Sometimes, a threat lands as a threat. Other times, it comes off like, well, an advertisement for the New Mexico tourist bureau. In court filings (via SourceNM), Meta warned that if a judge sides with the NM Department of Justice in an upcoming bench trial, the company may be forced to shut down its apps for users in the state. NM Attorney General Raúl Torrez described Meta’s threat to pull the plug on its apps as a “PR stunt.”
Last month, a Santa Fe jury held Meta liable for $375 million in damages to NM over the company’s failure to protect child users from online predators. The company’s warning was made ahead of the trial’s second phase, scheduled to begin next week.
In the May 4 bench trial, NM District Judge Bryan Biedscheid will determine whether Meta caused a “public nuisance” and should therefore fund related state programs. NM DOJ lawyers will also argue that Meta needs to make several changes to its platform. These include adding age verification, removing predators, and “protecting minors from encrypted communications that shield bad actors.”
Meta’s response, unsealed on Thursday, reportedly described the state’s demands as “so broad and burdensome that if implemented, it might force Meta to withdraw its apps entirely.” “It does not make economic or engineering sense for Meta to build separate apps just for New Mexico residents,” it continued. The company also claimed that the state lacks the authority to implement its desired changes and that doing so would violate free speech.
In a statement sent to Engadget, NM AG Torrez dismissed Meta’s claims that the proposed remedies weren’t feasible. “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. This is not about technological capability. Meta simply refuses to place the safety of children ahead of engagement, advertising revenue, and profit.”
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