In a recently unsealed complaint against Meta, it has been revealed that the social media giant has been aware of millions of underage users on its Instagram platform, referring to it as an “open secret.” The complaint, brought by the attorneys general of 33 states, alleges that Meta not only failed to disable these underage accounts but also continued to collect personal information from them without parental permission. The company could potentially face hefty fines if the allegations are proven true. This revelation adds to the ongoing federal lawsuit filed by California, Colorado, and other states, accusing Meta of harmful practices towards young users on its platforms. The unsealed complaint provides new details, using internal emails and company presentations to show a pattern of pursuing and coveting young users while neglecting to comply with children’s privacy laws.
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Evidence of Millions of Underage Users
Millions of reports of underage users
In a recently unsealed legal complaint against Meta, it has been revealed that the company has received over 1.1 million reports of users under the age of 13 on its Instagram platform since early 2019. This staggering number of reports highlights the widespread issue of underage users on the platform.
Fraction of accounts disabled
Despite the high number of reports, Meta has only disabled a fraction of the accounts belonging to underage users. This raises concerns about the company’s response to the problem and its commitment to protecting young users from potential harm.
Continued collection of personal information
The legal complaint also alleges that Meta has continued to collect personal information from underage users, such as their locations and email addresses, without obtaining parental permission. This violation of a federal children’s privacy law demonstrates a disregard for the privacy and safety of young users.
Meta’s Knowledge and Secrecy
Open secret within Meta
According to the complaint, Meta’s knowledge of millions of underage Instagram users is an “open secret” within the company. This suggests that the issue has been well-known among Meta employees for some time, making their lack of action even more concerning.
Routinely documented and analyzed
Internal documents and communications cited in the complaint reveal that Meta has routinely documented and analyzed the presence of underage users on its platforms. This indicates that the company was aware of the extent of the problem and had the means to address it, yet failed to do so effectively.
Protected from public disclosure
Despite its knowledge of underage users, Meta has allegedly gone to great lengths to protect this information from public disclosure. The complaint suggests that the company has actively concealed its knowledge of the issue, raising questions about its transparency and accountability.
Privacy Charges in Lawsuit
Part of larger federal lawsuit
The privacy charges against Meta are part of a larger federal lawsuit filed by multiple states, including California and Colorado. This lawsuit accuses Meta of unfairly targeting young people on its platforms and concealing internal studies that highlight the harm caused to users.
Accusations of unfair ensnaring of young people
The lawsuit alleges that Meta has intentionally targeted and ensnared young people on its platforms, particularly Instagram. This raises concerns about the company’s practices and its responsibility towards the well-being of its young users.
Concealing internal studies of user harms
According to the complaint, Meta has concealed internal studies that provide evidence of the harm caused to users, particularly young users, on its platforms. This alleged concealment suggests a lack of transparency and accountability on the part of the company.
New Details from Unsealed Complaint
Evidence provided by internal emails, chats, and presentations
The unsealed complaint provides new details from the states’ lawsuit against Meta, including evidence obtained from internal emails, chats, and presentations. This evidence sheds light on the company’s knowledge and actions regarding underage users.
Failure to comply with children’s privacy law
The complaint alleges that Meta has consistently failed to comply with the Children’s Online Privacy Protection Act (COPPA), a federal law that requires online services to obtain parental permission before collecting personal information from users under the age of 13. This failure to comply raises concerns about the company’s commitment to protecting the privacy of young users.
Coveting and pursuing underage users
The complaint alleges that, despite its failure to comply with COPPA, Meta has actively coveted and pursued underage users on its platforms. This pursuit of young users raises ethical questions about the company’s priorities and practices.
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Failure to Prioritize Effective Age-Checking
Continual failure to implement effective age-checking systems
According to the complaint, Meta has continually failed to prioritize the implementation of effective age-checking systems on its platforms. This failure raises concerns about the company’s commitment to verifying the ages of its users and protecting young users from potential harm.
