Claim
A court filing in New Mexico alleges that senior executives at Meta Platforms internally warned that implementing end-to-end encryption on Facebook Messenger would significantly reduce the company’s ability to detect and report child exploitation cases — but the company moved forward with the plan anyway.
Fact
True. Internal documents filed in court show that Meta executives did raise concerns in 2019 about the potential safety implications of default encryption. However, the company says those concerns led to the development of additional safety measures before encrypted messaging was rolled out in 2023. The case is currently being litigated, and the claims remain part of ongoing legal proceedings.
What Is the Background?
The revelations come from court filings in a lawsuit brought by Raul Torrez against Meta in New Mexico state court. The lawsuit alleges that Meta allowed predators to access and exploit underage users on its platforms and misrepresented the safety impact of implementing end-to-end encryption on its Messenger service. The trial, which began this month, is reportedly the first case of its kind against Meta to reach a jury.
What Do the Court Documents Show?
According to documents filed in the case:
- In March 2019, Monika Bickert, Meta’s head of content policy, wrote in an internal message:
“We are about to do a bad thing as a company. This is so irresponsible.” - Executives reportedly expressed concern that encryption would make it impossible to proactively detect terrorism planning or child exploitation content within Messenger conversations.
- A February 2019 briefing document estimated that reports of child nudity and sexual exploitation imagery sent to the National Center for Missing and Exploited Children (NCMEC) could have dropped by 65% if Messenger had been encrypted at that time. The document projected reports would fall from 18.4 million to 6.4 million.
- Another internal estimate suggested the company would have been unable to proactively provide law enforcement with data in:
- 600 child exploitation cases
- 1,454 sextortion cases
- 152 terrorism-related cases
- 9 threatened school shooting cases
Additionally, Antigone Davis reportedly warned that Facebook’s social network structure made it easier for predators to connect with minors and then shift conversations to private Messenger chats.
What Is End-to-End Encryption?
End-to-end encryption (E2EE) ensures that only the sender and recipient can read messages. Not even the platform provider can access message content.
This feature is standard on several messaging platforms, including:
- Apple iMessage
- Google Messages
Meta first announced plans to expand encryption in 2019 and later rolled it out to Facebook Messenger and Instagram direct messages in 2023.
What Is Meta’s Response?
Meta spokesperson Andy Stone stated that the concerns raised in 2019 directly led to the development of additional safety systems before encryption was implemented.
According to Meta:
- Users can still report abusive or harmful messages.
- The company created special account protections for minors.
- Adults cannot initiate contact with minors they do not know.
- New detection systems were designed to function within encrypted environments.
Meta maintains that privacy and safety can coexist and says encryption aligns its platforms with industry standards.
Broader Legal Context
The New Mexico lawsuit is part of a broader wave of legal challenges facing Meta globally, including:
- A coalition of over 40 U.S. attorneys general pursuing claims related to youth mental health.
- School districts filing lawsuits alleging harm to students.
- Separate litigation in California involving claims of harm to minors.
The New Mexico case specifically focuses on allegations that Meta misrepresented the safety implications of encryption and failed to adequately protect children from exploitation.
The case is ongoing, and no final judgment has been issued.
Conclusion By Factcheck India
Court filings confirm that Meta executives internally raised concerns in 2019 about how default encryption on Messenger could reduce the company’s ability to proactively detect and report child exploitation. However, Meta states that those warnings led to additional safety safeguards before encryption was fully implemented in 2023. The matter remains under judicial review, and the legal proceedings are ongoing.