initial draft by lucas
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activities/deviceneutrality/activity.en.xml
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activities/deviceneutrality/activity.en.xml
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<?xml version="1.0" encoding="UTF-8" ?>
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<activityset>
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<version>1</version>
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<activity id="devices" date="2021-11-01" status="active">
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<title>Device Neutrality</title>
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<description>
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Although digital devices are ubiquotous today, the number of devices on which users
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cannot run Free Software is exponentially increasing. The consequence is an increased
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loss of control over users’ technology. Device neutrality aims to
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enable end-users to bypass gatekeepers to have a non-discriminatory use of
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Free Software on their devices.
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</description>
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<link href="/activities/devices/devices.html" />
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<image url="/graphics/logos/dn-logo.png" />
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<order priority="5" highlight="yes" />
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<tags>
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<tag key="policy" />
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</tags>
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</activity>
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</activityset>
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activities/deviceneutrality/devices.en.xhtml
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activities/deviceneutrality/devices.en.xhtml
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<?xml version="1.0" encoding="UTF-8" ?>
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<html>
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<version>1</version>
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<head>
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<title>Device Neutrality</title>
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</head>
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<body class="article" microformats="h-entry">
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<h1 class="p-name">Device Neutrality</h1>
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<div class="e-content">
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<div id="introduction">
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<p>Although digital devices are ubiquotous today, the number of devices on which users
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cannot run Free Software is exponentially increasing. The consequence is an increased
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loss of control over users’ technology. Device neutrality aims to
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enable end-users to bypass gatekeepers to have a non-discriminatory use of
|
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Free Software on their devices.</p>
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</div>
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<figure class="max-width-100 no-border">
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<img
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||||
src="https://pics.fsfe.org/uploads/big/de9a14dc3122b5c304d8644d584abb6c.png"
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alt="Device neutrality: safeguarding free software in devices"/>
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</figure>
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<h2>General Purpose Computers and Free Software</h2>
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<p>Digital devices are a present reality in all aspects of life. We use them for work, communication,
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entertainment and internet access. Such devices are powerful machines, allowing us to have access to
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an huge ammount of features, and perform an infinite number of tasks. Our smartphones, tablets, laptops
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and other connected devices are <i>general purpose computers</i>. It means we can potentially run any software
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we want to make full use of the hardware. Software freedom depends how we can run software in devices.
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Safeguarding <a href="/freesoftware/freesoftware.html">Free Software four freedoms</a> over operating systems,
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drivers, app stores, browsers and any software is crucial not only for freedom of choice, but also for a healthy,
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competitive and democratic digital enviroment.</p>
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<figure class="max-width-100 no-border">
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<img
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src="https://pics.fsfe.org/uploads/medium/f249f62be8feafee1ce40b9128c91a11.jpg"
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alt="Several people working together in a table with different kinds of devices."/>
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<figcaption>
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We use and interact with devices everyday. Software freedom depends how we can control them. Photo credit:
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Helena Lopes, Unsplash License.
