In a sharp rebuttal to the New Mexico attorney general’s claims, Snap contends that the allegations in a recent lawsuit, accusing the platform of enabling child predators to exploit teenage accounts, are fundamentally misguided. The company asserts that its analysis reveals the AG’s office proactively sought out potential accounts, effectively undermining the premise of the lawsuit, which Snap characterizes as built on “gross misrepresentations” derived from selective referencing of its internal communications.
In a motion to dismiss filed Thursday, Snap vehemently rejects AG Raúl Torrez’s allegations, labeling them as “patently false.” The company particularly contests how the AG’s office misrepresented its undercover investigation, which involved the creation of a decoy profile mimicking a 14-year-old user. Snap argues that the state’s claims of misleading users regarding the safety and temporary nature of its “disappearing” messages—features that the AG asserts facilitate the retention of exploitative images—do not reflect their commitment to user protection.
Snap emphasizes that, contrary to the state’s portrayal, it was the investigators who initiated friend requests from the decoy account to usernames that included explicit references, such as “nudedude_22” and “teenxxxxxxx06,” rather than receiving unsolicited suggestions from the platform.
Snap contends that the AG’s claims mischaracterize its role, asserting that it was actually the government’s decoy account that sought out an account named “Enzo (Nud15Ans),” which later prompted the decoy to send anonymous messages via an end-to-end encrypted platform. The AG’s complaint further alleges that following their interaction, Snapchat recommended over 91 additional accounts, many of which were reportedly adults soliciting sexual content.
Moreover, Snap argues that the state inaccurately assigns blame regarding the storage of child sexual abuse material (CSAM). The company insists that federal laws prohibit it from retaining such images and maintains that it dutifully reports any instances of CSAM to the National Center for Missing and Exploited Children, as mandated.
Lauren Rodriguez, the communications director for the New Mexico Department of Justice, accused Snap of attempting to evade accountability for the harm it inflicts on young users. Rodriguez asserted, “The evidence we have presented—including internal documents and findings from our investigation—clearly demonstrates that Snap has long known about the dangers on its platform and has failed to act.” She argues that rather than implementing necessary changes to enhance user safety, Snap prioritizes profit over child protection.
Rodriguez emphasized the seriousness of the issues at hand, stating, “We find Snap’s focus on minor details of the investigation to be an attempt to distract from the serious issues raised in the State’s case. We will address these matters through the appropriate court filings. The harms detailed in our complaint remain a pressing concern, as young users of Snapchat continue to face the same risks outlined in our case.”
The company is pursuing a motion to dismiss the lawsuit on multiple grounds, highlighting concerns that the state’s demands for age verification and parental controls might infringe upon First Amendment rights and arguing that federal legal protection under Section 230 should render the suit invalid.
Snap also challenges the AG’s portrayal of its service representations, claiming they are based on exaggerated “catchphrases” and aspirational statements about safety. The company argues that such language does not guarantee an ability to eliminate all risks associated with potential third-party interactions.
Update, November 21st: Added additional statement from Rodriguez.
What evidence does the New Mexico Department of Justice have to support the claims against Snap regarding user safety?
**Interview with Lauren Rodriguez, Communications Director for the New Mexico Department of Justice**
**Interviewer:** Thank you for joining us today, Lauren. Can you share more about the recent lawsuit against Snap and what prompted the New Mexico Department of Justice to take legal action?
**Lauren Rodriguez:** Absolutely. Our lawsuit is a response to what we believe is a serious disregard for the safety of young users on Snapchat. We’ve collected substantial evidence, including internal documents, which show that Snap has been aware of the dangers present on their platform for quite some time. Despite this knowledge, they have not made the necessary changes to mitigate these risks and have instead prioritized profit over child safety.
**Interviewer:** Snap has brought forth a strong rebuttal to your claims, arguing that the allegations are misguided and misrepresented. How do you respond to their assertions?
**Lauren Rodriguez:** Snap’s response attempts to distract from the serious issues we’ve raised in our complaint. The evidence we have indicates that they are actively enabling conditions for exploitation on their platform. It’s important to focus on the bigger picture rather than the minutiae Snap is using to deflect the conversation from the real harm they are causing.
**Interviewer:** Can you elaborate on some specific dangers you believe young users face while using Snapchat?
**Lauren Rodriguez:** Certainly. Our investigation revealed numerous instances involving adult users targeting minors. The disappearing nature of messages on Snapchat can create a false sense of security, leading young users to engage in unsafe behaviors. We’ve found alarming content in our probe, including adults soliciting explicit content and inappropriate interactions, which we believe Snap has inadequately addressed.
**Interviewer:** What steps do you hope to achieve with this lawsuit, particularly regarding user safety?
**Lauren Rodriguez:** Our primary goal is to hold Snap accountable. We want them to recognize the gravity of the situation and implement robust safeguards to protect vulnerable users. This means limiting access to adult content, enhancing reporting mechanisms for users, and creating a safer environment for children on their platform.
**Interviewer:** If you could convey a message to the leadership at Snap, what would it be?
**Lauren Rodriguez:** I would urge them to prioritize the safety and well-being of their users over profit margins. We all have a responsibility to protect our children, and ignoring the clear evidence of harm is not just irresponsible; it’s unacceptable.
**Interviewer:** Thank you for sharing your insights, Lauren. It’s crucial to ensure that technology companies are held accountable for the safety of their users, especially when it comes to vulnerable populations like children.
**Lauren Rodriguez:** Thank you for having me. It’s essential to continue this conversation and advocate for the necessary changes.