A trade association with members like Google and X filed a federal lawsuit to block the state’s new bipartisan Internet security law.
The Walker Montgomery Child Online Protection Act, or House Bill 1126, requires social media services to verify the ages of their users and ban digitally produced or digitally modified images of child pornography. The bill is named after Walker Montgomery, a Starkville teenager who took his own life after being the victim of a sex scheme.
Under the new law, minors cannot register on social media websites without their parents’ permission. Social media sites may not advertise “harmful material” to minors or collect, sell or share their personal information.
The law enters into force on July 1.
Last week, the NetChoice trade association filed a lawsuit in federal court against the state to block it. In a press release, NetChoice called the new law a violation of Mississippians’ privacy and free speech. They warned that the bill would open the door to censorship and put users’ personal information at risk.
“Parents and guardians are in the best position to control their family’s online presence. HB 1126 usurps the parental role and seizes for the state,” the lawsuit states.
NetChoice is a trade association of technology companies that protects free speech and expression online. Is a major lobbyist against government regulation of social media. Its members include major online companies such as Etsy, X and Google.
Walker Montgomery’s story inspired Jilil Ford, R-Madison, Fabian Nelson, D-Jackson, and Larry Byrd, R-Petal, to work on the bipartisan bill.
Nelson would not comment on the lawsuit, but defended the bill. “Our motivation behind this legislation was not to infringe on anyone’s rights. Our motivation with this legislation was to protect our children,” he said.
Nelson emphasized the need for legislation that keeps pace with technological advances. He was also personally affected as a father of three by Montgomery’s story.
“To sit in silence while things like this happen makes us worse than the perpetrators,” he said.
Mississippi is one of several states that has passed a law requiring social media users to verify their age. NetChoice launched lawsuits across the country challenging them in the name of protecting free speech.
American Civil Liberties Union Staff Attorney Vera Feilman was also critical of the law, saying, “Such age verification laws rob users of their anonymity, pose privacy and security risks, and can be used to block some people from of using social media in all.”
The ACLU filed an amicus brief supporting NetChioice’s lawsuit in Arkansas over a similar bill.
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