Snap’s Legal Shenanigans: A Comedy of Errors
Gather ’round folks, because Snap Inc. is back in the headlines, and it looks like they’re in a rivalry with a three-ring circus for the “most entertaining show on earth.” This time, they’re doing their best to wiggle out of a lawsuit in New Mexico that accuses the Snapchat messaging app of enabling the sexual exploitation of children. It’s a classic game of legal whack-a-mole, but the stakes are a bit higher than just a rubber hammer and some squeaky toys.
Snap’s Defense: The Old “Not Us!” Routine
In their shiny motion to dismiss, Snap is yelling “patently false!” like a toddler caught with cookie crumbs all over their chin. The pushback comes after the New Mexico Attorney General, Raul Torrez, decided that enough was enough, filing a lawsuit that claims Snap needs to be held accountable for the shady side of their app. And let’s face it, with the way some kids use Snapchat, we could be talking about the digital equivalent of handing a kitten a laser pointer—chaos is bound to ensue!
To throw a little spice into the story, the state investigators created a decoy account of a 14-year-old girl, proving once again that the only people who should be doing undercover work are those on TV crime dramas. With this account receiving unsolicited advice to add friends straight from Snapchat, you’ve got to wonder: is this a messaging app or a not-so-secret club for nefarious characters?
But Snap is claiming that the state’s portrayal is quite the stretch. They say that the decoy account was the one sending out friend requests like it was throwing confetti at a birthday party, effectively saying, “Who, me? I’m just a harmless little blob of code!” I mean, if that’s not the ultimate deflection move, what is?
It’s All About the First Amendment, Baby!
Now, if you thought this was just a case of miscommunication, hold onto your hats! Snap is tossing around the First Amendment like it’s a fuzzy blanket at a picnic—citing freedom of speech as their defense. They argue that they shouldn’t be forced to disclose potential risks to kids and parents. It’s a puzzling stance, really. If your app is essentially a party where the kids have the cake and the parents have the bill, wouldn’t it make sense to at least drop a hint about the hazards?
Enter Section 230: The Tech Company’s Best Friend
The cherry on top of Snap’s defense cake comes from Section 230, that golden ticket for online platforms that allows them to play the blame game when it comes to user content. Snap pulls this rabbit out of the hat, claiming that they can’t be held responsible for what users say or do. Because, you know, if you give someone a megaphone, you can’t be blamed for what they shout into it—even if it’s something ridiculous like “I love anchovies on ice cream!”
Safety: Snap’s New Motto?
And just when you thought you’d figured Snap out, they reveal some figures that might make you sit up and take notice. Since 2020, they’ve reportedly doubled their trust and safety team and tripled their police operations team. Either they’re gearing up for a high-stakes game of digital cops and robbers, or they’ve realized that being in the tech space means playing with fire—only now, they’re trying to get the fire department’s number on speed dial.
The Final Thought
As the legal drama unfolds, one thing is for sure: we’re all in for a treat, witnessing this battle of wits between New Mexico’s Attorney General and a tech giant trying to comb through their own messy backyard. So, sit back, grab your popcorn, and let’s see if Snap can pull off a miraculous escape, or if this is a story about accountability in the tech world that we’ve been waiting for. Spoiler alert: I wouldn’t bet on a happy ending—at least not for the kids.
On Thursday, Snap submitted a motion to dismiss a lawsuit filed in New Mexico that accuses the tech giant of facilitating the sexual exploitation of minors via its Snapchat platform. The company contends there are significant inaccuracies within the state’s investigation.
The lawsuit, initiated by New Mexico Attorney General Raul Torrez in September, forms part of a broader push by lawmakers across the United States to hold technology firms accountable for the potential harm posed to young users of their services. Earlier this year, U.S. senators conducted a rigorous inquiry into the practices of Snap, Meta Platforms, and TikTok, particularly focusing on the prevalence of explicit content on their platforms.
As a component of an extensive investigation, officials in New Mexico set up a decoy account designed to mimic that of a 14-year-old girl. Investigators reported that although the account refrained from adding any friends, it swiftly received suggestions from Snapchat to connect with users whose profiles were linked to explicit content.
In its response submitted to New Mexico’s First Judicial Court, Snap firmly stated that the allegations made against it are “patently false,” asserting that the decoy account actively initiated numerous friend requests to several users, which contradicts the state’s assertions.
The lawsuit also levels accusations at Snap for neglecting to adequately warn both children and their guardians about the potential threats of sextortion on its platform. Snap countered these claims, arguing that they are protected under the First Amendment, which prevents the company from being compelled to communicate warnings.
Snap further elaborates in its filing, stating, “Not only would Snap have to make subjective judgments about potential risks of harm and disclose them, but it would have to do so with virtually no guidance on how to avoid liability in the future.”
Additionally, Snap contends that the state’s lawsuit represents a direct infringement of Section 230, a legal provision established in 1996 that shields online platforms from civil liabilities related to content generated by users and third parties.
Emphasizing its commitment to safety, Snap noted that since 2020, it has significantly expanded its trust and safety team, doubling in size, and has tripled its police operations team to better address concerns related to user safety and platform integrity.