The parent company of Instagram and Facebook has sued the Federal Trade Commission in an attempt to stop the agency from reopening a 2020 privacy settlement with the company that would prohibit it from profiting from data it collects on users under 18.
In a lawsuit filed late Wednesday in federal court in Washington, D.C., Meta Platforms Inc. said it is challenging "the structurally unconstitutional authority exercised by the FTC" in reopening the privacy agreement.
"Meta respectfully requests that this Court declare that certain fundamental aspects of the Commission's structure violate the U.S. Constitution, and that these violations render unlawful the FTC Proceeding against Meta," the company says in its complaint.
The dispute stems from a 2020 consent agreement Meta made with the FTC that also had the social media giant pay a record $5 billion fine over privacy violations.
In May of this year, the FTC said Meta has failed to fully comply with the 2020 settlement and proposed sweeping changes to the agreement that includes barring Meta from making money from data it collects on minors. This would include data collected through its virtual-reality products.
The FTC had no comment on the lawsuit.
Meta's complaint came after the U.S. Supreme Court's conservative majority on Wednesday seemed open to a challenge to how the Securities and Exchange Commission fights fraud in a case that could have far-reaching effects on other regulatory agencies.
A majority of the nine-member court suggested that people accused of fraud by the SEC should have the right to have their cases decided by a jury in federal court, instead of by the SEC's in-house administrative law judges, echoing elements of Meta's lawsuit.
U.S. Sen. Edward Markey, a frequent critic of Meta and other Big Tech companies, called Meta's lawsuit a "weak attempt to avoid accountability."
"In the face of a potentially massive fine, Meta's adoption of extreme, right-wing legal theories to challenge our country's premier consumer protection agency reeks of desperation," Markey, a Massachusetts Democrat, said in a statement.
Harvey Weinstein hit with new sex crime charge in New York
Harvey Weinstein pleaded not guilty Wednesday to a new sex crime charge in New York, as he awaits retrial in his landmark #MeToo case.
Details of the new allegations were not immediately available. He was charged with committing a criminal sex act.
The jailed ex-movie mogul has long maintained that any sexual activity was consensual.
Prosecutors revealed last week that Weinstein had been indicted on additional sex crime charges that weren't part of the case that led to his now-overturned 2020 conviction. But the new indictment was sealed until his arraignment.
Prosecutors have said that the grand jury heard evidence of up to three alleged assaults — two in hotels in the Tribeca neighborhood and one at a lower Manhattan residential building. The purported incidents took place from the mid-2000s to 2016, prosecutors said.
But it's not clear whether any of those allegations underlie the new indictment.
While bracing for the new charges, Weinstein also is awaiting retrial after New York state's highest court this spring overturned his 2020 conviction on rape and sexual assault charges involving two women. The high court, called the Court of Appeals, ordered a new trial, which is tentatively scheduled to begin Nov. 12.
The Court of Appeals ruled that the then-trial judge unfairly allowed testimony against him based on allegations that were not part of the case. That judge's term expired in 2022, and he is no longer on the bench.
Prosecutors have said they'll seek to fold the new charges into the retrial, but Weinstein's lawyers say it should be a separate case.
Weinstein, who also was convicted in 2022 in a Los Angeles rape case, remains behind bars while awaiting his New York retrial.
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