A lawsuit brought by New Mexico Attorney General Raúl Torrez against Meta over child safety online—already dealt a crushing blow to the social media giant months ago—may now reshape the entire industry.
Starting Monday, lawyers are set to return to court in a case that could classify Meta’s services, and those of its peers, as a “public nuisance”—a legal doctrine previously used against tobacco companies and opioid manufacturers, and one that could carry severe financial consequences.
'Impossible' demands
The measures under consideration would be radical by Silicon Valley standards: strict age verification using official ID, a 90-hour monthly usage cap for minors, and the elimination of infinite scroll and autoplay—features designed to keep users locked in prolonged engagement, often described as “doomscrolling.”
Perhaps most consequential is the demand to block end-to-end encryption for minors. For Meta—especially on WhatsApp—this presents both an engineering and philosophical paradox, given its long-standing emphasis on privacy.
While a $375 million fine may sound substantial, for a tech giant like Meta it is often treated as a cost of doing business. The current phase of proceedings, however, goes beyond financial penalties. Torrez is seeking structural changes to the algorithms and encryption systems behind Facebook, Instagram and WhatsApp.
A battle over control of the digital space
At the heart of the case lies a broader question: who governs the digital sphere—the profit-driven algorithm or the state tasked with protecting its citizens?
Meta argues the demands are "unfounded and dangerous," claiming that requirements such as identifying 99% of child exploitation material are mathematically impossible. While technically defensible, critics see this as an evasion of responsibility.
The irony runs deep. Infinite scroll—now under scrutiny—was introduced in 2006 by developer Aza Raskin to create a smoother browsing experience. Raskin has since expressed regret, likening the feature to "taking behavioral cocaine and just sprinkling it all over the interface."
Far-reaching implications
A ruling in New Mexico could have global consequences. If Meta is forced to build a “safe” version of Instagram for one jurisdiction, it may struggle to justify maintaining more addictive versions elsewhere.
The case signals a shift from financial penalties to structural reform—potentially the most significant confrontation in Silicon Valley in over a decade.
Rivals are already adapting. Apple has introduced on-device safety features, though it retreated from controversial plans to scan cloud content after privacy backlash. Google has expanded parental controls and age verification tools, but continues to face criticism over content surfaced on YouTube Kids.
Regulation catching up
In Europe, regulators have moved ahead with enforcement. The EU’s Digital Services Act (DSA) requires major platforms to demonstrate they are not harming minors’ mental health, with fines of up to 6% of global revenue.
In Israel, efforts to regulate child safety online remain fragmented, with limited practical impact so far. But a precedent-setting ruling in New Mexico could force global changes—affecting Israeli users as well.
Ultimately, the case may mark the end of the social media “Wild West,” ushering in an era where platforms are held accountable not only for content, but for the psychological effects of their design.