How Big Tech Exploits Apps to Circumvent Privacy Laws & a Solution from Purism

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Rex M. Lee

Latest posts by Rex M. Lee (see all)

• How Big Tech Exploits Apps to Circumvent Privacy Laws & a Solution from Purism - May 22, 2025
• What Is PureOS? A Beginner’s Guide for iOS, Android, and Windows Users - May 7, 2025
• SXSW 2024 Day 5- AI And Privacy In The News, So I Thought? - March 13, 2024

Despite the promises of robust privacy laws like Europe’s GDPR and California’s CCPA/CPRA, Big Tech continues to push the envelope when it comes to data collection. This is especially the case with regard to mobile applications.

Big Tech takes advantage of a powerful loophole: apps operate as closed surveillance ecosystems where aggressive and wide-ranging Terms Of Service (ToS) and app permissions turn your smartphone into a legal data harvesting tool—one you’re forced to accept simply to use the product you already paid for.

Privacy Laws Apply—But Companies Circumvent the Spirit of the Law

Technically, laws like the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA/CPRA) apply to all personal data processing, regardless of whether a service is accessed via a URL or a mobile app.

But in practice, mobile apps routinely bypass these protections through:

• App permissions grant sweeping access to your microphone, camera, device ID, contacts, calendar, and even other apps.
• Contracts of adhesion embed consent into take-it-or-leave-it agreements: if you don’t agree, you lose access.
• Behavioral tracking and cross-device surveillance are enabled by hidden software development kits (SDKs) and third-party trackers.

Consent by Coercion: A Legal Fiction

While GDPR mandates “freely given, specific, informed” consent, mobile apps flip this principle on its head.

Most apps require users to accept invasive terms in order to function. This almost forced “consent” transforms the legal concept of privacy into a checkbox exercise—allowing corporations to strip users of rights while maintaining legal cover.

This loophole is not a glitch—it’s by design.

Web vs. App: Why the Platform Matters

Unlike websites, which can be audited, blocked, or anonymized through browsers and privacy tools (e.g., Brave, Firefox, or VPNs), apps run inside walled gardens—specifically Apple iOS, Android OS, and Microsoft Windows.

These ecosystems allow developers to:

• Embed data collection tools deep within the app code
• Track users across other apps and devices
• Install third-party SDKs that share data with unknown entities
• Circumvent privacy settings and blockers with proprietary APIs

In short, mobile apps represent a trojan horse for Surveillance Capitalism—and current privacy laws fail to stop it.

Companies legally exploit the loophole with several techniques:

1. Surveillance baked into the operating system and app-level permissions
2. Consent made conditional, forcing users to agree or be locked out
3. Obfuscated trackers and SDKs, making oversight nearly impossible
4. No meaningful opt-out, especially on mobile platforms

The result? You may live in a jurisdiction with “strong” privacy laws, but if you use an app instead of a browser, your rights are effectively nullified.

The Bottom Line: We Need an Electronic Bill of Rights

What we’re witnessing is not a failure of legislation—it’s a failure of enforcement and design.

Today’s privacy laws were written for a web-based era and are ill-equipped to deal with the invasive architecture of mobile apps and app-based operating systems.

Until governments outlaw coercive consent mechanisms and require meaningful opt-outs at the OS and app levels, Surveillance Capitalism will continue to flourish—even in jurisdictions that claim to defend privacy.

It’s time for a global reckoning—and it begins with a binding Electronic Bill of Rights that ends platform-based circumvention and restores civil liberties in the digital age.

Aside from an Electronic Bill of Rights, Purism provides a solution.

A Path Forward: Purism and the PureOS Solution

Fortunately, there are emerging alternatives that reject surveillance capitalism and restore digital autonomy to consumers.

Purism, a U.S.-based social purpose corporation, provides a secure, privacy-first ecosystem that does not rely on coercive contracts of adhesion. With PureOS, users are not forced to click “I Agree” to give up their privacy, security, safety, civil liberties, or data sovereignty.

PureOS is a fully convergent, Debian-based operating system built on free and open source code—designed to run seamlessly across smartphones, tablets, laptops, and servers manufactured by Purism. It enables users to maintain complete control over their computing environment without sacrificing usability or performance.

The platform supports secure applications that operate without invasive surveillance permissions, allowing users to communicate, browse, and work without being exploited by predatory data-mining business models.

In a digital world dominated by spyware-laden platforms, Purism represents a viable solution for individuals, professionals, and organizations seeking ethical technology that respects human rights.

Purism Products and Availability Chart

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	Liberty Phone (Made in USA Electronics)	In Stock ($1,999+) 4GB/128GB	10 business days	Learn More Buy Now
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	Librem 11	Backorder ($999+) 8GB/1TB	Estimated fulfillment early May	Learn More Buy Now
	Librem 14	Out of stock	New Version in Development	Coming Soon
	Librem Mini	Out of stock	New Version in Development	Coming Soon
	Librem Server	In Stock ($2,999+)	45 business days	Learn More Buy Now