Bill Text: MS HB1576 | 2026 | Regular Session | Introduced
Bill Title: Interactive computer service providers; require parental consent and access to minor user's account history.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1576 Detail]
Download: Mississippi-2026-HB1576-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A
By: Representative Hood
House Bill 1576
AN ACT TO PROHIBIT INTERACTIVE COMPUTER SERVICE PROVIDERS FROM ENTERING INTO CONTRACTS WITH MINORS WITHOUT PARENTAL CONSENT; TO CREATE NEW SECTION 11-79-1, MISSISSIPPI CODE OF 1972, TO PROVIDE DEFINITIONS; TO CREATE NEW SECTION 11-79-3, MISSISSIPPI CODE OF 1972, TO REQUIRE INTERACTIVE COMPUTER SERVICE PROVIDERS TO GIVE PARENTS ACCESS TO THEIR CHILD'S USER HISTORY; TO PROVIDE REASONABLE METHODS OF AGE VERIFICATION; TO CREATE NEW SECTION 11-79-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ATTORNEY GENERAL TO PROSECUTE VIOLATIONS OF THIS ACT; TO AUTHORIZE PARENTS TO FILE CIVIL COMPLAINTS AGAINST AN INTERACTIVE COMPUTER SERVICE PROVIDERS FOR VIOLATIONS OF THIS ACT; TO PROVIDE THE AMOUNT OF CIVIL PENALTIES IMPOSED FOR VIOLATIONS OF THIS ACT; TO BRING FORWARD SECTIONS 45-38-3, 45-38-5, 45-38-7, 45-38-9, 45-38-11, 45-38-13 AND 11-77-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 11-79-1, Mississippi Code of 1972:
11-79-1. Definitions. As used in this chapter, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise:
(a) "Adult" means any person who is eighteen (18) years of age or older.
(b) "Broadband provider" means that term as defined in 47 USC Section 1752(a)(2).
(c) "Cloud service provider" means that term as defined in 44 USC Section 3607(b)(5).
(d) "Interactive computer service" means that term as defined in 47 USC Section 230.
(e) "Minor" means any person who is under the age of eighteen (18) years.
(f) "Parent" means the parent or legal guardian of a minor as provided by state law.
(g) "News-gathering organization" means any of the following:
(i) An employee of a newspaper, news publication or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph (i), who can provide documentation of such employment with the newspaper, news publication or news source; or
(ii) An employee of a radio broadcast station, television broadcast station, cable television operator or wire service while operating as an employee as provided in this subparagraph (ii), who can provide documentation of such employment.
(h) "Personal identifying information" means any information, including sensitive information, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous information when the information is used by a controller or processor in conjunction with additional information that reasonably links the information to an identified or identifiable individual. The term does not include deidentified information.
(i) "Transactional data" means a sequence of information that documents an exchange, agreement or transfer between an individual; commercial entity, including a corporation, limited liability company, partnership, limited partnership or sole proprietorship; or any other legally recognized entity or third party used for the purpose of satisfying a request or event. Transactional data includes, but is not limited to, records from mortgage, education and employment entities.
SECTION 2. The following shall be codified as Section 11-79-3, Mississippi Code of 1972:
11-79-3. Prohibitions. (1) Interactive computer service providers shall not, without the prior express consent of the minor's parent, attempt to enter into any contractual agreement with a minor. This prohibition includes, but is not limited to, any agreement with, acknowledgement of or consent to the interactive computer service's terms of service, terms of use, terms and conditions or similar agreement, however described. Any such agreement entered into with a minor without the prior express consent of the minor's parent is, from its inception and thereafter, void. Any such agreement entered into with a minor with the consent of the minor's parent may not conflict with the terms of this act. Any term or condition of an agreement entered into with a minor that conflicts with any provision or purpose of this act is void as against the public policy of this state and stricken from the agreement from its inception and thereafter.
