Illinois Floats Bill That Would Let Developers Skirt Apple's In-App Purchase Rules

Illinois is the latest state to attempt to pass legislation that would prevent developers from being required to use Apple's in-app purchase options by allowing for alternate payment solutions within apps.

iOS App Store General Feature JoeBlue
As outlined by Illinois news site WGEM, under the Freedom to Describe Directly Act, distribution platforms like the App Store and Google Play would not be able to force Illinois developers to use a "particular in-application payment system" as the exclusive mode for accepting payments, nor would they be able to retaliate against developers who opt to use an alternate payment option.

Illinois-based Basecamp CEO David Heinemeier-Hansson, who in 2020 was involved in a public dispute with Apple over email app "Hey," is one of the supporters of the new bill. When launched, the Hey app did not work without a subscription, but did not include an option to purchase a subscription in the app and instead opened straight to a login screen.

Apple did not believe that an app opening to a login was an ideal user experience and threatened to remove Hey from the ‌App Store‌ if a subscription option wasn't added. Hey ultimately got around the restriction by offering a free option that users could test when first installing the app.

Heinemeier-Hansson has since been championing various state bills that attempt to provide developers with non-App Store payment options, but none of these bills have succeeded. North Dakota, Arizona, and Minnesota have all attempted to get around in-app purchase rules by passing bills, but Apple and Google lobbied hard against them.

Apple's chief compliance officer Kyle Andeer said that Arizona's bill was a "government mandate that Apple give away the ‌App Store‌," and Apple's Chief Privacy Engineer Erik Neuenschwander said that the North Dakota's bill threatened to "destroy the iPhone as you know it."

The Arizona bill actually passed in the Arizona House of Representatives and the Arizona House Committee, but the Arizona Senate pulled the bill before it could be voted on. Arizona State Representative Regina Cobb said at the time that Apple and Google "hired almost every lobbyist in town" to kill the bill.

Illinois might not have much luck with its bill given Apple's efforts to fight against such legislation, but Apple has recently been required to allow alternate in-app payment systems in South Korea and the Netherlands. Apple is also facing federal legislation that would allow for alternate app stores and alternate payment methods, which the U.S. Senate Judiciary Committee is set to hear soon.

In both the Netherlands and South Korea, Apple is still collecting a commission on transactions, and Apple CEO Tim Cook has made it clear that any alternate payment options in the U.S. would also see Apple implementing an alternate way of collecting fees.

"We would still have to come up with an alternate way of collecting our commission," Cook said during the Epic v. Apple trial. Cook explained that Apple would need to find a way to track sales, invoice them, and chase developers for money. "It seems like a process that doesn't need to exist," he said.

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Top Rated Comments

Nicole1980 Avatar
36 months ago

I want to be able to buy Kindle books directly in the iOS app, that's all.
And yet you can't, because Apple thinks that's 'unsafe' for you. Classic.
Score: 17 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
36 months ago
If they are going to pass this legislation why not do it to other big companies such as Walmart, Target, Amazon, Microsoft? Why Apple?

Is this even legal?
Score: 14 Votes (Like | Disagree)
nvmls Avatar
36 months ago

All this crap is just being pushed by Google to destroy whatever extra security Apple has in their phones. Eventually it’s going to be where you just install whatever apps from whatever place you want to download them. Then people are going to be crying when their data and identity has been stolen ?‍♂️?
Yea, I thought so too, when I saw Apple's store most downloaded apps were Whatsapp, Instagram & Facebook ?
Score: 12 Votes (Like | Disagree)
lazyrighteye Avatar
36 months ago
I am all of the percents pro choice, and right now, we have that. I have seen the alternative, and it's GD nightmare I want nothing to do with. On any level. You want to open your digital life, your personal data, your financial records, photos, locations, etc. to just anyone? Have soulless marketers cherry pick that data to shape the products they force down your throat, shape the articles you read, the ideas you foster, the shape of your echo chamber? Cool. I don't. There is a reason - actually a lot of them - why I elect to give my hard earned monies to a specific ecosystem and not another. What is wrong with that? Nothing.

It's weird... I have never once ever considered getting an account at widowsrumors.com and posting about how Windows needs to me more like Apple. Why? Because I don't think they do. I don't give a flip what Widows users want, do. Happy to let them enjoy their decisions. Good for them. Just allow me the same in return. It's not complicated, folks. Stuff you hopefully learn in kindergarten. Chose and enjoy what you like. And don't take it personal when someone chooses and likes something different. There's a million ways to slice this...
Score: 12 Votes (Like | Disagree)
russell_314 Avatar
36 months ago
All this crap is just being pushed by Google to destroy whatever extra security Apple has in their phones. Eventually it’s going to be where you just install whatever apps from whatever place you want to download them. Then people are going to be crying when their data and identity has been stolen ?‍♂️?
Score: 11 Votes (Like | Disagree)
KaliYoni Avatar
36 months ago
I think bans that move cities, states, or countries closer to command economies, where elected officials and government bureaucracies dictate every aspect of how private companies and consumers do business, are terrible policy.

In the specific cases of the iOS App Store and, to a lesser extent, Google Play, restricting Apple and Google from setting the participation terms of the marketplaces they built, established a customer base for, and maintain on an ongoing basis does not do anything to protect users or longer-term, developers. Some other payment venue will become the dominant player, raising costs for everybody.

If politicians were serious about helping users and providing choice to developers, legislation requring online marketplaces to accept cash for all transactions might be better. But the best governmental action in this case is really to take no action at all.
Score: 10 Votes (Like | Disagree)