[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1634 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1634
To promote competition and reduce consumer switching costs in the
provision of online communications services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2025
Mr. Warner (for himself, Mr. Hawley, and Mr. Blumenthal) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To promote competition and reduce consumer switching costs in the
provision of online communications services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Augmenting Compatibility and
Competition by Enabling Service Switching Act of 2025'' or the ``ACCESS
Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Communications provider.--The term ``communications
provider'' means a consumer-facing communications and
information services provider.
(3) Competing communications provider.--The term
``competing communications provider'', with respect to a large
communications platform provider, means another communications
provider offering, or planning to offer, similar products or
services to consumers.
(4) Competing communications service.--The term ``competing
communications service'', with respect to a large
communications platform, means a similar product or service
provided by a competing communications provider.
(5) Custodial third-party agent.--The term ``custodial
third-party agent'' means an entity that is duly authorized by
a user to interact with a large communications platform
provider on that user's behalf to manage the user's online
interactions, content, and account settings.
(6) Interoperability interface.--The term
``interoperability interface'' means an electronic interface
maintained by a large communications platform for purposes of
achieving interoperability.
(7) Large communications platform.--The term ``large
communications platform'' means a product or service provided
by a communications provider that--
(A) generates income, directly or indirectly, from
the collection, processing, sale, or sharing of user
data; and
(B) has more than 100,000,000 monthly active users
in the United States.
(8) Large communications platform provider.--The term
``large communications platform provider'' means a
communications provider that provides, manages, or controls a
large communications platform.
(9) User data.--
(A) In general.--The term ``user data'' means
information that is--
(i) collected directly by a communications
provider; and
(ii) linked, or reasonably linkable, to a
specific person.
(B) Exclusion.--The term ``user data'' does not
include information that is rendered unusable,
unreadable, de-identified, or anonymized.
SEC. 3. PORTABILITY.
(a) General Duty of Large Communications Platform Providers.--A
large communications platform provider shall, for each large
communications platform it operates, maintain a set of transparent,
third-party-accessible interfaces (including application programming
interfaces) to initiate the secure transfer of user data to a user, or
to a competing communications provider acting at the direction of a
user, in a structured, commonly used, and machine-readable format.
(b) General Duty of Competing Communications Providers.--A
competing communications provider that receives ported user data from a
large communications platform provider shall reasonably secure any user
data it acquires.
(c) Exemption for Certain Services.--The obligations under this
section shall not apply to a product or service by which a large
communications platform provider does not generate any income or other
compensation, directly or indirectly, from collecting, using, or
sharing user data.
SEC. 4. INTEROPERABILITY.
(a) General Duty of Large Communications Platform Providers.--A
large communications platform provider shall, for each large
communications platform it operates, maintain a set of transparent,
third-party-accessible interfaces (including application programming
interfaces) to facilitate and maintain technically compatible,
interoperable communications with a user of a competing communications
provider.
(b) General Duty of Competing Communications Providers.--A
competing communications provider that accesses an interoperability
interface of a large communications platform provider shall reasonably
secure any user data it acquires, processes, or transmits.
(c) Interoperability Obligations for Large Communications Platform
Providers.--
(1) In general.--In order to achieve interoperability under
subsection (a), a large communications platform provider shall
fulfill the duties under paragraphs (2) through (6) of this
subsection.
(2) Non-discrimination.--
(A) In general.--A large communications platform
provider shall facilitate and maintain interoperability
with competing communications services for each of its
large communications platforms through an
interoperability interface, based on fair, reasonable,
and nondiscriminatory terms.
(B) Reasonable thresholds, access standards, and
fees.--
(i) In general.--A large communications
platform provider may establish reasonable
thresholds related to the frequency, nature,
and volume of requests by a competing
communications provider to access resources
maintained by the large communications platform
provider, beyond which the large communications
platform provider may assess a reasonable fee
for such access.
(ii) Usage expectations.--A large
communications platform provider may establish
fair, reasonable, and nondiscriminatory usage
expectations to govern access by competing
communications providers, including fees or
penalties for providers that exceed those usage
expectations.
(iii) Limitation on fees and usage
expectations.--Any fees, penalties, or usage
expectations assessed under clauses (i) and
(ii) shall be reasonably proportional to the
cost, complexity, and risk to the large
communications platform provider of providing
such access.
(iv) Notice.--A large communications
platform provider shall provide public notice
of any fees, penalties, or usage expectations
that may be established under clauses (i) and
(ii), including reasonable advance notice of
any changes.
(v) Security and privacy standards.--A
large communications platform provider shall,
consistent with industry best practices, set
privacy and security standards for access by
competing communications services to the extent
reasonably necessary to address a threat to the
large communications platform or user data, and
shall report any suspected violations of those
standards to the Commission.
(C) Prohibited changes to interfaces.--A change to
an interoperability interface or terms of use made with
the purpose, or substantial effect, of unreasonably
denying access or undermining interoperability for
competing communications services shall be considered a
violation of the duty under subparagraph (A) to
facilitate and maintain interoperability based on fair,
reasonable, and nondiscriminatory terms.
(3) Functional equivalence.--A large communications
platform provider that maintains interoperability between its
own large communications platform and other products, services,
or affiliated offerings of such provider shall offer a
functionally equivalent version of that interface to competing
communications services.
(4) Interface information.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, a large communications
platform provider shall disclose to competing
communications providers complete and accurate
documentation describing access to the interoperability
interface required under this section.
(B) Contents.--The documentation required under
subparagraph (A)--
(i) is limited to interface documentation
necessary to achieve development and operation
of interoperable products and services; and
(ii) does not require the disclosure of the
source code of a large communications platform.