(2) Upon obtaining the necessary consent from the minor's parent, the interactive computer service provider shall provide the parent with instructions to access any information stored by the service recording the minor's activity on the service or embedded messaging service. Such access must remain available to the parent for the duration of the minor's use of the interactive computer service and must include, but shall not be limited to:
(a) The date of each instance on which the minor uses the interactive computer service;
(b) The duration of each instance of the minor's use of the interactive computer service, or alternatively, the total duration of the minor's use of the interactive computer service over a commercially reasonable period selected by the interactive computer service, such as daily or weekly;
(c) The date and content of any post, including text, images, videos, files, links, shares or saves, made by the minor on the minor's profile or feed or on the profile or feed of another user;
(d) The date and content of any post, including text, images, videos, files, links, shares or saves, made by another user on the minor's feed or profile;
(e) The date and content of any comment or reaction posted by the minor on the minor's own profile or feed or on the profile or feed of another user;
(f) The date and content of any comment or reaction posted by another user on the minor's profile or feed;
(g) If the interactive computer service is a game or gaming platform, the identification of any games played, the duration of the minor's use of any games played, and the username or equivalent identifying information of other game participants who have interacted with the minor;
(h) The date, location and content of any other interactive computer service accessed by the minor from the initial interactive computer service;
(i) The username of every other user with whom the minor has established, or has been requested to establish, an ongoing connection, including as a friend, follower or similar relationship, and information identifying:
(i) Whether the other user is an entity or a natural person;
(ii) If the other user is a natural person, whether the interactive computer service has verified that the other user is an adult;
(iii) The username or equivalent identifying information of the other user;
(iv) The date on which the connection was requested; and
(v) Whether the connection request was accepted, refused or ignored;
(j) The date and content, including text, images, videos, files, links, shares or saves, of any messages or chats involving the minor and other users identified by the usernames or equivalent identifying information of the other users; and
(k) Any other information stored by the interactive computer service recording the minor's activity on the service or embedded messaging service.
(3) An interactive computer service provider shall use reasonable age verification methods to verify that the person attempting to use the service is an adult. Age verification may be performed by:
(a) Providing a digitized identification card; or
(b) Requiring the person attempting to access the material to comply with a commercial age verification system that verifies in one or more of the following ways:
(i) Government issued identification; or
(ii) Any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the information is at least eighteen (18) years of age or older.
If the age verification reveals that the person attempting to use the service is not an adult, the interactive computer service shall not allow the person to use the service until parental consent is obtained as provided in subsection (1) of this section and access is provided to the parent as provided in subsection (2) of this subsection.
(4) Any interactive computer service or third party that performs the required age verification shall not retain any identifying information received during the age verification process after access to the interactive computer service has been granted or denied.
(5) (a) The provisions of this section shall not apply to any bona fide news or public interest broadcast or report and shall not be construed to affect the rights of any news-gathering organization.
(b) A broadband provider, affiliate or subsidiary of a broadband provider, search engine or cloud service provider shall not be held to have violated the provisions of this section if enforcing this section against the provider, affiliate or subsidiary would be inconsistent with 47 USC Section 230.
(6) An interactive computer service provider may only obtain the express consent of a parent in compliance with this section by one or more of the following methods:
(a) Providing a form for the minor's parent to sign and return to the interactive computer service provider by common carrier, facsimile or electronic scan;
(b) Providing a toll-free telephone number for the minor's parent to call to consent;
(c) Coordinating a call with a minor's parent over video conferencing technology;
(d) Collecting information related to the government-issued identification of the minor's parent and deleting that information after confirming the identity of the minor's parent;
(e) Allowing the minor's parent to provide consent by responding to an email and taking additional steps to verify the identity of the minor's parent; or
(f) Any other commercially reasonable method of obtaining consent in light of available technology.
(7) Nothing in this section shall be construed to modify an interactive computer service provider's obligations under any other laws of this state, including, but not limited to, the Walker Montgomery Protecting Children Act (Section 45-38-1, et seq.) and Section 11-77-5.
SECTION 3. The following shall be codified as Section 11-79-5, Mississippi Code of 1972:
11-79-5. Remedies. (1) If an interactive computer service provider, having been given no less than thirty-days' prior notice by the Attorney General that it is in violation of Section 11-79-3, continues to knowingly violate Section 11-79-3, and the Attorney General believes that bringing an action against the interactive computer service provider is in the public interest, the Attorney General may bring an action in a Hinds County circuit court or a circuit court in any county in which the minor accessed the interactive computer service to enjoin the violation, recover a civil penalty, and obtain other relief the court considers appropriate. A parent may also file a civil complaint against an interactive computer service provider for a violation of Section 11-79-3(2) and (3) and may be awarded damages and any other relief the court deems appropriate.
