,i  #aagth ,,congress  #ast ,session    
,h4 ,r4 #chdi  ,,in ,,the ,,house ,,of  
,,representatives  ,june #aa1 #bjba,ms4 
,scanlon 7for herself1 ,mr4 ,owens1 ,mr4
 ,cicilline1 ,mr4 ,buck1 and ,mr4       
,nadler7 introduced the following bill2 
which was referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to promote  
competition1 lower entry barriers1 and  
reduce switching costs for consumers and
 businesses online4  #a4 ,short title   
,this ,act may be cited as the          
,augmenting ,compatibility and          
,competition by ,enabling ,service      
,switching ,act of #bjba or the ,,access
 ,act of #bjba4  #b4 ,unfair method of  
competition ,a violation of this ,act1  
or standards issued pursuant to this    
,act1 by a person1 partnership1 or      
corporation operating a covered         
platform1 in or affecting commerce1     
shall be an unfair method of competition
 in violation of section #e7;a77#a7 of  
the ,federal ,trade ,commission ,act    
7#ae ,u4,s4,c4 #de74  #c4 ,portability  

7a7 ,in general ,a covered platform     
shall maintain a set of transparent1    
third-party-accessible interfaces       
7including application programming      
interfaces7 to enable the secure        
transfer of data to a user1 or with the 
affirmative consent of a user1 to a     
business user at the direction of a     
user1 in a structured1 commonly used1   
and machine-readable format that        
complies with the standards issued      
pursuant to section #f7;c74  7b7 ,data  
security  7#a7 ,in general ,a competing 
business or a potential competing       
business that receives ported user data 
from a covered platform shall reasonably
 secure any user data it acquires1 and  
shall take reasonable steps to avoid    
introducing security risks to data or   
the covered platform's information      
systems4  7#b7 ,violation ,a failure to 
comply with this section is a violation 
of this ,act and subject to the         
enforcement under sections #i and #aj of
 this ,act4  7#c7 ,termination of access

 ,the ,commission may require the       
covered platform to cease the transfer  
of data to a competing or potentially   
competing business that the ,commission 
finds has violated this section or      
standards adopted by the ,commission    
under section #f7;c7 of this ,act4  7c7 
,portability obligations ,in order to   
achieve portability under subsection    
7a71 a covered platform shall comply    
with the standards issued under section 
#f7;c7 by the ,commission4  #d4         
,interoperability  7a7 ,in general ,a   
covered platform shall maintain a set of
 transparent1 third-party-accessible    
interfaces 7including application       
programming interfaces7 to facilitate   
and maintain interoperability with a    
competing business or a potential       
competing business that complies with   
the standards issued pursuant to section
 #f7;c74  7b7 ,data security  7#a7 ,in  
general ,a competing business or a      
potential competing business that       
accesses an interoperability interface  

of a covered platform shall reasonably  
secure any user data it acquires1       
processes1 or transmits1 and shall take 
reasonable steps to avoid introducing   
security risks to user data or the      
covered platform's information systems4 
7#b7 ,violation ,a failure to comply    
with this section is a violation of this
 ,act and subject to the enforcement    
under sections #i and #aj of this ,act4 
7#c7 ,termination of access ,the        
,commission may require the covered     
platform to cease interoperating with a 
competing or potentially competing      
business that the ,commission finds has 
violated this section or standards      
adopted by the ,commission under section
 #f7;c7 of this ,act4  7c7              
,interoperability obligations ,in order 
to achieve interoperability under       
subsection 7a71 a covered platform shall
 comply with the standards issued under 
section #f7;c7 by the ,commission4  7d7 
,security and privacy standards         
,consistent with standards issued by the

