Ms. Scanlon (for herself, Mr. Owens , Mr. Cicilline , Mr. Buck , and Mr. Nadler ) introduced the following bill; which was referred to the Commi

H.R.3849 - ACCESS Act of 2021117th Congress (2021-2022) |

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2021-07-19 00:30:04

Ms. Scanlon (for herself, Mr. Owens , Mr. Cicilline , Mr. Buck , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on the Judiciary

This Act may be cited as the “Augmenting Compatibility and Competition by Enabling Service Switching Act of 2021” or the “ACCESS Act of 2021”.

A violation of this Act, or standards issued pursuant to this Act, by a person, partnership, or corporation operating a covered platform, in or affecting commerce, shall be an unfair method of competition in violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45).

(a) In general .—A covered platform shall maintain a set of transparent, third-party-accessible interfaces (including application programming interfaces) to enable the secure transfer of data to a user, or with the affirmative consent of a user, to a business user at the direction of a user, in a structured, commonly used, and machine-readable format that complies with the standards issued pursuant to section 6(c).

(1) I N 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 acquires, and shall take reasonable steps to avoid introducing security risks to data or the covered platform’s information systems.