People wait in line outside the US Supreme Court in Washington, DC, on February 21, 2023 to hear oral arguments in two cases that test Section 230, the law that provides tech companies a legal shield over what their users post online.
Jim Watson | AFP | Getty Images
Supreme Court Justices voiced hesitation on Tuesday about upending a key legal shield that protects tech companies from liability for their users’ posts, and for how the companies moderate messages on their sites.
Justices across the ideological spectrum expressed concern with breaking the delicate balance set by Section 230 of the Communications Decency Act as they rule on the pivotal case, Gonzalez v. Google, even as some suggested a narrower reading of the liability shield could sometimes make sense.
The current case was brought by the family of an American killed in a 2015 terrorist attack in Paris. The petitioners argue that Google, through its subsidiary YouTube, violated the Anti-Terrorism Act by aiding and abetting ISIS, as it promoted the group’s videos through its recommendation algorithm. Lower courts sided with Google, saying Section 230 protects the company from being held liable for third-party content posted on its service.
The petitioners contend that YouTube’s recommendations actually constitute the company’s own speech, which would fall outside the bounds of the liability shield.
But the justices struggled to understand where the petitioner’s counsel, Eric Schnapper, was drawing the line on what counts as content created by YouTube itself.
Conservative Justice Samuel Alito at one point said he was “completely confused” by the distinction Schnapper tried to draw between YouTube’s own speech and that of a third party.
Schnapper repeatedly pointed to the thumbnail image YouTube shows users to display what video is coming up next, or is suggested based on their views. He said that thumbnail was a joint creation between YouTube and the third party that posted the video, in this case ISIS, because YouTube contributes the URL.
But several justices questioned whether that argument would apply to any attempt to organize information from the internet, including a search engine results page. They expressed concern that such a broad interpretation could have far-reaching effects the high court may not be prepared to predict.
Conservative Justice Brett Kavanaugh noted that courts have applied Section 230 consistently since its inception in the 1990s and pointed to the amici briefs that warned overhauling that interpretation would cause massive economic consequences for many businesses, as well as their workers, consumers and investors. Kavanaugh said those are “serious concerns” Congress could consider if it sought to rework the statute. But the Supreme Court, he said, is “not equipped to account for that.”
“You’re asking us right now to make a very precise predictive judgment that ‘Don’t worry, that it’s really not going to be that bad,'” Kavanaugh told U.S. Deputy Solicitor General Malcolm Stewart, who was arguing the high court should send the case back to the lower court for further consideration. “I don’t know that that’s at all the case. And I don’t know how we can assess that in any meaningful way.”
When Stewart suggested that Congress could amend 230 to account for changes in the reality of the internet today, Chief Justice John Roberts pushed back, noting “the amici suggests that if we wait for Congress to make that choice, the internet will be sunk.”
Even conservative Justice Clarence Thomas, who has openly written that the court should take up a case around Section 230, seemed skeptical of the petitioners’ line in the sand. Thomas noted that YouTube uses the same algorithm to recommend ISIS videos to users interested in that kind of content, as it uses to promote cooking videos to those interested in that subject. Plus, he said, he sees those as suggestions, not affirmative recommendations.
“I don’t understand how a neutral suggestion about something that you’ve expressed an interest in is aiding and abetting,” Thomas said.
The justices had tough questions for Google too, wondering if the liability protections are quite as broad as the tech industry would like to believe. Liberal Justice Ketanji Brown Jackson, for example, had a long back and forth with Lisa Blatt, counsel arguing on behalf of Google, about whether YouTube would be protected by Section 230 in the hypothetical scenario in which the company promotes an ISIS video on its homepage in a box marked “featured.”
Blatt said publishing a homepage is inherent to operating a website so should be covered by Section 230, and that organization is a core function of platforms, so if topic headings can’t be covered, the statute basically becomes a “dead letter.”
Liberal Justice Elena Kagan suggested it’s not necessary to agree completely with Google’s assessment of the fallout from altering 230 to fear the potential consequences.
“I don’t have to accept all of Ms. Blatt’s ‘the sky is falling’ stuff to accept something about, ‘Boy, there’s a lot of uncertainty about going the way you would have us go,’ in part just because of the difficulty of drawing lines in this area,” Kagan told Schnapper, adding the job may be better suited for Congress.
“We’re a court, we really don’t know about these things,” Kagan said. “These are not like the nine greatest experts on the internet.”
Section 230 proponents are optimistic
Several experts rooting for Google’s success in this case said they were more optimistic after the arguments than before at a press conference convened by Chamber of Progress, a center-left industry group that Google and other major tech platforms support.
Cathy Gellis is an independent attorney in the San Francisco Bay Area who filed an amicus brief on behalf of a person running a Mastodon server, as well as a Google-funded startup advocacy group and a digital think tank. She told CNBC that briefs like hers and others seemed to have a big impact on the court.
