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A legal test that Google’s lawyer told the Supreme Court was roughly “96% correct” could drastically undermine the liability shield that the company and other tech platforms have relied on for decades, according to several experts who advocate for upholding the law to the highest degree.

The so-called “Henderson test” would significantly weaken the power of Section 230 of the Communications Decency Act, several experts said in conversations and briefings following oral arguments in the case Gonzalez v. Google. Some of those who criticized Google’s concession even work for groups backed by the company.

Section 230 is the statute that protects tech platforms’ ability to host material from users — like social media posts, uploaded video and audio files, and comments — without being held legally liable for their content. It also allows platforms to moderate their services and remove posts they consider objectionable.

The law is central to the question that will be decided by the Supreme Court in the Gonzalez case, which asks whether platforms like Google’s YouTube can be held responsible for algorithmicaly recommending user posts that seem to endorse or promote terrorism.

In arguments on Tuesday, the justices seemed hesitant to issue a ruling that would overhaul Section 230.

But even if they avoid commenting on that law, they could still issue caveats that change the way it’s enforced, or clear a path for changing the law in the future.

What is the Henderson test?

One way the Supreme Court could undercut Section 230 is by endorsing the Henderson test, some advocates believe. Ironically, Google’s own lawyers may have given the court more confidence to endorse this test, if it chooses to do so.

The Henderson test came about from a November ruling by the Fourth Circuit appeals court in Henderson v. The Source for Public Data. The plaintiffs in that case sued a group of companies that collect public information about individuals, like criminal records, voting records and driving information, then put in a database that they sell to third parties. The plaintiffs alleged that the companies violated the Fair Credit Reporting Act by failing to maintain accurate information, and by providing inaccurate information to a potential employer.

A lower court ruled that Section 230 barred the claims, but the appeals court overturned that decision.

The appeals court wrote that for Section 230 protection to apply, “we require that liability attach to the defendant on account of some improper content within their publication.”

In this case, it wasn’t the content itself that was at fault, but how the company chose to present it.

The court also ruled Public Data was responsible for the content because it decided how to present it, even though the information was pulled from other sources. The court said it’s plausible that some of the information Public Data sent to one of the plaintiff’s potential employers was “inaccurate because it omitted or summarized information in a way that made it misleading.” In other words, once Public Data made changes to the information it pulled, it became an information content provider.

Should the Supreme Court endorse the Henderson ruling, it would effectively “moot Section 230,” said Jess Miers, legal advocacy counsel for Chamber of Progress, a center-left industry group that counts Google among its backers. Miers said this is because Section 230’s primary advantage is to help quickly dismiss cases against platforms that center on user posts.

“It’s a really dangerous test because, again, it encourages plaintiffs to then just plead their claims in ways that say, well, we’re not talking about how improper the content is at issue,” Miers said. “We’re talking about the way in which the service put that content together or compiled that content.”

Eric Goldman, a professor at Santa Clara University School of Law, wrote on his blog that Henderson would be a “disastrous ruling if adopted by SCOTUS.”

“It was shocking to me to see Google endorse a Henderson opinion, because it’s a dramatic narrowing of Section 230,” Goldman said at a virtual press conference hosted by Chamber of Progress after the arguments. “And to the extent that the Supreme Court takes that bait and says, ‘Henderson’s good to Google, it’s good to us,’ we will actually see a dramatic narrowing of Section 230 where plaintiffs will find lots of other opportunities to to bring cases that are based on third-party content. They’ll just say that they’re based on something other than the harm that was in the third party content itself.”

Google pointed to the parts of its brief in the Gonzalez case that discuss the Henderson test. In the brief, Google attempts to distinguish the actions of a search engine, social media site, or chat room that displays snippets of third-party information from those of a credit-reporting website, like those at issue in Henderson.

In the case of a chatroom, Google says, although the “operator supplies the organization and layout, the underlying posts are still third-party content,” meaning it would be covered by Section 230.