 ,commission under section #f7;c7 of    
this ,act1 a covered platform shall set 
privacy and security standards for      
access by competing businesses or       
potential competing businesses to the   
extent reasonably necessary to address a
 threat to the covered platform or user 
data1 and shall report any suspected    
violations of those standards to the    
,commission4  7e7 ,prohibited changes to
 interfaces  7#a7 ,commission approval  
,a covered platform may make a change   
that may affect its interoperability    
interface by petitioning the ,commission
 to approve a proposed change4 ,the     
,commission shall allow the change if1  
after consulting with the relevant      
technical committee the ,commission     
concludes that the change is not being  
made with the purpose or effect of      
unreasonably denying access or          
undermining interoperability for        
competing businesses or potential       
competing businesses4  7#b7 ,exception  
,a covered platform may make a change   

affecting its interoperability          
interfaces without receiving approval   
from the ,commission if that change is  
necessary to address a security         
vulnerability or other exigent          
circumstance that creates an imminent   
risk to user privacy or security if the 
change is narrowly tailored to the      
vulnerability and does not have the     
purpose or effect of unreasonably       
denying access or undermining           
interoperability for competing          
businesses or potential competing       
businesses4  7#c7 ,interface information
  7,a7 ,in general ,not later than #abj 
days after the adoption of a rule by the
 ,commission under section #f7;c7 of    
this ,act1 a covered platform shall     
provide to competing businesses or      
potential competing businesses complete 
and accurate documentation describing   
access to the interoperability interface
 required under this section4  7,b7     
,contents ,the documentation required   
under subparagraph 7,a7 is limited to   

interface documentation necessary to    
achieve development and operation of    
interoperable products and services4    
7#d7 ,notice of changes ,a covered      
platform shall provide reasonable       
advance notice to a competing business  
or a potential competing business1 which
 may be provided through public notice1 
of any change to an interoperability    
interface maintained by the covered     
platform that will affect the           
interoperability of a competing business
 or a potential competing business4  7f7
 ,data ,minimization  7#a7              
,non-commercialization by a covered     
platform ,a covered platform shall not  
collect1 use1 or share user data        
obtained from a business user through   
the interoperability interface except   
for the purposes of safeguarding the    
privacy and security of such information
 or maintaining interoperability of     
services4  7#b7 ,non-commercialization  
of ,data on a ,covered ,platform ,a     
business user shall not collect1 use1 or

 share the data of a user on a covered  
platform except for the purposes of     
safeguarding and security of such data  
or maintaining interoperability of      
services4  #e4 ,definitions ,in this    
,act3 7#a7 ,person ,the term person has 
the meaning given the term in subsection
 7a7 of section #a of the ,clayton ,act 
7#ae ,u4,s4,c4 #ab74  7#b7 ,affirmative 
express consent ,the term affirmative   
express consent means an affirmative    
action of the consumer to make a choice 
following a clear and conspicuous       
disclosure to the consumer1 separate and
 apart from any privacy policy1 terms of
 service1 terms of service1 consent for 
research1 or other similar document1    
of-- 7,a7 the types of ,personal        
,information that ,respondent will      
disclose to third parties2  7,b7 the    
reason for such disclosures2  7,c7 the  
identity of all such third parties2     
7,d7 any opportunities consumers have to
 decline or rescind consent for such    
disclosures2 and  7,e7 how consumers may

 exercise any such opportunities4  ,an  
affirmative action does not include     
obtaining a consumer's approval for a   
preselected default option4  7#c7 ,clear
 and conspicuous disclosure ,the term   
clear and conspicuous disclosure means  
that a required disclosure is difficult 
to miss such that it is easily          
noticeable and easily understandable by 
ordinary consumers1 including in all of 
the following ways3 7,a7 ,in any        
communication that is solely visual or  
solely audible1 the disclosure must be  
made through the same means through     
which the communication is presented4   
,in any communication made through both 
visual and audible means1 such as a     
television advertisement1 the disclosure
 must be presented simultaneously in    
both the visual and audible portions of 
the communication even if the           
representation requiring the disclosure 
7triggering representation7 is made     
through only one means4  7,b7 ,a visual 
disclosure1 by its size1 contrast1      