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</figcaption>
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</figure>
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<h2>Gatekeeper Control and Monopoly over Devices</h2>
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<p>Although the devices we use are general purpose computers, device manufacturers, vendors and internet platforms
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have been restricting software freedom due by exercizing their monopolistic control over our equipment. Operating
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systems, browsers and app-stores constitute a "<i>termination monopoly</i>" which grants such companies powers in the sense
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that they could be considered "gatekeepers" of gateways for end-user to access and control software running on their devices.</p>
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<p>Therefore, manufacturers, vendors and platforms controlling devices may perform a "<i>gatekeeper function</i>" in similar ways that
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a provider of an internet access connection controls a "gateway" to the internet. For instance, today's reality of digital markets
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demonstrate that end-users have very few alternatives concerning operating systems and app-stores for mobile devices. Browser
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market is also highly concentrated. Even worse is the control access and control over operating system of connected devices such as
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smartwatches and internet of things (IoT) equipment. In general terms, tech companies achieve their gatekeeper power by:</p>
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<ul>
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<li><strong>Restricting Software Freedom</strong>: Gatekeepers limit users to install different operating systems,
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browsers, apps stores, drivers, etc on their devices. They also impose on users pre-installed apps and control
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their uninstallation.</li>
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<li><strong>Locking devices down</strong>: Such companies hinder interoperability, exercise tie control over APIs
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and apply proprietary standards, hampering functionalities and blocking access to drivers and hardware. </li>
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<li><strong>Increasing switching costs</strong>: Gatekeepers mantain users in „walled gardens“, tie devices to online
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accounts, bundle app-stores and hamper data portability, making it harded for users to switch software,
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devices and services.</li>
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</ul>
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<figure class="max-width-100 no-border">
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<a href="https://pics.fsfe.org/uploads/big/6bf2afc0835df12555350fd4f765acfa.png">
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<img
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||||
src="https://pics.fsfe.org/uploads/big/6bf2afc0835df12555350fd4f765acfa.png"
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alt="Gatekeeper power over devices: restricting software freedom, locking devices down and increasing switching costs."/>
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</a>
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</figure>
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<h2>Device Neutrality and Free Sofware</h2>
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<p>The monopolistic power of gatekeepers threats software freedom, indiviual autonomy, consumer
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welfare and digital sovereingty. Device Neutrality represent ways to desintermediate the power of
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gatekeepers to reestablish competition on markets and end-user control over devices. Users should
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be able to bypass gatekeepers to restate the ability to run Free Software in their equipment.
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Device Neutrality's main goal is to resolve the termination monopoly over devices so users can
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enjoy software freedom and have access to alternative services and content with their devices.</p>
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<p>Since its genesis, the FSFE has been working to put control over technology in the hands of end-users.
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Along the years, we have gained experience with several dedicated activities focused on how users can keep
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their control over devices. For us, re-establishing user control over devices and fair competition on digital
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markets require the fostering and protection of the following princiles:</p>
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<figure class="max-width-100 no-border">
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<a href="https://pics.fsfe.org/uploads/big/5c451f840cf325cf4dfddf2fa243ec26.jpg">
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<img
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||||
src="https://pics.fsfe.org/uploads/big/5c451f840cf325cf4dfddf2fa243ec26.jpg"
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alt="Device Neutrality Principles: software freedom, no vendor lock-in and end-user control over data."/>
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</a>
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</figure>
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<ul>
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<li><strong>Software Freedom</strong>: blocking end-users' freedom to install, run and uninstall software on
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their devices is a central source of gatekeepers control. Altough gatekeepers may argue that installing third
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party software could be potentially harmful to users due to security, data integrity and privacy concerns, in
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fact commercial interests are the main drive to lock users in. Instead, regaining control over devices require
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safeguarding software freedom. Users should have the ability to install and uninstall any software,
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including operating systems and app stores. Besides, gatekeepers should provide to third party software
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the same access privileges as the pre-installed ones.</li>
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<li><strong>No lock-in</strong>: Keeping users in very restrictive enviroments is another key source of gatekeeper
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control. Users can only access and use different services if their devices can interact and communicate with other
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devices and services. Big tech exercises direct control over their customers by locking them into a
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very limited number of proprietary alternatives that operate within a "compatible" but not interoperable ecosystem.