“By contrast, where a credit-reporting website fails to provide users with its own required statement of consumer rights, Section 230(c)(1) does not bar liability,” Google wrote. “Even if the website also publishes third-party content, the failure to summarize consumer rights and provide that information to customers is the website’s act alone.”

Google also said 230 would not apply to a website that “requires users to convey allegedly illegal preferences,” like those that would violate housing law. That’s because by “‘materially contributing to [the content’s] unlawfulness,’ the website makes that content its own and bears responsibility for it,” Google said, citing the 2008 Fair Housing Council of San Fernando Valley v. Roommates.com case.

Concerns over Google’s concession

Section 230 experts digesting the Supreme Court arguments were perplexed by Google’s lawyer’s decision to give such a full-throated endorsement of Henderson. In trying to make sense of it, several suggested it might have been a strategic decision to try to show the justices that Section 230 is not a boundless free pass for tech platforms.

But in doing so, many also felt Google went too far.

Cathy Gellis, who represented amici in a brief submitted in the case, said at the Chamber of Progress briefing that Google’s lawyer was likely looking to illustrate the line of where Section 230 does and does not apply, but “by endorsing it as broadly, it endorsed probably more than we bargained for, and certainly more than necessarily amici would have signed on for.”

Corbin Barthold, internet policy counsel at Google-backed TechFreedom, said in a separate press conference that the idea Google may have been trying to convey in supporting Henderson wasn’t necessarily bad on its own. He said they seemed to try to make the argument that even if you use a definition of publication like Henderson lays out, organizing information is inherent to what platforms do because “there’s no such thing as just like brute conveyance of information.”

But in making that argument, Barthold said, Google’s lawyer “kind of threw a hostage to fortune.”

“Because if the court then doesn’t buy the argument that Google made that there’s actually no distinction to be had here, it could go off in kind of a bad direction,” he added.

Miers speculated that Google might have seen the Henderson case as a relatively safe one to cite, given than it involves an alleged violation of the Fair Credit Reporting Act, rather than a question of a user’s social media post.

“Perhaps Google’s lawyers were looking for a way to show the court that there are limits to Section 230 immunity,” Miers said. “But I think in in doing so, that invites some pretty problematic reading readings into the Section 230 immunity test, which can have pretty irreparable results for future internet law litigation.”

WATCH: Why the Supreme Court’s Section 230 case could reshape the internet

Why the Supreme Court's Section 230 case could reshape the internet

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Trump budget cuts, agency gutting, leave Americans and economy at greater risk of being hacked, experts warn

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Trump budget cuts, agency gutting, leave Americans and economy at greater risk of being hacked, experts warn

Almost a year into the second Trump administration, public sector leaders and cybersecurity experts say budget cuts and gutting of federal agencies are weakening critical lines of government communication to help companies prepare and respond to cyberattacks, even as AI threats are rising.

The most recent assessment of cybersecurity, based on the goals set forward by the bipartisan U.S. Cyberspace Solarium Commission, found that the U.S. was slipping in its progress toward 82 goals to create a strong cyber defense. “We were surprised and disappointed,” said Ret. Admiral Mark Montgomery, the executive director of Cybersolarium.org. The goals include things like reducing complex regulations on critical infrastructure companies, adding to cyber capacity in the FBI and within intelligence agencies, and improving K-12 cybersecurity education.

Montgomery said the primary causes of the slip in cyber readiness are cuts at the Cybersecurity and Infrastructure Agency, as well as earlier DOGE efforts carving a wide swath through the State Department, the National Science Foundation, National Institute of Standards and Technology and the U.S. Department of Commerce.

Meanwhile, a law that enabled companies to share information about cybersecurity without antitrust or liability concerns lapsed on Sept. 30.

