The ACCESS Act of 2025 would require very large online communications platforms (those that earn money from user data and have over 100 million U.S. monthly users) to make it easier for users and rival services to move and use account data. The bill defines terms like "user data," "large communications platform," "competing communications provider," and "custodial third-party agent." It creates three main duties for large platforms: data portability, technical interoperability, and delegation to authorized third‑party agents.
Portability: Platforms must provide transparent, third‑party accessible interfaces (including APIs) so users or user‑directed rival providers can securely transfer user data in a common, machine‑readable format. Platforms do not have to follow this rule for services that do not generate income from user data.
Interoperability: Platforms must keep interfaces that let competing services communicate with their users on fair, reasonable, and nondiscriminatory terms. Platforms can set reasonable access thresholds, fees, and security standards, but they may not change interfaces to unfairly block rivals. Platforms must disclose documentation about interfaces within 120 days of enactment and give advance notice of changes that affect interoperability. Data obtained through these interfaces generally cannot be used for commercial benefit, except to protect privacy, security, or interoperability.
Delegation: Platforms must provide interfaces so a user can authorize a registered "custodial third‑party agent" to manage the user’s interactions and settings on the platform. The Federal Trade Commission (the Commission) would set authentication rules, require agent registration, and may deregister agents who break rules. Registered agents must protect user data, follow users’ directions, and may not use user data for their own commercial benefit.
Implementation and enforcement: The Commission must make rules and enforce the Act, including treating violations as unfair or deceptive acts under the Federal Trade Commission Act. The National Institute of Standards and Technology must publish model technical standards for messaging, multimedia sharing, and social networking. The Act lists many federal privacy and security laws that it does not change. The bill was introduced May 7, 2025, by Senators Warner, Hawley, and Blumenthal and referred to the Senate Commerce Committee.
If you use a very large online communications platform, the bill would aim to let you move your data to another service or let an authorized third party manage your account on your behalf. If you run a competing communications service, the bill would give you a right to access platform interfaces to interoperate with users, subject to security rules and reasonable access terms. If you are a third‑party agent, you must register with the FTC and follow rules to protect users and not profit from their data.
No publicly available information.
The bill states its purpose is "to promote competition and reduce consumer switching costs in the provision of online communications services." It places duties on large platforms, sets enforcement by the Federal Trade Commission, and directs NIST to publish model technical standards.
No publicly available information.