Snap has accused the New Mexico Attorney General's office of intentionally seeking out child predator accounts on its platform, mischaracterizing their own investigation into the company's child safety practices. In a motion to dismiss filed Thursday, Snap claims that the AG's complaint is based on "gross misrepresentations" and cherry-picks from Snap's internal documents.
The lawsuit, filed by AG Raúl Torrez, alleges that Snap violated the state's unfair practices and public nuisance laws by misleading users about the safety and ephemerality of its "disappearing" messages, which he claims have enabled abusers to collect and retain exploitative images of minors. However, Snap argues that the AG's office created a decoy 14-year-old account and sent friend requests to targeted usernames, including "nudedude_22," "teenxxxxxxx06," "ineedasugardadx," and "xxx_tradehot."
Snap also claims that the AG's office mischaracterized its internal documents, including blaming Snap for choosing "not to store child sex abuse images" and suggesting it failed to provide them to law enforcement. In reality, Snap says it's not allowed to store child sexual abuse material (CSAM) on its servers under federal law, and it "of course" turns any such content over to the National Center for Missing and Exploited Children as mandated.
Lauren Rodriguez, director of communications for the New Mexico Department of Justice, responded to Snap's accusations, saying that the company wants to dismiss the case to "avoid accountability for the serious harm its platform causes to children." She added that the evidence presented, including internal documents and findings from the investigation, clearly demonstrates that Snap has long known about the dangers on its platform and has failed to act.
Snap is seeking to dismiss the lawsuit on several grounds, including that the state is attempting to mandate age verification and parental controls that violate the First Amendment, and that the legal liability shield Section 230 should block the suit. The company argues that the AG's claims of Snap's alleged misrepresentation of its services are centered around "puffery-based 'catchphrases' (e.g., that Snapchat is a 'worry-free' platform) and aspirational statements regarding Snap's commitment to safety, neither of which remotely guarantees that Snap would (much less could) extinguish all potential risks posed by third parties."
The lawsuit highlights the ongoing concerns about child safety on social media platforms, and the challenges companies face in balancing user safety with free speech and privacy concerns. As the case moves forward, it will be closely watched by tech companies, policymakers, and advocates for child safety.
The controversy also raises questions about the role of government investigations in holding tech companies accountable for their actions. Snap's accusations against the New Mexico AG's office have sparked a heated debate about the limits of government intervention in the tech industry, and the need for greater transparency and cooperation between companies and regulators.
Ultimately, the outcome of the lawsuit will have significant implications for the tech industry, and could set a precedent for how companies are held accountable for their role in protecting children online. As the case continues to unfold, it will be important to monitor developments and assess the impact on the industry as a whole.