iPhones have direct access to the Internet and to the power infrastructure. Apple does not limit which websites can be loaded in Safari, or which emails get delivered, or which electric sockets can charge an iPhone. Anyone in the world can reach an iPhone user by standing up a website and sending some emails.

The issue is the App Store, not the phone. And it's a lot harder to argue that the App Store is public infrastructure, in part because of the open access to the Internet that comes with every iPhone.

Reminder that Apple launched the iPhone with an app concept based only on open Internet access (web apps, no approval needed). They only added an app SDK and the App Store because of public outcry demanding it. Now we want to be mad at them for doing it?