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Mississippi: AG files a brief with Fifth Circuit of Appeals regarding Walker Montgomery Protecting Children Online Act
On August 30, 2024, the Mississippi Attorney General (AG) Lynn Fitch announced that she filed a brief in the Fifth Circuit of Appeals to vacate the preliminary injunction ruling of July 2024, blocking HB 1126, the Walker Montgomery Protecting Children Online Act (the Act) from taking effect.
The AG outlined that the Act requires covered platforms to take 'commercially reasonable' actions to protect minors by, among other things, verifying a user's age, obtaining parental consent for child users, and adopting a strategy to mitigate the harm to children inflicted on those platforms.
In particular, the AG highlighted that such efforts must not be perfect, state-of-the-art, cost-prohibitive, or even effective efforts, but efforts reflecting a bare minimum of reasonable care in light of the platform's resources.
You can read the press release here and the full brief here.
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