Big Tech killed California's anti-self-preferencing bill in a month

Skye Jacobs

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Sounding off: California's latest effort to rein in how major technology platforms rank and promote their own services died in the Senate after just a month, highlighting how quickly political support can shift when Big Tech's business models are at stake. The proposal, known as the BASED Act, targeted a practice central to today's platform economy: self-preferencing. At issue was whether companies such as Apple and Google should be allowed to prioritize their own products within tightly controlled ecosystems like app stores and search interfaces.

The bill, introduced by State Senator Scott Wiener, aimed to curb that conduct and drew on ideas similar to those driving Europe's recent digital competition rules.

Instead, the measure died in a key privacy committee after an intense, coordinated push by major technology firms and allied trade groups. "They absolutely flooded the Capitol with lobbyists to trash the bill and at times to spread misinformation," Wiener told Bloomberg. "It was a tidal wave lobbying effort, and we were at a real disadvantage."

The response began almost immediately. Within minutes of Wiener introducing the bill on March 18, the Chamber of Progress – a trade group backed by companies including Google, Amazon, and Apple – issued a public statement opposing it. From there, the campaign expanded across multiple fronts, combining direct lobbying, advertising, and grassroots-style pressure.

Opponents framed the legislation as a direct threat to product performance and user experience. Messaging circulated to lawmakers and the public warned that the bill could make search results "less useful," deliveries "slower," and phones "less secure." Their argument blended politics with engineering, claiming that forcing separation between different layers of a platform could reduce service integration, degrade performance, and disrupt systems built as tightly integrated stacks.

Supporters of the bill, including Y Combinator and a coalition of smaller technology firms, pushed back, arguing that those claims overstated the technical risks and obscured underlying competitive concerns. They said self-preferencing allows dominant platforms to bury competitors in search rankings and app stores and steer users toward their own services by controlling placement and access to key features.

The conflict mirrors ongoing battles in Europe, where regulators have imposed strict limits on similar practices through frameworks such as the Digital Markets Act. Those rules have already resulted in more than $7 billion in fines against large technology companies over the past two years, and industry groups estimate that compliance could cost tens of billions annually.

"The companies are very concerned that these regulations do not come to the United States," said Joseph Coniglio, an antitrust researcher with the Information Technology and Innovation Foundation. "It risks fundamentally changing the way that they do business in the digital economy."

That risk helps explain the unusually unified front among major tech firms. Five separate trade organizations opposed the BASED Act, despite recent fragmentation within the sector on other policy issues. Companies also intervened directly, an uncommon move for a state-level bill at such an early stage.

Google's president of global affairs, Kent Walker, called the proposal "even worse" than comparable European regulations. Apple echoed that concern. In a letter to lawmakers, the company's senior director of government affairs, Tim Powderly, warned it could "have the effect of forcing companies to spend significant time and resources complying with regulations instead of building new products."

Airline industry representatives were enlisted to argue that changes to Google's search mechanics could reduce traffic to travel websites. A small business owner who testified against the bill, Jerick Sobie, said he was encouraged to participate by the Connected Commerce Council, a group funded by Amazon and Google. The organization reimbursed his expenses, which Sobie described as a "necessary evil," given the limited resources available to small businesses.

Lawmakers ultimately rejected the bill, balancing regulatory concerns with the economic weight of the technology sector in California. State Senator Christopher Cabaldon, who leads the privacy committee that blocked the measure, pointed to the industry's central role in the state economy. "A lot of people work there, a lot of tax revenue, communities that are founded on it," he said. "So our charge is to protect privacy and consumers and also to account for – like Hollywood or the wine industry in my district – technology as a fundamental California industry."

Following the vote, industry groups signaled that the fight is not over. In an internal message, a California Chamber of Commerce official called the outcome a "true team effort" and urged allies to "remain vigilant," noting that Wiener could attempt to revive the proposal.

Wiener has not ruled that out. Asked whether he would pursue another path for the legislation, he responded: "Stay tuned."

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Could Wiener be doing this out of altruism? Or does he want to make a name for himself for future political power... altruism... definitely altruism....
 
