New Mexico’s Meta Ruling and Encryption

Mike Masnick points out that the recent New Mexico court ruling against Meta has some bad implications for end-to-end encryption, and security in general: If the “design choices create liability” framework seems worrying in the abstract, the New Mexico case provides a concrete example of where it leads in practice. One of the key pieces of evidence the New Mexico attorney general used against Meta was the company’s 2023 decision to add end-to-end encryption to Facebook Messenger. The argument went like this: predators used Messenger to groom minors and exchange child sexual abuse material. By encrypting those messages, Meta made it harder for law enforcement to access evidence of those crimes. Therefore, the encryption was a design choice that enabled harm...