Walker Montgomery Protecting Children Online Act; bring forward code sections related to.

H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~ G1/2
26/HR43/R1161
PAGE 1 (ELS\KP)

To: Technology; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Mansell, Ford (73rd)

HOUSE BILL NO. 1619

AN ACT TO BRING FORWARD SECTIONS 45-38-1, 45-38-3, 45-38-5, 1
45-38-7, 45-38-9, 45-38-11 AND 45-38-13, MISSISSIPPI CODE OF 1972, 2
WHICH ARE THE WALKER MONTGOMERY PROTECTING CHILDREN ONLINE ACT, 3
FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 45-38-1, Mississippi Code of 1972, is 6
brought forward as follows: 7
45-38-1. This chapter shall be known and may be cited as the 8
"Walker Montgomery Protecting Children Online Act." 9
SECTION 2. Section 45-38-3, Mississippi Code of 1972, is 10
brought forward as follows: 11
45-38-3. For purposes of this chapter, the following words 12
shall have the meanings ascribed herein unless the context clearly 13
requires otherwise: 14
(a) "Digital service" means a website, an application, 15
a program, or software that collects or processes personal 16
identifying information with Internet connectivity. 17
(b) "Digital service provider" means a person who: 18
(i) Owns or operates a digital service; 19
H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~
26/HR43/R1161
PAGE 2 (ELS\KP)

(ii) Determines the purpose of collecting and 20
processing the personal identifying information of users of the 21
digital service; and 22
(iii) Determines the means used to collect and 23
process the personal identifying information of users of the 24
digital service. 25
(c) "Harmful material" means material that is harmful 26
to minors as defined by Section 11-77-3(d). 27
(d) "Known minor" means a child who is younger than 28
eighteen (18) years of age who has not had the disabilities of 29
minority removed for general purposes, and who the digital service 30
provider knows to be a minor. 31
(e) "Personal identifying information" means any 32
information, including sensitive information, that is linked or 33
reasonably linkable to an identified or identifiable individual. 34
The term includes pseudonymous information when the information is 35
used by a controller or processor in conjunction with additional 36
information that reasonably links the information to an identified 37
or identifiable individual. The term does not include 38
deidentified information or publicly available information. 39
SECTION 3. Section 45-38-5, Mississippi Code of 1972, is 40
brought forward as follows: 41
45-38-5. (1) This chapter applies only to a digital service 42
provider who provides a digital service that: 43
H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~
26/HR43/R1161
PAGE 3 (ELS\KP)

(a) Connects users in a manner that allows users to 44
socially interact with other users on the digital service; 45
(b) Allows a user to create a public, semi-public or 46
private profile for purposes of signing into and using the digital 47
service; and 48
(c) Allows a user to create or post content that can be 49
viewed by other users of the digital service, including sharing 50
content on: 51
(i) A message board; 52
(ii) A chat room; or 53
(iii) A landing page, video channel or main feed 54
that presents to a user content created and posted by other users. 55
(2) This chapter does not apply to: 56
(a) A digital service provider who processes or 57
maintains user data in connection with the employment, promotion, 58
reassignment or retention of the user as an employee or 59
independent contractor, to the extent that the user's data is 60
processed or maintained for that purpose; 61
(b) A digital service provider's provision of a digital 62
service that facilitates e-mail or direct messaging services, if 63
the digital service facilitates only those services; 64
(c) A digital service provider's provision of a digital 65
service that: 66
(i) Primarily functions to provide a user with 67
access to news, sports, commerce, online video games or content 68
H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~
26/HR43/R1161
PAGE 4 (ELS\KP)

primarily generated or selected by the digital service provider; 69
and 70
(ii) Allows chat, comment or other interactive 71
functionality that is incidental to the digital service; or 72
(d) A digital service provider's provision of a digital 73
service that primarily functions to provide a user with access to 74
career development opportunities, including: 75
(i) Professional networking; 76
(ii) Job skills; 77
(iii) Learning certifications; 78
(iv) Job posting; and 79
(v) Application services. 80
(3) The Internet service provider, Internet service 81
provider's affiliate or subsidiary, search engine or cloud service 82
provider is not considered to be a digital service provider or to 83
offer a digital service if the Internet service provider or 84
provider's affiliate or subsidiary, search engine or cloud service 85
provider solely provides access or connection, including through 86
transmission, download, intermediate storage, access software or 87
other service, to an Internet website or to other information or 88
content: 89
(a) On the Internet; or 90
(b) On a facility, system or network not under the 91
control of the Internet service provider, provider's affiliate or 92
subsidiary, search engine or cloud service provider. 93
H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~
26/HR43/R1161
PAGE 5 (ELS\KP)

