Fuentes: App Store legislation threatens to put Floridians’ sensitive data in the hands of shady companies

Letter to the editor

Technology can bring friends and family closer together, make our lives more convenient, and help entrepreneurs grow their businesses. However, a growing number of Americans have expressed concerns about online dangers, from the mental health issues associated with social media to companies’ alarming data collection practices. Elected officials in Washington, D.C. have finally started to discuss measures designed to address those concerns, but – as usual – elected officials in Florida are ahead of the curve.

Over the years, Florida leaders have taken a number of important steps to protect consumers, ranging from eliminating fees when people freeze their credit to enacting consumer-friendly provisions for short-term loans to stabilizing our property insurance market. But while leaders in Tallahassee are working hard to put consumers and small businesses first, some in Congress are considering legislation that would harm Floridians, including one that would expose them to serious cybersecurity and data privacy threats. 

As President and CEO of the Florida Hispanic Chamber of Commerce, I’m concerned that the proposal being kicked around in Congress could threaten the hard-earned money and online privacy of business owners trying to provide for their families.

According to recent reports, Congress may reintroduce legislation known as the Open App Markets Act (OAMA). Concerningly, OAMA includes language that would enable bad actors to profit off shady data collection practices, and the bill is supported by companies with a long track record of misusing consumers’ sensitive information – including Spotify, online dating services conglomerate Match Group, and Epic Games.

So what is it about OAMA that makes the bill so concerning? 

OAMA would mandate a practice known as “sideloading,” which would undercut the cybersecurity and data privacy protections app stores currently provide. Instead, companies could force consumers to download risky apps from the internet or their own potentially insecure app stores. That means malicious companies would have the ability to write their own rules about how they collect and use consumers’ data.

Unfortunately, we don’t have to imagine what kinds of tactics companies might use if OAMA were to pass.

Last fall, Epic Games agreed to a more than $500 million settlement after the Federal Trade Commission (FTC) found the game developer illegally collected data from minors. Just recently, Epic was fined by European regulators for using tactics to pressure children to make in-app purchases on its popular game, Fortnite.

While Epic Games and others have faced public backlash and legal action punishing their behavior, OAMA would make it easier for shady companies to engage in privacy-abusive practices and policies. For example, experts have warned that the bill would allow TikTok to sidestep the federal law signed earlier this year that threatens to ban the app unless its CCP-backed parent company ByteDance divests from the platform.

Concerningly, Florida Congresswoman Kat Cammack is one of the members of Congress who has reportedly expressed interest in reintroducing OAMA this year. Congresswoman Cammack has long been a supporter of strengthening privacy protections for Americans. However, her support for OAMA would be a departure from her leadership on the issue and has the potential to undermine her efforts by effectively giving bad actors a workaround to skirt privacy protections. 

The bottom line is that Congress shouldn’t consider legislation that puts consumers’ sensitive information and private data at risk. It’s important that Rep. Cammack and leaders in Washington, D.C. know that it’s not the time to put Americans’ privacy in the hands of bad actors.

Julio Fuentes serves as President and CEO of the Florida State Hispanic Chamber of Commerce.

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