Approaches enabling lying about age
The complaint also alleges that Meta has used approaches that enable users under the age of 13 to lie about their age and create accounts on its platforms. This disregard for age verification processes undermines the company’s responsibility to protect young users.
Contradiction between internal and public statements
The complaint highlights a contradiction between Meta’s internal knowledge of underage users and its public statements. While Meta executives publicly claimed that the company removed underage accounts, internal communications suggest that there were millions of underage users on Instagram. This contradiction raises concerns about the company’s transparency and honesty.
Meta’s Response
Mischaracterization of work according to Meta
Meta has responded to the allegations in the complaint by stating that the states’ complaint mischaracterizes the company’s work using selective quotes and cherry-picked documents. This response suggests that Meta is disputing the accusations made against it.
Prohibition of users under 13
Meta asserts that its terms of use explicitly prohibit users under the age of 13 in the United States. The company maintains that it has measures in place to identify and remove underage accounts when they are identified.
Measures in place to remove underage accounts
According to Meta, the company has implemented measures to remove underage accounts from its platforms. While it is unclear how effective these measures have been, Meta’s response suggests that the company is taking steps to address the issue.
Complexity of Age Verification
Challenges faced by online services
Age verification poses significant challenges for online services, particularly when it comes to younger users who may not have traditional forms of identification, such as school IDs or driver’s licenses. This complexity highlights the need for innovative and effective age verification processes.
Proposal for parental approval requirement
The complaint suggests that a potential solution to age verification challenges is the implementation of a parental approval requirement for young users. This proposal would place the responsibility on parents to grant permission for their children to access online platforms, reducing the burden on online services.
Avoidance of personal detail sharing
To address concerns about privacy, online services could adopt approaches that minimize the sharing of personal details while still ensuring age verification. This would allow for the protection of young users’ privacy while fulfilling the legal requirements for age verification.
Children’s Online Privacy Protection Act
Legal foundation of privacy charges
The privacy charges against Meta are grounded in the Children’s Online Privacy Protection Act (COPPA), a federal law that establishes guidelines for the collection of personal information from users under the age of 13. This law provides a legal framework for protecting the privacy and safety of young internet users.
Requirement of verifiable parental permission
COPPA requires online services to obtain verifiable parental permission before collecting personal information from users under the age of 13. This requirement aims to ensure that parents are aware of and can control their children’s online activities.
Potential fines for violations
Violation of COPPA can result in significant fines, with penalties potentially exceeding $50,000 per violation. These fines serve as a deterrent for online services to comply with the law and protect the privacy of young users.
Meta’s Motivation
Viewing children as crucial demographic
The complaint contends that Meta views children as a crucial demographic that the company needs to capture to ensure continued growth. This motivation raises concerns about the company’s prioritization of profit over the well-being of young users.
Capture of the next generation of users
Meta’s alleged pursuit of underage users suggests a desire to capture the next generation of users and cultivate brand loyalty from a young age. This approach raises ethical questions about the company’s practices and the potential exploitation of young users.
Assurance of continued growth
By targeting young users and cultivating their presence on its platforms, Meta can assure continued growth and user engagement. This motivation highlights the potential conflict between the company’s business interests and the well-being of young users.
Previous Privacy Violation Allegations
Record settlement with the FTC in 2019
Meta has faced previous allegations of privacy violations, resulting in a record $5 billion settlement with the Federal Trade Commission (FTC) in 2019. This settlement was accompanied by an agreement to alter its data practices to provide users with more control over their privacy.
Deceiving users about privacy control
The previous allegations against Meta focused on the company’s deception of users regarding their control over their privacy. The settlement with the FTC aimed to address these deceptive practices and hold the company accountable for its actions.
Similar complaints against other tech giants
Meta is not alone in facing allegations of privacy violations. Other tech giants, including Google, Amazon, Microsoft, and Epic Games, have also faced complaints and fines related to children’s privacy. These cases highlight the need for increased accountability and regulation in the tech industry.
Source: https://www.nytimes.com/2023/11/25/technology/instagram-meta-children-privacy.html
