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Code · BILL · 118th Congress · S. 2521 (Introduced in Senate) — To promote competition and reduce consumer switching costs in the provision of online communications services. · Sec. 5

Sec. 5. Delegatability

333 words·~2 min read·/bill/118/s/2521/is/section-5

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A large communications platform provider shall maintain a set of transparent third-party-accessible interfaces by which a user may delegate a custodial third-party agent to manage the user’s online interactions, content, and account settings on a large communications platform on the same terms as a user. Not later than 180 days after the date of enactment of this Act, the Commission shall establish rules and procedures to facilitate a custodial third-party agent’s ability to obtain access pursuant to subsection
(a)in a way that ensures that a request for access on behalf of a user is a verifiable request. A custodial third-party agent shall register with the Commission as a condition of, and prior to, accessing an interface described in subsection (a). The Commission shall establish rules and procedures to deregister a custodial third-party agent that the Commission determines has violated the duties established in this section. A large communications platform provider may revoke or deny access for any custodial third-party agent that— fails to register with the Commission; or repeatedly facilitates fraudulent or malicious activity. A custodial third-party agent— shall reasonably safeguard the privacy and security of user data provided to it by a user, or accessed on a user’s behalf; shall not access or manage a user’s online interactions, content, or account settings in any way that— will benefit the custodial third-party agent to the detriment of the user; will result in any reasonably foreseeable harm to the user; or is inconsistent with the directions or reasonable expectations of the user; and shall not collect, use, or share any user data provided to it by a user, or accessed on a user’s behalf, for the commercial benefit of the custodial third-party agent. A custodial third-party agent may charge users a fee for the provision of the products or services described in subsection (a). Nothing in this section shall be construed to confer greater rights of access for a custodial third-party agent to a large communications platform than are accessible to a user.
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