A New Mexico judge has expressed concerns over the breadth of proposed changes aimed at reviewing the safety of Instagram and Facebook. This statement came Monday during proceedings related to the state’s legal actions against these social media platforms.
New Mexico Attorney General Raul Torrez is advocating for extensive legal reforms and fines that could reach $3.7 billion following a jury’s ruling last month. They held that Mark Zuckerberg’s platforms failed to adequately safeguard children from sexual predators. Judge Brian Biedscheidt is overseeing the second trial, which will evaluate the appropriateness of the requested changes.
“I’m a judge, not a legislator,” Biedscheidt remarked as the trial resumed.
The judge emphasized the importance of ensuring that any modifications mandated by the court effectively address the verified harms caused by these platforms, without placing him in the role of a “one-man lawmaker.”
He will also determine whether the failures associated with these platforms can be classified as a “public nuisance” under New Mexico law, and he will issue an order for relief. Previously, a jury had imposed a $375 million damages order against these platforms.
Torrez defended the proposed changes, claiming they are reasonable, achievable, and backed by experts focused on child safety and technology. He argued that companies are prioritizing profits over the well-being of children in their refusal to comply.
As previously reported, there have been threats from Mehta to cut off access to the platforms entirely if the court mandates what he considers “impractical” safety measures. The social media company contends that the relief sought by Torres is excessively broad and burdensome, rendering compliance unrealistic.
Torrez countered, suggesting that Meta’s threats are simply public relations maneuvering, demonstrating the company’s lack of concern for child safety.
Proposed changes include implementing robust age verification for accounts and creating recommendation algorithms that prioritize user safety over engagement. There are also calls for restrictions on end-to-end encrypted messaging for minors and for Meta to issue warning labels about app risks, alongside establishing an independent oversight board to ensure compliance with these measures. The state claims that their detection measures have a “99% detection rate for new child sexual abuse material.”
A spokesperson from Meta responded, labeling the state’s demands as “technically unrealistic” and untenable while maintaining the complexities of the Internet.
Experts have noted that Meta’s threat to fully block the app could complicate matters further. “It seems like it would be very easy for users to work around such measures, like by using a VPN,” suggested Ryan Caro, a law and technology professor at the University of Washington. He raised questions about accountability if New Mexico residents continued accessing Facebook despite such actions.