location1 the length of time it appears1
 and other characteristics1 must stand  
out from any accompanying text or other 
visual elements so that it is easily    
noticed1 read1 and understood4  7,c7 ,an
 audible disclosure1 including by       
telephone or streaming video1 must be   
delivered in a volume1 speed1 and       
cadence sufficient for ordinary         
consumers to easily hear and understand 
it4  7,d7 ,in any communication using an
 interactive electronic medium1 such as 
the ,internet or software1 the          
disclosure must be unavoidable4  7,e7   
,the disclosure must use diction and    
syntax understandable to ordinary       
consumers and must appear in each       
language in which the triggering        
representation appears4  7,f7 ,the      
disclosure must comply with these       
requirements in each medium through     
which it is received1 including all     
electronic devices and face-to-face     
communications4  7,g7 ,the disclosure   
must not be contradicted or mitigated   

by1 or inconsistent with1 anything else 
in the communication4  7,h7 ,when the   
representation or sales practice targets
 a specific audience1 such as children1 
the elderly1 or the terminally ill1     
ordinary consumers includes reasonable  
members of that group4  7#d7 ,commission
 ,the term ,commission means the        
,federal ,trade ,commission4  7#e7      
,control ,the term control with respect 
to a person means-- 7,a7 holding #be    
percent or more of the stock of the     
person2  7,b7 having the right to #be   
percent or more of the profits of the   
person2  7,c7 having the right to #be   
percent or more of the assets of the    
person1 in the event of the person's    
dissolution2  7,d7 if the person is a   
corporation1 having the power to        
designate #be percent or more of the    
directors of the person2  7,e7 if the   
person is a trust1 having the power to  
designate #be percent or more of the    
trustees2 or  7,f7 otherwise exercises  
substantial control over the person4    

7#f7 ,covered platform ,the term covered
 platform means an online platform--    
7,a7 that has been designated as a      
covered platform under section #f7;a72  
or  7,b7 that-- 7i7 at the time of the  
,commission's or the ,department of     
,justice's designation under section    
#b7;d71 or any of the twelve months     
preceding that time1 or in any of the   
#ab months preceding the filing of a    
complaint for an alleged violation of   
this ,act-- 7,i7 has at least           
#ej1jjj1jjj ,united ,states-based       
monthly active users on the online      
platform2 or  7,,ii7 has at least       
#ajj1jjj ,united ,states-based monthly  
active business users on the platform2  
7ii7 is owned or controlled by a person 
with net annual sales1 or a market      
capitalization greater than             
#fjj1jjj1jjj1jjj1 adjusted for inflation
 on the basis of the ,consumer ,price   
,index1 at the time of the ,commission's
 or the ,department of ,justice's       
designation under section #f7;a7 or any 

of the two years preceding that time1 or
 at any time in the #b years preceding  
the filing of a complaint for an alleged
 violation of this ,act2 and  7iii7 is a
 critical trading partner for the sale  
or provision of any product or service  
offered on or directly related to the   
online platform4  7#g7 ,covered platform
 operator ,the term covered platform    
operator means a person that1 directly  
or indirectly1 owns or controls a       
covered platform4  7#h7 ,critical       
trading partner ,the term critical      
trading partner means a trading partner 
that has the ability to restrict or     
impede-- 7,a7 the access of a business  
user to its users or customers2 or  7,b7
 the access of a business user to a tool
 or service that it needs to effectively
 serve its users or customers4  7#i7    
,data  7,a7 ,in general ,not later than 
#f months after the date of enactment of
 this ,act1 the ,commission shall adopt 
rules in accordance with section #eec of
 title #e1 ,united ,states ,code1 to    

