Two jurors are currently examining a series of cases that could either lead to a legal crisis for Meta or maintain the status quo in a steep battle over imposing changes or penalties on technology platforms in court.
See also: Instagram's encryption rollback leaves us all more vulnerable
Yesterday, a juror in New Mexico heard the final arguments in a trial where Meta is accused of facilitating pedophiles on its platforms — accusations the company vehemently denies. A juror in Los Angeles is expected to reach a decision in a separate case regarding whether Meta and Google should be held responsible for manufacturing defective products that addict a young woman.
Decisions against the company could lead to compensation and civil penalties that could exceed $2 billion. More importantly, such an outcome could invite more legal actions after years of failed or delayed attempts to sue technology companies for alleged damage.
This is only the tip of the iceberg for Meta and many other tech platforms that are set to face several more lawsuits this year. Meta's products, Facebook and Instagram, have often been criticized for the alleged failure of the tech industry to protect children online, fueled by leaks from former employees such as Frances Haugen. Meta argues that harm to users is not good for business.
See also: WhatsApp: New parent-managed accounts for children
During closing arguments in New Mexico, Linda Singer, an attorney representing the state, told jurors that Meta failed to install adequate protections for young people on its services and misled the public about the safety of its products. During the six-month trial, the state presented evidence of Meta’s internal discussions and undercover operations by state investigators.
“Meta chooses how to design its algorithm,” Singer said. “When you optimize for an index, the algorithm takes all of that data to improve. Right now, it’s improving given the goal of showing interesting content. But Meta could choose to program its algorithm to improve on safety, on integrity, on things that keep kids safe.” While Meta has promoted numerous additional child safety features over the years, Singer compared them to “adding a filter to a cigarette. It doesn’t change the fundamental nature of the product or make it safe.”
See also: Child Online Safety Act gains traction in the US
Both jurors in New Mexico and California heard similar evidence, including testimony from a group of former Meta employees, regarding internal concerns about the platform’s protective measures and discussions about attracting users to Meta’s platforms from a young age.
