Meta $META is raising the prospect of shutting down Facebook, Instagram, and WhatsApp in New Mexico rather than comply with a set of child safety measures a state court is considering in a bench trial scheduled for next week.
A court filing from Meta described the state's requirements as "in many cases technologically impractical or completely impossible," warning that compliance would force the company to develop entirely New Mexico-specific versions of its apps. "If a workable solution to Attorney General Torrez's demands is not reached, we may have no choice but to remove access to its platforms for users in New Mexico entirely," a Meta spokesperson said in a statement.
New Mexico Attorney General Raúl Torrez dismissed the threat as a "PR stunt," according to the Hill. "Meta's refusal to follow the laws that protect our kids tells you everything you need to know about this company and the character of its leaders," Torrez said. Torrez pushed back on the technical feasibility argument, pointing to Meta's track record of overhauling its own policies and products — including accommodating foreign governments — when business interests were at stake.
Meta's filing identified several requirements it considers unachievable, among them a 99% detection rate for new child sexual abuse material, a 99% accurate system for confirming that child users are at least 13, and the removal of infinite scroll — a feature the company characterized as a "foundational aspect" of how its platforms function. Prosecutors are additionally seeking a requirement that every child account be tied to a parent or guardian, along with the appointment of a court-supervised monitor charged with overseeing the company's progress on safety.
The bench trial next week follows a landmark civil jury verdict last month in which Meta was ordered to pay $375 million in damages after jurors found the company had violated New Mexico's Unfair Trade Practices Act on 37,500 separate counts by exposing children to sexual exploitation and concealing the dangers of its platforms. Jurors determined the violations were deliberate, applying the maximum $5,000 penalty per count. Meta said it would appeal the verdict.
New Mexico's case, which began with a 2023 undercover investigation in which state agents constructed a fictitious profile impersonating a 13-year-old girl, was the first among more than 40 state attorneys general suits against Meta to reach trial. Most of those cases are being pursued in federal court.
Pulling Meta's services from the state would reach roughly 2.1 million New Mexico residents, the AP noted, severing both personal communications and advertising activity that businesses conduct through Meta's platforms. Eric Goldman, codirector of the High Tech Law Institute at Santa Clara University School of Law, told the AP that Facebook has historically declined to operate in certain markets where the resources required to run a separate service exceed what that territory offers in return — a dynamic he said could apply to New Mexico.
Torrez said he doubted the company would follow through. "I highly doubt that they're going to be willing and able to turn the lights off for their product all over the country," he said.