define the term data for the purpose of 
implementing and enforcing this ,act4   
7,b7 ,data ,the term data shall include 
information that is collected by or     
provided to a covered platform or       
competing business or a potential       
competing business that is linked1 or   
reasonably linkable1 to a specific user1
 user device1 or customer of the covered
 platform or a competing business or a  
potential competing business4  7,c7     
,exclusion ,the term data shall not     
include proprietary data that does not  
pertain to the user or a user device of 
the covered platform4 ,the ,commission  
shall narrowly construe the term        
proprietary data for the purposes of    
this ,act4  7#aj7 ,business user ,the   
term business user means a person that  
utilizes or plans to utilize the covered
 platform for the sale or provision of  
products or services4  7#aa7            
,interoperability interface ,the term   
interoperability interface means an     
electronic interface maintained by a    

covered platform for purposes of        
achieving interoperability4  7#ab7      
,online platform ,the term online       
platform means a website1 online or     
mobile application1 operating system1   
digital assistant1 or online service    
that-- 7,a7 enables a user to generate  
content that can be viewed by other     
users on the platform or to interact    
with other content on the platform2     
7,b7 facilitates the offering1 sale1    
purchase1 payment1 or shipping of goods 
or services1 including software         
applications1 between and among         
consumers or businesses not controlled  
by the platform2 or  7,c7 enables user  
searches or queries that access or      
display a large volume of information4  
#f4 ,implementation  7a7 ,covered       
platform designation ,the ,federal      
,trade ,commission or ,department of    
,justice may designate a covered        
platform for the purpose of implementing
 and enforcing this ,act4 ,such         
designation shall-- 7#a7 be based on a  

finding that the criteria set forth in  
paragraph 7#f7 of section #e are met2   
7#b7 be issued in writing and published 
in the ,federal ,register2 and  7#c7    
will apply for #aj years from its       
issuance regardless of whether there is 
a change in control or ownership over   
the covered platform unless the ,federal
 ,trade ,commission or the ,department  
of ,justice removes the designation     
pursuant to subsection 7b74  7b7        
,removal of covered platform designation
 ,the ,commission or the ,department of 
,justice shall-- 7#a7 consider whether  
its designation of a covered platform   
pursuant to subsection 7a7 should be    
removed prior to the expiration of the  
#aj-year period if the covered platform 
operator files a request with the       
,commission or the ,department of       
,justice1 which shows that the online   
platform is no longer a critical trading
 partner2 and  7#b7 determine whether to
 grant a request submitted under        
paragraph 7#a7 not later than #abj days 

after the date of the filing of such    
request4  7c7 ,rulemaking and technical 
standards  7#a7 ,after designating an   
online platform as a covered platform1  
the ,commission shall issue standards of
 interoperability specific to the       
covered platform4 ,these standards shall
 implement the requirements of sections 
#c and #d of this ,act4 ,in adopting the
 standards implementing the requirements
 of sections #c and #d1 the ,commission 
shall seek to encourage entry by        
reducing or eliminating the network     
effects that limit competition with the 
covered platform1 ensure that competing 
businesses or a potential competing     
business interconnects with the covered 
platform on fair and nondiscriminatory  
terms1 and protect data security and    
privacy4  7#b7 ,the ,commission shall-- 
7,a7 establish a technical committee1 as
 described in section #g of this ,act1  
to develop proposed standards           
implementing the requirements of section
 #c as they apply to a specific covered 

platform2  7,b7 issue such standards in 
accordance with section #eec of title   
#e1 ,united ,states ,code2 and  7,c7    
reject standards that have the purpose  
or effect of unreasonably denying       
access1 undermine interoperability1 or  
are unduly disruptive to                
interoperability4  7d7 ,compliance      
assessment ,the ,commission shall       
regularly assess compliance by covered  
platforms with the provisions of this   
,act and may-- 7#a7 undertake such      
investigation as appropriate to render  
this assessment2  7#b7 issue subpoenas  
and civil investigative demands for     
relevant information1 including any     
information that is necessary to        
effectuate the goals of sections #c and 
#d this ,act1 and consult with other    
agencies as appropriate2 and  7#c7      
prescribe such other rules in accordance
 with section #eec of title #e1 ,united 
,states ,code as may be necessary and   
appropriate to carry out sections #c and
 #d of this ,act4  7e7 ,agency          

