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Home / The record / Underage by Design

Series
The Record - Installment 3
Sources
Dkt. 3248-12 - Dkt. 3248-57 - Dkt. 3252-21 - Dkt. 3249-15 - Dkt. 3007-20 - Dkt. 3007-4 - Dkt. 3007-6 - Dkt. 3007-18 - Dkt. 3027-5
Status
Draft pending de-designation review
The record

Underage by Design

The company received reports about underage users, checkpointed accounts by the million, and had soft-matching tools it was winding down. This is what the record shows about what was known — and what was done with it.

Expert - Corrected trial report - Ryan Sheatsley

“Many underage users could have been removed via hard-linking and soft-matching.”

Corrected trial report of Ryan Sheatsley, Dkt. 3248-12.

The claim

The company knew underage users were on the platform. It had tools to find more of them.

This is not a brief about whether age verification is hard. It is a brief about what the record shows the company knew, what it had already built, and what it did with it.

The underage-detection record runs from reporting flows and checkpoints to soft-matching — the practice of linking accounts that appear to belong to the same person. The plaintiff experts in this matter say those tools could have removed more underage users than were removed. The defense experts say the company’s layered approach met or exceeded industry practice. Both accounts are in the record, and we quote both.

What follows is the documented sequence. We are not characterizing intent. A reader can draw their own conclusion from the order of events.

The documents

Reports, checkpoints, and a tool the company was winding down.

Each entry is drawn from the public litigation record, with the exhibit or docket reference shown on the right.

Reports

Reports about underage users arrived in volume.

The plaintiff’s corrected trial report identifies hundreds of thousands of reports about underage users, and internal reporting flows for parents and users to flag an underage account. The question in the record is not whether reports arrived. It is what happened to them.

Dkt. 3248-12 – Dkt. 3022-24

Checkpoint

Checkpointing ran at scale, on subjective judgments.

The record describes checkpointing of more than a million US accounts. An internal message sets out the practical limits: reviewers made a subjective determination of age from profile photos, checkpointed users had 28 days to appeal with a valid ID, and the action rate on the low-volume flow was around 22%.

Dkt. 3252-21 – Dkt. 3027-5

Soft-match

Soft-matching existed — and surprised the people running it.

An internal message asks whether the company was doing “soft-match FB to FB propagation for underage enforcement,” asks whether it had gone through review, and gets the reply: “No idea!” That is not an outside critic. It is the company’s own thread.

Dkt. 3007-18

Wind-down

A program was moving in the other direction.

Internal materials describe an “Accelerating Cross-App Soft-match Deprecation” program tied to a compliance deadline. The record thus contains both a tool for finding linked accounts and a documented effort to wind it down.

Dkt. 3007-6

Escalation

The gaps were escalated internally.

An internal age-management escalation and an “Actor Representation” idea thread document continuing internal discussion about underage detection. Whatever the company says publicly, the topic was live inside the company.

Dkt. 3007-20 – Dkt. 3007-4

The contradiction

Both accounts are in the record. They cannot both be complete.

We are not asking you to take our word over theirs. We are showing you the two accounts side by side.

For

Plaintiff experts: the tools were available and underused.

Ryan Sheatsley opines that many underage users could have been removed via hard-linking and soft-matching. Patrick McDaniel opines that the under-13 detection processes fail to meet basic security and child-protection standards, and that the failure to use soft-matching is a major technical and procedural omission.

Dkt. 3248-12 – Dkt. 3249-15

Against

Defense experts: the layered approach was adequate.

Nick Feamster and Nasir Memon dispute the plaintiff conclusions, arguing the company’s layered age-assurance approach met or exceeded industry practice. They are serious experts, and a fact-finder will hear from both sides.

Dkt. 3252-26 – Dkt. 3252-24

The point of showing both is not that one is obviously right. It is that the disagreement is documented, specific, and about tools the company built — not about whether age verification is possible in the abstract.

The experts

Computer security on both sides.

This is a technical dispute, and it is fought with technical experts.

For

Ryan Sheatsley

Corrected trial report addressing reports of underage users, checkpointing, and the use of hard-linking and soft-matching to identify underage accounts.

Dkt. 3248-12 – Dkt. 3248-57 – Dkt. 3252-21

For

Patrick McDaniel

Trial reports opining that the under-13 detection processes fail basic security and child-protection standards, and that not using soft-matching is a major omission.

Dkt. 3249-15 – Dkt. 3022-7

Against

Nick Feamster and Nasir Memon

Defense experts who dispute the plaintiff conclusions and defend the layered age-assurance approach as consistent with, or better than, industry practice.

Dkt. 3252-26 – Dkt. 3252-24

The limits

What this brief does not show.

It does not show that a specific child was harmed. Age-detection gaps are a design and notice issue. Individual causation for an addiction or exploitation injury runs through a separate record and a separate proof.

It does not settle the technical dispute. The plaintiff and defense experts disagree about the adequacy of the layered approach. We present the disagreement rather than resolve it.

It does not show intent. A documented sequence is not a motive. We show the order of events and stop there.

It is not a content-based claim. This brief addresses age detection. Claims about specific content or exploitation involve a separate Section 230 analysis, which we flag rather than blend into this page.

This is a summary of a public record for general information. It is not legal advice and it does not create an attorney-client relationship.

What this changes for a family

Age detection is the part of the record that connects the design claims to child safety.

It is also the part a family can act on now: preserve the account, the device, and the reports you made, because age and account evidence is time-sensitive.