A New Mexico judge spent his first morning of the Meta remedies trial signaling that he doesn’t plan to become “a one-person legislator, judge and executive branch enforcer,” and the privacy stakes of that reluctance run deeper than the child safety framing suggests.
The bench trial opened Monday in Santa Fe before First Judicial District Judge Bryan Biedscheid, the second phase of a case that already produced a $375 million jury verdict against Meta in March.
State prosecutors now want the judge to rewrite how Facebook, Instagram, and WhatsApp operate inside New Mexico, with a remedy list that reaches well past algorithm tweaks into the architecture of identity verification and encrypted messaging itself.
Before opening statements, Biedscheid told both sides he held “some concerns” about the New Mexico Department of Justice’s proposals. “I’m probably not the easiest sell on an idea where I would become a one-person legislature, judge and executive branch enforcer of administrative code provisions,” he said.
The warning lands at a moment when several of the state’s requested fixes look like permanent surveillance infrastructure dressed up as protection. It start with age verification. The state wants Meta ordered to confirm the age of every New Mexico user, an obligation that cannot be met by asking people to type a birth year.
Hellbound and Down 