complaints ,the ,commission shall       
establish procedures under which a user1
 covered platform1 or a business user   
may file a complaint alleging a         
violation of this ,act4  7f7            
,reciprocity ,a business user shall not 
be under any obligation to adopt or     
comply with the requirements of this    
,act or the rules adopted by the        
,commission under this ,act unless it   
chooses to-- 7#a7 initiate the secure   
transfer of data from a covered platform
 under section #c of this ,act2 or  7#b7
 access an interoperability interface of
 a covered platform under section #d of 
this ,act4  #g4 ,technical committee    
7a7 ,establishment  7#a7 ,not later than
 #ahj days following the enactment of   
this ,act1 the ,commission shall        
establish a technical committee to      
assist the ,commission with             
considerations relating to              
implementation and technical aspects of 
the requirements under sections #c and  
#d of this ,act4  7#b7 ,the size of the 

committee and its membership is within  
the sole discretion of the ,commission  
except as specified in subsection       
#g7;b74  7b7 ,composition ,each         
technical committee shall include-- 7#a7
 representatives of businesses that1 in 
the judgement of the ,commission1       
utilize or compete with the platform2   
7#b7 representatives of competition or  
privacy advocacy organizations1 and     
independent academics that possess      
technical1 legal1 economic1 financial1  
or other knowledge that the ,commission 
may deem useful2  7#c7 a representative 
from the ,national ,institute of        
,standards and ,technology2 and  7#d7   
representatives of a covered platform1  
which1 if required by ,commission1 shall
 provide a nonvoting advisory member to 
provide consultation and other aid to   
the technical committee4 ,a failure by  
the covered platform to participate in  
good faith in the development of        
standards by the ,technical ,committee  
shall be a violation of this statute4   

7c7 ,general responsibilities ,each     
technical committee established under   
this section shall meet regularly to    
provide information1 analysis1 and      
recommendations to the ,commission on   
the standards of portability and        
interoperability and any changes to     
those standards4 ,these standards       
should-- 7#a7 seek to reduce or         
eliminate network effects that limit    
competition with the covered platform2  
7#b7 establish data security and privacy
 protections for data portability and   
interoperability2  7#c7 prevent         
fraudulent1 malicious1 or abusive       
activity by a competing business or a   
potential competing business2 and  7#d7 
establish reasonable thresholds related 
to the frequency1 nature1 and volume of 
requests by a competing business or a   
potential competing business to access  
resources maintained by the covered     
platform1 beyond which the covered      
platform may assess a reasonable fee for
 such access that shall be reasonably   

proportional to the cost1 complexity1   
and risk to the covered platform of     
providing such access1 and do not limit 
the ability or deter the incentive of a 
competing business or a potentially     
competing business to interoperate with 
the covered platform4  7d7 ,role ,the   
role of technical committees is advisory
 in nature1 and such committees shall   
have no implementation or enforcement   
authority4 ,however1 the ,commission    
shall give strong consideration to the  
recommendations of such committees in   
implementing this ,act4  7e7            
,nonapplicability of the federal        
advisory committee act ,the ,federal    
,advisory ,committee ,act 7#e ,u4,s4,c4 
,app47 shall not apply with respect to  
the technical committees4  #h4 ,judicial
 review  7a7 ,in general ,any party that
 is subject to a covered platform       
designation pursuant to section #f7;a7  
of this ,act1 a final order issued in   
any district court1 or a final order of 
the ,commission issued in an            

