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REFERENCE TITLE: digital application distribution platforms; prohibitions |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1642 |
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Introduced by Senator Boyer: Representative Biasiucci
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AN ACT
amending Title 18, Arizona Revised Statutes, by adding chapter 7; relating to information technology.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
DIGITAL APPLICATION DISTRIBUTION PLATFORMS
ARTICLE 1. GENERAL PROVISIONS
18-701. Digital application distribution platforms; prohibitions; exception; civil action; definitions
A. A proprietor of a digital application distribution platform for which cumulative gross receipts from sales on the digital application distribution platform to residents of this state exceed $10,000,000 in the previous or current calendar year may not Require developers to use either:
1. A digital application distribution platform or digital transaction platform as the exclusive mode of distributing a digital product.
2. An in-application payment system as the exclusive mode of accepting payments from users to download a software application or purchase a digital or physical product through a software application.
B. Any existing agreement that violates this section is unenforceable and is deemed a violation of this section.
C. This section does not apply to proprietors of special-purpose digital application distribution platforms.
D. The attorney general shall receive complaints and investigate violations of this section and may bring an action in any court of competent jurisdiction to obtain the legal or equitable relief on behalf of an individual who is aggrieved by the violation.
E. For the purposes of this section:
1. "Developer" means a creator of software applications that are made available for download by users through a digital application distribution platform or other digital distribution platform.
2. "Digital application distribution platform" means a digital distribution platform for applications and services that are provided to users on general-purpose hardware, including mobile phones, smartphones, tablets, personal computers and other GENERAL-PURPOSE devices that are connected to the internet.
3. "In-application payment system" means an application, service or user interface that is used to process payments from users to developers for software applications and digital and physical products distributed through software applications.
4. "Special-purpose digital application distribution platform" means a digital distribution platform for single or specialized categories of applications, software and services that are provided to users on special-purpose hardware, including gaming consoles, music players and other special-purpose devices that are connected to the internet.