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This results in less freedom for users and increasing of switching costs. Therefore, high degrees of interoperability,
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wide implementation of <a href="/freesoftware/standards/index.html">Open Standards</a> and easy access to APIs'
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specifications and functionalities invoked by third party apps are fundamental. Equally important,
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devices should not be bundled with app stores and online accounts. Gatekeepers should permit
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third-party app stores and code repositories in their devices. Gatekeepers should provide non-discriminatory
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acess to Free Software in their stores and not favor or give undue preference to their own products. </li>
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<li><strong>End-user control over data</strong>: Breaking monopolies over devices necessarily requires empowering users to
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control their own data on equipment. Smartphones, smartwatches and computers are very personal equipment which
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accumulate a large amount of personal and non personal data that users care about. Such data constitutes a switching cost
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that, taken together, can be decisive for users to exercise their freedom to changing devices. This is especially problematic
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for switching between operating systems. Besides, the importance of the correlation between data and software tends to grow, encompassing
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further developments with artificial intelligence and future technologies, which will create an additional layer of complexity
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for end-users controlling their data. That's why end-users should be able to easily transfer personal data from apps, operating systems
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and devices. Most importantly, gatekeepers should be bound to <a href="/freesoftware/standards/index.html">Open Standards</a> and
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common interfaces for data transfer.</li>
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</ul>
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<h2>Digital Markets Act: enforcing Device Neutrality in the EU</h2>
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<p>Device Neutrality got attention from policy makers in Europe and in 2022 was included in the
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<a href="/activities/devices/devices.html">Digital Markets Act (DMA)</a>, the European Union's largest
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initiative to regulate gatekeepers in digital markets. Although the law contains the principles for
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making Device Neutrality a reality, its regulations concern only very large platforms. The DMA establishes
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obligations for gatekeepers - “do’s” and “don’ts” they must comply with, and prescripts fines and penalties
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for infringements. The DMA encompasses several rules concerning Device Neutrality, including
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safeguarding the right to unistall pre-installed software, several measures for preventing lock-in,
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as well as fostering interoperability and end-user control over personal data.</p>
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<h2>Making Device Neutrality a reality</h2>
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<p> Since its genesis, the FSFE has been working to put control over technology in the hands of
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users. Along the years, we have gained experience with several dedicated activities focused on
|
||||
how users can keep their control over devices. For instance, our
|
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<a href="/activities/routers/routers.html">Router Freedom</a> and
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<a href="/activities/radiodirective/radiodirective.html">EU Radio Lockdown</a> refer to
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the hardware layer of net neutrality principles. Such activites relate with what could be
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considered the first step for Device Neutrality from the perspective of
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telecommunications law. Besides, our activities focused on digital sustainability, as
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<a href="/activities/upcyclingandroid/">Upcycling Android</a> have a strong component
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for Device Neutrality, as the freedom to install and run software in general
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purposes computers, interoperability and Open Standards are important
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elements for a sustainable digital future. </p>
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<figure class="max-width-100 no-border">
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||||
<a href="https://pics.fsfe.org/uploads/medium/991c7845beed330024615173a7c4175d.jpg">
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||||
<img
|
||||
src="https://pics.fsfe.org/uploads/medium/991c7845beed330024615173a7c4175d.jpg"
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alt="Three happy persons work together with computers and smartphones."/>
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||||
</a>
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<figcaption>
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People should be in control of technology. Help us to make Device Neutrality a reality!
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</figcaption>
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||||
</figure>
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<p>Nevertheless, although the Device Neutrality principles may sound common knowledge
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for the Free Software community, it is far from being current commercial practices by gatekeepers.
