New Mexico Judge Skeptical of State's Proposed Safety Overhaul for Meta Platforms

A judge in New Mexico warned that the state's proposed safety fixes for Meta's Instagram and Facebook platforms might go too far, emphasizing his role is not to act as a legislator or regulator. The comments came as the second phase of a trial began on Monday to determine appropriate remedies following a jury's ruling last month.

The jury found Meta violated state consumer protection law by misrepresenting the safety of its platforms for young users and ordered the company to pay $375 million in damages. The state, led by Attorney General Raúl Torrez, is pushing for changes including effective age verification, safer recommendation algorithms, limits on encrypted messaging for minors, warning labels on risks, an independent oversight committee, and a 99% detection rate for new child sexual abuse material.

Torrez described these as reasonable and supported by experts. Meta contends the demands are technically impractical and impossible to meet.

The judge stated his goal is to address proven harms without overstepping into legislative territory, as the court considers whether Meta's failings constitute a public nuisance under state law. This designation could allow court-ordered remedies. The state also seeks up to $3.7 billion in additional penalties.

Meta has threatened to cut off access to Instagram and Facebook in New Mexico if impractical features are mandated, calling the requests overly broad and burdensome. Torrez dismissed this as a PR stunt, asserting it shows the company's disregard for child safety.

A Meta spokesperson reiterated that the proposals disregard internet realities.

“The changes we’re seeking are reasonable, achievable, and supported by child safety and technology experts.”

Experts noted that a state-specific blackout would be easy to circumvent, such as with VPNs, potentially complicating enforcement. Ryan Calo, a University of Washington professor focused on law and technology, said residents would likely still access the platforms, raising questions about responsibility for ongoing use.

He added that Meta would still face liability for prior behavior. The trial follows the jury's March finding that Meta failed to protect kids from sexual predators on its platforms. Sources agree the case tests claims of harm to young users' mental health.

Meta's CEO Mark Zuckerberg testified in the initial phase.

Mexico's lawsuit alleges Meta misrepresented platform safety, leading to the consumer protection violation ruling. The second phase will decide on the proposed fixes' appropriateness. While sources concur on the jury's damages award, they highlight the dispute over remedy scope.

The state wants algorithms prioritizing safety over engagement time and restrictions on features for minors. Meta argues no company could comply with such standards. The judge's skepticism underscores the tension between judicial remedies and broader regulation.