SECTION 4. Section 45-38-7, Mississippi Code of 1972, is 94
brought forward as follows: 95
45-38-7. (1) A digital service provider may not enter into 96
an agreement with a person to create an account with a digital 97
service unless the person has registered the person's age with the 98
digital service provider. A digital service provider shall make 99
commercially reasonable efforts to verify the age of the person 100
creating an account with a level of certainty appropriate to the 101
risks that arise from the information management practices of the 102
digital service provider. 103
(2) A digital service provider shall not permit an account 104
holder who is a known minor to be an account holder unless the 105
known minor has the express consent from a parent or guardian. 106
Acceptable methods of obtaining express consent of a parent or 107
guardian include any of the following: 108
(a) Providing a form for the minor's parent or guardian 109
to sign and return to the digital service provider by common 110
carrier, facsimile, or electronic scan; 111
(b) Providing a toll-free telephone number for the 112
known minor's parent or guardian to call to consent; 113
(c) Coordinating a call with a known minor's parent or 114
guardian over video conferencing technology; 115
(d) Collecting information related to the 116
government-issued identification of the known minor's parent or 117
H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~
26/HR43/R1161
PAGE 6 (ELS\KP)

guardian and deleting that information after confirming the 118
identity of the known minor's parent or guardian; 119
(e) Allowing the known minor's parent or guardian to 120
provide consent by responding to an email and taking additional 121
steps to verify the identity of the known minor's parent or 122
guardian; or 123
(f) Any other commercially reasonable method of 124
obtaining consent in light of available technology. 125
SECTION 5. Section 45-38-9, Mississippi Code of 1972, is 126
brought forward as follows: 127
45-38-9. (1) A digital service provider that enters into an 128
agreement with a known minor for access to a digital service 129
shall: 130
(a) Limit collection of the known minor's personal 131
identifying information to information reasonably necessary to 132
provide the digital service; and 133
(b) Limit use of the known minor's personal identifying 134
information to the purpose for which the information was 135
collected. 136
(2) A digital service provider that enters into an agreement 137
with a known minor for access to a digital service may not: 138
(a) Use the digital service to collect the known 139
minor's precise geolocation data; 140
(b) Use the digital service to display targeted 141
advertising involving harmful material to the known minor; or 142
H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~
26/HR43/R1161
PAGE 7 (ELS\KP)

(c) Share, disclose or sell the known minor's personal 143
identifying information unless required to: 144
(i) Comply with a civil, criminal or regulatory 145
inquiry, investigation, subpoena or summons by a governmental 146
entity; 147
(ii) Comply with a law enforcement investigation; 148
(iii) Detect, block or prevent the distribution of 149
unlawful, obscene or other harmful material to a known minor; 150
(iv) Block or filter spam; 151
(v) Prevent criminal activity; or 152
(vi) Protect the security of a digital service. 153
SECTION 6. Section 45-38-11, Mississippi Code of 1972, is 154
brought forward as follows: 155
45-38-11. (1) In relation to a known minor's use of a 156
digital service, a digital service provider shall make 157
commercially reasonable efforts to develop and implement a 158
strategy to prevent or mitigate the known minor's exposure to 159
harmful material and other content that promotes or facilitates 160
the following harms to minors: 161
(a) Consistent with evidence-informed medical 162
information, the following: self-harm, eating disorders, 163
substance use disorders, and suicidal behaviors; 164
(b) Patterns of use that indicate or encourage 165
substance abuse or use of illegal drugs; 166
H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~
26/HR43/R1161
PAGE 8 (ELS\KP)

(c) Stalking, physical violence, online bullying, or 167
harassment; 168
(d) Grooming, trafficking, child pornography, or other 169
sexual exploitation or abuse; 170
(e) Incitement of violence; or 171
(f) Any other illegal activity. 172
(2) Nothing in subsection (1) shall be construed to require 173
a digital service provider to prevent or preclude: 174
(a) Any minor from deliberately and independently 175
searching for, or specifically requesting, content; or 176
(b) The digital service provider or individuals on the 177
digital service from providing resources for the prevention or 178
mitigation of the harms described in subsection (1), including 179
evidence-informed information and clinical resources. 180
SECTION 7. Section 45-38-13, Mississippi Code of 1972, is 181
brought forward as follows: 182
45-38-13. (1) Except as provided by subsection (2) of this 183
section, this chapter may not be construed as providing a basis 184
for, or being subject to, a private right of action for a 185
violation of this chapter. 186
(2) If a digital service provider violates this chapter, the 187
parent or guardian of a known minor affected by that violation may 188
bring a cause of action seeking: 189
(a) A declaratory judgment under Rule 57 of Mississippi 190
Rules of Civil Procedure; or 191
H. B. No. 1619 *HR43/R1161* ~ OFFICIAL ~
26/HR43/R1161
PAGE 9 (ELS\KP)
ST: Walker Montgomery Protecting Children
Online Act; bring forward code sections related
to.
(b) An injunction against the digital service provider. 192
(3) A court may not certify an action brought under this 193
section as a class action. 194
SECTION 8. This act shall take effect and be in force from 195
and after July 1, 2026. 196