Tech giants Meta and Apple are facing intensifying legal scrutiny over child safety and privacy practices, as court proceedings in multiple U.S. states raise questions about how the companies balance encryption, free expression and online protection for minors.
In separate cases unfolding in California, New Mexico and West Virginia, executives including Mark Zuckerberg and Tim Cook are confronting allegations that their platforms failed to adequately prevent child sexual abuse material (CSAM) and protect young users.
Unsealed court documents in a lawsuit brought by the state of New Mexico revealed internal discussions among Meta employees regarding the impact of end-to-end encryption (E2EE) on Facebook Messenger. According to the filing, staff members referenced approximately 7.5 million annual CSAM reports that would no longer be visible to the company after Messenger shifted to default encryption.
“There goes our CSER [Community Standards Enforcement Report] numbers next year,” one employee wrote in December 2023, as Meta began rolling out default end-to-end encryption for personal messages and calls on Messenger and Facebook. Another internal message compared the move to “putting a big rug down to cover the rocks,” suggesting concerns about reduced visibility into harmful content.
New Mexico Attorney General Raúl Torrez alleges that Meta failed to adequately safeguard platforms such as Facebook and Instagram from online predators and made misleading statements about user safety. Court filings argue that Meta was aware encryption would limit its ability to detect and report child exploitation content and that mitigation measures would be insufficient.
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Meta has defended its approach, stating that it continues to invest in safety tools and can review encrypted messages if they are reported for child safety violations. Zuckerberg, who testified in a Los Angeles courtroom this week in related proceedings, said he cares about the wellbeing of teens and children using Meta’s services.
The legal challenges come as encryption remains a contentious issue. Privacy advocates argue that end-to-end encryption protects users from surveillance and data breaches by ensuring that only communicating parties can access message content. However, law enforcement agencies have long warned that widespread encryption can hinder investigations into crimes including child exploitation.
Meanwhile, West Virginia filed a lawsuit against Apple, alleging that the iPhone maker did not do enough to prevent the distribution of child sexual abuse material through its devices and services. The case adds to mounting pressure on major technology companies to strengthen safeguards for minors while maintaining user privacy.
If courts find either company liable, rulings could compel significant product changes affecting billions of users worldwide. Legal experts note that such decisions may reshape how major platforms design encryption features, moderate content and report suspected abuse.
The scrutiny reflects a broader debate about the responsibilities of technology companies in protecting children online. As digital platforms expand and messaging services become more secure, regulators are increasingly examining whether current safety measures are sufficient.
Cybercrime and online exploitation remain persistent global concerns, and policymakers are weighing how to address them without undermining privacy rights. The outcomes of the ongoing cases could set precedents for how tech companies navigate the tension between security, privacy and child protection in the years ahead.
