,,ii #aahth ,,congress #ast ,session ,s4 #beba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bf1 #bjbc ,mr4 ,warner 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,graham1 ,mr4 ,hawley1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to promote competition and reduce consumer switching costs in the provision of online communications services4 #a4 ,short title ,this ,act may be cited as the ,augmenting ,compatibility and ,competition by ,enabling ,service ,switching ,act of #bjbc or the ,,access ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,communications provider ,the term communications provider means a consumer-facing communications and information services provider4 7#c7 ,competing communications provider ,the term competing communications provider1 with respect to a large communications platform provider1 means another communications provider offering1 or planning to offer1 similar products or services to consumers4 7#d7 ,competing communications service ,the term competing communications service1 with respect to a large communications platform1 means a similar product or service provided by a competing communications provider4 7#e7 ,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 interactions1 content1 and account settings4 7#f7 ,interoperability interface ,the term interoperability interface means an electronic interface maintained by a large communications platform for purposes of achieving interoperability4 7#g7 ,large communications platform ,the term large communications platform means a product or service provided by a communications provider that-- 7,a7 generates income1 directly or indirectly1 from the collection1 processing1 sale1 or sharing of user data2 and 7,b7 has more than #ajj1jjj1jjj monthly active users in the ,united ,states4 7#h7 ,large communications platform provider ,the term large communications platform provider means a communications provider that provides1 manages1 or controls a large communications platform4 7#i7 ,user data 7,a7 ,in general ,the term user data means information that is-- 7i7 collected directly by a communications provider2 and 7ii7 linked1 or reasonably linkable1 to a specific person4 7,b7 ,exclusion ,the term user data does not include information that is rendered unusable1 unreadable1 de-identified1 or anonymized4 #c4 ,portability 7a7 ,general duty of large communications platform providers ,a large communications platform provider shall1 for each large communications platform it operates1 maintain a set of transparent1 third-party-accessible interfaces 7including application programming interfaces7 to initiate the secure transfer of user data to a user1 or to a competing communications provider acting at the direction of a user1 in a structured1 commonly used1 and machine-readable format4 7b7 ,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 acquires4 7c7 ,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 compensation1 directly or indirectly1 from collecting1 using1 or sharing user data4 #d4 ,interoperability 7a7 ,general duty of large communications platform providers ,a large communications platform provider shall1 for each large communications platform it operates1 maintain a set of transparent1 third-party-accessible interfaces 7including application programming interfaces7 to facilitate and maintain technically compatible1 interoperable communications with a user of a competing communications provider4 7b7 ,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 acquires1 processes1 or transmits4 7c7 ,interoperability obligations for large communications platform providers 7#a7 ,in general ,in order to achieve interoperability under subsection 7a71 a large communications platform provider shall fulfill the duties under paragraphs 7#b7 through 7#f7 of this subsection4 7#b7 ,non-discrimination 7,a7 ,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 interface1 based on fair1 reasonable1 and nondiscriminatory terms4 7,b7 ,reasonable thresholds1 access standards1 and fees 7i7 ,in general ,a large communications platform provider may establish reasonable thresholds related to the frequency1 nature1 and volume of requests by a competing communications provider to access resources maintained by the large communications platform provider1 beyond which the large communications platform provider may assess a reasonable fee for such access4 7ii7 ,usage expectations ,a large communications platform provider may establish fair1 reasonable1 and nondiscriminatory usage expectations to govern access by competing communications providers1 including fees or penalties for providers that exceed those usage expectations4 7iii7 ,limitation on fees and usage expectations ,any fees1 penalties1 or usage expectations assessed under clauses 7i7 and 7ii7 shall be reasonably proportional to the cost1 complexity1 and risk to the large communications platform provider of providing such access4 7iv7 ,notice ,a large communications platform provider shall provide public notice of any fees1 penalties1 or usage expectations that may be established under clauses 7i7 and 7ii71 including reasonable advance notice of any changes4 7v7 ,security and privacy standards ,a large communications platform provider shall1 consistent with industry best practices1 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 data1 and shall report any suspected violations of those standards to the ,commission4 7,c7 ,prohibited changes to interfaces ,a change to an interoperability interface or terms of use made with the purpose1 or substantial effect1 of unreasonably denying access or undermining interoperability for competing communications services shall be considered a violation of the duty under subparagraph 7,a7 to facilitate and maintain interoperability based on fair1 reasonable1 and nondiscriminatory terms4 7#c7 ,functional equivalence ,a large communications platform provider that maintains interoperability between its own large communications platform and other products1 services1 or affiliated offerings of such provider shall offer a functionally equivalent version of that interface to competing communications services4 7#d7 ,interface information 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 a large communications platform provider shall disclose to competing communications providers complete and accurate documentation describing access to the interoperability interface required under this section4 7,b7 ,contents ,the documentation required under subparagraph 7,a7-- 7i7 is limited to interface documentation necessary to achieve development and operation of interoperable products and services2 and 7ii7 does not require the disclosure of the source code of a large communications platform4 7#e7 ,notice of changes ,a large communications platform provider shall