Trial could force Meta to add age verification, kill infinite scroll, and limit encryption for minors
(http://iili.io/BQiUqpR.jpg)
Why it matters: A judge in Santa Fe will spend the next three weeks deciding whether Meta's platforms have created a public nuisance in New Mexico – a determination that could force major changes to how Facebook, Instagram and WhatsApp work, or potentially push the company out of the state entirely. The bench trial starting Monday is the second phase of a lawsuit filed by New Mexico Attorney General Raúl Torrez, who's accused Meta of building products designed to hook young users while doing little to stop child sexual exploitation.
Back in March, a jury already found the company violated the state's consumer protection law by lying about platform safety and hit Meta with $375 million in damages.
Public nuisance law usually goes after things like factories dumping chemicals in rivers or businesses blocking roads – activities that mess with public health and safety. But states have started using it more broadly over the past few decades, going after tobacco companies, opioid makers and now social media platforms.
Judge Bryan Biedscheid has to decide whether Meta's conduct fits that standard under New Mexico law. More than 40 other states and over 1,300 school districts are watching this case closely because they've filed similar lawsuits trying to force platform changes.
Massachusetts' top court ruled in April that Meta has to face a public nuisance case there too, rejecting the company's Section 230 immunity defense.
The state is pushing for age verification systems that would stop adults from pretending to be minors, algorithm overhauls that don't just chase engagement metrics for kids, and killing features like autoplay and infinite scroll for underage users. They also want warning labels, permanent bans for adults who help enable exploitation, and limits on end-to-end encryption for minors.
(http://iili.io/BQiggi7.jpg)
An independent monitor appointed by the court would enforce all this, though Torrez said at a press conference last week they haven't picked anyone yet. "It will be an opportunity for us to explore more deeply the size and scale and effectively the monetary value of the public nuisance harm that was a product of this business's behavior for the last, you know, 10 or 15 years," he told reporters.
Beyond platform changes, New Mexico can ask for damages to fix the harm. Meta says in court filings the state wants $3.7 billion for a 15-year mental health program that would include building new facilities and hiring providers – basically forcing Meta to pay for mental health care for every teen in New Mexico regardless of why they need it. The attorney general's office hasn't said publicly what dollar figure they're actually seeking.
Meta fired back that most of what New Mexico wants is "technologically or practically infeasible" and would require building completely separate apps just for New Mexico users. The company warned it might have to pull Facebook, Instagram and WhatsApp from the state's 2.1 million residents rather than try to comply.
Torrez called that a "PR stunt." "We know Meta has the ability to make these changes. For years, the company has rewritten its own rules, redesigned its products and even bent to the demands of dictators to preserve market access," he said. "This is not about technological capability. Meta simply refuses to place the safety of children ahead of engagement, advertising revenue and profit."
The company says it's already fixed many of the problems New Mexico complained about and has taken serious steps to protect young users. In court filings, Meta argues it couldn't have created a public nuisance because it hasn't interfered with any public right.
Meta also says there's no scientific proof social media causes mental health problems, and that the state's demands would trample on parental rights and free speech for everyone in New Mexico.
source (http://www.techspot.com/news/112280-meta-new-mexico-lawsuit-could-force-facebook-instagram.html)