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Gov. Chris Sununu likes to tout his pro-business bona fides, but they aren’t stopping him from targeting the wildly popular social media platform TikTok with a lawsuit accusing the company of putting profits ahead of children.

“Our lawsuit alleges that TikTok has shamelessly exploited young users through deceptive design features that foster addiction and endanger mental health. We contend that TikTok knowingly deceived New Hampshire families with false assurances of safety while profiting from the vulnerabilities of its youngest users,” Sununu’s Attorney General John Formella said in a statement announcing the lawsuit, filed in Merrimack Superior Court.

The suit attacks TikTok for allegedly violating the state’s consumer protection statute and other laws.

According to the lawsuit, TikTok uses addictive features to exploit young users’ naivete and ongoing brain development and maximize the time they spend on the platform in the interest of profit. TikTok’s addictive design features make it hard for children to disengage from the platform and lead to a cycle of excessive use, the lawsuit states.

The complaint alleges the company knows excessive use results in profound harm to its young users, including depression, anxiety, and isolation from friends and family. As the company deployed those features, it also lied to parents about the platform’s safety, downplaying the risks posed while touting supposed safety measures that the company knows are ineffective. 

“New Hampshire puts our kids first,” Sununu said. “This lawsuit, combined with our earlier executive order investigating the harms of social media on New Hampshire’s youth is another wakeup call for parents on the dangers that social media presents to our kids.”

New Hampshire filed a similar lawsuit against Meta last year, the company behind Facebook, Instagram, and Threads. That lawsuit is currently pending.

“This action underscores our commitment to holding social media platforms accountable for their harmful actions to youth. We will vigorously pursue this case to ensure that TikTok is held responsible and that meaningful changes are made to protect our children’s well-being. This lawsuit is just the latest step in our ongoing efforts to ensure that platforms like TikTok operate responsibly and transparently in our state,” Formella said.

 The lawsuit contends TikTok knew it was deploying potentially harmful features on its platform, gathering data on children under 13, exploiting them for money, and even exposing them to online predators.

“New Hampshire’s children are spending increasingly alarming amounts of time on screens. In 2021, over 37 percent of New Hampshire high schoolers reported 5 hours or more of screen time on an average school day. The U.S. Surgeon General has warned that unchecked use of applications like TikTok has ‘a profound risk of harm to the mental health and well-being of children and adolescents,’” the lawsuit states.

As more of their hours are taken by TikTok, New Hampshire children are being exposed to child sex abuse images and videos, content that promotes self harm, extreme violent content, and even online social interactions with pedophiles, according to the lawsuit. All this despite assurance the company is doing everything it can to keep kids safe.

“TikTok has long been a haven to incredibly disturbing, gruesome videos, including beheadings, mass shootings, and videos of both suicide and eating disorders. TikTok also knows sexual predators use the App to solicit nude photographs and other photographs from/of children,” the lawsuit states.

Formella wants the Court to enter an injunction requiring substantive changes in how the company operates. He’s also seeking penalties and other monetary relief to address the harms that these practices have caused. 

The attorney general’s investigation of other social media platforms for related practices continues.

TikTok, the controversial social media giant is making billions by trapping New Hampshire kids in a psychologically harmful and potentially dangerous web of endless scrolling, according to the lawsuit filed Tuesday by New Hampshire Attorney General John Formella.

New Hampshire’s ACLU is siding with the producers of AI-created child sex abuse images over New Hampshire’s kids, critics say, opposing legislation to ban deepfake child porn in New Hampshire.

And at least one Democratic state senator says siding with criminals and against victims is nothing new for the progressive organization.

“It has been my experience in working for laws that protect crime victims the ACLU has not necessarily been a partner in protecting the rights of the people who have been harmed by criminals so much as protecting the rights of the criminals,” said Sen. Deb Altschiller (D-Stratham). “I have yet to have a criminal justice bill that they have embraced.”

Altschiller is the prime sponsor of SB564, which “expands the definition of ‘child’ under the child sexual abuse images statute to include those images that are portrayed to be a person under the age of 18 and are thus indistinguishable from a child.” She testified before the House Criminal Justice and Public Safety Committee on Wednesday, and that’s when she first learned of the ACLU’s opposition to her legislation.

