Buried in Meta's $18B settlement is a legal pass on kids' data

Key Points:

• Meta’s settlement with attorneys general from 29 states includes a provision where states agree not to sue Meta under existing child safety laws for its retention and use of children’s data, specifically for training and testing its age-assurance model.
• Meta must develop and test a model to detect users under age 13 within a year, using data solely for this purpose and not for ad targeting, marketing, or algorithmic optimization, with oversight from an independent auditor.
• The agreement grants Meta an exemption from COPPA-related claims by the states, although COPPA is primarily enforced by the FTC, which is not party to the settlement, raising questions about broader regulatory compliance.
• Enforcement challenges exist due to potential difficulties in isolating children’s data within Meta’s systems and uncertainty about data retention and future model changes, complicating how states might address any misuse.
• Legal experts warn that the settlement’s carve-out could discourage future enforcement actions and that disputes over Meta’s data use would hinge on interpretations of the settlement’s terms, reflecting a potentially rushed negotiation process.