administrative adjudicative proceeding  
may within #cj days of the issuance of  
such order1 petition for review of such 
order in the ,united ,states ,court of  
,appeals for the ,district of ,columbia 
,circuit4  7b7 ,treatment of findings   
,in a proceeding for judicial review of 
a covered platform designation pursuant 
to section #f7;a7 of this ,act or a     
final order of the ,commission1 the     
findings of the ,commission as to the   
facts1 if supported by evidence1 shall  
be conclusive4  #i4 ,enforcement  7a7   
,commission litigation authority ,if the
 ,commission has reason to believe that 
a covered platform violated this ,act1  
the ,commission may commence a civil    
action1 in its own name by any of its   
attorneys designated by it for such     
purpose1 to recover a civil penalty     
under this ,act and seek other          
appropriate relief in a district court  
of the ,united ,states against the      
covered platform operator4  7b7         
,emergency relief  7#a7 ,the ,commission

 may seek a temporary injunction        
requiring the covered platform operator 
to take or stop taking any action for   
not more than #abj days and the court   
shall grant such relief if the          
,commission proves-- 7,a7 there is a    
plausible claim that a covered platform 
operator took an action that could      
violate this ,act2 and  7,b7 that action
 impairs the ability of at least one    
company to compete with the covered     
platform4  7#b7 ,the emergency relief   
shall not last more than #abj days from 
the filing of the complaint4  7#c7 ,the 
court shall terminate the emergency     
relief at any time that the covered     
platform operator proves that the       
,commission has not taken reasonable    
steps to investigate whether a violation
 has occurred4  7#d7 ,nothing in this   
subsection prevents or limits the       
,commission from seeking other equitable
 relief as provided in section #aj of   
this ,act4  7c7 ,statute of limitations 
,a proceeding for a violation of this   

,act may be commenced not later than #f 
years after such violation occurs4  #aj4
 ,remedies  7a7 ,civil penalty ,the     
,commission may recover a civil penalty 
for a violation of this ,act1 which     
shall accrue to the ,united ,states1 in 
an amount not more than the greater of--
 7#a7 #ae percent of the total ,united  
,states revenue of the person1          
partnership1 or corporation for the     
previous calendar year2 or  7#b7 #cj    
percent of the ,united ,states revenue  
of the person1 partnership1 or          
corporation in any line of business     
affected or targeted by the unlawful    
conduct during the period of the        
unlawful conduct4  7b7 ,remedies in     
addition ,remedies provided in this     
subsection are in addition to1 and not  
in lieu of1 any other remedy available  
to the ,commission under ,federal law4  
7#a7 ,restitution2 contract rescission  
and reformation2 refunds2 return of     
property ,the ,commission may seek1 and 
a court may order1 with respect to the  

violation that gives rise to the suit1  
restitution for losses1 rescission or   
reformation of contracts1 refund of     
money1 or return of property4  7#b7     
,disgorgement ,the ,commission may seek1
 and a court may order1 disgorgement of 
any unjust enrichment that a covered    
platform obtained as a result of the    
violation that gives rise to the suit4  
7#c7 ,injunction ,the ,commission may   
seek1 and the court may order1 relief in
 equity as necessary to prevent1        
restrain1 or prohibit violations of this
 ,act4  7c7 ,repeat offenders ,if the   
fact finder determines that a covered   
platform has shown a pattern or practice
 of violating this ,act1 the court shall
 consider requiring that the ,chief     
,executive ,officer forfeit to the      
,united ,states ,treasury any           
compensation received by that person    
during the #ab months preceding or      
following the filing of a complaint     
alleging a violation of this ,act4  #aa4
 ,rule of construction ,nothing in this 

,act shall be construed to limit any    
authority of the ,attorney ,general or  
the ,federal ,trade ,commission under   
the antitrust laws1 section #e of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #de71 or any other provision  
of law or to limit the application of   
any law4  #ab4 ,severability ,if any    
provision of this ,act1 an amendment    
made by this ,act1 or the application of
 such provision or amendment to any     
person or circumstance is held to be    
unconstitutional1 the remainder of this 
,act and of the amendments made by this 
,act1 and the application of the        
remaining provisions of this ,act and   
amendments to any person or circumstance
 shall not be affected4