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Policy & Law

US States Call for Big Changes to Instagram and Facebook as Meta Child Privacy Trial Begins

Attorneys general from multiple states are urging courts to require Meta to implement stricter age verification and data protections for users under 18.

⚡ The Bottom Line

The outcome of this trial could reshape how social media companies design their platforms for younger users across the industry. If states prevail, Meta may be required to implement default privacy settings for all accounts flagged as belonging to minors, eliminate certain engagement features for young users, and submit to ongoing compliance monitoring. Similar litigation against other major te...

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A coalition of U.S. state attorneys general has filed briefs calling for significant changes to how Meta platforms handle children's data, as a federal trial examining the company's child privacy practices got underway this week. The states are seeking court orders that would require Instagram and Facebook to implement stronger age verification measures and restrict data collection involving users under 18.

The legal action stems from a multistate investigation into Meta's practices regarding minors on its platforms. State officials say the company has historically failed to adequately protect children from harmful content and unnecessary data harvesting. The trial is being heard in a federal district court, with states presenting evidence they say demonstrates systemic failures in Meta's youth safety protocols.

What the Right Is Saying

Republican attorneys general and industry groups caution that excessive regulation could limit parental rights and innovation. Texas Attorney General Ken Paxton noted concerns about government overreach into family decisions about children's technology use. The NetChoice coalition argues platform regulation should preserve user choice rather than impose blanket restrictions. Some conservative commentators say the states' demands could set precedents that restrict free speech and parental authority over how children access information online.

What the Left Is Saying

Democratic attorneys general and progressive advocacy groups say the trial represents a necessary check on corporate power over children's digital lives. California Attorney General Rob Bonta said the evidence shows Meta prioritized engagement metrics over child safety for years. The Children's Online Privacy Protection Act, passed in 1998, has not kept pace with modern platform design, advocates argue. Organizations including Common Sense Media say stronger federal and state regulations are essential to protecting young users from algorithmic amplification of harmful content.

What the Numbers Show

Meta's platforms report approximately 3.5 billion monthly active users across all services combined, with Instagram alone exceeding 2 billion users globally. Internal company documents unsealed in prior litigation indicated that Meta identified underage users on its platform but continued data collection practices for years before implementing changes. The FTC has proposed rules that would expand COPPA requirements to cover teens up to age 17 and prohibit platforms from using design features known as dark patterns to encourage minors' engagement.

The Bottom Line

The outcome of this trial could reshape how social media companies design their platforms for younger users across the industry. If states prevail, Meta may be required to implement default privacy settings for all accounts flagged as belonging to minors, eliminate certain engagement features for young users, and submit to ongoing compliance monitoring. Similar litigation against other major technology firms is expected to follow. Courts are expected to issue a ruling within several months.

Sources