House Bill 1260

AN ACT TO REQUIRE TEXTING SOFTWARE PROVIDERS TO ENSURE CERTAIN ENCRYPTION AND NOTIFICATION FEATURES WHEN PERSONS SEND OR RECEIVE TEXT MESSAGES; TO DEFINE TERMINOLOGY USED HEREIN; TO REQUIRE TEXTING SOFTWARE PROVIDERS TO ENSURE THAT TEXT MESSAGE DATA IS ENCRYPTED AND SENT OVER A NETWORK THAT SUPPORTS THE ENCRYPTION, THAT MEDIA SENT IN THE TEXT MESSAGE IS SENT AND RECEIVED IN ITS ORIGINAL QUALITY WITHOUT DEGRADATION, AND THAT TEXT MESSAGE SENDERS AND RECEIVERS RECEIVE REAL-TIME NOTIFICATIONS THAT A PERSON IS TYPING A MESSAGE TO THEM AND WHETHER A SENT MESSAGE HAS BEEN READ, IF THE USERS HAVE ENABLED SUCH FUNCTIONS ON THEIR DEVICE; TO PERMIT THE ATTORNEY GENERAL TO BRING ACTIONS AGAINST TEXTING SOFTWARE PROVIDERS THAT VIOLATE THIS ACT AND REQUIRE A CORRECTIVE ACTION PLAN FOR ADDRESSING THE VIOLATION; TO EXEMPT THE NETWORK PROVIDER OVER WHICH THE TEXT MESSAGE IS SENT FROM LIABILITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. As used in this act, the following terms shall have the meanings ascribed in this section, unless context of use clearly requires otherwise:

(a) "Encrypted" means processing plaintext data into ciphertext with the goal of ensuring that the plaintext data is accessible only to parties authorized by the plaintext data's owner.

(b) "Texting software" means the software that comes preloaded on a wireless device, and any subsequent updates to the software, which enables the wireless device to send a text message to or receive a text message from all or substantially all United States telephone numbers capable of sending or receiving a text message.

SECTION 2. (1) When a person sends a text message to or receives a text message from an individual or a group using the texting software on a wireless device, the texting software provider for the wireless device sending the text message shall ensure all of the following:

(a) That the data sent in the text message is encrypted, and that the texting software selects a network that is compatible with and supports such encryption when selecting a communication network to send the text message to another wireless device;

(b) A photo, video or other media sent in the text message is sent in its original quality without degradation;

(c) That the person who sent the text message receives a real-time notification that the recipient of the text message has viewed it, if the text message recipient has enabled such a notification function on the wireless device;

(d) That the intended recipient of a text message is sent a real-time notification that a person is typing text, if the text message sender has enabled such a notification function on the wireless device.

(2) The obligations in subsection (1) shall not apply to the extent that:

(a) The wireless device sending or receiving a message is incapable of sending or receiving encrypted text messages; or

(b) A person sending or receiving a text message is in an area with network coverage that does not permit encrypted texts to be sent or received; provided that, in each case, the texting software provider must first attempt to send or deliver an encrypted message.

SECTION 3. (1) The Attorney General may bring an action against a texting software provider that has violated this act and may require a corrective action plan for addressing the violation.

(2) The network provider over which the text message is sent shall not be liable under this act.

SECTION 4. The act shall take effect and be in force from and after January 1, 2025.