[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6257 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 6257
To protect minors from harms associated with ephemeral messaging
features and unsolicited direct contact on social media platforms by
prohibiting certain ephemeral messaging features for minors and
mandating the provision of parental direct messaging controls, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2025
Mr. Dunn of Florida introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To protect minors from harms associated with ephemeral messaging
features and unsolicited direct contact on social media platforms by
prohibiting certain ephemeral messaging features for minors and
mandating the provision of parental direct messaging controls, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Messaging for Kids Act of
2025'' or the ``SMK Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) App.--The term ``app'' means a software application or
an electronic service that may be run or directed by a user on
a computer, gaming device, mobile device, or any other general
purpose computing device.
(2) App store.--The term ``app store'' means a publicly
available website, software application, or other electronic
service that distributes and facilitates the download onto a
mobile device of an app from a third-party developer by a user
of a computer, gaming device, mobile device, or any other
general purpose computing device.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Covered user.--The term ``covered user'' means a user
of a social media platform if the provider of such social media
platform--
(A) has actual knowledge that the user is a minor;
or
(B) would know that the user is a minor if not for
willful disregard by the provider.
(5) Direct messaging feature.--
(A) In general.--The term ``direct messaging
feature'' means a function of a social media platform
that enables a user to send a message, image, video,
audio, or other communication directly to another user
or a group of users of the social media platform.
(B) Exclusion.--The term ``direct messaging
feature'' does not include a function of a social media
platform that enables a user to post content on the
social media platform to--
(i) a public or semi-public profile; or
(ii) a feed accessible to a broader group
of users.
(6) Ephemeral messaging feature.--
(A) In general.--The term ``ephemeral messaging
feature'' means a function of a social media platform
that permanently deletes or renders inaccessible a
message, image, video, audio, or other communication
sent between users of the social media platform (such
that neither the sender nor any recipient of such
communication may readily retrieve or review the
communication in the original form through the social
media platform)--
(i) after a predetermined period;
(ii) once viewed by such a recipient; or
(iii) upon exiting the specific chat or
messaging interface.
(B) Exceptions.--The term ``ephemeral messaging
feature'' does not include--
(i) a function of a social media platform
that allows a user of the social media platform
to manually delete a message, image, video,
audio, or other communication sent by such user
after the transmission of the communication (if
such deletion does not automatically occur for
each recipient of the communication or by the
default design of such function); or
(ii) standard data volatility in transit or
temporary caching not designed to make such a
communication permanently inaccessible after
viewing or a short, predetermined time.
(7) Minor.--The term ``minor'' means an individual under
the age of 17 years.
(8) Parent.--The term ``parent'' means an individual who is
an adult with the legal right to make a decision on behalf of a
minor, including any of the following:
(A) A natural parent.
(B) An adoptive parent.
(C) A legal guardian.
(D) Another individual with legal custody of the
minor.
(9) Parental direct messaging controls.--The term
``parental direct messaging controls'' means a set of tools or
settings that a provider of a social media platform provides to
a parent of a covered user of the social media platform that
allows the parent to manage the use of a direct messaging
feature by such covered user.
(10) Social media platform.--The term ``social media
platform'' means a website or an app that enables a user of the
website or app to do any of the following:
(A) Create and maintain a public or semi-public
profile that serves as a central representation of the
identity and activity of such user.
(B) Connect with other users to form a network or
community based on personal relationships, shared
interests, or direct reciprocal interactions.
(C) Share and consume user-generated content
primarily within the context of such network or
community, where the direct social interaction between
the users in the network or community is a core and
defining aspect of the dissemination of and engagement
with such user-generated content.
(D) Engage in persistent and private or semi-public
interpersonal communication and interaction that is
integral to the experience of such user on such website
or app (rather than incidental to the consumption of
content or the retrieval of information).
(11) Unapproved contact.--The term ``unapproved contact'',
with respect to a covered user for whom parental direct
messaging controls have been activated, means a user of a
social media platform with respect to whom the covered user may
not use a direct messaging feature unless a parent of such
covered user has provided verifiable parental consent under
this Act.
(12) Verifiable parental consent.--The term ``verifiable
parental consent''--
(A) has the meaning given that term in section 1302
of the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6501); and
(B) includes ongoing mechanisms for parents to
activate and manage parental direct messaging controls
provided under this Act.
SEC. 3. PROHIBITION ON EPHEMERAL MESSAGING FEATURES FOR MINORS.
A provider of a social media platform may not offer, provide, or
enable any ephemeral messaging feature of such social media platform to
any covered user of the social media platform.
SEC. 4. PARENTAL CONTROLS FOR DIRECT MESSAGING OF MINORS.
(a) Requirement.--A provider of a social media platform that
offers, provides, or enables any direct messaging feature of such
social media platform to any covered user of the social media platform
shall provide easily accessible and usable parental direct messaging
controls to a parent of the covered user that the parent may activate
and manage by providing verifiable parental consent.
(b) Accessibility; Usability; Awareness.--The parental direct
messaging controls described in subsection (a) shall meet the following
requirements:
(1) Be clearly and conspicuously accessible to a parent of
a covered user through--
(A) the settings of a profile of the covered user;
and
(B) any parental portal or interface offered by the
social media platform.
(2) Be designed to be user-friendly with clear explanations
of the manner in which the parental direct messaging controls
operate.
(3) Be prominently displayed by the social media platform
to--
(A) a user who indicates that the user is a parent;
and
(B) a user who creates a profile for an individual
who is likely to be a covered user.