ACLU-NH Legal Director Gilles Bissonnette

Gilles Bissonnette, ACLU-NH’s Legal Director, did not testify in person. Instead, he submitted a written statement revealing his organization’s position: AI-generated child sex abuse images are protected speech under the First Amendment.

“These images are protected by the First Amendment and Part I, Article 22 insofar as they are neither produced using minors nor do they appear to depict a specific, identifiable person,” Bissonnette wrote.

Altschiller told the committee this expanded definition is needed as the scourge of child sex abuse image trafficking is colliding with the rise of easily available AI programs that can create new, realistic images, sometimes using the images of real children.

“Once something is out there, you can’t unring the bell,” Altschiller said.

New Hampshire State Police Sgt. Hawley Rae also testified on behalf of Altschiller’s legislation, arguing that people who consume child sex abuse images are statistically more likely to engage in abuse IRL (“In Real Life.”) 

New Hampshire already has a problem with people trafficking these types of abusive images, and the potential for abusers using deepfake technology to make new abuse images from the photos of real children should be sobering, Rae said.

“Kids are vulnerable, especially in the social media world, and I can only assume this will be a problem in the AI world as well,” Rae said.

Bissonnette’s objection to the bill is founded on prior court rulings that hold child sex abuse images created without using real children are protected. The 2002 United States Supreme Court decision in Ashcroft v. Free Speech  Coalition and the 2008 New Hampshire Supreme Court decision in State v. Zidel both found that child sex abuse images that did not depict real children are allowed.

“SB564 presents serious constitutional concerns under Ashcroft and Zidel because it sweeps within its scope images that are not limited to depictions of an ‘identifiable’ (meaning ‘recognizable as an actual, specific person’) minor who was actually victimized,” Bissonnette wrote.

Rep. Terry Roy (R-Deerfield) said neither the Ashcroft nor Zidel courts were dealing with the reality of the new dangers children face today.

“The Ashcroft court didn’t have to contend with the AI technology at all,” Roy said.

Interestingly, the ACLU’s hardline “free speech” absolutism on child porn doesn’t apply to political speech Bissonnette and his organization find objectionable. The ACLU-NH’s policy today is to decline to defend free speech that “denigrates [marginalized] groups” and “impedes progress toward equality.” That includes refusing to defend the free speech rights of allegedly right-wing groups whose “values are contrary to our values” and whose words might offend the “marginalized.”

The ACLU’s guidelines state, “As an organization equally committed to free speech and equality, we should make every effort to consider the consequences of our actions.”

What about the “consequences” of graphic, violent child porn, critics ask.

Given the advances in technology, Rep. David Meuse (D-Portsmouth) said failing to act now could have dire consequences for New Hampshire’s children sooner rather than later.

“I feel that composite images today are so realistic … they’re virtually indistinguishable from an image of a real child. These images just create a market for more images,” Meuse said. “The very fact that a market for this type of material exists, if we continue to allow that market to exist, real children are going to be harmed.”

The committee voted unanimously to approve the bill, moving it closer to a full House vote.

A New Hampshire family said in a new lawsuit their daughter is one of the victims in the child sex abuse image case brought against former Democratic state Rep. Stacie Laughton and Laughton’s girlfriend, Lindsay Groves.

Both Laughton, 39, and Groves, 38, are currently held without bail on child sex abuse image charges out of state and federal courts. Groves used her position at Creative Minds daycare in Tyngsborough, Mass., to take explicit nude photos of children and text them to Laughton, according to court records.

The family also suspects their daughter was sexually abused by Groves, according to the lawsuit.

Filed in Middlesex Superior Court in Massachusetts, the lawsuit claims the New Hampshire child was the subject of sexually explicit photos Groves took while she was enrolled at Creative Minds. 

Creative Minds is owned by Maura Sheehy Costello and Erica Jussaume of Massachusetts, with daycare center branches in Dracut and Tyngsborough. Neither could be reached for comment.

