A Gatekeeper Approach To Mobile App Regulation Is Developing In The United States

The Federal Trade Commission (FTC) released a Staff Report on February 1, 2013, entitled " Mobile Privacy Disclosures: Building Trust Through Transparency." The FTC Staff Report follows on the heels of earlier recommendations by the California Attorney General (AG), released in January, in a report entitled " Privacy on the Go: Recommendations for the Mobile Ecosystem."

The FTC Staff Report is particularly notable for articulating a gatekeeper function for platform providers in the mobile app ecosystem. The Staff Report and the California AG Recommendations recognize that there are distinct players in the mobile app market – platforms that provide the operating system and marketplaces; developers of the apps; and advertising networks. Each of the FTC Staff Report and the California AG Recommendations target these different players with recommendations.