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Monitoring the enforcement and compliance of the DMA, the conduction of device-related activities and
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promoting software freedom requires a lot of ressources. <a href="https://my.fsfe.org/donate">Please consider
|
||||
becoming a FSFE donor</a>; you help make possible our long-term engagement and professional commitment in
|
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defending people's rights to control technology.</p>
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||||
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||||
</div><!--/e-content-->
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<related-feed tag="deviceneutrality"/>
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</body>
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<sidebar promo="our-work">
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<h2>Enforcing Device Neutrality</h2>
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<ul>
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<li><a href="/activities/devices/dma.html">Device Neutrality and the DMA</a></li>
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</ul>
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<h2>Free Software and Devices</h2>
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<ul>
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<li><a href="/activities/routers/routers.html">Router Freedom</a></li>
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<li><a href="/activities/upcyclingandroid/">Upcycling Android</a></li>
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<li><a href="/activities/radiodirective/radiodirective.html">EU Radio Lockdown</a></li>
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||||
</ul>
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</sidebar>
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||||
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</html>
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<!--
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||||
Local Variables: ***
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mode: xml ***
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||||
End: ***
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||||
-->
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activities/deviceneutrality/dma.en.xhtml
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activities/deviceneutrality/dma.en.xhtml
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<?xml version="1.0" encoding="UTF-8" ?>
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<html>
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<version>1</version>
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|
||||
<head>
|
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<title>Device Neutrality and the DMA</title>
|
||||
</head>
|
||||
<body class="article" microformats="h-entry">
|
||||
|
||||
<h1 class="p-name">Device Neutrality and the DMA</h1>
|
||||
|
||||
<div class="e-content">
|
||||
|
||||
<div id="introduction">
|
||||
|
||||
<p>Device Neutrality is the policy concept to regulate monopoly over devices and
|
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re-establish end-user control over their digital equipment. The Digital Markets Act (DMA)
|
||||
regulates the economic activity of large digital platforms and introduces Device Neutrality
|
||||
in the EU legislation.</p>
|
||||
|
||||
</div>
|
||||
|
||||
|
||||
<figure class="max-width-100 no-border">
|
||||
<img
|
||||
src="https://pics.fsfe.org/uploads/big/de9a14dc3122b5c304d8644d584abb6c.png"
|
||||
alt="Device neutrality: safeguarding free software in devices"/>
|
||||
</figure>
|
||||
|
||||
|
||||
<h2>Digital Markets Act: an Overview</h2>
|
||||
|
||||
<p>The <a href="https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/digital-markets-act-ensuring-fair-and-open-digital-markets_en">Digital Markets Act (DMA)</a> is a EU law approved in 2022 to regulate the economic activity of large digital
|
||||
platforms that act as "gatekeepers" in an attempt to create a fairer and more competitive
|
||||
market for online platforms in the EU. The DMA is an important advancement for setting
|
||||
several anti-monopoly obligations that impact software freedom, interoperability and control
|
||||
over personal data. The three principal elements of the DMA refers to the designation of
|
||||
gatekeepers, the list of do's and dont's and the enforcement mechanisms.</p>
|
||||
|
||||
|
||||
<figure class="max-width-100 no-border">
|
||||
<a href="https://pics.fsfe.org/uploads/big/3b13a012bddb1d0e1511b69aa58d7ceb.png">
|
||||
<img
|
||||
src="https://pics.fsfe.org/uploads/big/3b13a012bddb1d0e1511b69aa58d7ceb.png"
|
||||
alt="DMA and Device Neutrality: gatekeeper designtation, device neutrality obligations, enforcing obligations and monitoring compliance."/>
|
||||
</a>
|
||||
</figure>
|
||||
|
||||
|
||||
<h3>Who are the gatekeepers</h3>
|
||||
|
||||
<p>The scope of the DMA does not cover all digital services in the markets, but only to those qualifying as 'core platform services' (CPSs)
|
||||
listed in Art. 2(2). These include online intermediation services, search engines, social networks, video sharing platforms,
|
||||
messaging apps, operating systems, web browsers, virtual assistants, cloud computing services and online advertising.</p>
|
||||
|
||||
<p>The DMA constitutes asymmetric regulation. Its obligations do not apply to all tech companies,
|
||||
but only to those providers which have been designated as "<i>gatekeepers</i>". Such designation is done by the European
|
||||
Commission based on a cumulative "three criteria test" listed in Art.3(1): Gatekeepers are those companies
|
||||
with "significant impact on the EU internal market", which "control an important important gateway for business
|
||||
users to reach end-users", and enjoy an "entrenched and durable position in the market".</p>
|
||||
|
||||
<p>The DMA presumes the three-criteria test is met when a provider of CPS is above some thresholds for a certain
|
||||
period (in general 3 years), which are lay down in Art. 3(2). The company should present an annual EU turnover
|
||||
≥ EUR 7.5 billion, or an average market capitalisation or equivalent fair market value ≥ EUR 75
|
||||
billion and the CPS sould be provided in at least 3 Member States. For the provided CPS, a reach of more than 45 million
|
||||
monthly active end-users in the EU and ≥ 10.000 in the last financial year. The Commission can designate gatekeepers
|
||||
not necessarily that meet these requirements, but fall under the criteria of Art. 3(1).</p>
|
||||
|
||||
|
||||
<h3>Device Neutrality rules in the DMA</h3>
|
||||
|
||||
<p>The two principal DMA objectives are promoting "contestability" and "fairness" in digital markets. These are specific
|
||||
legal terms. Since DMA concerns economic rights, it is a consumer protection legislation on a strict sense, but it contains
|
||||
rules that affect directly and indirectly end-users. For the DMA, "<i>fairness</i>" means the imbalance of power between
|
||||
gatekeepers and business users which confers a disproportionate advantage for the gatekeeper. On its turn, "<i>contestability</i>"
|
||||
aims to limit the monopolistic power of gatekeepers by allowing their disintermediation for better competition in the markets.