According to the suit, Sheehy Costello and Jussaume allowed Groves access to the children at the daycare despite the fact that Groves was repeatedly reported for inappropriate behavior. The family is suing the business owned by Sheehy Costello and Jussaume for negligence in hiring Groves and keeping her employed despite the red flags.

“As a result of the Defendant’s neglect, the Plaintiffs have reason to believe that their daughter may have been sexually exploited by Lindsay Groves while the minor was under the care of Creative Minds,” the lawsuit states.

The family is being kept anonymous in the legal filings, with the father and mother referred to as John and Jane Doe, and the child referred to as Jane Doe. They are represented by Lowell attorney Roger Peace. Peace did not respond to a request for comment.

This is the second lawsuit brought against Creative Minds since Groves and Laughton were arrested in June.

A Massachusetts mother filed a lawsuit against Creative Minds last month alleging her young son was sexually molested by Groves at the Tyngsborough center. That lawsuit also alleges Sheehy Costello and Jussaume were told about Groves inappropriately touching children in 2018 and told she was taking explicit photos in 2022, and yet she remained on the job.

According to court records in the criminal case, Groves and Laughton exchanged approximately 10,000 text messages over the past 18 months, including numerous explicit photos of the children Groves was caring for at the facility. During one text message conversation, the pair discussed raping children, and Laughton appeared to admit having raped a child in the past.

“LAUGHTON: I was asking because I know we’ve had some back-and-forth, and I know we initially said we do nothing with kids ever again, and you said you were afraid that if we had kids if they would go back and tell the parents the same with the kids you work with.”

In the same exchange, Laughton and Groves discussed the possibility of raping children at Creative Minds.

“GROVES: I want to do it with the kids at work 

GROVES: than you can put your **** inside them

GROVES: I wasn’t being serious about the kids running back and telling their parents 

GROVES: Plus, I want to do it with kids who use to come here cause they can enjoy it 

LAUGHTON: Well, I know but you were afraid that the kids at work might tell their parents and we said we would do it if we knew we were not gonna get caught and I was just wondering like like basically you have no problem with that…”

Laughton became New Hampshire’s first transgender elected official in 2012 but is now more famous for a career of criminal exploits. Laughton, a Democratic state representative, was forced to resign shortly after the 2012 election when it was learned the erstwhile lawmaker was still on probation for a felony theft conviction. Laughton has also been charged with stalking and making bomb threats.

Laughton was reelected to a Nashua House seat in 2020 and, after winning reelection again in 2022, spent weeks in jail after being charged with stalking and harassing Groves, according to court records.

Though Laughton and Groves remain at Valley Street Jail in Manchester pending trial, Groves was recently deemed safe for release by a federal judge. The Boston Office of the United States Attorney is appealing that decision. Groves is staying locked up until the appeal is heard.

The Hudson woman who allegedly supplied former Democratic State Rep. Stacie Laughton with child sex abuse images is set to be freed from jail.

A federal judge ruled Lindsay Groves, 38, can remain out of jail pending her trial on charges of sexual exploitation of children, aiding and abetting, and distribution of child pornography so long as she meets certain conditions.

Laughton, 39, faces identical federal and state charges of distributing child sex abuse images. Laughton, who identifies as transgendered, is being held without bail in the male population at Valley Street Jail in Manchester.

A federal judge ruled last week that Groves can be released safely, meaning she would not be a danger to the community so long as she lives with her parents, has no contact with children, and does not use an iPhone or other internet-connected devices.

“Critically, however, the court finds that conditions of release can be fashioned to address this risk and reasonably assure the safety of the community,” the ruling states.

Prosecutors with the U.S. Attorney’s Office in Boston will appeal this order. Groves will remain locked up until another judge hears the appeal and rules on the potential release. Groves is also being held at the Valley Street Jail with the female population.

Investigators said Groves used her job at Creative Minds Daycare in Tyngsborough, Mass., to access young children for the graphic photos she shared with Laughton. Court records released in the case include a text conversation with a seeming admission from Laughton that the pair had raped children in the past and planned to do it again.

