone who wants to make a phone call will not put a dent in fraudulent calls. 

What will address unwanted calls is the FCC’s STIR/SHAKEN technical standards, which already exist. While STIR/SHAKEN is not perfect, it is actually a technical solution to the problem of spam calls. And where less than 50% of American telecommunication providers have fully implemented the protocol, the FCC should put its energy toward 100% compliance to reduce the scale of unwanted calls, instead of collecting consumer’s private information. 

The FCC gives away the true reason for this proposal in their own comments: this is a move to shut down the very existence of anonymous phones, aka burner phones. FCC says in their comments: 

“Enhanced KYC information can assist law enforcement to more easily identify callers that use the network to perpetuate crimes by ensuring that voice providers have accurate and complete customer information. The KYC information gathered and verified would help ensure that law enforcement gets accurate information in response to subpoenas when investigating crimes. For example, can enhanced KYC rules assist law enforcement in investigating organized criminal groups that use the network to facilitate illegal activities? Can they be used to deter or detect trafficking operations that use communication networks to buy and sell illicit goods?”

Anonymous phones are not just used by people to break the law, they are also used by activists who wish to remain anonymous, privacy conscious consumers, people escaping domestic violence, people escaping human trafficking, journalists who need to reach out to confidential sources, and other people in desperate situations. Anonymous phone lines are a lifeline to many, one which this proposal would cut off without any alternative. 

Mass Data Collection Makes Us All Less Safe

Mass data collection of individuals does not address unwanted calls, but it does make us all less safe online. The telecommunications industry has proven time and again that they’re poor stewards of personal information. They’ve been at the center of several large-scale data breaches in recent years and their data practices leave much to be desired.

In 2024, AT&T disclosed two large data breaches. One in which 7.6 million existing account holders and more than 65 million former customers had their information leaked onto the dark web, and another in which more than 100 million customer account call and text logs were downloaded. Another large provider, Comcast, suffered a data breach in 2023 where nearly 36 million account holder’s information was stolen, including the last four digits of their Social Security Number and date of birth. 

In 2024, the nation’s CALEA infrastructure, which law enforcement uses to tap and trace calls, was breached in the Salt Typhoon attacks. Experts maintain that U.S. communications networks remain vulnerable, and even this administration acknowledges these attacks as an ongoing threat. 

If telecoms can’t even protect the most sensitive communications infrastructure in the nation how can we expect that they will protect our identities?

In addition to their poor cybersecurity practice, these providers themselves abuse the information in their possession. In Scott v AT&T, AT&T, among others, made consumer information available to hundreds of third parties without the consumer’s express consent. Though the case was dismissed because AT&T forces its consumers to sign arbitration agreements, it shows the complete lack of care for their consumers' privacy. 

A Lack of Anonymity Silences People 

Mass data collection of individuals just to have a phone number will also harm and silence people. Anonymity in calls provides people the safety they may require to organize themselves, speak freely, and seek services. Anonymous phone calls give people the courage to participate in politics, organize themselves, reach out to a suicide or sexual-assault hotline, an addiction-recovery sponsor, seek medical care, seek escape from a violent and coercive situation, and do much more. Without this anonymity, people may otherwise not do any of these things. 

It will prevent many from obtaining phone numbers at all. 

Not everyone has all the information the FCC wants to require. The FCC wants people’s physical addresses, defined so narrowly that it’s essentially a home address. Not everyone has a stable home address, so those individuals would be not able to get phone service. 

FCC suggests that a government-issued identification should be required for any phone service. About 15 million adult U.S. citizens do not have a driver’s license, while about 2.6 million do not have any form of government-issued photo ID. Others don’t have access to their identifying documents, they may be controlled by an abusive spouse or parent, human trafficker, cult, or someone else from whom a secondary phone line could help a person escape. Estimates show another 21 million adult U.S. citizens do not have a non-expired driver’s license, and over 34.5 million adult citizens have neither a driver’s license nor a state ID card with their current name or address. 

These numbers do not include non-U.S. citizens who do not have current government-issued identification, including undocumented immigrants who cannot obtain a state ID or driver’s license. Black American and Hispanic Americans are disproportionately less likely to have current drivers’ licenses, and Americans with disabilities and Americans with lower annual incomes are also less likely to have current driver’s licenses. 

The FCC’s proposal will not decrease the amount of unwanted calls. All it will do is set up a data collection regime that harms everyday, law abiding Americans. This proposal makes us less secure online, strips away our right to anonymous speech in calls, and actively disconnects those Americans who are already at the margins. EFF recommends the FCC discard this proposal in its entirety. 

The window for reply comments can still be filed until July 26th. Express comments, which are appropriate for most individuals, can be filed on the FCC website. See the suggested language below to help you get started. 

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