(2) A civil penalty imposed under this section for a violation of Section 11-79-3 may be in an amount equal to not more than the total, if applicable, of:
(a) Ten Thousand Dollars ($10,000.00) per day for each day that the interactive computer service provider operates an interactive computer service in violation of the age verification or parental consent requirements of Section 11-79-3;
(b) Ten Thousand Dollars ($10,000.00) per instance for each instance that the interactive computer service provider retains identifying information in violation of Section 11-79-3(4); and
(c) Two Hundred Fifty Thousand Dollars ($250,000.00) for failure to provide a parent the access to the minor's activity required by Section 11-79-3(2).
(3) The amount of a civil penalty imposed and/or damages awarded under this section shall be based on the following factors:
(a) The seriousness of the violation, including the nature, circumstances, extent and gravity of the violation;
(b) The history of previous violations;
(c) The amount necessary to deter a future violation;
(d) The economic effect of a penalty on the entity on whom the penalty will be imposed;
(e) The entity's knowledge that the act constituted a violation of Section 11-79-3; and
(f) Any other matter that justice may require.
(4) Damages awarded to a parent who succeeds in a claim against an interactive computer service provider may be in whatever amount the court deems appropriate for the harm caused.
(5) The Attorney General or a parent who succeeds in a claim against an interactive computer service provider may recover reasonable and necessary attorney's fees, costs and reasonable expenses of litigation incurred in an action under this section, including, but not limited to, expert witness fees and court reporter's fees.
SECTION 4. Section 45-38-3, Mississippi Code of 1972, is brought forward as follows:
45-38-3. For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Digital service" means a website, an application, a program, or software that collects or processes personal identifying information with Internet connectivity.
(b) "Digital service provider" means a person who:
(i) Owns or operates a digital service;
(ii) Determines the purpose of collecting and processing the personal identifying information of users of the digital service; and
(iii) Determines the means used to collect and process the personal identifying information of users of the digital service.
(c) "Harmful material" means material that is harmful to minors as defined by Section 11-77-3(d).
(d) "Known minor" means a child who is younger than eighteen (18) years of age who has not had the disabilities of minority removed for general purposes, and who the digital service provider knows to be a minor.
(e) "Personal identifying information" means any information, including sensitive information, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous information when the information is used by a controller or processor in conjunction with additional information that reasonably links the information to an identified or identifiable individual. The term does not include deidentified information or publicly available information.
SECTION 5. Section 45-38-5, Mississippi Code of 1972, is brought forward as follows:
45-38-5. (1) This chapter applies only to a digital service provider who provides a digital service that:
(a) Connects users in a manner that allows users to socially interact with other users on the digital service;
(b) Allows a user to create a public, semi-public or private profile for purposes of signing into and using the digital service; and
(c) Allows a user to create or post content that can be viewed by other users of the digital service, including sharing content on:
(i) A message board;
(ii) A chat room; or
(iii) A landing page, video channel or main feed that presents to a user content created and posted by other users.
(2) This chapter does not apply to:
(a) A digital service provider who processes or maintains user data in connection with the employment, promotion, reassignment or retention of the user as an employee or independent contractor, to the extent that the user's data is processed or maintained for that purpose;
(b) A digital service provider's provision of a digital service that facilitates e-mail or direct messaging services, if the digital service facilitates only those services;
(c) A digital service provider's provision of a digital service that:
(i) Primarily functions to provide a user with access to news, sports, commerce, online video games or content primarily generated or selected by the digital service provider; and
(ii) Allows chat, comment or other interactive functionality that is incidental to the digital service; or
(d) A digital service provider's provision of a digital service that primarily functions to provide a user with access to career development opportunities, including:
(i) Professional networking;
(ii) Job skills;
(iii) Learning certifications;
(iv) Job posting; and
(v) Application services.
(3) The Internet service provider, Internet service provider's affiliate or subsidiary, search engine or cloud service provider is not considered to be a digital service provider or to offer a digital service if the Internet service provider or provider's affiliate or subsidiary, search engine or cloud service provider solely provides access or connection, including through transmission, download, intermediate storage, access software or other service, to an Internet website or to other information or content:
(a) On the Internet; or
(b) On a facility, system or network not under the control of the Internet service provider, provider's affiliate or subsidiary, search engine or cloud service provider.
