The state of New Mexico is returning to court against Meta, demanding the company implement significant changes to how Facebook, Instagram, and WhatsApp operate. This move could have far greater implications than the recent $375 million win in a child safety case. A three-week public nuisance trial is set to begin Monday in Santa Fe, where attorneys for Meta and New Mexico will argue over the changes the Attorney General seeks to have a judge compel Meta to make.
New Mexico Attorney General Raul Torres told The Verge that his initial goal was to try and change Meta‘s business practices, as $375 million, given the company’s size and profitability, is insufficient to achieve this. He believes some Meta employees likely view this sum as a cost of doing business. Proposed changes include implementing age verification for New Mexico users, prohibiting end-to-end encryption for individuals under 18 years old, limiting platform usage to 90 hours per month for minors, and restricting engagement-boosting features like infinite scroll and autoplay videos.
What Changes is New Mexico Demanding from Meta?
The Attorney General’s office also demands that Meta detect 99 percent of new child sexual abuse material. These potential changes, if ordered by the court, would apply only to Meta‘s operations in New Mexico, though the company might implement them in other states for simplicity. In response to such demands, Meta threatens to simply cease its operations in New Mexico.
What Risks and Consequences Await Meta and Other Companies?
Any court ruling could signal to other technology companies that courts are prepared to alter their business models if they are found liable. During the trial, New Mexico will argue that Meta has become a public nuisance and created a public health threat in the state. The Attorney General’s office expects to call approximately 15 witnesses, including experts who will testify on the feasibility of the proposed measures, and witnesses who will speak about the alleged harm caused by Meta.
Following Meta‘s defense, Judge Bryan Biedscheid will evaluate which proposals are relevant and feasible, a process that could take considerable time, unlike the swift jury verdict in March. While the outcome of this trial will not directly impact thousands of other lawsuits against technology companies, it will almost certainly influence negotiations for potential settlements. Some of Torres‘s demands touch on contentious issues in technology policy: age verification, for instance, would almost certainly require Meta or a third-party provider to collect more personal information from both adults and minors, which, privacy advocates have consistently warned, could make users less secure. Don McGowan, a former board member of the National Center for Missing and Exploited Children, stated that “prohibiting encrypted communications on platforms like Facebook will cause users to migrate to other platforms not covered by this lawsuit.”
Source: The Verge
