Imagine if instead of speed limits, all reckless driving was enforced purely on the present sheriff’s ad hoc judgement, and that infractions came with a maximum penalty of 10% of perpetrators’ income. How fast would you drive?
To me, the fundamental question since the dawn of the DMA has been “is Apple solely acting out of some toxic mixture of greed and spite or is the DMA as it is currently being enforced by the European Commission really that hard to work with?” I believe the answer to this “a or b” this question is “yes”. Yes, Apple is acting out of greed and spite (see their hairbrained fee structures for alternative marketplaces as an example), but also yes, the DMA and enforcement thereof seems like a particularly difficult and capricious regulatory dynamic.
From my view here in the US, it really doesn’t seem like most iPhone customers in the EU have needed to care regardless of who is being spiteful or who is being unreasonable. Areas where Apple has already complied, maliciously or otherwise, really hasn’t meaningfully affected how most Europeans use their iPhones one way or another, and the features Apple is withholding have all been relatively niche so far. I say “so far” because Siri is finally about to get it’s first real major revision since it launched a decade and a half ago and way too early indications suggest that it might actually be good.
Rather than jump right into considering the implications of a semi-polarizing mandate with an unreleased version of an mildly polarizing major feature being upgraded to use the most polarizing tech, let’s first consider them with an existing well-liked minor feature already being withheld from the EU, iPhone Mirroring. My rough understanding is that for Apple to release iPhone Mirroring in the EU in a way that satisfies the DMA’s interoperability mandate, iOS and iPadOS would have to support screen sharing and notification forwarding on other platforms such as Windows, Linux, and Android. While I might be off on some of the details, I haven’t seen anyone argue that Apple could release iPhone Mirroring in the EU without offering third parties some version of these capabilities. Bringing this back to Siri AI for a moment, I think it’s reasonable to assume that if interoperability for iPhone Mirroring means Apple would have to give third parties a means to remotely access an iPhone’s screen and notifications, then interoperability for Siri AI means Apple would have to give third parties means to access an iPhone’s personal user data.
While I think everyone agrees on what the DMA demands from Apple at a high level, they disagree how practical it is for Apple to meet them. My sense is that those who have taken a cynical view of Apple think the company could just release a version of iPhone Mirroring that allows for interoperability and is simply refusing to do so out of spite. Apple’s stance is that the nature of the DMA and how it’s being enforced by the European Commission means there is no clear direction for how the company should support iPhone Mirroring in a way that, with certainty, would satisfy the interoperability mandate even if they wanted to. Would merely adding some screensharing protocol for other platforms to independently support iPhone Mirroring satisfy the mandate? Would Apple also have to make Windows, Linux and Android apps? Under what circumstances should a third party have access to a user’s notifications? Could those iPhone Mirroring apps still use even iCloud or would Apple have to implement support for an iPhone Mirroring that works independent of Apple’s service? Those arguing that Apple is acting purely out of spite seem to suggest there is some obvious solution for iPhone Mirroring that would satisfy the interoperability mandate, but they never go into what that obvious solution is because they don’t know. They don’t know because I would guess no one does, not even Apple and certainly not the European Commission.
As far as I can tell, the European Commission doesn’t see it as their responsibility to help gatekeepers design features ahead of time in a way that should be compliant with the DMA. What they want instead is to decide whether or not a given feature runs afoul of the DMA after its released in the EU and presumably after they’ve gotten feedback from third parties. That kind of sounds reasonable at a high level, but it’s bonkers in practice. What company, gatekeeper or not, is going to invest millions of dollars building features to satisfy a regulation without knowing if said features are going to actually satisfy said regulation? And that’s assuming best intentions, which I doubt is the case here. Even if every European Commission regulator is entirely on the up and up, many of the third parties they are seeking input from are provably not. With iPhone Mirroring, it’s easy to imagine Meta citing their smart glasses when asking the European Commission for access to iPhone users’ notifications, but with the intention of using that access mostly to target ads.
I suspect Apple is less concerned with the work involved with making features interoperable than the uncertainty that the results won’t ultimately satisfy the European Commission. I also believe this is specifically the situation Apple is alluding to with their statement about Siri AI being delayed in the EU.
(Emphasis added.)
Given the serious risks to users, Apple designed a solution called Trusted System Agent — an intermediary that would allow virtual assistants to safely access the same features and capabilities as Siri AI for devices in the EU. Apple also shared a plan to launch Siri AI in the EU while gradually rolling out this new solution over an 18-month period. The European Commission said no. In fact, *the European Commission did not agree to any of Apple’s proposals**.
Apple will continue working to bring these features to the European Union as safely as possible. However, given the clear dangers to EU users and the regulators’ failure to acknowledge these risks, there is currently no timeline for Siri AI’s availability in the EU on iOS and iPadOS.
Some might read this and think the EU only rejected Apple’s proposal to release Siri AI as-is while they roll out Trusted System Agent, and that these capabilities will merely be delayed by 18 months for EU customers, but that’s not what I think Apple is saying here. I think Apple means it when they wrote that “there is currently no timeline” for Siri AI in the EU, and that the reason there is no timeline is because the European Commission can’t or doesn’t want to preemptively approve Trusted System Agent or any other proposed interoperable solution before Siri AI is released in the EU1.
Because Apple was already on “digital marketplaces” road when the new sheriff was elected, they only had two options: go as slow as possible or find out just how fast they can still go by spitefully slowing down in the smallest increments possible until they stop getting cited for reckless driving. With new features such as iPhone Mirroring and Siri AI, Apple has a third option, which is to simply avoid those roads altogether.
- And it’s not just Apple. Google is also withholding its Personal Intelligence feature from EU, presumably for the same reasons. ↩



