Breaking up and regulating tech companies will harm consumers, not serve them.
The recent uptick in downloads of privacy-focused messaging apps such as Signal and Telegram is a great testament to the power of consumer choice in the digital sphere. It should deal a heavy blow to the attempts of breaking up or regulating WhatsApp’s parent company Facebook as the market is quite evidently not dominated by one monopoly. Moreover, intrusion into private companies will ultimately result in stifling consumer choice, and thus, should be abstained from.
Today’s consumers and developers have far greater power than ever before. No company is spared from the continuous battle over users as switching to a competitor in the tech world takes a few clicks and an app store. A great number of tools and services are at constant disposal for anyone, who is looking for a better solution to his individual problem.
Given these market dynamics, app creators are incentivised to create solutions for every niche problem to satisfy their target user group, compete in a global market, and scale their solution worldwide. Some apps may access your data to provide a better service by analysing usage patterns. Others may protect your privacy but compromise on another feature. The ability to choose between these options (or to use both for different use cases!) constitutes a consumer choice paradise rather than a monopoly worth regulating.
Furthermore, interfering in markets by breaking up companies or regulating them seldom comes at no cost. Any infringement harms innovation and reduces investment.
Facebook, for instance, purchased Instagram and WhatsApp for $1 billion and $19 billion, respectively. Although both had an existing user base, neither was generating large sums of revenue before being taken over. There is simply no telling if without investments in innovation from their new parent company, those services would have generated any long term profits and delivered the services to their users that they love today.
Retroactively, turning back the clock would set a dangerous precedent for any company that wants to invest in creating superior experiences for their user-base and show that no investment is safe from regulators. The price for innovating to enrich all of our lives would be an uncertain return on investment. The ultimate victim of over-regulating a naturally liberal market: consumers.
Fears of harming innovation as a consequence of overzealous regulators are not purely theoretical. The effort to split Microsoft’s software and operating system from another in the early 2000s did little to liberate markets. Rather, it inhibited the company that developed the most popular operating system from innovating by dragging them into the courtroom for pre-installing the Internet Explorer on Windows machines.
In the end, no regulators were necessary to decide on behalf of consumers. As more browsers naturally emerged, consumers replaced Internet Explorer as the most popular browser regardless of it being delivered out of the box. However, there is no telling how much damage has been done to Microsoft and users alike by the regulatory efforts to destroy a company simply because of its success.
Today’s efforts even go beyond break up fantasies. Another favoured approach by lawmakers across the globe is imposing interoperability, ordering messaging services to communicate with each other to lower barriers of entry. On first sight, the idea makes sense: let users choose their preferred service and allow them to communicate with anyone regardless of their preferred option. Unfortunately however, interoperability will also only harm consumers.
Interoperability necessitates common standards. Emails for example are interoperable as you can communicate with anyone regardless of their provider. The standard may have been the gold standard a few decades ago. But by today’s standards emails are not secure, they are not user friendly, and there have been no significant improvements to the protocols for decades. Similarly, text messages are interoperable, which is hardly a plus as they are simply inferior to messaging apps.
Absent any regulation, developers can tailor these apps to their users, introduce new features, and innovate to win users. This liberty to innovate is why freely available apps provide the safest way to communicate that has ever existed by superior encryption standards. It also allowed millions of users to switch to an alternative app last week, seeking conditions that are not standardised by law and more applicable to them.
Any governmental effort to define these encryption standards, as would be necessary to allow for interoperability, would also make it easier to break these privacy seals that consumers desperately desire. Lawmakers need to understand that their actions are not providing value to consumers. Neither breaking up so-called monopolies nor imposing arbitrary regulations is in the interest of their people. Consumers are more than capable of making their own choices. Millions of them have done so in the past week as they did not agree with a new policy imposed on them by WhatsApp.
Kya Shoar is a Digital and Tech Fellow at the Consumer Choice Center.