|
||||
For Device Neutrality both objectives mean that end-users have the right of access to alternative routes to market, and third
|
||||
party services and products (e.g. Free Software) should enjoy equitable treatment relative to the gatekeeper's services.
|
||||
In other words, gatekeepers should not restrict business and end-users from accessing rival routes to market for acessing
|
||||
content, software and other digital services. </p>
|
||||
|
||||
<figure class="max-width-100 no-border">
|
||||
<a href="https://pics.fsfe.org/uploads/big/41853f80b7b2b1eea6491c84ef2f574a.png">
|
||||
<img
|
||||
src="https://pics.fsfe.org/uploads/big/41853f80b7b2b1eea6491c84ef2f574a.png"
|
||||
alt="Device Neutrality Principles: software freedom, no vendor lock-in and end-user control over data."/>
|
||||
</a>
|
||||
</figure>
|
||||
|
||||
<p>For each of the gatekeeper’s core platform services designated by the Commission, a set of ‘hard’ and ‘soft’ obligations
|
||||
are imposed in Arts. 5-7, coupled with corrective mechanisms (Arts. 8-13). Provisions related to Device Neutrality are:</p>
|
||||
|
||||
<ul>
|
||||
|
||||
<li><strong>Art. 5(3)</strong>: Gatekeepers cannot prohibit business users (e.g. app developers) to set different prices and
|
||||
conditions for their apps in alternative stores (e.g. F-Droid).</li>
|
||||
|
||||
<li><strong>Art. 5(4)</strong>: Gatekeepers cannot prohibit business users (e.g. app developers) to conclude contracts with
|
||||
consumers outside of the gatekeeper' app store, so that they are not required to use the app store's payment system.</li>
|
||||
|
||||
<li><strong>Art. 5(5)</strong>: Gatekeepers should allow end-users to access and use through a business user’s app (e.g. a third-party
|
||||
pp) any content,
|
||||
subscriptions, features or other functionalities, even when these have been acquired outside of the gatekeeper’s CPSs (e.g.