“It would appear that if nothing else, amicus counsel, not just myself, but my other colleagues, may have saved the day because it was evident that the justices took a lot of those lessons on board,” Gellis said.
“And it appeared overall that there was not a huge appetite to upend the internet, especially on a case that I believe for them looked rather weak from a plaintiff’s point of view.”
Still, Eric Goldman, a professor at Santa Clara University School of Law, said while he felt more optimistic on the outcome of the Gonzalez case, he remains concerned for the future of Section 230.
“I remain petrified that the opinion is going to put all of us in an unexpected circumstance,” Goldman said.
On Wednesday, the justices will hear a similar case with a different legal question.
In Twitter v. Taamneh, the justices will similarly consider whether Twitter can be held liable for aiding and abetting under the Anti-Terrorism Act. But in this case, the focus is on whether Twitter’s decision to regularly remove terrorist posts means it had knowledge of such messages on its platform and should have taken more aggressive action against them.
Conservative Justice Amy Coney Barrett asked Schnapper how the decision in that case could impact the one in the Google matter. Schnapper said if the court ruled against Taamneh, the Gonzalez counsel should be given the chance to amend their arguments in a way that fits the standard set in the other case.
At the Meta Connect developer conference, Mark Zuckerberg, head of the Facebook group Meta, shows the prototype of computer glasses that can display digital objects in transparent lenses.
Andrej Sokolow | Picture Alliance | Getty Images
Mark Zuckerberg on Wednesday unveiled the $799 Meta Ray-Ban Display glasses, the social media company’s first consumer-ready smart glasses with a built-in display.
The glasses, which costs $799, contain a small digital display that can be controlled via hand gestures through a wristband powered by neural technology, confirming a CNBC report in August. A promotional video of the new smart glasses appeared on Meta’s YouTube page on Monday but was later removed.
Tune in Thursday at 11:00 a.m. ET: Meta Chief Product Officer Chris Cox joins CNBC TV to discuss with Julia Boorstin the highlights of Meta’s annual Connect event, live from the company’s HQ in Menlo Park CA.
The new smart glasses are a bridge between the company’s audio-only Ray-Ban Meta smart glasses and the experimental Orion augmented reality glasses that the company revealed at last year’s Connect event. Orion can overlay 3D visuals over a person’s real-world field of view with the help of a wireless computing puck, but the glasses are expensive to make and not yet available to consumers.
The Meta Ray-Ban Display glasses come with the Meta Neural Band, an EMG wristband that allows users to control the device using hand gestures.
“These are glasses with the classic style that you’d expect from Ray-Ban, but they’re the first AI glasses with a high resolution display and a fully weighted Meta neural band,” Zuckerberg said.
With the new glasses, people can do tasks like watch videos through the display or see and respond to text messages, Zuckerberg said. The display doesn’t block a person’s view, and it disappears when not being used, he said.
The glasses go on sale in the U.S. on Sept. 30.
During a demo, Zuckerberg repeatedly attempted to call Meta tech chief Andrew Bosworth unsuccessfully.
“This is uh — you know, it happens,” Zuckerberg said.
Meta has been developing its smart glasses with eyewear giant EssilorLuxottica since 2019, and last year renewed a long-term partnership agreement to continue making the products.
The company on Wednesday also debuted the Oakley Meta Vanguard smart glasses, intended for athletes who participate in high-intensity sports like snowboarding and mountain biking. The Oakley-branded glasses will cost $499 when they launch on Oct. 21, making it $100 more expensive than the Oakley Meta HSTN glasses that went on sale in June.
The Oakley Meta Vanguard smart glasses have a sportier look than the Oakley Meta HSTN glasses thanks to a wraparound design that extends its colorful lenses around a person’s temples. Unlike the Oakley Meta HSTN glasses, the new model contains a button on the underside of its frames so that athletes who wear helmets can more easily capture photos and videos.
The new sports-centric smart glasses have up to nine hours of battery life, can capture 3K video and contain speakers that are louder than their predecessors. The glasses can connect with Garmin-branded fitness watches to track certain stats like their heart rates using the Meta AI assistant. Preorders start today.
Meta also debuted the Ray-Ban Meta (Gen 2), the latest version of the company’s original smart glasses. The Ray-Ban Meta (Gen 2) costs $379, up from $299 for the version released in 2023. The Ray-Ban Meta (Gen 2) has double the battery life of the previous model, lasting 8 hours on a single charge, and a more powerful camera that can capture 3K Ultra HD video. The new glasses go on sale today.
Zuckerberg also announced Horizon TV, pitching it as a way to watch television shows, sporting events and movies using the company’s Quest VR headsets. Some of Meta’s partners who will be contributing content to the app include Disney and Universal Pictures, Zuckerberg said.
