Bill Text: MS HB1619 | 2026 | Regular Session | Introduced
Bill Title: Walker Montgomery Protecting Children Online Act; bring forward code sections related to.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2026-02-03 - Died In Committee [HB1619 Detail]
Download: Mississippi-2026-HB1619-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Technology; Judiciary A
By: Representatives Mansell, Ford (73rd)
House Bill 1619
AN ACT TO BRING FORWARD SECTIONS 45-38-1, 45-38-3, 45-38-5, 45-38-7, 45-38-9, 45-38-11 AND 45-38-13, MISSISSIPPI CODE OF 1972, WHICH ARE THE WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-38-1, Mississippi Code of 1972, is brought forward as follows:
45-38-1. This chapter shall be known and may be cited as the "Walker Montgomery Protecting Children Online Act."
SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. This act shall take effect and be in force from and after July 1, 2026.