|
||||
using a subscription acquired outside the gatekeeper's app).</li>
|
||||
|
||||
<li><strong>Art. 5(7)</strong>: Gatekeepers cannot require business users to subscribe to any other core platform service. For
|
||||
instance, gatekeepers cannot make access to their app stores conditional upon app developers integrating a <i>"Sign in with ...."</i>
|
||||
function into their apps. </li>
|
||||
|
||||
<li><strong>Art. 5(8)</strong>: Gatekeepers cannot make business and end-users register or sign-in for a service or app conditional
|
||||
to other gatekeeper's service or app. </li>
|
||||
|
||||
<li><strong>Art. 6(3)</strong>: Gatekeepers are requested to allow and technically enable end users to un-install any
|
||||
pre-installed software in devices excluding those essential to the functioning of the operating system or device,
|
||||
and which cannot be offered by third parties on a standalone basis. Besides, gatekeepers must also allow and technically
|
||||
enable end-users to change those default settings on operating system as long as they do not endager the integrity of
|
||||
its operating system or hardware.</li>
|
||||
|
||||
<li><strong>Art. 6(4)</strong>: Gatekeepers are requested allow and technically enable the installation and use of third-party apps or
|
||||
app stores on its operating system. They must allow these apps and app stores to be accessed via side-loading. Gatekeepers
|
||||
cannot prevent these third-party apps and app stores from prompting users to decide whether the downloaded app (store) should
|
||||
be the default. However, gatekeepers can take strictly necessary and proportionate measures to ensure that a third-party app
|
||||
(store) does not endager the integrity of its operating system or hardware or to enable end-users to effectively enable security.</li>
|
||||
|
||||
<li><strong>Art. 6(5)</strong>: Gatekeepers cannot prefer their own products and services more favorably in ranking and search results,
|
||||
or in their own app stores.</li>
|
||||
|
||||
<li><strong>Art. 6(6)</strong>: Gatekeepers cannot restrict the ability of end-users to switch between and subscribe to different apps and services
|
||||
that are accessed via the operating system or app store.</li>
|
||||
|
||||
<li><strong>Art. 6(7)</strong>: Gatekeepers should allow business users (service providers and hardware providers) free and effective interoperability
|
||||
with the same hardware and software features accessed or controlled via the operating system. However, gatekeepers can take strictly necessary and proportionate
|
||||
measures to ensure interoperability does not undermine the integrity of their operating system and hardware.</li>
|
||||
|
||||
<li><strong>Art. 6(9)</strong>: Gatekeepers should provide end-users (and third parties authorized by end-users) with effective "real time data portability"
|
||||
(data interoperability) of data provided or generated by these end-users.</li>
|
||||
|
||||
<li><strong>Art. 6(12)</strong>: Gatekeepers should provide business users (third party software developers) fair, reasonable and non-discriminatory access
|
||||
conditions to their app stores, search engines and operating systems.</li>
|
||||
|
||||
<li><strong>Art. 7</strong>: Gatekeepers of messaging apps (number-independent interpersonal communication service in the language of the law)
|
||||
make basic functionalities of this service interoperable with other messaging apps from other providers by providing the necessary technical interfaces or
|
||||
similar solutions upon request and free of charge. This obligation has been further specified in the law:
|
||||
|
||||
<ol>
|
||||
<li>Immediatly after gatekeeper designation: End-to-end text messaging and the sharing of images, voice messages, videos and other attached files
|
||||
between two individual end users should be implemented immediatly after the EC designtating the gatekeeper.</li>
|
||||
|
||||
<li>Within 2 years of designation: End-to-end text messaging within groups of individual end users and the sharing of images, voice
|
||||
messages, videos and other attached files between a group chat and an individual end-user.</li>
|
||||
|
||||
<li>Within 4 years of designation: End-to-end voice and video calls between two individual end users and between a group chat and an
|
||||
individual end user.</li>
|
||||
|
||||
</ol>
|
||||
</li>
|
||||
|
||||
</ul>
|
||||
|
||||
|
||||
<h3>Enforcement mechanisms</h3>
|
||||
|
||||
<p>The DMA represents a new attitude towards platform regulation. It is a hybrid form of competition and telecommunications law,
|
||||
whereby a designated authority identifies subjects who will fall under the scope of the regulation. However, unlike telecom law,
|
||||
which charges national regulatory authorities, enforcement is centralized on the European Commission. Besides, differently from competition
|
||||
law, the Commission imposes remedies on them in advance and not after long and lenghty antitrust procedures.
|
||||
For that, the Commission was granted significant legal powers for enforcing the obligations.</p>
|
||||
|
||||
<p>Companies falling under the quantitative thresholds of gatekeeper desingation criteria (Art. 3(2) should automatically notify
|
||||
the Commission, which which will identify the services and products that will be regulated. The Commission can also conduct an investigation
|
||||
and designate further companies as gatekeepers that meet the qualitative criteria of Art. 3(1).</p>
|
||||
|
||||
<p>Gatekeepers should provide audit reports to the Commission on the measures implemented within 6 months after their designation (Art. 11(1).
