* Court-ordered changes could affect social media
platforms significantly
* New Mexico may seek restrictions on content for minors,
'infinite scroll'
* State may seek greater award in second phase of trial
By Jeff Horwitz and Diana Novak Jones
NEW YORK, March 26 - Talk about regulating social media
to make it safer for children often gravitates around the U.S.
Capitol and the EU headquarters in Brussels. But following a New
Mexico jury verdict, a district court in Santa Fe carries some
heft, too.
On Tuesday, a jury found Meta liable for violating New
Mexico's consumer protection laws and endangering children by
enabling child sexual exploitation on its platforms, imposing a
$375 million penalty. The verdict sets up a second phase of the
case in May, when Judge Bryan Biedscheid is scheduled to hold a
bench trial on the state's claims that Meta created a "public
nuisance" that harmed residents' health and safety. That
proceeding could result in the court ordering changes to the
design of Facebook, Instagram and other apps used by teenagers.
This power to compel product changes sets New Mexico's case
apart from thousands of private suits filed on behalf of
plaintiffs alleging Meta's services harmed them, like another
landmark social media addiction case in Los Angeles that Meta
and Google lost this week.
New Mexico's win also bolsters states seeking to assert
themselves in compelling change at tech companies amid paralysis
in Washington, including legislation requiring tougher
age-checking measures and restricting algorithmic feeds for
young people.
NEW MEXICO EYES OPTIONS FOR META CHANGES
In an interview, New Mexico Attorney General Raúl Torrez
laid out a wide range of prospective changes to Meta's products
that the state may pursue. They include asking the court to
restrict the types of content recommended to minors, to limit
the frequency and timing of social media notifications prodding
teenagers to log on, to restrict the "infinite scroll" of
content for children and to tighten age verification procedures.
The state will also propose a plan to mitigate harm already
done by Meta's products to New Mexico residents.
"It's not out of the realm of possibility that we ask for
and receive an even greater award" at the second stage of the
trial than the first, Torrez said. "But my perspective has been
to focus on the changes of the product itself."
Torrez, a Democrat, said the state would likely ask
Biedscheid to appoint an independent monitor or special master
who would oversee Meta's compliance with New Mexico consumer
protection law over the course of years.
"I'm not sure at the initial stage we're going to be
articulating a super specific path in terms of what the court
would do," he said.
Attorneys general have increasingly turned to public nuisance
law, a legal doctrine that allows governments to sue over
conduct they say unreasonably interferes with public health or
safety, to target industries accused of causing widespread
social harm, including opioid manufacturers.
LIABILITY SHIELD IN FOCUS
Even if successful, New Mexico's effort faces a long road.
Meta spokesperson Andy Stone said the company would appeal the
original jury verdict and that "we will continue to defend
ourselves vigorously."
The appeal is expected to raise questions about Section 230
of the Communications Decency Act, the federal law that has long
shielded tech companies from liability over user-generated
content.
Stone noted that Meta has made numerous safety upgrades to
its platforms since the suit was filed - some that overlap with
features sought by Torrez. The company has launched dedicated
accounts for teen users with notifications turned off by default
at night, added age verification features and announced its
intention to filter out age-inappropriate content.
Meta recently said it was removing end-to-end encryption
from Instagram's messaging feature. While Meta said it is
removing encryption due to lack of use, the change was
celebrated by child safety advocates.
The company indicated it would continue offering encrypted
messaging on WhatsApp, without addressing its plans for
Facebook's Messenger.
Max Willens, an analyst for eMarketer, said he was skeptical
New Mexico would be able to force changes to the content
recommendation systems at the core of Facebook and Instagram.
"Algorithm modification is not a likely remedy, but it is
among the list of possible changes that could be required," he
said. "The second phase of this trial may be more consequential
to social media platforms than the first."
Court-ordered relief is even more difficult to secure for
individual plaintiffs, noted Matthew Bergman of the Social Media
Victims Law Center, one of the attorneys representing the
plaintiff in the Los Angeles case that alleged Meta, YouTube and
other social media companies negligently designed their products
in ways that harmed users' mental health.
On Wednesday, a jury awarded the woman a $6 million combined
judgment against Meta and Google, in what is widely regarded as
a test case for thousands of cases alleging similar harm.
Torrez acknowledged that regulating global social media
platforms' approach to online youth via state courts was
"probably not the most efficient" way of tackling social media
product design, but said he did not want to "wait any longer for
a system to deliver what it should have 15 years ago."
He added while New Mexico's case is focused on child
predation and grooming, the dozens of state attorneys general
pursuing cases against Meta for damaging youth mental health
more broadly also aim to force changes to products. Since the
verdict, Torrez said his office has fielded questions from other
states and regulatory bodies overseas.
"I have an expectation that Meta is in for a wave of
litigation," he said. "I've been real clear with colleagues that
they could set up undercover investigations on these platforms
right now and yield the same results."