New Mexico launches public nuisance trial against Meta over child safety

New Mexico Attorney General Raúl Torrez has commenced a three-week public nuisance trial against Meta in Santa Fe, seeking court-ordered changes to the social media giant's business practices. The state argues that Meta has created a public health hazard for children within the state and is requesting remedies that would fundamentally alter how the company operates in New Mexico. This legal phase follows a previous verdict that secured a $375 million penalty, but the current trial focuses exclusively on operational reforms rather than seeking additional financial damages.

The Attorney General's office is asking the court to mandate specific changes, including the implementation of age verification for all users and the prohibition of end-to-end encryption for users under the age of 18. The state also requests limits on screen time, capping usage to 90 hours per month for minors, and restrictions on engagement-boosting features such as infinite scroll and autoplay. Furthermore, the trial seeks a mandate requiring Meta to detect 99 per cent of new child sexual abuse material.

Judge Bryan Biedscheid will be responsible for evaluating the relevance and feasibility of the state's proposals, a process that is expected to take longer than the initial jury verdict. The trial will involve approximately 15 witnesses, including experts on the feasibility of the proposed remedies and fact witnesses regarding alleged harms. While any changes ordered by the judge would apply only to Meta's operations within New Mexico, the company might voluntarily apply similar changes elsewhere or simply cease operations in the state.

Meta's legal team has argued that the state's demands are ill-informed and could create massive additional exposure for other forms of exploitation. The company notes technical impossibilities in proving a 99 per cent detection rate without first achieving 100 per cent detection. Additionally, Meta points out that banning encryption might drive users to other platforms not covered by the lawsuit, while acknowledging that other features, such as profile recommendations connecting adults and minors, may pose clearer dangers.

Privacy advocates have warned that mandatory age verification could require collecting more personal data on adults and minors, potentially making users less safe. Experts caution that banning encryption might drive users to other platforms not covered by the lawsuit, while noting that other features may pose clearer dangers. The trial outcome will apply only to Meta's operations in New Mexico, though the company might voluntarily apply changes elsewhere or simply cease operations in the state.

The case has broader implications for Section 230, the law protecting tech platforms from liability, which Torrez has been advocating to overhaul. Torrez recently visited Washington, DC, to advocate for new protections for kids online and an overhaul of Section 230, arguing that the current law creates ambiguity that allows companies to hide behind legal shields.