Everyone wants regulations for someone else, but not for themselves. I'm sure if there were laws passed requiring publishers to present articles to consumers in specific ways, TechSpot would be against it. For example, let's take what's required of app stores and apply it here:
- Advertisements must disable tracking unless you perform age verification of readers
- Purchases on the website also must implement age verification
- Authors must publish their address, phone number, and email unless they are a guest writer or not getting paid
- If an author wishes to be paid another way, TechSpot must allow them to add code to support a 3rd party payment service (ie. for tipping)
- All sponsored listings must have more differentiation from regular articles

It's not a perfect comparison, but it shows how intrusive regulations can become. One great example that applies specifically to news would be requiring all authors to disclose any market position for or against whatever company the article is about. For politics, listing any party affiliation and the party voted for in the most recent election would apply. These are examples that would help address conflicts of interest, but I would not be in favor of requiring them by law. I would just be far more open to reading articles knowing the author's background.
 
I would just be far more open to reading articles knowing the author's background.
Despite this article not being labeled as op-ed, the author certainly doesn't attempt to hide her biased opinion. The fact is: this was an *****ic bill from the start. What company doesn't prefer to promote its own products and services above that of its competitors? If the competitors don't like it, they can do a better job marketing themselves.
 
Money and lobbying in the States is disgusting. How do Americans think it's ok to throw money at politicians in order pass laws or turn a blind eye? Like so much in the country it's another massively broken system.
Hush, how dare you criticise the great and perfect capitalistic system of the USA? No other country does it better.

Do you want Communism to come back?

/s
 
Money and lobbying in the States is disgusting. How do Americans think it's ok to throw money at politicians in order pass laws or turn a blind eye? Like so much in the country it's another massively broken system.
First off, pretending this is just an American problem is absolutely hilarious.

Second, when that same lobbying system killed SOPA and PIPA, I don't remember you complaining about it.

US lobbying is taken to an insane degree, but it does serve a purpose. Every democratic system has some form of lobbying in place.
 
Money and lobbying in the States is disgusting. How do Americans think it's ok to throw money at politicians in order pass laws or turn a blind eye? Like so much in the country it's another massively broken system.
Why spread disinformation? No one "threw money" at any politicians. Businesses, consumer groups, and individuals all complained about the ramifications of this absurdly ill-conceived law -- and their voices were heard. That's how free societies work. And even had the bill been rammed through the state legislature regardless, it certainly would have been declared unconstitutional regardless, under the Constitution's Commerce Clause.

It appears your primary issue is the fact that businesses were among those making their voices heard, and you somehow feel that's wrong. But businesses are themselves composed of nothing but people ... and without businesses producing goods and services, paying taxes, and paying wages to employees who themselves pay taxes, California would have an economy of exactly zero. Try running the state budget on that.
 
Something coming from California and resembling something in EUrope - we have two huge red flags already, more than enough to oppose the thing without even reading it.

Indeed, while reading it, the reasons to oppose it increase after each paragraph.
This id1ocy essentially gives courts veto power over product design decisions, and makes each design decision potentially reversible and uncertain, at an enormous cost, after years of meaningless legal battles.
Imagine having to constantly justify your choices to people who can't understand the reasons for them, and being forced to reverse them and start anew after spending years and billions in development.

It's shocking that such things are even discussed. One m0r0n looking for cheap popularity could have created trillions of losses, just out of nothing.
 
Something coming from California and resembling something in EUrope - we have two huge red flags already, more than enough to oppose the thing without even reading it.

Indeed, while reading it, the reasons to oppose it increase after each paragraph.
This id1ocy essentially gives courts veto power over product design decisions, and makes each design decision potentially reversible and uncertain, at an enormous cost, after years of meaningless legal battles.
Imagine having to constantly justify your choices to people who can't understand the reasons for them, and being forced to reverse them and start anew after spending years and billions in development.

It's shocking that such things are even discussed. One m0r0n looking for cheap popularity could have created trillions of losses, just out of nothing.

Please there is no need for ableist language (spelling it that way doesent disguise it)

 
Something coming from California and resembling something in EUrope - we have two huge red flags already, more than enough to oppose the thing without even reading it.

Indeed, while reading it, the reasons to oppose it increase after each paragraph.
This id1ocy essentially gives courts veto power over product design decisions, and makes each design decision potentially reversible and uncertain, at an enormous cost, after years of meaningless legal battles.
Imagine having to constantly justify your choices to people who can't understand the reasons for them, and being forced to reverse them and start anew after spending years and billions in development.

It's shocking that such things are even discussed. One m0r0n looking for cheap popularity could have created trillions of losses, just out of nothing.
That's the thing. You guys have courts that allow every single meaningless and stupid legal case, as long as there's a lawyer and a war chest to fight it. And somehow that's something to be proud of..
 
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