SECTION 6. Section 45-38-7, Mississippi Code of 1972, is brought forward as follows:
45-38-7. (1) A digital service provider may not enter into an agreement with a person to create an account with a digital service unless the person has registered the person's age with the digital service provider. A digital service provider shall make commercially reasonable efforts to verify the age of the person creating an account with a level of certainty appropriate to the risks that arise from the information management practices of the digital service provider.
(2) A digital service provider shall not permit an account holder who is a known minor to be an account holder unless the known minor has the express consent from a parent or guardian. Acceptable methods of obtaining express consent of a parent or guardian include any of the following:
(a) Providing a form for the minor's parent or guardian to sign and return to the digital service provider by common carrier, facsimile, or electronic scan;
(b) Providing a toll-free telephone number for the known minor's parent or guardian to call to consent;
(c) Coordinating a call with a known minor's parent or guardian over video conferencing technology;
(d) Collecting information related to the government-issued identification of the known minor's parent or guardian and deleting that information after confirming the identity of the known minor's parent or guardian;
(e) Allowing the known minor's parent or guardian to provide consent by responding to an email and taking additional steps to verify the identity of the known minor's parent or guardian; or
(f) Any other commercially reasonable method of obtaining consent in light of available technology.
SECTION 7. Section 45-38-9, Mississippi Code of 1972, is brought forward as follows:
45-38-9. (1) A digital service provider that enters into an agreement with a known minor for access to a digital service shall:
(a) Limit collection of the known minor's personal identifying information to information reasonably necessary to provide the digital service; and
(b) Limit use of the known minor's personal identifying information to the purpose for which the information was collected.
(2) A digital service provider that enters into an agreement with a known minor for access to a digital service may not:
(a) Use the digital service to collect the known minor's precise geolocation data;
(b) Use the digital service to display targeted advertising involving harmful material to the known minor; or
(c) Share, disclose or sell the known minor's personal identifying information unless required to:
(i) Comply with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by a governmental entity;
(ii) Comply with a law enforcement investigation;
(iii) Detect, block or prevent the distribution of unlawful, obscene or other harmful material to a known minor;
(iv) Block or filter spam;
(v) Prevent criminal activity; or
(vi) Protect the security of a digital service.
SECTION 8. Section 45-38-11, Mississippi Code of 1972, is brought forward as follows:
45-38-11. (1) In relation to a known minor's use of a digital service, a digital service provider shall make commercially reasonable efforts to develop and implement a strategy to prevent or mitigate the known minor's exposure to harmful material and other content that promotes or facilitates the following harms to minors:
(a) Consistent with evidence-informed medical information, the following: self-harm, eating disorders, substance use disorders, and suicidal behaviors;
(b) Patterns of use that indicate or encourage substance abuse or use of illegal drugs;
(c) Stalking, physical violence, online bullying, or harassment;
(d) Grooming, trafficking, child pornography, or other sexual exploitation or abuse;
(e) Incitement of violence; or
(f) Any other illegal activity.
(2) Nothing in subsection (1) shall be construed to require a digital service provider to prevent or preclude:
(a) Any minor from deliberately and independently searching for, or specifically requesting, content; or
(b) The digital service provider or individuals on the digital service from providing resources for the prevention or mitigation of the harms described in subsection (1), including evidence-informed information and clinical resources.
SECTION 9. Section 45-38-13, Mississippi Code of 1972, is brought forward as follows:
(2) If a digital service provider violates this chapter, the parent or guardian of a known minor affected by that violation may bring a cause of action seeking:
(a) A declaratory judgment under Rule 57 of Mississippi Rules of Civil Procedure; or
(b) An injunction against the digital service provider.
(3) A court may not certify an action brought under this section as a class action.
SECTION 10. Section 11-77-5, Mississippi Code of 1972, is brought forward as follows:
11-77-5. (1) Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.
(2) Any commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material.
(3) (a) Any commercial entity that is found to have violated this section shall be liable to an individual for damages resulting from a minor's accessing the material, including court costs and reasonable attorney fees as ordered by the court.
(b) A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court.
SECTION 11. This act shall take effect and be in force from and after July 1, 2027.
