Complex Regulation is Bad Regulation: We Need Simple Enduser Rights

Readers of this blog and/or my book know that I am pro regulation as a way of getting the best out of technological progress. One topic I have covered repeatedly over the years is the need to get past the app store lock-in. The European Digital Markets Act was supposed to accomplish this but Apple gave a middle finger by figuring out a way to comply with the letter of the law while going against its spirit.

We have gone down a path for many years now where regulation has become ever more complex. One argument would be that this is simply a reflection of the complexity of the world we live in. “A complex world requires complex laws” sounds reasonable. And yet it is fundamentally mistaken.

When faced with increasing complexity we need regulation that firmly ensconces basic principles. And we need to build a system of law that can effectively apply these principles. Otherwise all we are doing is making a complex world more complex. Complexity has of course been in the interest of large corporations which employ armies of lawyers to exploit it (and often help create and maintain complexity through lobbying). Tax codes around the world are a great example of this process.

So what are the principles I believe need to become law in order for us to have more “informational freedom”?

1. A right to API access
2. A right to install software
3. A right to third party support and repair

In return manufacturers of hardware and providers of software can void warranty and refuse support when these rights are exercised. In other words: endusers proceed at their own risk.

Why not give corporations the freedom to offer products any which way they want to? After all nobody is forced to buy an iPhone and they could buy an Android instead. This is a perfectly fine argument for highly competitive markets. For example, it would not make sense to require restaurants to sell you just the ingredients instead of the finished meal (you can go and buy ingredients from a store separately any time and cook yourself). But Apple has massive market power as can easily be seen by its extraordinary profitability.

So yes regulation is needed. Simple clear rights for endusers, who can delegate these rights to third parties they trust. We deserve more freedom over our devices and over the software we interact with. Too much control in the hands of a few large corporations is bad for innovation and ultimately bad for democracy.