Thomas Fuller | SOPA Images | Lightrocket | Getty Images
Cybersecurity company Netskope is eying a $7.3 billion valuation after pricing shares at $19 for its upcoming IPO, at the top end of its expected range.
Netskope will start trading on Thursday on the Nasdaq under the ticker symbol “NTSK.” The share sale raised $908.2 million.
Earlier this week, Netskope lifted its expected pricing range to between $17 and $19 a share, up from an original range of $15 to $17. The company revealed plans to go public last month.
Netskope’s offering comes amid a hot period for IPO activity after a years-long lull spurred by step inflation and soaring interest rates. The long-overdue resurgence has fueled optimism on Wall Street and in a venture capital industry eager for return on investment.
Ticket reseller StubHub slid 6% it its first day of trading Wednesday, but a lackluster start may not be reason for concern. CoreWeave went public in March and closed flat in its first day, with shares going on to triple.
Swedish buy now, pay later firm Klarna jumped 15% in its debut this month. Peter Thiel-backed cryptocurrency exchangeBullish, design software company Figma and stablecoin issuer Circle have also jumped since their recent market debuts.
Read more CNBC tech news
The cybersecurity sector is also undergoing a busy stretch for dealmaking fueled by ongoing artificial intelligence advancements and a shifting threat landscape.
Santa Clara, California-based Netskope was founded in 2012 and is led by co-founder and CEO Sanjay Beri. At the end of July, the company said it had 2,910 employees and 4,317 customers across 90 countries.
Annual recurring revenues rose 33% to $707 million at the end of July and revenues reached $328 million for the six months ended July 31. The company also reported a net loss of $170 million during that period.
Some of Netskope’s significant backers include Accel, Iconiq and Lightspeed Venture Partners.
Nscale, the UK-headquartered AI infrastructure provider.
Courtesy: Nscale
Two years ago, Nscale was a brand new startup in the U.K. that had yet to raise any outside funding or officially announce its existence.
Last year the London-based company came out of stealth, and in December announced that it had raised its Series A fundraising, totaling $155 million.
Now, Nscale finds itself at the center of the action in the hottest market on the planet: artificial intelligence. And it has close to $700 million in fresh capital from Nvidia, the world’s most valuable company.
In press releases on Tuesday, Nscale was named as an AI infrastructure partner for Nvidia, Microsoft and OpenAI, as the companies expand their buildouts in the U.K. Nscale then said it signed a five-year $6.2 billion agreement with Microsoft and Aker to develop “hyperscale AI infrastructure” in Europe, specifically Norway, where Aker is headquartered.
OpenAI made prior headlines with Nscale, announcing plans in July for a data center in Norway for a Stargate-branded AI data center. Nscale agreed to commit $1 billion for the project, with the goal of racking up 100,000 Nvidia graphics processing units (GPUs) at the site before 2027.
It’s a remarkably quick rise for a company that wasn’t even around when OpenAI kicked off the generative AI boom with the launch of ChatGPT in late 2022. At that time, what’s now Nscale was part of Arkon Energy, which was established a year earlier to provide infrastructure for cryptocurrency mining. Nscale was spun out to address soaring demand for data centers capable of handling AI workloads.
Read more CNBC tech news
Like CoreWeave, which went public this year and now sports a market cap of $58 billion, Nscale is combining data center space, power and lots of GPUs with its own software in order to an provide end-to-end service for AI infrastructure.
CoreWeave, which supplies infrastructure to Microsoft, Google, Nvidia and OpenAI, also has roots in crypto. Founded in 2017, the company built up its initial fleet of Nvidia GPUs for ethereum mining before pivoting to AI.
Nscale didn’t respond to a request for comment following this week’s announcements, but CEO Josh Payne, who previously founded Arkon, told CNBC in late July that the company was targeting two big problems in Europe. One is a lack of sufficient computing capacity and the other is a “very fragmented market.”
“What the continent needs is large AI infrastructure projects deploying compute [power],” Payne said, after the announcement with OpenAI for the Norway buildout. “The ecosystem can consume from the project to build AI products, to generate productivity growth and economic benefit.”
Payne wrote in a LinkedIn post on Wednesday that the agreement with Microsoft and Aker is a “huge win for European-owned AI infrastructure.”
Europe has been pushing the concept of “sovereign AI,” requiring data centers and AI workloads to be located and processed on European soil. Nscale has quickly emerged as an important player in the U.K.’s bid to evolve into a global leader in AI. In January, Britain laid out an AI “action plan,” promising to reduce bureaucracy to help its domestic AI sector thrive.
While Nscale is addressing the European market, many of its early partners are big U.S. AI vendors. They timed their announcements on Tuesday to President Donald Trump’s state visit to the U.K.
