Meta’s $18 billion settlement with attorneys general from 29 states includes a provision granting the company immunity from lawsuits under existing child safety laws, such as COPPA, regarding the retention and use of children’s data. This immunity is granted for the limited purpose of training and testing Meta’s age-assurance model, which is mandated to be developed, trained, and tested within a year of the settlement’s effective date to detect users under the age of 13 on Meta’s platforms. The agreement explicitly states that Meta cannot use data from users under 13 for ad targeting, marketing, or algorithmic optimization.
The legal carve-out has raised concerns about enforceability and potential complications for future legal actions. While the settlement includes guardrails and an independent auditor to monitor compliance, questions remain about the specific data Meta will retain for training the model, the extent of behavioral information included, and the duration of data retention. Legal experts note that if Meta uses the data outside the agreed parameters, the release and covenant not to sue would not apply, but disputes could arise over whether Meta’s use of the data falls within the settlement’s terms. The provision may also disincentivize future enforcement actions by state attorneys general. Source