|
||||
The DMA contains anti-circumvention provisions in Art. 13(4) forbidding gatekeepers to engage in behaviour that undermines the effective
|
||||
implementation of the obligations.</p>
|
||||
|
||||
<p>The DMA provides the EC with a market investigation tool (Art. 16) to examine whether a company should be designated as a gatekeeper,
|
||||
to investigate non-compliance by gatekeepers and to update the list of services and the obligations. In case of non-compliance,
|
||||
the gatekeepers the possibility to offer commitments to end further proceedings. The Commission can impose fines up to 10% of the yearly
|
||||
turnover and, in case of systematic non-compliance, refusal to give information, etc. periodic penalty payments up to 5% of the average daily
|
||||
worldwide turnover (Arts. 30-31).</p>
|
||||
|
||||
<p>An important element for private enforcement is located in Art. 27 which grants any third party (including business, end-users and competitors)
|
||||
the ability to inform the regulatory national authority about any gatekeeper practice or behaviour that falls within the DMA’s scope.</p>
|
||||
|
||||
|
||||
<h2>DMA and concerns for Free Software</h2>
|
||||
|
||||
<p>The monopolistic power of large tech corporations causes distortions on digital markets affecting negatively end-users' rights and
|
||||
control over devices. User freedoms relating to Free Software depends on an political and economical enviroment in which they can
|
||||
exercise their free choice when using their devices without being stuck on closed enviroments under control of gatekeepers.
|
||||
Digital markets will benefit with DMA regulating the commercial practices of large platforms, forcing them to facilitate access to
|
||||
Free Software in devices. Device Neutrality translates in the DMA as stricter consent rules for pre-installed apps, safeguards against
|
||||
vendor lock-in, and data portability. The right for end-users to use their own device and operating system is an important factor
|
||||
to guarantee access of Free Software operating systems to dominant platforms. As a daily reality for many users this option
|
||||
enlarges the audience for Free Software adoption. However, the future holds challenges for the practical implementation of
|
||||
the DMA rules and ultimately Device Neutrality.</p>
|
||||
|
||||
|
||||
<figure class="max-width-100 no-border">
|
||||
<a href="https://pics.fsfe.org/uploads/medium/7bd8e2f6b3f88a3b2d049f92f471c91c.jpg">
|
||||
<img
|
||||
src="https://pics.fsfe.org/uploads/medium/7bd8e2f6b3f88a3b2d049f92f471c91c.jpg"
|
||||
alt="A man looks into a smartphone."/>
|
||||
</a>
|
||||
<figcaption>
|
||||
The DMA represents a significant step for breaking monopolies over devices. However practical implementation may present
|
||||
challenges for Free Sofware and Open Standards.
|
||||
</figcaption>
|
||||
</figure>
|
||||
|
||||
|
||||
|
||||
<h3>Open Standards are missing</h3>
|
||||
|
||||
<p> Still in the legislative process, the FSFE defended the inclusion of clear language mandating the adoption of Open Standards for the
|
||||
interoperability obligations, which was not contemplated in the final version of the law. Instead, the DMA mentions "<i>free and effective
|
||||
interoperability</i>" (art. 6(7) regarding hardware and software features that can be accessed/controlled via an operating system by
|
||||
third parties, as well as "<i>fair, reasonable and non-discriminatory access conditions</i>" to app stores, search engines and
|
||||
operating systems. The solution adopted may allow gatekeepers to implement proprietary standards and restrictive access to
|
||||
APIs that are incompatible with Free Software. This was a lost chance to leverage competition with accessible and non-discriminatory
|
||||
technical specifications. Open Standards remain an important element for innovation by allowing market actors to innovate on top of
|
||||
technical standards.</p>
|
||||
|
||||
<h3>Security concerns vs commercial interests</h3>
|
||||
|
||||
<p>Another source of concern relates to how the law allows gatekeepers to limit interoperability for the sake of integrity and security of
|
||||
the gatekeepers' services or devices (art. 6 (3) and (7). Our experience demonstrates that companies have been electing security concerns
|
||||
to limit users' rights and software freedom even at the ausence of empirical evidence of such risks for the integrity of the devices.