On Wednesday, Trump visited Windsor Castle and met with King Charles, Queen Camilla and other members of the royal family. His trip comes at a contentious moment for U.K. Prime Minister Keir Starmer, who is under pressure to bring stability to the country after the exit of Deputy Prime Minister Angela Rayner over a house tax scandal and a major cabinet reshuffle.
Microsoft headlined the U.K. announcements, committing $15.5 billion of new investment to computing equipment. The software giant said it plans to work with Nscale to construct what will become the U.K.’s largest supercomputer in Loughton, a suburban town in the English county of Essex.
The site will initially house 23,040 Nvidia Blackwell GPUs to be delivered in the first quarter of 2027. When it goes live, it will generate 50 megawatts of AI capacity, scalable to 90 megawatts, according to a statement from Nscale.
“No one can make that kind of capital investment unless they’ve got somebody already committed to spend the money once the work is complete, and that’s the role we’re playing,” Microsoft President Brad Smithsaid Tuesday, adding the deal represents a major vote of confidence in Nscale.
OpenAI said it would launch a U.K. version of Stargate through a partnership with Nscale and Nvidia. OpenAI will deploy 8,000 GPUs in the project’s first phase early next year, with the option to expand capacity to approximately 31,000 GPUs over time.
Stargate U.K. will operate across a number of sites in the country — one of the early ones being Cobalt Park, an industrial state in the Northern English city Newcastle. Stargate was initially spawned in the U.S. in January as part of President Trump’s effort to push investments in AI infrastructure.
Nvidia CEO Jensen Huang attends the “Winning the AI Race” Summit in Washington D.C., U.S., July 23, 2025.
Kent Nishimura | Reuters
Nvidia’s announcement on Tuesday included an investment of up to £11 billion ($15 billion) with Nscale and CoreWeave to boost U.K. AI infrastructure.
Nvidia CEO Jensen Huang separately revealed on Wednesday that the chipmaker had made a £500 million ($683 million) equity investment into Nscale.
“We convinced ourselves that Nscale could be a national champion for AI infrastructure in the U.K.,” Huang told journalists at a press conference in London.
Nick Patience, AI practice lead at the Futurum Group, told CNBC that Nscale is “a key part of Nvidia’s push in the U.K. market and an acknowledgment by the government that it has to do something to get the AI infrastructure built here, which has been a long slog.”
Rapid growth
After exiting stealth in May of last year, Nscale’s first public announcement came two months later, when the company partnered with UAE’s Open Innovation AI to deploy 30,000 GPUs. Around the same time, Nscale said it was acquiring Kontena, which was founded in 2018 and specialized in high-performance computing data centers.
The next month, Nscale announced an agreement with Asian telecom company Singtel to offer a “GPU-as-a-Service (GPUaaS),” and serve customers in Europe and Southeast Asia. Initially, Nscale’s infrastructure relied on GPUs from Advanced Micro Devices. Today, the startup promotes various offerings from market leader Nvidia.
Nscale’s big financing landed in December, when the company said it raised $155 million in a round led by Sandton Capital Partners, with participation from Kestrel0x1, Blue Sky Capital Managers and Florence Capital.
Sandton co-founder Rael Nurick said in the press release that with its “unique vertically integrated approach, Nscale is building the hyperscale AI platform to power AI at scale.”
Nscale said at the time that it had grown its AI data center pipeline to 1.3 gigawatts from 300 megawatts the prior year to and that it was aiming to have 350,000 GPUs running by the end of 2027.
By comparison, CoreWeave said at a banking conference last week that its portfolio consists of “about 2.2 gigawatts of capacity that’s coming online.” The company said in its IPO prospectus in March that its 32 data centers were running 250,000 GPUs.
It’s been a whirlwind few years for Payne, Nscale’s founder. While he was serving as executive chairman of Arkon, he was also operating chief at Australia’s Battery Future Acquisition Corp., a blank check company that says it’s “targeting critical battery minerals and related supply chains.”
He’s got a lot of work in front of him.
Building out AI data centers with costly GPUs is a capital intensive process that’s historically required a hefty amount of debt. CoreWeave had raised a total of $12.4 billion in debt through the end of 2024, in addition to well over $1 billion in equity financing before its IPO. It announced a $1.5 billion bond sale in July after a $2 billion debt offering in May.
Nscale was trying to raise $1.8 billion earlier this year through a private credit deal led by bankers at Goldman Sachs, according to Bloomberg.
In the December video tied to Nscale’s equity fundraising, Payne called it “one of the largest Series As raised in U.K., European history.” He said the company would use the cash to deploy up to another 4,000 GPUs in its data center in Norway and to develop up to 180 megawatts of capacity in the company’s portfolio.
The aim, Payne said, was to deploy 50,000 GPUs by the end of 2025 and 150,000 by the end of next year.
“The key challenges that we see in the market is the significant increase in density at the GPU level,” he said. “This funding allows us to scale up materially” he said, and to become “one of the largest players in Europe.”