Big Tech’s tobacco moment

Source: Project Liberty

February 10, 2026

In this newsletter, we analyze recent tech lawsuits and how their outcomes will shape the future of Big Tech, tech policy, and the everyday experience of internet users worldwide.

// Social media on trial

On January 27th, jury selection began in K.G.M v. Meta and YouTube (Google) at the Los Angeles Superior Court. This is the first in a series of bellwether trials in 2026, representing over 1,000 lawsuits from families, school districts, and state attorneys general.

/ Challenging the legal armor of Section 230

The key differentiator from previous legal battles is the shift from content liability to product liability.

 

These cases argue that the platforms have manufactured defective products through addictive design choices, including infinite scroll, autoplay, push notifications, and recommendation algorithms. These product features are what have caused harm, rather than the content on the platforms.

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