Senate Bill 2704

AN ACT CONCERNING ENCRYPTION OF TEXT MESSAGES; TO DEFINE TERMS; TO REQUIRE THAT SOFTWARE PROVIDERS FOR WIRELESS DEVICES ENCRYPT TEXT MESSAGES SENT AND RECEIVED USING THE PROVIDER'S WIRELESS SERVICE AND TEXT MESSAGING SOFTWARE; TO DETERMINE WHEN THIS ACT IS APPLICABLE; TO ALLOW THE ATTORNEY GENERAL TO BRING AN ACTION AGAINST VIOLATORS OF THIS ACT; TO BAR LIABILITY OF THE NETWORK PROVIDER OVER WHICH THE TEXT MESSAGE IS SENT; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this section, the following words have the meaning ascribed herein unless the context 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, that 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 when selecting a communication network to send the text message to another wireless device, the texting software selects a network that is compatible with and supports such encryption;

(b) That 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; and

(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) of this section will 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 chapter 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. This act shall take effect and be in force from and after January 1, 2025.