The assessment of the Cyberspace Solarium Commission, now part of the Foundation for Defense of Democracies, came despite public commitments by the Trump administration to cyber defense improvements, which the White House outlined in a June executive order framing its approach as “sustaining select efforts to strengthen the nation’s cybersecurity.” 

“Under the leadership of President Trump and Secretary Noem [Department of Homeland Security Secretary Krisit Noem], CISA is steadfastly fulfilling its core mission by demonstrating daily operational collaboration, accelerating intelligence sharing, and strengthening our defense of cybersecurity and critical infrastructure across the nation,” wrote a CISA spokeswoman in an emailed statement.

“I agree that we have more pessimistic view of government cybersecurity efforts over the past eight months, as opposed to the administration’s self assessment,” said Montgomery.

A less proactive federal government when it comes to cybersecurity is concerning based on the recent history of rising nation-state linked attacks. On Thursday, the Congressional Budget Office was targeted in a hack, reportedly by a foreign nation-state actor, according to the Washington Post.

Some cybersecurity actions are also stalled in Congress. For instance, the Trump administration’s nominee for head of CISA, Sean Plankey, has yet to be confirmed since summer hearings.  

The upshot, according to national security experts, is a federal government that is less active than it should be in cybersecurity efforts across the country.

“We’re shifting responsibility for primary coordination of cybersecurity to states and industry while simultaneously gutting the resources that would help them do that. Federal grant funding for state and local cybersecurity and critical partnerships has been slashed, while the Cybersecurity Information Sharing Act protection expired in October,” wrote Carole House, former National Security Council Special Advisor and CEO of Penumbra Strategies in a message. “We’re handing off coordination (to industry) while kicking away the ladder,” she added.

Experts are also concerned about a rule that would have made big tech companies responsible for developing safer software for businesses and consumers, which has been stripped of its enforcement mechanism. The result, according to experts’ assessments, is that Americans and the U.S. economy are less safe from cyberattacks than a year ago.

Nor are military agencies necessarily picking up the slack. “I’ve been very concerned about the top leadership at Cyber Command and the (National Security Agency) being vacant for eight months. That translates to inertia and lack of direction,” said U.S. Rep. Don Bacon, a Republican from the second district of Nebraska who is not running for re-election, in an emailed statement. “Further, this Administration has been significantly cutting the budget and personnel for CISA, which is out on the front lines to defend our private sector and infrastructure from cyberattack.” 

‘Death by a thousand papercuts’

Montgomery cited the 2023 discovery of Volt Typhoon, a cyber attacker from the People’s Republic of China that had infiltrated critical infrastructure companies such as those operating in telecoms, water, transportation and energy, as an example of what is happening while the federal government retreats. Volt Typhoon could have been “operational preparation of the battlefield,” said Montgomery. When it was discovered, CISA issued recommendations of patches and steps that private companies should take. But not all of the infiltrations have been detected; and meanwhile, there are probably new attacks happening now. But the mechanisms for sharing that information have been gutted by the administration’s cuts and the political gridlock in Washington, D.C.

“The only way you’re going to detect this is with assistance from the government,” said Montgomery. “There are tell-tale signs that can be shared.”

In the springtime, cybersecurity experts began referring to the situation as “death by a thousand papercuts.”

Because critical infrastructure in the United States is owned and managed by companies large and small across the company, the cybersecurity defense system that had evolved under the past few administrations was complex and relied on public-private partnerships. The weakening of the public sector support for cybersecurity is throwing more responsibility onto companies.

Among many other reductions, the Trump administration disbanded an entity called the CIPAC, which enabled sharing of information between the federal government and the owners of parts of critical infrastructure, ranging from water systems to finance companies to electric grid operators to hospitals. Because it was disbanded, many industrial councils, including the one that pulled companies in the defense industrial base together to share information, are not operating as they were before. Montgomery said he believed companies were exchanging information, but not as freely or in as coordinated a way. 

The responses across industries have been haphazard. For instance, the E-ISAC, a cybersecurity information sharing council for the electric industry, is operating, but others, including the elections infrastructure council, have been defunded.

