GOE19968 S.L.C.
116
TH
CONGRESS 1
ST
S
ESSION
S.
ll
To promote competition and reduce consumer switching costs in the provision of online communications services.
IN THE SENATE OF THE UNITED STATES
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Mr. W
ARNER
(for himself, Mr. H
AWLEY
, and Mr. B
LUMENTHAL
) introduced the following bill; which was read twice and referred to the Committee on
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A BILL
To promote competition and reduce consumer switching costs in the provision of online communications services.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Augmenting Compat-
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ibility and Competition by Enabling Service Switching Act
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of 2019’’ or the ‘‘ACCESS Act of 2019’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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(1) C
OMMISSION
.—The term ‘‘Commission’’
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means the Federal Trade Commission.
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2
GOE19968 S.L.C.
(2) C
OMMUNICATIONS PROVIDER
.—The term
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‘‘communications provider’’ means a consumer-fac-
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ing communications and information services pro-
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vider.
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(3) C
OMPETING COMMUNICATIONS PROVIDER
.—
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The term ‘‘competing communications provider’’,
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with respect to a large communications platform
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provider, means another communications provider
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offering, or planning to offer, similar products or
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services to consumers.
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(4) C
OMPETING COMMUNICATIONS SERVICE
.—
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The term ‘‘competing communications service’’, with
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respect to a large communications platform, means
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a similar product or service provided by a competing
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communications provider.
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(5) C
USTODIAL THIRD
-
PARTY AGENT
.—The
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term ‘‘custodial third-party agent’’ means an entity
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that is duly authorized by a user to interact with a
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large communications platform provider on that
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user’s behalf to manage the user’s online inter-
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actions, content, and account settings.
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(6) I
NTEROPERABILITY INTERFACE
.—The term
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‘‘interoperability interface’’ means an electronic
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interface maintained by a large communications
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platform for purposes of achieving interoperability.
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3
GOE19968 S.L.C.
(7) L
ARGE COMMUNICATIONS PLATFORM
.—The
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term ‘‘large communications platform’’ means a
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product or service provided by a communications
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provider that—
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(A) generates income, directly or indirectly,
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from the collection, processing, sale, or sharing
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of user data; and
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(B) has more than 100,000,000 monthly
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active users in the United States.
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(8) L
ARGE COMMUNICATIONS PLATFORM PRO
-
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VIDER
.—The term ‘‘large communications platform
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provider’’ means a communications provider that
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provides, manages, or controls a large communica-
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tions platform.
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(9) U
SER DATA
.—
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(A) I
N GENERAL
.—The term ‘‘user data’’
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means information that is—
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(i) collected directly by a communica-
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tions provider; and
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(ii) linked, or reasonably linkable, to a
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specific person.
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(B) E
XCLUSION
.—The term ‘‘user data’’
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does not include information that is rendered
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unusable, unreadable, de-identified, or
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anonymized.
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