US Federal 2025-2026 Regular Session

US Federal Senate Bill SB1634

Introduced
 
Introduced
5/7/25  

Caption

ACCESS Act of 2025

Summary

The ACCESS Act of 2025 would require large online communications platforms—defined as services with more than 100 million monthly active U.S. users that monetize user data—to provide standardized, third-party-accessible interfaces for two main purposes: data portability and interoperability. First, covered platforms would have to let users, or competing services acting at a user’s direction, securely transfer user data in a structured, commonly used, machine-readable format. Second, they would have to maintain interfaces that allow technically compatible, interoperable communications between users of dominant platforms and competing communications services. The bill also creates a framework for user delegation. Large platforms would have to allow users to authorize a registered custodial third-party agent to manage online interactions, content, and account settings on the user’s behalf, subject to authentication, registration, and anti-fraud safeguards. The Federal Trade Commission would be responsible for writing implementing rules, handling complaints, assessing compliance, and enforcing violations as unfair or deceptive acts or practices. The National Institute of Standards and Technology would also be directed to publish model technical standards for interoperability in messaging, multimedia sharing, and social networking. In terms of state law, the bill includes express preemption only where state law is inconsistent with the federal requirements, so it would set a federal floor rather than broadly displace state regulation. It also states that it does not alter existing federal privacy and security laws, including the Privacy Act, COPPA, HIPAA-related rules, the Communications Act privacy provisions, and other federal privacy protections. The bill’s practical effect would be to impose new compliance obligations on major platforms and create new rights and procedures for users, competing providers, and third-party agents. The overall sentiment reflected in the bill’s sponsorship is pro-competition and pro-portability, with bipartisan introduction by Senators Warner, Hawley, and Blumenthal suggesting cross-party interest in limiting platform lock-in and reducing switching costs. Because there are no committee transcripts or recorded votes in the provided context, there is no documented floor or committee sentiment beyond the bill’s stated purpose. The structure of the bill suggests a policy balance between opening dominant platforms to rivals and preserving privacy, security, and anti-fraud controls. The main points of contention likely center on the scope and feasibility of mandated interoperability, the costs and technical burdens on large platforms, and the risk that open interfaces could create privacy or security vulnerabilities. Another likely issue is how the FTC would define reasonable fees, usage limits, and nondiscriminatory access terms, since those standards could materially affect both dominant platforms and competitors. Supporters are likely to emphasize consumer choice, competition, and reduced switching costs, while critics may focus on implementation complexity, cybersecurity, and potential overreach into platform design.

Impact

The bill would add a new federal regulatory regime for large communications platforms and their competitors, requiring data portability, interoperable communications interfaces, and user-delegation tools. It would give the FTC enforcement authority, direct NIST to develop technical standards, and treat violations as unfair or deceptive practices under the FTC Act. State laws would be preempted only to the extent they conflict with the Act, while existing federal privacy and security laws would remain in force.

Sentiment

The bill appears to have a generally pro-competition, reform-oriented sentiment, with bipartisan sponsorship indicating interest across ideological lines in reducing platform lock-in and making it easier for users to switch services. No committee debate or votes were provided, so there is no recorded opposition or support beyond the bill text itself. The framing of the bill emphasizes consumer choice, interoperability, and portability while attempting to preserve privacy and security safeguards.

Contention

Likely areas of contention include whether mandatory interoperability is technically workable, whether the FTC and NIST should be setting detailed standards for platform access, and how to balance competition goals against privacy, security, and fraud risks. Large platform providers would likely object to compliance costs, interface mandates, and potential exposure to abuse, while competing services and consumer advocates would likely support the access requirements as necessary to reduce switching costs and market concentration. The bill’s fee, threshold, and nondiscrimination provisions are also likely to be debated because they determine how much control dominant platforms retain over access to their systems.

Companion Bills

No companion bills found.

Previously Filed As

US SB4322

Communications, Video, and Technology Accessibility Act of 2026

US HB8327

Communications, Video, and Technology Accessibility Act of 2026

US HB3417

Websites and Software Applications Accessibility Act of 2025

US HB5605

Medical Device Nonvisual Accessibility Act of 2025

US HB2145

Recycling Infrastructure and Accessibility Act of 2025

US HB3416

Accessibility Constituent Communication Act of 2025

US SB3974

Websites and Software Applications Accessibility Act of 2026

US HB4419

AV Accessibility Act Autonomous Vehicle Accessibility Act

US SB1383

SAVE America Act Safeguard American Voter Eligibility Act

US SB4540

Reproductive Health Care Accessibility Act

Similar Bills

CA AB576

Charitable giving: online fundraising.

HI HB992

Relating To Solicitation Of Funds From The Public.

HI SB1311

Relating To Solicitation Of Funds From The Public.

HI SB1311

Relating To Solicitation Of Funds From The Public.

HI HB992

Relating To Solicitation Of Funds From The Public.

HI SB1048

Relating To Solicitation Of Funds From The Public.

CA AB2221

Supervision of Trustees and Fundraisers for Charitable Purposes Act.

HI HB1254

Relating To Solicitation Of Funds From The Public.