|
||||
Instead, commecial interests are the main drive to persue such restrictive practices. Such disposition in the DMA has the potential to
|
||||
hinder compliance or even, in a worse case, strengh or consolidate the gatekeepers' entranched position in the market.</p>
|
||||
|
||||
<h3>Complex digital and market enviroments</h3>
|
||||
|
||||
<p>The procedural enforcement efforts also raise questions regarding achieving real and effective Device Neutrality. The DMA encompasses
|
||||
the regulation of several complex layers of devices, as operating systems, browsers, apps stores, as well as interoperability and data
|
||||
portability. Similarly to telecommunications law, such measures would require further specification and further regulatory efforts
|
||||
oriented for practical implementation. As our experience has shown with Router Freedom in the EU, although the related telecom rules
|
||||
were much simpler to implement, even so it has been taking years to be properly applied by national regulators in the EU.
|
||||
Threfore, not only the lobbying power of such platforms, the allowances the law made towards "security and integrity", the absence of
|
||||
clear language mandating Open Stardards and also market pressure can relativize the enforcement priorities of the Commission and other
|
||||
policy making bodies.</p>
|
||||
|
||||
|
||||
<h2>Your help for Device Neutrality is needed</h2>
|
||||
|
||||
<p>The FSFE has a large experience in monitoring compliance with telecommunications and internet legislation, working together with
|
||||
the commission in antitrust cases, as well as with national regulatory bodies. We will continue to dedicate efforts in the process of
|
||||
enforcing the DMA and making Device Neutrality a reality in the EU. For that we count with your support for our work with a donation.
|
||||
Get active and help us empowering you to regain control over your devices!</p>
|
||||
|
||||
<figure class="max-width-100 no-border">
|
||||
<a href="https://pics.fsfe.org/uploads/big/a9669e241527f1769e2fe67418a77f0d.jpg">
|
||||
<img
|
||||
src="https://pics.fsfe.org/uploads/big/a9669e241527f1769e2fe67418a77f0d.jpg"
|
||||
alt="Screenshot from the Core Values video: software freedom."/>
|
||||
</a>
|
||||
<figcaption>
|
||||
Although the DMA represents an important step towards software freedom and devices, its practical implementation will be complex
|
||||
and will require substantial efforts for compliance enforcement and monitoring. We need your help to make Device Neutrality a reality!
|
||||
</figcaption>
|
||||
</figure>
|
||||
|
||||
|
||||
</div><!--/e-content-->
|
||||
|
||||
</body>
|
||||
|
||||
<sidebar promo="our-work">
|
||||
|
||||
<h2>Regaining control over devices</h2>
|
||||
<ul>
|
||||
<li><a href="https://wiki.fsfe.org/Activities/CompulsoryRouters/">Device Neutrality and Free Software</a></li>
|
||||
</ul>
|
||||
|
||||
<h2>Related activities</h2>
|
||||
<ul>
|
||||
<li><a href="/activities/routers/routers.html">Router Freedom</a></li>
|
||||
<li><a href="/activities/upcyclingandroid/">Upcycling Android</a></li>
|
||||
<li><a href="/activities/radiodirective/radiodirective.html">EU Radio Lockdown</a></li>
|
||||
</ul>
|
||||
|
||||
</sidebar>
|
||||
|
||||
</html>
|
||||
<!--
|
||||
Local Variables: ***
|
||||
mode: xml ***
|
||||
End: ***
|
||||
-->
|
Reference in New Issue
Block a user