“The biggest regression is not technology, it is coordination,” said Evan Reiser, CEO of Abnormal AI, who said by email that he agreed with the concern from public sector leaders. “Signals are trapped in silos across agencies and vendors. Without real-time sharing of high-quality telemetry, defenders fight blind,” he said.

AI makes retreat on cyber defense more dangerous

Meanwhile, the threat is changing and growing exponentially because of artificial intelligence, said Kaitlin Betancourt, a partner at law firm Goodwin who focuses on cybersecurity law and compliance, and AI strategy and governance. “I think the cybersecurity risks that we’re being presented with right now have gone sharply up. Any cutting back of resources is the opposite direction of where we need to be,” she said.

Cybercriminals are embedding AI throughout their operations, from victim profiling, to automated service delivery and creating false identities. In one case in late summer, generative AI company Anthropic said criminals used its Claude chatbot to attack 17 different organizations with psychologically targeted, industry-specific extortion threats ranging from $75,000 to $500,000. The company said it was able to stop the attack.

Most cyberattacks come through legacy systems, such as email and spreadsheets, used by humans who fall prey to increasingly sophisticated lures. The Biden administration put in place a new measure requiring large software companies to attest to CISA that they had secure software. Those that failed would be referred to the attorney general for enforcement.

In June, Trump issued an executive order amending Obama and Biden executive orders on cybersecurity. The Trump order kept the requirements for attestation — meaning software companies need to report and show that they developed their software in a safe fashion. But the order also removed language that encouraged the national cyber director to refer attestations that fail validation to the attorney general for action as appropriate. In February, the Justice Department had brought an enforcement action against a software company related to compliance with cybersecurity standards. 

“Trump’s order retains an emphasis on software supply chain cybersecurity. It retains much of the Biden administration’s framework but scales back prescriptive directives and enforcement mechanisms, particularly those related to secure software development “attestations,” Betancourt and her colleagues wrote.

Cybercriminals generally aim to steal data or shut down systems in extortion schemes. In some cases, they are simply criminals; in other cases, the criminals are affiliated with nation-states, such as China, North Korea or Iran, whose missions are to damage the U.S. or fund their own operations. For instance, in February, hackers sponsored by North Korea stole approximately $1.5 billion in ethereum from the Binance cryptocurrency exchange, which has no official headquarters. Officials suspect the money will be laundered and used for the North Korean missile program.

In other cases, the attackers, especially those affiliated with geopolitical foes, may simply be undermining the economy of the United States without triggering a conventional war. And, of course, in the cat-and-mouse game, the United States can be waging its own instructions and cyberattacks on other countries’ systems. Officials from the Trump administration have spoken publicly about beefing up offensive capabilities, though it’s not clear how. Meanwhile, experts say both offense and defense are necessary – with the latter relying heavily on the private sector to spend in an informed way to protect their systems.

“I think we can recover from this,” Montgomery said. “But you can’t continue to cut.”

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Musk’s $1 trillion pay, a price cut for obesity drugs, Target’s in-store woes and more in Morning Squawk

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Musk's  trillion pay, a price cut for obesity drugs, Target's in-store woes and more in Morning Squawk

Tesla CEO Elon Musk attends the Saudi-U.S. Investment Forum, in Riyadh, Saudi Arabia, May 13, 2025.

Hamad I Mohammed | Reuters

This is CNBC’s Morning Squawk newsletter. Subscribe here to receive future editions in your inbox.

Here are five key things investors need to know to start the trading day:

1. +$1 trillion

The richest man in the world is about to get a lot richer.

Tesla shareholders approved CEO Elon Musk’s nearly $1 trillion pay plan yesterday, with 75% voting in support of the proposal despite opposition from top proxy advisors. The pay package will grant Musk 12 tranches of shares if the company reaches certain milestones over the next decade. It also gives the CEO more voting power over Tesla, increasing his ownership from 13% to 25%.

