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S. 4309·117th Congress·Senate Bill

ACCESS Act of 2022

Stage not supplied

The source supplies the latest action, but no lifecycle stage.

Latest action (25 May 2022): Read twice and referred to the Committee on Commerce, Science, and Transportation.

What this bill does

The ACCESS Act of 2022 (S. 4309) would require the largest online communications platforms—those with more than 100 million monthly U.S. users that earn revenue from user data—to make it easier for consumers to switch services and to communicate across competing platforms. Specifically, these companies would have to build secure interfaces letting users export their data to themselves or to a competing provider ("portability"), maintain interoperable interfaces so users can communicate with users of competing services ("interoperability"), and allow users to authorize a registered "custodial third-party agent" to manage their accounts on their behalf ("delegability"). Large platforms could charge reasonable fees for high-volume access and set security standards, but could not misuse data obtained through these interfaces.

The bill primarily affects major consumer communications platforms (e.g., large messaging, social media, or similar services), smaller competing providers seeking interoperability or ported data, and third-party agents acting for users. The Federal Trade Commission would write implementing rules, handle registration and complaints, and enforce violations as unfair or deceptive practices; NIST would develop related technical standards. State laws inconsistent with the Act would be preempted, and existing federal privacy laws would remain unaffected.

S. 4309 was introduced by Senator Mark Warner on May 25, 2022, with bipartisan co-sponsors, and referred to the Senate Commerce Committee. It received no further votes or floor action before the 117th Congress ended, so it did not become law.

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 2022 or the ACCESS Act of 2022 This bill requires large communications platform providers with more than 100 million monthly users (e.g., Facebook, Instagram, Twitter, etc.) to establish interfaces (e.g., application programming interfaces [APIs]) that make user data portable and services interoperable. These interfaces must be made available for users and competitor platforms to access and transfer such user data. Competitors accessing user data through an interface must keep the data reasonably secure and may not use it for commercial purposes. Users also may designate third parties that meet certain requirements, including registering with the Federal Trade Commission (FTC), to manage their user data. A communications platform may place reasonable limits on competitors' access to its interoperability interface. The bill further requires the National Institute of Standards and Technology to develop model technical standards for implementing platform interoperability.

Timeline

  1. 25 May 2022

    Read twice and referred to the Committee on Commerce, Science, and Transportation.

Common questions

What does S. 4309 do?
The ACCESS Act of 2022 (S. 4309) would require the largest online communications platforms—those with more than 100 million monthly U.S. users that earn revenue from user data—to make it easier for consumers to switch services and to communicate across competing platforms. Specifically, these companies would have to build secure interfaces letting users export their data to themselves or to a competing provider ("portability"), maintain interoperable interfaces so users can communicate with users of competing services ("interoperability"), and allow users to authorize a registered "custodial third-party agent" to manage their accounts on their behalf ("delegability"). Large platforms could charge reasonable fees for high-volume access and set security standards, but could not misuse data obtained through these interfaces. The bill primarily affects major consumer communications platforms (e.g., large messaging, social media, or similar services), smaller competing providers seeking interoperability or ported data, and third-party agents acting for users. The Federal Trade Commission would write implementing rules, handle registration and complaints, and enforce violations as unfair or deceptive practices; NIST would develop related technical standards. State laws inconsistent with the Act would be preempted, and existing federal privacy laws would remain unaffected. S. 4309 was introduced by Senator Mark Warner on May 25, 2022, with bipartisan co-sponsors, and referred to the Senate Commerce Committee. It received no further votes or floor action before the 117th Congress ended, so it did not become law.
Has S. 4309 become law?
The source does not supply a confirmed lifecycle stage for S. 4309. Check the latest action and official source below.
Who sponsored S. 4309?
S. 4309 was sponsored by Sen. Warner, Mark R. [D-VA] (D-VA), with 4 cosponsors.
What's the latest action on S. 4309?
Read twice and referred to the Committee on Commerce, Science, and Transportation. (25 May 2022).

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