provide reasonable advance notice to a competing communications provider1 which may be provided through public notice1 of any change to an interoperability interface maintained by the large communications platform provider that will affect the interoperability of a competing communications service4 7#f7 ,non-commercialization by a large communications platform provider ,a large communications platform provider may not collect1 use1 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 services4 7d7 ,non-,commercialization by a competing communications provider ,a competing communications provider that accesses an interoperability interface may not collect1 use1 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 services4 7e7 ,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 compensation1 directly or indirectly1 from collecting1 using1 or sharing user data4 #e4 ,delegatability 7a7 ,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 interactions1 content1 and account settings on a large communications platform on the same terms as a user4 7b7 ,authentication ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall establish rules and procedures to facilitate a custodial third-party agent's ability to obtain access pursuant to subsection 7a7 in a way that ensures that a request for access on behalf of a user is a verifiable request4 7c7 ,registration with the ,commission ,a custodial third-party agent shall register with the ,commission as a condition of1 and prior to1 accessing an interface described in subsection 7a74 7d7 ,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 section4 7e7 ,revocation of access rights ,a large communications platform provider may revoke or deny access for any custodial third-party agent that-- 7#a7 fails to register with the ,commission2 or 7#b7 repeatedly facilitates fraudulent or malicious activity4 7f7 ,duties of a custodial third-,party agent ,a custodial third-party agent-- 7#a7 shall reasonably safeguard the privacy and security of user data provided to it by a user1 or accessed on a user's behalf2 7#b7 shall not access or manage a user's online interactions1 content1 or account settings in any way that-- 7,a7 will benefit the custodial third-party agent to the detriment of the user2 7,b7 will result in any reasonably foreseeable harm to the user2 or 7,c7 is inconsistent with the directions or reasonable expectations of the user2 and 7#c7 shall not collect1 use1 or share any user data provided to it by a user1 or accessed on a user's behalf1 for the commercial benefit of the custodial third-party agent4 7g7 ,fees ,a custodial third-party agent may charge users a fee for the provision of the products or services described in subsection 7a74 7h7 ,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 user4 #f4 ,implementation and enforcement 7a7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,commission shall promulgate regulations to implement section #d7;c77#b77;,b77v7 and subsections 7b71 7c71 and 7d7 of section #e4 7b7 ,authentication ,not later than #ahj days after the date of enactment of this ,act1 the ,commission1 in consultation with relevant industry stakeholders1 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 #c7;a7 and #d7;a74 7c7 ,technical standards ,not later than #ahj days after the date of enactment of this ,act1 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 services1 including-- 7#a7 online messaging2 7#b7 multimedia sharing2 and 7#c7 social networking4 7d7 ,compliance assessment ,the ,commission shall regularly assess compliance by large communications platform providers with the provisions of this ,act4 7e7 ,complaints ,the ,commission shall establish procedures under which a user1 a large communications platform provider1 a competing communications provider1 and a custodial third-party agent may file a complaint alleging that a large communications platform provider1 a competing communication provider1 or a custodial third-party agent has violated this ,act4 7f7 ,enforcement 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act1 or regulations enacted pursuant to this ,act1 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,privileges and immunities ,except as provided in subparagraph 7,c71 any person who violates section #c shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,nonprofit organizations and common carriers ,notwithstanding section #d or #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b77 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act1 in the same manner provided in subparagraphs 7,a7 and 7,b7 of this paragraph1 with respect to common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq474 7,d7 ,fines ,in assessing any fine for a violation of this ,act1 the ,commission shall consider each individual user affected by a violation of this ,act as an individual violation4 7g7 ,reliance on open standards ,any large communications platform provider that establishes and maintains interoperability through an open standard established under subsection 7c7 shall be entitled to a rebuttable presumption of providing access on fair1 reasonable1 and nondiscriminatory terms4 7h7 ,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 ,act4 7i7 ,effective date ,this ,act shall take effect on the date on which the ,commission promulgates regulations under subsection 7a74 #g4 ,relation to other laws ,nothing in this ,act shall be construed to modify1 limit1 or supersede the operation of any privacy or security provision in-- 7#a7 section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd72 7#b7 the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdja et seq472 7#c7 the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq472 7#d7 the ,fair ,debt ,collection ,practices ,act 7#ae ,u4,s4,c4 #afib et seq472 7#e7 the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq472 7#f7 title ,v of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhja et seq472 7#g7 chapters #aai1 #abc1 and #bjf of title #ah1 ,united ,states ,code2 7#h7 section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd72 7#i7 section #dde of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;h72 7#aj7 the ,privacy ,protection ,act of #aihj 7#db ,u4,s4,c4 #bjjj;aa et seq472 7#aa7 the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note71 as those regulations relate to-- 7,a7 a person described in section #aagb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d-#a7;a772 or 7,b7 transactions referred to in section #aagc7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d-#b7;a77#a772 7#ab7 the ,communications ,assistance for ,law ,enforcement ,act 7#dg ,u4,s4,c4 #ajja et seq472 7#ac7 sections #bbb and #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb1 #bbg72 or 7#ad7 any other privacy or security provision of ,federal law4