One of those milestones is the delivery of 1 million Optimus humanoid robots, which Musk on Thursday said “will eliminate poverty” and be “bigger than cell phones, bigger than anything.” The robots are currently not available on the market, and Musk didn’t give a timeline for their development.

2. AI angst

Traders works on the floor of the New York Stock Exchange.

NYSE

Stocks resumed their sell-off yesterday as traders continued to weigh fears about the elevated valuations of artificial intelligence stocks. Shares of Nvidia, Advanced Micro Devices and Microsoft all closed lower, putting the three major averages on track for a losing week.

Here’s what to know:

  • After Wednesday’s positive session, traders appeared to refocus on their concerns surrounding tech sector valuations and the role of AI stocks in a highly concentrated market.
  • The tech-heavy Nasdaq Composite dropped 1.9% yesterday, and the Dow Jones Industrial Average lost 400 points.
  • A murky employment picture has also pressured stocks this week. The Bureau of Labor Statistics will not release its nonfarm payrolls report today due to the government shutdown, but data from outplacement firm Challenger, Gray & Christmas yesterday showed that layoffs surged in October.
  • Job cuts totaled 153,074 last month, according to the report, a 183% surge from September and 175% increase from a year ago.
  • If the BLS had released its jobs report today, economists surveyed by Dow Jones expected to see a decline of 60,000 jobs in October and an increase in the unemployment rate to 4.5%.
  • Follow live market updates here.

3. Price cut

Novo Nordisk CEO Maziar Mike Doustdar shakes hands with U.S. President Donald Trump during an event to announce a deal with Eli Lilly and Novo Nordisk to reduce the prices of GLP-1 weight‑loss drugs during an event in the Oval Office at the White House in Washington, D.C., U.S., November 6, 2025.

Jonathan Ernst | Reuters

President Donald Trump announced deals with Eli Lilly and Novo Nordisk yesterday to drastically cut the prices of some of the pharma giants’ obesity drugs. The agreements also mean that Medicare will cover GLP-1 drugs for obesity for the first time, starting mid-2026.

The monthly out-of-pocket price of the popular drugs could range from $50 to $350 under the deal, depending on patients’ dosage and insurance. The list prices of obesity medications reach as much as $1,350 a month before insurance.

Here’s how much the drugs could cost you under the new agreements.

4. Bailouts and backstops

David Sacks, U.S. President Donald Trump’s AI and Crypto Czar, speaks to press outside of the White House on March 07, 2025 in Washington, DC. Sacks spoke about the executive order on Crypto and U.S. Digital Asset Stockpile. 

Kayla Bartkowski | Getty Images

David Sacks, Trump’s AI and crypto advisor, said yesterday there will be “no federal bailout for AI.” His comments followed those of OpenAI CFO Sarah Friar, who earlier this week said the company was seeking a government “backstop” or “guarantee” to help fund its investments.

But Friar walked back her comments yesterday: “I used the word ‘backstop’ and it muddied the point,” Friar said in a LinkedIn post. “I was making the point that American strength in technology will come from building real industrial capacity which requires the private sector and government playing their part.”

Meanwhile, OpenAI CEO Sam Altman said the AI startup expects to bring in more than $20 billion in annualized revenue this year “and grow to hundreds of billions by 2030.” The company has recently signed infrastructure deals worth more than $1.4 trillion, but investors are still unsure where it will get the money to pay for the commitments.

Get Morning Squawk directly in your inbox

5. Cleanup on aisle T

A shopper looks down an aisle in a Target store in Upper Saint Clair, Pa., on Friday, July 7, 2023.

Gene J. Puskar | AP

Shoppers aren’t happy with Target’s in-store experience. The company’s stores used to be the model for big-box retailers, but Target has been plagued by customer complaints about messy aisles, long lines and locked-up products.

