SMK Act of 2025
- Bill Number
- H.R. 6257
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-12-11: Forwarded by Subcommittee to Full Committee by Voice Vote.
- Last Updated
- 2026-02-23T16:53:52Z
AI-Generated Summary
Purpose
The Safe Messaging for Kids Act of 2025 (SMK Act) aims to protect minors under 17 from risks like grooming, harassment, or exploitation on social media by banning "disappearing" (ephemeral) messages for minors and requiring platforms to offer parental tools to control direct messaging (private chats) between minors and others.
Key Provisions
- Prohibition on Ephemeral Messaging: Social media platforms cannot offer disappearing messages—features that automatically delete or hide content after a short time, once viewed, or when leaving a chat—to users known or reasonably believed to be minors (called "covered users"). Exceptions include manual deletions by users or temporary data handling during transmission.
- Parental Direct Messaging Controls: Platforms must provide easy-to-use tools for parents of minors, activated via verifiable parental consent (a secure method to confirm a parent's identity, similar to rules under the Children's Online Privacy Protection Act or COPPA). These tools include:
- Default notifications for requests from unapproved contacts (strangers without parent approval), allowing parents to approve or deny before any chat starts.
- Options to view and manage approved contacts, get alerts if a minor changes their age on their profile, or fully disable direct messaging.
- For minors under 13, direct messaging is disabled by default; parents must consent to enable it.
- Platforms must make controls accessible in settings or parental dashboards, user-friendly with clear explanations, and prominently displayed for parents or when creating minor accounts.
- Platforms cannot reduce other features' quality for minors using these controls and must prevent easy workarounds by minors.
- App Store Warnings: App stores must alert parents if a minor tries to download a social media app with direct messaging without parental consent, if the parent has set such requirements in the store.
- Enforcement: The Federal Trade Commission (FTC) treats violations as unfair or deceptive practices, with full FTC powers to investigate and penalize. States can sue on behalf of residents but must notify the FTC first; federal actions pause state suits against the same parties.
- Encryption Protections: The law does not require platforms to weaken encryption (secure coding that protects message privacy) or monitor private chats; controls must be implemented without compromising user security.
- Preemption and Severability: Overrides conflicting state laws; if any part is ruled invalid, the rest remains in effect.
- Effective Date: Takes effect 180 days after enactment, with 1 year for parental controls and 18 months for app store compliance.
Significant Changes to Existing Law
- Builds on COPPA by expanding verifiable parental consent to direct messaging controls, but applies to users up to age 17 (COPPA covers under 13).
- Introduces new federal mandates on social media features, unlike prior laws focused on data collection; prohibits ephemeral messaging outright for minors, a novel restriction not in current federal statutes.
- Enhances FTC authority over platforms' youth protections, treating violations like deceptive business practices, while allowing state enforcement with federal oversight—streamlining but limiting fragmented state rules via preemption.
Potential Impacts
- On Government Agencies: Increases FTC workload for enforcement, investigations, and guidance; enables coordinated state-federal actions, potentially reducing duplicative lawsuits.
- On Citizens: Empowers parents with more oversight of minors' online interactions, potentially reducing exposure to unsolicited contacts; minors may face fewer privacy-eroding features but could find platforms less engaging if messaging is restricted.
- On International Relations: Minimal direct impact, though U.S. platforms operating globally may need to adjust features worldwide to comply, affecting foreign users and possibly prompting international debates on child online safety standards.
- Overall, could lead to safer online environments for youth but require platforms to invest in tech updates, possibly raising costs passed to users.
Main Stakeholders
- Social Media Platforms: Must redesign apps to disable features for minors, implement controls, and ensure compliance without weakening security; face penalties for violations.
- App Stores: Responsible for parental warnings during downloads, adding operational requirements.
- Parents and Minors: Parents gain control tools; minors (under 17) benefit from protections but may have limited messaging options.
- Federal Trade Commission (FTC) and State Attorneys General: Lead enforcement, with states acting as advocates for residents.
- Tech Developers and Users: Broader internet community affected by changes to app designs and privacy standards.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on FTC's existing authority over unfair practices, avoiding new agencies; verifiable consent ties to COPPA precedents, reducing legal challenges. Preemption centralizes regulation federally, potentially limiting state innovations in child protection.
- Constitutional: Respects First Amendment by not censoring content but regulating platform features; encryption safeguards address Fourth Amendment privacy concerns, preventing government-mandated backdoors. Age verification methods could raise due process issues if overly intrusive.
- Political: Signals growing bipartisan focus on youth online safety amid concerns over social media harms; may spark debates on balancing protection with free speech and innovation, influencing future tech regulations like those on data privacy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Davis, Donald G. [D-NC-1]
Recent Actions
- 2025-12-11: Forwarded by Subcommittee to Full Committee by Voice Vote.
- 2025-12-11: Subcommittee Consideration and Mark-up Session Held
- 2025-11-21: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
- 2025-11-21: Referred to the House Committee on Energy and Commerce.
- 2025-11-21: Introduced in House
- 2025-11-21: Introduced in House
Bill Versions
- Safe Messaging for Kids Act of 2025 — issued 2025-11-21 — PDF (16 pages)