The landscape of social media regulation is facing a pivotal moment, drawing parallels to the landmark tobacco master settlement of 1998. Mike Moore, a key architect of that historic $246 billion agreement, now sees a similar path unfolding for tech giants like Meta and their rivals, including TikTok and Google’s YouTube. Moore, a former Mississippi Attorney General, is lending his extensive experience to assist current state AGs in navigating the complexities of a potential sweeping settlement with the social media industry. The industry is currently under intense scrutiny, facing accusations of intentionally fostering addiction and causing significant harm to young users.
This week marked a significant development as Meta agreed to a substantial settlement, reportedly nearing $17 billion, with a coalition of state Attorneys General. This agreement addresses allegations that the company misrepresented the extent of child mental health damage stemming from its platforms, Facebook and Instagram. While this represents the largest deal to date in the wave of litigation targeting social media companies, industry observers and legal experts caution that the challenges are far from over, with numerous cases still pending.
Moore, who now co-leads the Attention Initiative, a newly established nonprofit, believes there’s an opportunity for a comprehensive settlement encompassing a broader range of companies and implementing impactful remedies. A cornerstone of his vision is the establishment of a permanent national public education fund. The initiative aims to “reduce the number of young people who fall prey to the addiction and the many harms it has caused.”
The recent settlement with Meta includes a series of commitments designed to enhance user safety, particularly for teenagers. These changes reportedly involve implementing daily usage limits and “nighttime blocks” for younger users, along with “enhanced age assurance measures” to restrict access for children. Furthermore, Meta is expected to develop additional tools for parents and guardians. The compliance with these terms will be overseen by an independent auditor over a five-year period.
“The settlement with the states is a great first step in helping protect our children from the dangers on social media,” Moore stated in his initial public remarks on the matter. “The attorneys general have done a great job with their investigations and lawsuits in exposing the bad practices of Meta and the social media industry and now providing a template of corrective actions the industry must take.”
However, the parallels between the tobacco battle and the current social media challenges are not without their limitations. The dynamic and rapidly evolving nature of consumer technology presents a distinct set of hurdles. Unlike tobacco, a product with a relatively static profile and limited uses beyond recreation, the lines between addictive technology and societal benefit can be remarkably blurred.
Jonathan Caulkins, a professor of public policy at Carnegie Mellon University’s Heinz College, highlights this divergence. “Cigarettes are cigarettes,” he observed, contrasting it with the rapidly changing landscape of social media and artificial intelligence. “In the world of AI and social media, it is simply impossible to know what those technologies are going to be doing for good and ill five and 10 and 15 years into the future.” Caulkins expresses skepticism about the feasibility of a “single settlement” effectively addressing all health-related concerns given the relentless pace of technological advancement.
Despite these complexities, Moore emphasizes the importance of developing robust settlement language to ensure that legal efforts yield significant and lasting changes. He reiterates his support for a public education fund, recognizing that numerous states, cities, counties, and school districts will be pursuing their own remedies. The Attention Initiative’s overarching goal is to ensure a clear and unified message: “we need a remediation public education program, prevention program, whatever you might want to call it.” Moore argues that a national approach is more efficient and cost-effective than a fragmented, piecemeal strategy.
The Meta settlement emerged just as a federal trial in Oakland, California, was underway. This trial, co-led on the plaintiff side by California AG Rob Bonta, was initiated in 2023 and accused Meta of violating federal and state laws, including the Children’s Online Privacy Protection Act (COPPA) and various consumer protection statutes. Following the settlement announcement, Bonta characterized it as a conceptual “floor, not a ceiling,” sending a clear message to other industry players that further action is expected.
Meta has not commented on potential larger settlements to resolve outstanding legal issues. However, the company’s statement indicated that a portion of its payout is contingent on YouTube and TikTok implementing comparable changes to their services. Neither Google nor TikTok responded to requests for comment. Snap, also facing multiple lawsuits, declined to comment.
The Attention Initiative, founded by 22-year-old Josh Jacobs, draws inspiration from Truth Initiative, a public health organization established as part of the tobacco settlement and chaired by Moore. Jacobs, who previously co-founded an online advertising and e-commerce startup, became disillusioned with what he described as the social media industry’s “perverse incentives of maximizing for engagement over all else.” His research into the parallels between social media and tobacco led him to approach Moore, recognizing the urgency of addressing the issue.
“Most people my age aren’t following this trial through the news,” Jacobs noted. “They’re seeing it on social media, and the comments under those posts are almost entirely cynical. The assumption is that nothing will change.”
Conversely, many within the tech industry express concerns about the potential implications of over-regulation. The sector has long voiced apprehension regarding government intervention and its potential impact on free speech. Experts point to inherent difficulties in regulating social media, citing the notorious loopholes in age verification and parental control systems. For instance, reports suggest that teenagers in Australia continue to access social media apps despite a ban, partly due to the use of Virtual Private Networks (VPNs) to circumvent local laws.
Furthermore, the rise of artificial intelligence chatbots and companion applications presents a new frontier of concerns for underage users, issues that are not typically categorized within the traditional social media industry. Allison Ball, a former Facebook product leader and now a venture capitalist, admires the work of Jacobs and Moore but advocates for a focused approach on actionable solutions, wary of regulations that could lead to unintended consequences. “It’s the hardest thing in modern society to get right,” Ball stated. “Where to limit freedoms and who to hold accountable, that’s super difficult for the government to get right.” While acknowledging the importance of education, she believes it alone is insufficient.
The echoes of the tobacco litigation are resonating among legal professionals involved in both the historical tobacco cases and the current social media battles. Lawyers Joe Rice and Steve Berman, instrumental in the tobacco settlement, have also been deeply involved in opioid-related litigation. Berman suggests that Meta may pursue a settlement in the school districts’ case, which involves approximately 1,200 districts nationwide alleging that social media companies, including Meta, intentionally designed addictive features. “They’re going to have to take care of this problem, or they’re just going to be litigated forever,” Berman commented.
Rice, whose firm Motley Rice is involved in numerous social media trials, believes that a master settlement hinges on the tech companies collaborating in a manner that is currently unfamiliar to them, given their intense competition. “At some point in time, it’s possible that the two or three largest platforms can say, ‘Look, we should all agree to this,'” he stated, adding, “They’re not in lockstep right now.”
Moore has indicated that he has initiated discussions regarding potential master settlement language with Attorneys General but declined to provide further details. He is collaborating with colleagues at Truth Initiative to work alongside Jacobs and representatives from AGs’ offices.
As broader resolutions remain elusive, court cases continue to move forward. New Mexico is pursuing a child-sexual exploitation lawsuit against Snap, spearheaded by State AG Raul Torrez, who also serves on the Truth Initiative’s board. This case bears resemblance to a lawsuit that Meta lost in New Mexico earlier this year, involving child safety concerns. The trial for that case is anticipated to commence in approximately a year.
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