So, it’s shaking up its website strategy.

Unlike its competitors, Target uses its stores as fulfillment centers for e-commerce orders. But under its new approach, the retailer will begin limiting which of its stores pick, pack and ship online purchases. Target executives are hoping the move will free up employees to focus more on the in-store experience.

The Daily Dividend

Here’s what you might have missed this week:

CNBC’s Lora Kolodny, Pia Singh, Sean Conlon, Liz Napolitano, Annika Kim Constantino, Ashley Capoot and Melissa Repko contributed to this report. Melodie Warner edited this edition.

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AI valuation fears grip global investors as tech bubble concerns grow

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AI valuation fears grip global investors as tech bubble concerns grow

A trader works on the floor of the New York Stock Exchange on Oct. 30, 2025 in New York.

Angela Weiss | AFP | Getty Images

This week’s equity market wobble, which saw a retreat in U.S. artificial intelligence-related stocks amid ongoing concerns over stretched valuations, has thrust contagion fears into the spotlight for global investors.

Goldman Sachs CEO David Solomon warned this week of a “likely” 10-20% drawdown in equity markets at some point within the next two years, while the International Monetary Fund and the Bank of England have both sounded the alarm bells.

Bank of England Governor Andrew Bailey highlighted the possibilities of an AI bubble in an interview with CNBC on Thursday, noting that the “very positive productivity contribution” from technology companies could be offset by uncertainty around future earning steams in the sector.

“We have to be very alert to these risks,” Bailey said.

Legrand is one of several European companies which is benefitting from the AI boom. The French company, which sells products to Alphabet, Amazon and others to help cool servers, has seen its shares surge 37% this year, roughly as much as Nvidia.

AI valuation fears are back and European stocks aren't immune

Anders Danielsson, CEO of Swedish construction group Skanska, which builds data centers and other AI infrastructure assets, shrugged off concerns about a slowdown.

“In the U.S. we have a very strong pipeline of data centers — we don’t see any slowdown there,” he told CNBC. “We are working with large international customers and they are also interested in building data centers in central Europe, and in the Nordics and the U.K. We haven’t seen any slowdown really.”

Meanwhile Kiran Ganesh, multi-asset strategist at UBS, highlighted a notable lack of volatility, adding that the broader narrative remains positive.

“We’ve had a remarkably smooth rally given the scale of investment that’s taken place, given the uncertainty about future cash flows, and given some of those concerns about valuation,” Ganesh told CNBC’s “Europe Early Edition” on Friday.

“As we’ve gone through earnings season, I think it’s reasonable to have expected some volatility, but actually when we look at the results, and they have been reassuring, we’re still up over the course of earnings season and they have been beating expectations. So although some volatility has been materializing this week, we think that’s to be expected and the bigger picture still remains positive.”

Still, many investors appear to be souring on the increasingly-stretched valuations.

In Asia, shares of SoftBank Group — which is active across AI infrastructure, semiconductor and application companies — have fallen sharply, with the Japanese group suffering almost $50 billion in weekly losses. SoftBank resumed its downward trajectory on Friday, after dropping about 10% on Wednesday.

On Tuesday, it emerged that Scion Asset Management, the hedge fund led by “The Big Short” investor Michael Burry, had built short positions against both Palantir Technologies and Nvidia, drawing the ire of Palantir CEO Alex Karp.

“Some big tech stocks are on sale, and are presenting buying opportunities for investors, especially for investors who have missed out on the market’s strength over the past two months,” said Glen Smith, chief investment officer at GDS Wealth Management.

Other investors have flagged concentration risk in U.S. equities, and advocate looking further afield.

Luca Paolini, chief strategist at Pictet Asset Management, said stretched valuations mean the firm is neutral on U.S. names. “Emerging markets are preferred, with diversified exposure across India, Brazil, and broader EM benefiting from AI-driven investment and monetary easing,” Paolini said in a market commentary.

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