New Mexico AG sues Snap over child safety concerns on Snapchat

Attorney General Raúl Torrez files lawsuit against Snap Inc., alleging Snapchat facilitates sexual exploitation of minors.

New Mexico AG sues Snap over child safety concerns on Snapchat
Snapchat

New Mexico Attorney General Raúl Torrez this week filed a lawsuit against Snap Inc., the parent company of Snapchat, alleging that the popular social media platform facilitates the sexual exploitation of children and enables the distribution of child sexual abuse material (CSAM). The legal action, announced just two days ago, comes after months of investigation by the New Mexico Department of Justice into Snap's practices and platform design.

According to the complaint, Snapchat's features, algorithms, and policies fail to protect young users from various online threats, including sextortion schemes and other forms of sexual abuse. The lawsuit contends that Snap has misled users into believing that photos and videos sent on their platform will disappear, when in reality, predators can permanently capture this content.

The investigation conducted by the New Mexico Department of Justice revealed a vast network of dark web sites dedicated to sharing stolen, non-consensual sexual images from Snapchat. Investigators reportedly found more than 10,000 records related to Snap and CSAM in the last year alone, including information related to minors younger than 13 being sexually assaulted. Snapchat was identified as the largest source of images and videos among the dark web sites investigated.

Attorney General Torrez emphasized the seriousness of the situation, stating that their undercover investigation exposed how Snapchat's design features create an environment where predators can easily target children. The lawsuit alleges that sextortion, one of the rapidly growing crimes targeting young people, is particularly prevalent on Snapchat due to its design features.

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The complaint outlines several concerning aspects of Snapchat's platform:

  1. Sextortion scripts: The lawsuit claims that criminals circulate sextortion scripts that provide playbooks for victimizing minors on Snapchat. These scripts are allegedly not blacklisted by the platform and are actively being used against victims.
  2. Primary platform for CSAM: Parents reportedly indicate that their children share more CSAM on Snapchat than on any other platform. Additionally, minors report having more online sexual interactions on Snapchat compared to other social media services.
  3. Sex trafficking recruitment: The lawsuit alleges that more sex trafficking victims are recruited on Snapchat than on any other platform.
  4. Recommendation algorithm: Undercover investigators found that many Snapchat accounts openly capturing, circulating, and selling CSAM are connected through the platform's recommendation algorithm.
  5. Underage accounts: As part of the undercover investigation, the New Mexico DOJ set up a decoy Snapchat account for a fictitious 14-year-old. This account reportedly exchanged messages with dangerous accounts, including ones with explicit names related to child exploitation.
  6. Mental health concerns: The lawsuit argues that Snap designed its platform to be addictive to young people, leading some users to experience depression, anxiety, sleep deprivation, and body dysmorphia.

The legal action taken by the New Mexico Department of Justice aims to address these alleged dangers and hold Snap accountable for prioritizing profits over children's safety. Attorney General Torrez emphasized that through this litigation, they will continue to hold platforms like Snapchat accountable for their impact on young users.

Snapchat's popularity among teenagers in the United States is significant, with more than 20 million teens reportedly using the platform. Half of all teens in the U.S. are said to use Snapchat every day, underscoring the potential reach and impact of the app on young users.

The lawsuit cites specific cases to illustrate the real-world consequences of Snapchat's alleged failings. In 2023, Alejandro Marquez pleaded guilty and was sentenced to 18 years in prison after raping an 11-year-old girl he met through Snapchat's "Quick Add" feature.

This legal action against Snap Inc. follows a recent victory by the New Mexico Department of Justice in its litigation against Meta, the parent company of Facebook and Instagram. In that case, a judge denied Meta's motion to dismiss the lawsuit, rejecting the argument that Section 230 provided the company immunity against the alleged misconduct.

In response to the lawsuit, Snap Inc. issued a statement on September 5, 2024, acknowledging receipt of the complaint and stating that they would review it carefully and respond to the claims in court. The company expressed that they share the concerns about online safety for young people and are committed to making Snapchat a safe and positive environment for all users, particularly younger ones.

Snap Inc. highlighted their ongoing efforts to address safety concerns, including:

  • Finding, removing, and reporting bad actors
  • Educating their community
  • Providing tools for teens, parents, and guardians to enhance online safety
  • Investing hundreds of millions of dollars in trust and safety teams
  • Designing their service to promote online safety through content moderation and enabling direct messaging with close friends and family
  • Collaborating with law enforcement, online safety experts, industry peers, parents, teens, educators, and policymakers

The lawsuit against Snap Inc. raises important questions about the responsibility of social media platforms in protecting young users from online exploitation and abuse. As the legal proceedings unfold, it will likely have significant implications for how tech companies design and manage their platforms to ensure the safety of minors in the digital age.

Key facts

New Mexico Attorney General filed lawsuit against Snap Inc. on September 5, 2024

Lawsuit alleges Snapchat facilitates sexual exploitation of children and CSAM distribution

Investigation found over 10,000 records related to Snap and CSAM in the past year

Snapchat has over 20 million teen users in the U.S., with half using it daily

Snap Inc. responded, stating they will review the complaint and respond in court

Snap claims to have invested hundreds of millions in trust and safety measures

The case follows a recent legal victory against Meta in a similar lawsuit

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