Snapchat, once considered a fun and harmless messaging app, is now under intense scrutiny for allegedly enabling criminals to target children for sextortion and child sexual abuse material (CSAM). New Mexico Attorney General Raúl Torrez recently filed a lawsuit against Snap, the owner of Snapchat, accusing the company of violating state laws and creating a platform that facilitates illegal activities.
Misleading Users
One of the main points of contention in the lawsuit is Snap’s messaging feature, which leads users to believe that their messages will disappear after being viewed. However, Torrez claims that predators can easily capture and store this content, creating a virtual repository of child sexual images that are traded and sold on the dark web. Despite Snap’s claims of being more private and less permanent than other social media platforms, the AG argues that Snapchat’s design flaws make it a primary platform for criminals to carry out sextortion.
To gather evidence for the lawsuit, Torrez’s office conducted an undercover investigation using a fake Snapchat account that appeared to belong to a 14-year-old girl. The decoy account engaged with profiles with names like “child.rape” and “pedo_lover10,” and several of these accounts attempted to solicit CSAM from the decoy. This investigation revealed the extent to which predators use Snapchat to target minors and exploit its design features for illicit purposes.
Litigation Strategy
Torrez’s approach to the lawsuit mirrors his previous successful litigation against Meta, the parent company of Facebook. By focusing on Snapchat’s design elements and the company’s alleged failure to police predators, Torrez aims to hold Snap accountable for facilitating illegal activities on its platform. This strategy seeks to bypass legal protections like Section 230, which shield tech companies from liability for their users’ actions, by targeting the product itself.
The lawsuit against Snap raises important legal questions about the responsibility of tech companies to safeguard users, especially minors, from harmful content and predatory behavior. Recent court decisions, such as the Ninth Circuit’s ruling against a similar anonymous messaging app, suggest that misleading product claims can be grounds for legal action. Torrez is seeking to compel Snap to cease its alleged illegal activities, pay fines, and forfeit any profits obtained through illicit means.
The dark side of Snapchat exposed by the New Mexico AG’s lawsuit sheds light on the dangers of unchecked online platforms and the need for stronger protections for vulnerable users. As the intersection of technology and law continues to evolve, cases like this serve as a reminder of the importance of holding tech companies accountable for the impact of their products on society.