How to Navigate Tech Company Opposition to State Online Safety Regulations

Introduction

In a landmark case, New Mexico’s attorney general won a $375 million jury award against Meta after arguing the company misled users about platform safety. Following the verdict, Attorney General Raúl Torrez demanded sweeping changes, including a ban on end-to-end encryption for minors, robust age verification, and detecting 99% of new child sexual abuse material upon upload. Meta responded by threatening to pull Facebook, Instagram, and WhatsApp from the state, calling the demands “technologically impractical.” This guide outlines a strategic approach for state officials who face similar pushback from tech giants when pursuing online safety regulations. The steps below blend legal precedent, technical assessment, stakeholder engagement, and contingency planning—all informed by the New Mexico case.

What You Need

• Legal authority: A court ruling, statute, or attorney general opinion that gives your office standing to demand changes.
• Technical expertise: Access to cybersecurity, encryption, and child safety experts to evaluate feasibility of demands.
• Public support: Clear communication channels to rally parents, educators, and advocacy groups.
• Contingency resources: Plans for alternative online services if the company withdraws.
• Multi-state or federal allies: Coalition partners to amplify pressure and share legal costs.

Step-by-Step Guide

Step 1: Assess the Feasibility of Your Demands

Before issuing demands, consult independent technical experts to determine if each requirement is achievable without breaking core product functionality. In the New Mexico case, Meta argued that prohibiting end-to-end encryption for minors is technically impossible because encryption protects all users equally; selectively disabling it would require building a separate, less secure system for young users. Similarly, detecting 99% of new child sexual abuse material (CSAM) on upload may demand scanning all content before encryption—a step that could undermine privacy and require significant infrastructure changes. Document which demands are technically feasible now, which might become feasible in the future, and which are truly impossible. This assessment will guide negotiations and provide ammunition if the company claims impracticality.

Step 2: Build a Strong Legal Foundation

Use existing legal victories to set precedent. The New Mexico case was built on a trial that proved Meta misled users about safety. Leverage that verdict to argue that the company’s past behavior justifies new mandates. File motions to compel compliance, citing the court’s findings. Work with your legal team to draft orders that are specific, measurable, and backed by evidence of harm. For example, if you can show that 99% detection is technically achievable by leading platforms, a court may be more willing to enforce it. Also consider using state consumer protection laws or children’s privacy acts to add legal heft.

Step 3: Engage in Transparent Negotiations

Open a dialogue with the company’s legal and policy teams. Present your feasibility study and ask them to explain why specific demands are impossible. Request detailed technical white papers or independent audits. In the New Mexico scenario, Meta might argue that weakening encryption would expose all users to surveillance—a valid privacy concern. Negotiate compromises: perhaps end-to-end encryption remains for general messaging, but a separate reporting mechanism and proactive scanning of metadata could meet some safety goals. Keep records of all discussions; if negotiations fail, you can present them to the court as evidence of good faith.

Step 4: Prepare for Escalation – Including Service Withdrawal

Meta explicitly threatened to pull its apps from New Mexico. Anticipate similar moves. Work with state IT departments to identify alternative communication platforms for residents, especially vulnerable populations who rely on Facebook or WhatsApp for community news and family contact. Prepare public service announcements and emergency contact methods (e.g., SMS-based alerts, local forums). Simultaneously, explore legal countersuits or temporary restraining orders to prevent service withdrawal, arguing it would harm public welfare. In the New Mexico case, the attorney general could seek an injunction forcing Meta to maintain services while negotiations continue.

Step 5: Communicate Clearly with the Public

Rally public support for your demands. Explain why age verification and CSAM detection are critical, and why the company’s claims of technological impossibility may be exaggerated. Use plain language, social media, and press conferences. Emphasize that you are not asking for a surveillance state but for baseline safety measures that other platforms already implement. A well-informed public can pressure the company and insulate you from backlash if services are disrupted. In the New Mexico case, framing the issue as “protecting children vs. corporate profits” can shift the narrative.

Step 6: Seek Multi-State or Federal Support

Tech giants are less likely to withdraw from a large coalition than from a single state. Coordinate with other attorneys general who have similar concerns. Consider a joint amicus brief or a multi-state lawsuit. If demands are part of a broader national push (like the Kids Online Safety Act), federal regulators may step in. The New Mexico case could become a template for a national standard; share your findings with the FTC or DOJ. A unified front reduces the risk of a company playing states against each other.

Conclusion and Tips

• Keep dialogue open: Even when facing threats, leave a door for negotiation. A complete withdrawal hurts both sides.
• Prioritize children’s safety: Frame every demand around protecting minors—it’s hard for a company to argue against that.
• Be willing to compromise on technical details: If end-to-end encryption truly can’t be modified for minors alone, accept alternative solutions like enhanced reporting tools or AI-based proactive detection before encryption.
• Document everything: Public records, court filings, and expert reports will be invaluable if the case goes back to trial.
• Plan for the worst: Have a backup communication infrastructure ready so that if the company pulls out, your state isn’t left in digital isolation.

By following these steps, state officials can navigate the delicate balance between holding tech companies accountable and maintaining essential digital services—just as New Mexico is doing now.