ACCESS Act of 2021
The source supplies the latest action, but no lifecycle stage.
Latest action (24 Jun 2021): Ordered to be Reported (Amended).
What this bill does
The ACCESS Act of 2021 (H.R. 3849) would require certain large online platforms to let users and businesses move their data elsewhere (portability) and to connect with competing services (interoperability). Covered platforms would have to maintain accessible, standardized interfaces for these purposes, meet Federal Trade Commission (FTC)-issued technical standards, and protect the security and privacy of data exchanged. The FTC or Department of Justice could designate a platform as "covered" if it meets size thresholds (roughly 50 million U.S. monthly users, or 100,000 business users, plus a parent company with over $600 billion in net sales or market value) and if it is a "critical trading partner" that other businesses depend on. Violations would be treated as unfair methods of competition under the FTC Act, enforceable through civil penalties and injunctions.
The bill would primarily affect the largest technology platforms and their operators, along with the smaller businesses and consumers who rely on them for access to markets, data, or services. Platform operators would face new compliance obligations, oversight by an FTC-created technical committee, and potential penalties for noncompliance, while competing or potential competing businesses gain rights to access user data (with consent) and interoperate, subject to security requirements.
The bill was introduced in the House in June 2021, referred to the Judiciary Committee, and ordered to be reported as amended later that month. It did not receive a full House vote and did not become law in the 117th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Augmenting Compatibility and Competition by Enabling Service Switching Act of 2021 or the ACCESS Act of 2021
This bill requires large online platforms (e.g., YouTube, Salesforce) to facilitate consumers and businesses switching from one platform to another.
Specifically, the platforms must maintain interfaces that (1) securely transfer user data to other platforms (i.e., portability), and (2) allow other platforms to connect and communicate with their systems (i.e., interoperability).
The bill provides the Federal Trade Commission (FTC) and the Department of Justice with the authority to designate specific platforms to which these requirements apply. After a platform is designated, the FTC must issue standards of interoperability specific to the platform. A platform may not change its interoperability interface without petitioning the FTC, and the platform must provide to competing businesses documentation for accessing the interface.
Further, the FTC must establish a technical committee to assist with the implementation of these requirements.
The bill provides the FTC with authority to enforce these requirements including through recovery of civil penalties and injunctive relief.
Timeline
24 Jun 2021
Ordered to be Reported (Amended).
Common questions
- What does H.R. 3849 do?
- The ACCESS Act of 2021 (H.R. 3849) would require certain large online platforms to let users and businesses move their data elsewhere (portability) and to connect with competing services (interoperability). Covered platforms would have to maintain accessible, standardized interfaces for these purposes, meet Federal Trade Commission (FTC)-issued technical standards, and protect the security and privacy of data exchanged. The FTC or Department of Justice could designate a platform as "covered" if it meets size thresholds (roughly 50 million U.S. monthly users, or 100,000 business users, plus a parent company with over $600 billion in net sales or market value) and if it is a "critical trading partner" that other businesses depend on. Violations would be treated as unfair methods of competition under the FTC Act, enforceable through civil penalties and injunctions. The bill would primarily affect the largest technology platforms and their operators, along with the smaller businesses and consumers who rely on them for access to markets, data, or services. Platform operators would face new compliance obligations, oversight by an FTC-created technical committee, and potential penalties for noncompliance, while competing or potential competing businesses gain rights to access user data (with consent) and interoperate, subject to security requirements. The bill was introduced in the House in June 2021, referred to the Judiciary Committee, and ordered to be reported as amended later that month. It did not receive a full House vote and did not become law in the 117th Congress.
- Has H.R. 3849 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 3849. Check the latest action and official source below.
- Who sponsored H.R. 3849?
- H.R. 3849 was sponsored by Rep. Scanlon, Mary Gay [D-PA-5] (D-PA), with 28 cosponsors.
- What's the latest action on H.R. 3849?
- Ordered to be Reported (Amended). (24 Jun 2021).
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