(5) Notice of changes.--A large communications platform
provider shall provide reasonable advance notice to a competing
communications provider, which may be provided through public
notice, of any change to an interoperability interface
maintained by the large communications platform provider that
will affect the interoperability of a competing communications
service.
(6) Non-commercialization by a large communications
platform provider.--A large communications platform provider
may not collect, use, or share user data obtained from a
competing communications service through the interoperability
interface except for the purposes of safeguarding the privacy
and security of such information or maintaining
interoperability of services.
(d) Non-Commercialization by a Competing Communications Provider.--
A competing communications provider that accesses an interoperability
interface may not collect, use, or share user data obtained from a
large communications platform provider through the interoperability
interface except for the purposes of safeguarding the privacy and
security of such information or maintaining interoperability of
services.
(e) Exemption for Certain Services.--The obligations under this
section shall not apply to a product or service by which a large
communications platform provider does not generate any income or other
compensation, directly or indirectly, from collecting, using, or
sharing user data.
SEC. 5. DELEGATABILITY.
(a) General Duty of Large Communications Platform Providers.--A
large communications platform provider shall maintain a set of
transparent third-party-accessible interfaces by which a user may
delegate a custodial third-party agent to manage the user's online
interactions, content, and account settings on a large communications
platform on the same terms as a user.
(b) Authentication.--Not later than 180 days after the date of
enactment of this Act, the Commission shall establish rules and
procedures to facilitate a custodial third-party agent's ability to
obtain access pursuant to subsection (a) in a way that ensures that a
request for access on behalf of a user is a verifiable request.
(c) Registration With the Commission.--A custodial third-party
agent shall register with the Commission as a condition of, and prior
to, accessing an interface described in subsection (a).
(d) Deregistration by the Commission.--The Commission shall
establish rules and procedures to deregister a custodial third-party
agent that the Commission determines has violated the duties
established in this section.
(e) Revocation of Access Rights.--A large communications platform
provider may revoke or deny access for any custodial third-party agent
that--
(1) fails to register with the Commission; or
(2) repeatedly facilitates fraudulent or malicious
activity.
(f) Duties of a Custodial Third-Party Agent.--A custodial third-
party agent--
(1) shall reasonably safeguard the privacy and security of
user data provided to it by a user, or accessed on a user's
behalf;
(2) shall not access or manage a user's online
interactions, content, or account settings in any way that--
(A) will benefit the custodial third-party agent to
the detriment of the user;
(B) will result in any reasonably foreseeable harm
to the user; or
(C) is inconsistent with the directions or
reasonable expectations of the user; and
(3) shall not collect, use, or share any user data provided
to it by a user, or accessed on a user's behalf, for the
commercial benefit of the custodial third-party agent.
(g) Fees.--A custodial third-party agent may charge users a fee for
the provision of the products or services described in subsection (a).
(h) Extent of Access Rights.--Nothing in this section shall be
construed to confer greater rights of access for a custodial third-
party agent to a large communications platform than are accessible to a
user.
SEC. 6. IMPLEMENTATION AND ENFORCEMENT.
(a) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Commission shall promulgate regulations to implement
section 4(c)(2)(B)(v) and subsections (b), (c), and (d) of section 5.
(b) Authentication.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with relevant
industry stakeholders, shall establish rules and procedures to
facilitate the verification of the validity of requests from users and
competing communications providers to obtain user data under sections
3(a) and 4(a).
(c) Technical Standards.--Not later than 180 days after the date of
enactment of this Act, the Director of the National Institute of
Standards and Technology shall develop and publish model technical
standards by which to make interoperable popular classes of
communications or information services, including--
(1) online messaging;
(2) multimedia sharing; and
(3) social networking.
(d) Compliance Assessment.--The Commission shall regularly assess
compliance by large communications platform providers with the
provisions of this Act.
(e) Complaints.--The Commission shall establish procedures under
which a user, a large communications platform provider, a competing
communications provider, and a custodial third-party agent may file a
complaint alleging that a large communications platform provider, a
competing communication provider, or a custodial third-party agent has
violated this Act.
(f) Enforcement.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act, or regulations enacted pursuant to this Act, shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--Except as provided in subparagraph
(C), the Commission shall enforce this Act in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any person who violates section 3
shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Nonprofit organizations and common carriers.--
Notwithstanding section 4 or 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 44, 45(a)(2)) or any
jurisdictional limitation of the Commission, the
Commission shall also enforce this Act, in the same
manner provided in subparagraphs (A) and (B) of this
paragraph, with respect to common carriers subject to
the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(D) Fines.--In assessing any fine for a violation
of this Act, the Commission shall consider each
individual user affected by a violation of this Act as
an individual violation.
(g) Reliance on Open Standards.--Any large communications platform
provider that establishes and maintains interoperability through an
open standard established under subsection (c) shall be entitled to a
rebuttable presumption of providing access on fair, reasonable, and
nondiscriminatory terms.
(h) Preemption.--The provisions of this Act shall preempt any State
law only to the extent that such State law is inconsistent with the
provisions of this Act.
(i) Effective Date.--This Act shall take effect on the date on
which the Commission promulgates regulations under subsection (a).
SEC. 7. RELATION TO OTHER LAWS.
Nothing in this Act shall be construed to modify, limit, or
supersede the operation of any privacy or security provision in--
(1) section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'');
(2) the Right to Financial Privacy Act of 1978 (12 U.S.C.
3401 et seq.);
(3) the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
(4) the Fair Debt Collection Practices Act (15 U.S.C. 1692
et seq.);
(5) the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6501 et