S. 5051: Artificial Intelligence Access, Gatekeeper Exchange, and Nondiscriminatory Transfer Act of 2026

This bill would require large online platforms to let users authorize “custodial user agents” — software agents that can act on a user’s behalf — to interact with the platform using the same basic account access the user would have, subject to the platform’s rules and the bill’s safeguards.

What counts as a covered platform

The bill applies to a large online platform, defined as an online product, app, or service with more than 50 million U.S. customers or subscribers in a month during the prior year. It covers consumer-facing communication, retail, information, social media, personal finance, and artificial intelligence services.

User delegation rights

Users of covered platforms would have the right to designate one or more custodial user agents to manage things like:

• online interactions
• electronic commerce decisions
• user-generated content
• account settings

The platform would have to allow this delegation through transparent third-party-accessible interfaces.

Registration and oversight of agents

Before a custodial user agent can access a platform, its provider must register with the Federal Trade Commission (FTC). The FTC could allow self-attestation, set standard terms, and review registrations. The FTC could also recognize independent certification bodies that assess whether custodial user agents meet required standards.

The FTC would be able to deregister a provider if it or its agents violate the bill’s duties.

Security, privacy, and user control requirements

Custodial user agents would have to:

• safeguard user data
• avoid using the user’s data for advertising, behavioral profiling, sale, or other secondary commercial purposes
• act with ordinary care, skill, and diligence
• keep real-time records of actions taken for the user and provide them on request
• not transfer their authority to others unless the user expressly authorizes it

These duties could not be waived by contract, terms of service, or user consent.

Users would also need a clear way to revoke a custodial user agent’s access, and platforms would have to honor revocations. Platforms could deny or revoke access if an agent is unregistered, repeatedly fraudulent or malicious, or after the user revokes consent.

Non-discrimination and interoperability

Covered platforms would have to maintain access for custodial user agents on fair, reasonable, and nondiscriminatory terms. They could set reasonable usage limits or fees, but those would have to be proportional to the cost, complexity, and risk involved. The FTC could review disputes over whether fees or limits are reasonable.

Platforms would also have to:

• publish privacy and security standards for agent access
• give notice of access denials and allow a 14-day cure period
• provide documentation needed to build interoperable agents
• give advance notice of interface changes that affect interoperability

Changes made mainly to block or undermine authorized agent access would count as violations.

Technical standards and agency rules

The National Institute of Standards and Technology would be directed to identify or create open technical standards for interoperability in areas such as messaging, social media, ecommerce, personal finance, artificial intelligence, and delegation tools. The FTC would have to issue regulations to implement the bill, and it would also coordinate with financial regulators on related issues.

Enforcement

Violations would be treated as unfair or deceptive acts or practices under the FTC Act. The FTC would enforce the law using its existing powers, including against common carriers. Fines would be assessed based on each affected user as an individual violation.

Relation to other laws

The bill says it does not override existing privacy, security, or antitrust laws, and it only preempts state laws that conflict with it.

Relevant Companies

• META — Meta Platforms could be directly affected because Facebook, Instagram, and related services appear to fit the bill’s definition of large online platforms and social media services, requiring interoperability with custodial user agents.
• GOOGL — Alphabet could be directly affected through Google’s large consumer-facing services, including search, messaging, Android-related interfaces, and AI services that may need to support delegated access.
• AAPL — Apple could be affected through iOS, digital assistant, and other platform services if they are treated as covered online services and must support custodial user agent access.
• AMZN — Amazon could be affected through its ecommerce and digital services, which may need to provide standardized access for user-authorized agents.
• MSFT — Microsoft could be affected through consumer-facing online services and AI-related offerings that fall within the bill’s scope.
• SNAP — Snap could be directly impacted if its social media service is covered, especially regarding interoperability and delegated posting or account management.
• PINS — Pinterest could be directly impacted if its service is treated as a covered social media platform, requiring access for authorized agents.
• UBER — Uber could be affected if any consumer-facing online services are deemed covered, though the impact would depend on how regulators apply the bill’s definitions.
• PYPL — PayPal could be affected because the bill explicitly includes personal finance services among the covered categories, potentially requiring interoperable access for delegated account actions.
• SHOP — Shopify could be affected if its retail services are treated as covered online services that must support delegated actions and interoperability.