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Policy, Privacy & Power 10

Regulation, privacy, consent, surveillance, sovereignty, antitrust — the political dimension of APIs that most people skip.

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Can an API be copyrighted?

The Supreme Court's 2021 decision in Google v. Oracle found Google's reimplementation of the Java API to be fair use — protecting the freedom to build compatible systems, without settling every underlying question.

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Do government APIs actually work?

The best ones are genuinely excellent and the average is poor — and the difference is almost always sustained funding and a named owner rather than technology or intent.

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Should I build my business on someone else's API?

Often yes — but assume the terms will change. Read them, know your migration path, avoid depending on a single provider for anything existential, and price the dependency honestly.

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What does "open" mean when people say "open API"?

Almost nothing, on its own. It might mean publicly documented, freely accessible, openly licensed, or merely "we have an API." Ask which one they mean, because the differences are the whole story.

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What does privacy actually mean for an API?

Deciding what data you expose, to whom, on what basis, and for how long — and being able to prove it. Data minimization is the single most effective privacy control, and almost nobody applies it.

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What is consent in an API context, and is OAuth enough?

OAuth gives you the mechanics of consent, not the substance. A consent screen nobody reads, with scopes nobody understands, granted permanently, is a legal artifact rather than genuine agreement.

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Which regulations actually mandate APIs?

Open banking regimes (PSD2, the UK CMA order, Australia's CDR, the US §1033 rules) and healthcare interoperability rules (the Cures Act, CMS rules) are the clearest cases — regulation has become one of the strongest d...

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Why did the open data movement not deliver what it promised?

Because publishing a dataset is not the same as sustaining a usable service. Most open data shipped without APIs, ownership, quality commitments, or a plan for who maintains it in year three.

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Why do platforms shut down or restrict their APIs?

Usually because the ecosystem they invited in started competing with them, or because the data became more valuable sold than shared. The pattern is old and remarkably consistent.

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Why do you say APIs are political?

Because an API is a power relationship encoded as a technical interface. It decides who can access what, on whose terms, with what recourse — and those have never been engineering questions.