(c) Functionality of Controls.--As a default setting on a social
media platform, the parental direct messaging controls described in
subsection (a) shall allow a parent of a covered user of the social
media platform to do any of the following (unless the parent adjusts
the default setting with respect to any of the following by providing
verifiable parental consent):
(1) Receive a timely notification that--
(A) alerts the parent about a request from an
unapproved contact who seeks to engage in direct
messaging with the covered user; and
(B) allows the parent to approve or deny the
request before the unapproved contact and the covered
user engage in any direct messaging.
(2) View and manage a list of any contacts approved for
engaging in direct messaging with the covered user.
(3) Be informed if the covered user changes the age listed
on a profile of the covered user (if any such change affects
the applicability of such parental direct messaging controls).
(4) Disable any direct messaging feature of a profile of
the covered user.
(d) Default Settings for Covered Users Under 13.--
(1) Requirement.--A provider of a social media platform, as
a default setting, shall disable any direct messaging feature
of a profile of a covered user under the age of 13.
(2) Verifiable parental consent.--A parent may provide to a
provider of a social media platform verifiable parental consent
to enable any direct messaging feature of a profile of a
covered user described in paragraph (1).
(e) No Degradation of Other Features or Services.--A provider of a
social media platform may not degrade the functionality or availability
of any other feature or service of the social media platform for a
covered user of the social media platform based on the activation or
management of parental direct messaging controls by a parent of the
covered user under this section (except as necessary to implement the
parental direct messaging controls).
(f) No Circumvention.--A provider of a social media platform shall
take reasonable measures to prevent a covered user of the social media
platform from easily circumventing parental direct messaging controls
activated and managed by a parent of the covered user under this
section.
SEC. 5. APP STORE WARNING FOR APPS WITH DIRECT MESSAGING FEATURES.
A provider of an app store shall provide a clear and conspicuous
warning to a parent of a covered user when the covered user attempts to
download or purchase an app with respect to a social media platform
that includes a direct messaging feature if the parent has required the
provision of verifiable parental consent from the parent through a
setting provided by such app store for any such download or purchase by
the covered user.
SEC. 6. ENFORCEMENT.
(a) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act shall be treated as a violation of a regulation under
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--The Commission shall enforce
this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this Act, and any person who violates this Act shall be subject
to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(b) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has
been or is threatened or adversely affected by an act or
practice in violation of this Act, the State, as parens
patriae, may bring a civil action on behalf of the residents of
the State in an appropriate State court or an appropriate
district court of the United States to--
(A) enjoin such act or practice;
(B) enforce compliance with this Act;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Commission a written notice of such action
and a copy of the complaint for such action. If the attorney
general, official, or agency determines that it is not feasible
to provide the notice described in this paragraph before the
filing of the action, the attorney general, official, or agency
shall provide written notice of the action and a copy of the
complaint to the Commission immediately upon the filing of the
action.
(3) Authority of commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Commission or the Attorney General
of the United States has instituted a civil action for
violation of this Act (referred to in this subparagraph
as the ``Federal action''), no State attorney general,
official, or agency may bring an action under this
subsection during the pendency of the Federal action
against any defendant named in the complaint in the
Federal action for any violation of this Act alleged in
such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
SEC. 7. RULES OF CONSTRUCTION ON ENCRYPTION.
(a) No Requirement To Weaken or Impair Encryption.--Nothing in this
Act may be construed to require a provider of a social media platform
or of any other interactive computer service or electronic
communication service to--
(1) decrypt or ensure an ability to decrypt an encrypted
communication of a user;
(2) preclude the use of any form of encryption, including
end-to-end encryption, for any communication of a user; or
(3) design, build, or implement any feature, function,
software, hardware, or other capability for the purpose of
weakening, undermining, circumventing, or overcoming any
security control, including encryption, that is used to protect
the privacy or security of any communication or data of a user.
(b) Preservation of Privacy and Security.--This Act shall be
implemented in a manner that--
(1) respects and protects the privacy of a user and the
security of any communication of a user; and
(2) does not require or encourage the systemic surveillance
or monitoring of any encrypted communication of a user or the
creation of any capability that would allow for such systemic
surveillance or monitoring.
(c) Implementation of Act.--No requirement under this Act to
restrict any feature for a covered user or to provide parental direct
messaging controls for a direct messaging feature of a social media
platform may be construed to override any protection for an encrypted
communication described in this section and a provider of a social
media platform shall adhere to any such requirement, to the maximum
extent technically feasible, through means that do not compromise the
integrity of strong encryption offered to any user of the social media
platform.
SEC. 8. PREEMPTION.
No State, or political subdivision of a State, may maintain,
enforce, prescribe, or continue in effect any law, rule, regulation,
requirement, standard, or other provision having the force and effect
of law that relates to the provisions of this Act.
SEC. 9. SEVERABILITY.
If any provision of this Act or the application of this Act to any
person or circumstance is held to be unconstitutional, the remaining
provisions of this Act and the application of this Act to other persons
or circumstances shall not be affected.
SEC. 10. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall take effect on the date that is 180 days after the date of the
enactment of this Act.
(b) Compliance Deadlines.--Notwithstanding subsection (a)--
(1) a provider of a social media platform shall have 1 year
after the date of the enactment of this Act to comply with the
provisions of section 4; and
(2) a provider of a social media platform shall have 18
months after the date of the enactment of this Act to comply
with the provisions of section 5.
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