New Mexico Jury Finds Facebook Liable for Privacy Deception, Over 43 Million Violations
A New Mexico jury found Facebook liable for deceiving users about privacy protections, with over 43 million violations of state consumer protection law.
New Mexico Jury Finds Facebook Liable for Privacy Deception, Over 43 Million Violations A New Mexico jury found Facebook liable for deceiving users about privacy protections, with over 43 million violations of state consumer protection law. The judge will later decide penalties, with the state seeking up to US$5,000 per violation. A New Mexico jury found Facebook liable for deceiving users about privacy protections on the platform, a verdict that marks the latest legal setback for the social media giant. The jury found over 43 million violations of state consumer protection law. It is now up to the judge to determine how much the company would pay, with attorneys representing the state asking for the maximum US$5,000 penalty per violation. The two-week trial in Santa Fe centered on accusations that Facebook deceived users about a data breach stemming from a third-party personality quiz.Cambridge Analytica Data Harvesting Scandal DetailsThat quiz harvested data from roughly 87 million profiles and sold it to political consulting firm Cambridge Analytica to generate targeted ads. The now-defunct firm's clients included the 2016 campaign for Donald Trump. Jurors sided with prosecutors, finding Facebook made deceptive statements about protecting users' data that affected New Mexico's entire population of more than two million people.The jury also found Facebook misled the public about investigations into third-party app developers that harvest user data following the Cambridge Analytica scandal. The New Mexico Department of Justice said in a statement: The verdict marks a significant victory for New Mexico consumers and holds one of the world's largest technology companies accountable for its conduct.A spokesperson for Meta, Alex Burgos, said in an email: We disagree with the verdict and will continue to defend ourselves against efforts to distort our record. During closing arguments, lawyers for Facebook claimed the state's evidence was outdated. They said that despite having five years to gather material, New Mexico found only one other instance of a data breach. The trial also addressed Facebook's policies for removing harmful content.Facebook Content Moderation Policy DisputeThe state claimed the company favored certain accounts and allowed violent or inaccurate content to proliferate. Facebook denied the claims, arguing the company has adapted its policies since the state's lawsuit was filed in 2021 and that it removes 99 per cent of content that violates standards. The jury reviewed 34 statements made by the company about data protections and content policies, finding the company deceived users about its practices in almost every case.In one of the few wins for the defense, jurors found the state did not prove that Facebook made false claims about removing harmful content, including misinformation about the COVID-19 pandemic. In a deposition played for jurors, CEO Mark Zuckerberg said the company had robust systems to determine whether content should be taken down. During closing arguments, Randi McGinn, an attorney representing the state, argued that Facebook profited off harmful content, which lawyers for the company denied.Burgos said: Meta's platforms are forums for free expression. We have a First Amendment right to manage those platforms in a way we believe best serves the interests of our community. This means prioritizing free speech, protecting our users' information and giving them control over their data. The judge will decide on penalties at a later date, but that hearing has not been set yet.Potential Injunction And Monetary PenaltiesIt will be up to the state to decide where the money will go. The state is also seeking an injunction to stop similar practices in the future. In August, Meta agreed to pay up to $18 billion to settle a multistate lawsuit involving child safety issues.Buried in the 130-page settlement was an agreement to release Meta from future liability related to the Cambridge Analytica privacy breach, making New Mexico the only state to decide to pursue a case on its own. Florida was the only other state that did not sign the settlement, saying it was not tough enough on Meta, leaving the door open for future litigation.Also this year, New Mexico won judgments totaling $942 million from Meta in a two-phase trial about the company's safety protections for minors. The court ordered Meta to implement new safeguards, including age-verification technology and time limits on its platforms. The verdict is a victory for New Mexico's Attorney General, who filed the lawsuit in 2020. The state argued that Facebook's actions violated New Mexico's Unfair Practices Act by deceiving users about privacy protections.Broader Legal Implications For Tech IndustryFacebook, now under the parent company Meta, has faced numerous legal challenges related to privacy and data security. This ruling could have broader implications for Facebook and other tech companies. It sets a precedent that platforms can be held accountable for misleading users about data privacy. The case is one of several state-level lawsuits against Facebook following the Cambridge Analytica scandal.Facebook has faced fines from the Federal Trade Commission and other regulators, but this is the first time a jury has found the company liable. The outcome may encourage other states to pursue similar legal actions. The judge's decision on penalties will be closely watched by legal experts and privacy advocates. Meta has stated that it is reviewing the decision and considering its legal options.The company has previously settled other privacy-related lawsuits and implemented changes to its data policies. However, this ruling underscores ongoing concerns about how social media platforms handle user data. The New Mexico jury's verdict is a landmark moment in the fight for digital privacy. It reinforces that companies must be transparent and accountable for protecting user data.As the judge determines the penalty, the case highlights the importance of privacy laws in the digital age.
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