S. 1634: Augmenting Compatibility and Competition by Enabling Service Switching Act of 2025

The Augmenting Compatibility and Competition by Enabling Service Switching Act of 2025 (or ACCESS Act of 2025) is a proposed law aimed at facilitating competition among online communication services and reducing barriers for consumers switching between these services. Below is a summary of its main provisions:

Definitions

The bill specifies various terms used throughout the legislation. Key definitions include:

• Commission: Refers to the Federal Trade Commission (FTC).
• Communications Provider: A company that offers consumer-facing communication or information services.
• Large Communications Platform: A service that has over 100 million active users in the U.S. and generates income from user data.
• User Data: Information linked to an individual that is collected by a communications provider.

Portability Requirements

The legislation mandates that large communications platform providers must:

• Maintain transparent interfaces that allow users to securely transfer their data to other services.
• Ensure that competing providers receiving this data take reasonable steps to protect it.
• Be exempt from these requirements for services that do not generate revenue from user data.

Interoperability Obligations

Large communications platform providers are required to:

• Provide accessible interfaces for interoperability, enabling communication between users of different platforms.
• Facilitate access based on fair terms, without discriminating against competing services.
• Set reasonable standards, fees, and expectations for access while notifying providers ahead of any changes.

Delegatability

The bill allows users to grant access to third-party agents to manage their online accounts, specifying that:

• Such access must be made available on the same terms as those for the user.
• Third-party agents are required to register with the Commission and protect user data.
• The access rights for these agents cannot exceed those of the user.

Implementation and Enforcement

The act provides for the establishment of regulations and enforcement mechanisms, which include:

• The Commission must implement rules to enforce compliance within one year of enactment.
• Regular assessments of adherence to the law by communications providers are mandated.
• Consumers and providers can file complaints regarding violations of the act.

Relation to Other Laws

This bill clarifies that it does not override existing privacy laws, thereby maintaining protections already in place under other federal laws related to privacy and data security.

Effective Date

The provisions of this act would become effective once the FTC has established the necessary regulations.

Relevant Companies

• GOOGL (Alphabet Inc.) - As a major provider of communication services, GOOGL could be required to develop new interfaces to comply with data portability and interoperability requirements.
• META (Meta Platforms, Inc.) - This company would need to facilitate secure data transfer mechanisms for users switching to competing services.
• AAPL (Apple Inc.) - Apple's messaging and communication applications may need updates to support increased interoperability with other providers.