Groves and Laughton were arrested last month in the child sex abuse image case, a culmination of their twisted relationship. In recent years, the pair have been involved in multiple court cases and no contact orders. One case last year landed Laughton in jail for stalking Groves right after Laughton had won re-election to the legislature. According to the court records in the stalking case, Laughton was publicly calling Groves a pedophile and using social media to amplify that accusation.

As Laughton was receiving the child sex abuse photos from Groves, the disgraced lawmaker was engaging in sexually explicit text conversations with Groves about having sex with children, according to court records. Laughton started showing other people the photos being sent by Groves last month, and texting the photos to those people, according to the complaint filed in federal court. The people who got the photos were disturbed by the images and reported the matter to the police, according to the complaint.

Laughton became New Hampshire’s first elected transgender state representative in 2012 and was praised by New Hampshire Democratic Party Chair Ray Buckley as part of the “backbone of the Granite State.”

After days of evasion — and under pressure from public officials hearing from a concerned public — Hillsborough County jail officials confirmed to NHJournal Thursday that former Democratic state Rep. Stacie Marie Laughton is being “housed in a male unit.”

The information was released the same day Laughton — a biological male who identifies as a woman — was indicted on new federal charges in a child daycare pornography case. The graphic details of the alleged crimes — involving children under the age of five — have left many in the Granite State stunned.

On Thursday, a grand jury handed up indictments against Laughton, 39, and lover Lindsay Groves, 38, on three counts each of sexual exploitation of children. Groves is also charged with one count of distributing child pornography.

Laughton additionally faces state charges of distributing child sex abuse images. The pair have been held in jail since their arrests last month.

After refusing for days to disclose where accused child pornographer Laughton is being held, Hillsborough County Department of Corrections Superintendent Joseph Costanzo relented and confirmed New Hampshire’s first transgender elected representative is being housed with other men.

“The individual you are seeking information on is housed in a male unit in accordance with PREA standard 115.42(c) & (e). The specific location and housing unit and cell assignment will not be disclosed to protect the safety of all individuals and the security of the institution,” Costanzo told NHJournal via email.

Laughton is listed as a biological male on the jail intake forms.

CLICK HERE FOR A FULL TIMELINE OF LAUGHTON’S CRIMINAL ACTIVITY, RECORD AS NH HOUSE DEM

Both Groves and Laughton are being held at Valley Street Jail in Manchester. Costanzo initially told NHJournal it was his policy not to disclose that information, claiming it was not a matter of public record. However, he could not cite any specific written policy or law prohibiting public disclosure.

The Prison Rape Elimination Act, or PREA, policies Costanzo cites deal with screening transgender and intersex inmates for housing assignments.

“(c) In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety and whether the placement would present management or security problems.”

And:

“(e) A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.”

State Rep. Kathrine Prudhomme O’Brien (R-Derry), who was among those pushing Costanzo to disclose Laughton’s housing gender assignment, said Laughton being kept with biological men is a victory for public safety.

“The safety of female inmates is important, and there shouldn’t be loopholes that could be taken advantage of that make them more vulnerable. I’m pleased to learn Laughton is housed appropriately,” Prudhomme O’Brien said.

Laughton has been in long-term relationships with biological women like his wife, Lisa Laughton, and Groves.

Laughton made national news in 2012 by becoming the first elected transgender member of the New Hampshire legislature, winning accolades from New Hampshire Democratic Party chairman Ray Buckley — despite the Democrat’s criminal history. After years of run-ins with the law, Laughton was still on a suspended sentence for a 2008 felony credit card fraud conviction under his original name, Barry Laughton, when Democrats endorsed him for the state House.

Laughton’s tangled criminal and political career also includes making a bomb threat at Southern New Hampshire Medical Center and stalking Groves.

According to a statement released Thursday, Groves worked at Creative Minds located in Tyngsborough, Mass. It is alleged that, between May 2022 and June 2023, Groves took nude images of children at the daycare and sent the photos to Laughton.

The pair engaged in graphic text conversations in which they discussed child rape. At one point, Laughton appears to admit to having raped a child in the past. Groves is accused in a civil lawsuit of molesting children at the daycare.

The investigation remains ongoing.