By Susan Montoya Bryan
ALBUQUERQUE, N.M. (AP) --A New Mexico judge on Thursday granted Mark Zuckerberg's request to be dropped from a lawsuit that alleges his company has failed to protect young users from exposure to child sexual abuse material.
The case is one of many filed by states, school districts and parents against Meta and its social media platforms over concerns about child exploitation. Beyond courtrooms around the U.S., the issue has been a topic of congressional hearings as lawmakers and parents are growing increasingly concerned about the effects of social media on young people's lives.
In New Mexico, Attorney General Raúl Torrez sued Meta and Zuckerberg late last year following an undercover online investigation. The civil lawsuit echoed the claims of those levied in late October by the attorneys general of 33 states — including California and New York — that Instagram and Facebook include features deliberately designed to hook children and contribute to the youth mental health crisis.
Judge Bryan Biedscheid said he wasn't persuaded by the state's arguments that Zuckerberg should remain a party to the New Mexico lawsuit, but he noted that could change depending on what evidence is presented as the case against Meta proceeds.
Torrez's office said it will continue to assess whether Zuckerberg should be named individually in the future.
Attorneys for Meta had argued during the hearing that prosecutors would not be able to establish that the company had specifically directed its activities to New Mexico residents, meaning there would be personal jurisdiction for which the company could be held liable. They said the platforms are available worldwide and that users agree to the terms of service when signing up.
The judge disagreed, dismissing the company's motion to dismiss the state's claims.
Prosecutors told the judge that New Mexico is not seeking to hold Meta accountable for its content but rather its role in pushing out that content through complex algorithms that proliferate material that can be sensational, addictive and harmful.
The design features and how people interact with them are the issue, said Serena Wheaton, an assistant attorney general in the consumer protection division.
Earlier this month, Torrez announced charges against three men who were accused of using Meta's social media platforms to target and solicit sex with underage children. The arrests were the result of a monthslong undercover operation in which the suspects connected with decoy accounts set up by the state Department of Justice.
That investigation began in December around the time the state filed its lawsuit against the company.
At the time of the arrests, Torrez placed blame on Meta executives — including Zuckerberg — and suggested that the company was putting profits above the interests of parents and children.
Meta has disputed those allegations, saying it uses technology to prevent suspicious adults from finding or interacting with children and teens on its apps and that it works with law enforcement in investigating and prosecuting offenders.
As part of New Mexico's lawsuit, prosecutors say they have uncovered internal documents in which Meta employees estimate about 100,000 children every day are subjected to sexual harassment on the company's platforms.
South Korea fines Meta $15 million for illegally collecting information on Facebook users
South Korea's privacy watchdog on Tuesday fined social media company Meta 21.6 billion won ($15 million) for illegally collecting sensitive personal information from Facebook users, including data about their political views and sexual orientation, and sharing it with thousands of advertisers.
It was the latest in a series of penalties against Meta by South Korean authorities in recent years as they increase their scrutiny of how the company, which also owns Instagram and WhatsApp, handles private information.
Following a four-year investigation, South Korea's Personal Information Protection Commission concluded that Meta unlawfully collected sensitive information about around 980,000 Facebook users, including their religion, political views and whether they were in same-sex unions, from July 2018 to March 2022.
It said the company shared the data with around 4,000 advertisers.
South Korea's privacy law provides strict protection for information related to personal beliefs, political views and sexual behavior, and bars companies from processing or using such data without the specific consent of the person involved.
The commission said Meta amassed sensitive information by analyzing the pages the Facebook users liked or the advertisements they clicked on.
The company categorized ads to identify users interested in themes such as specific religions, same-sex and transgender issues, and issues related to North Korean escapees, said Lee Eun Jung, a director at the commission who led the investigation on Meta.
"While Meta collected this sensitive information and used it for individualized services, they made only vague mentions of this use in their data policy and did not obtain specific consent," Lee said.
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