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An attendee wears a Meta Platforms Inc. Oculus Quest 2 virtual reality (VR) headset at the Telefonica SA stand on day two of the Mobile World Congress at the Fira de Barcelona venue in Barcelona, Spain, on Tuesday, Feb. 28, 2023.

Angel Garcia | Bloomberg | Getty Images

Meta is spending billions of dollars a quarter to fulfill CEO Mark Zuckerberg’s dream of a futuristic virtual world that he calls the metaverse.

Despite the company’s commitment to making its founder’s dream come true, the virtual reality market is contracting.

Sales of VR headsets and augmented reality glasses in the U.S. plummeted nearly 40% to $664 million in 2023, as of Nov. 25, according to data shared with CNBC by research firm Circana. That’s a much steeper drop than last year, when sales of AR and VR devices slid 2% to $1.1 billion.

The two-year decline underscores Meta’s continuing challenge in bringing the immersive technology out of a niche gaming corner and into the mainstream. While Zuckerberg said, in announcing Facebook’s pivot to Meta in late 2021, that it would likely take a decade to reach a billion users, he may need to start showing more optimistic data to appease a shareholder base that’s been critical of the company’s hefty and risky investments.

Thus far, there hasn’t been a breakout success — or killer app — to validate Zuckerberg’s vision. Meta’s Reality Labs unit, which is developing VR and AR technologies, lost $3.7 billion in the third quarter on sales of $210 million. In total, the division has lost about $25 billion since the beginning of 2022, shortly after Zuckerberg renamed his company.  

Meta declined to provide a comment for this story but pointed to a blog post on Monday from Chief Technology Officer Andrew Bosworth, who runs Reality Labs. Bosworth called artificial intelligence and the metaverse Meta’s “two long-term bets on technologies of the future,” and said they’re beginning to “intersect in the form of products accessible to huge numbers of people.”

“Making long-term bets on emerging technologies isn’t easy,” Bosworth wrote. “It’s not guaranteed to work, and it’s certainly not cheap. It’s also one of the most valuable things a technology company can do — and the only way to remain relevant over the long run.”

Meta is currently the leader in the VR market, with sales of its Quest-branded headsets representing the bulk of the U.S. market by a large margin, said Ben Arnold, Circana’s consumer technology analyst. Sony released its second-generation PlayStation VR2 headset earlier this year but hasn’t picked up much market share due in part to the device’s reliance on the PlayStation 5 video game console, Arnold said.

Sony didn’t respond to a request for comment.

Arnold attributed the market’s rough year to a dearth of new stand-alone VR headsets that could excite users and a continued lack of a breakout app that has wide appeal among mainstream consumers.

Meta debuted the Quest 3 VR in October, starting at $499, or $200 more than where the predecessor Quest 2’s base model was initially priced in 2020. Sales have at least been strong enough to help lift the VR market during the pivotal holiday period, even if the year overall has been week.

Andrew Bosworth, Chief Technology Officer of Facebook, speaks during Meta Connect event at Meta headquarters in Menlo Park, California on September 27, 2023.

Josh Edelson | AFP | Getty Images

During an eight-week period spanning October and November, sales of VR headsets in the U.S. were $271 million, a 42% jump from the $191 million generated during the same period last year, Circana data showed.

Arnold said that the design and appeal of VR headsets has significantly improved over the years, and that “the products are progressing along a timeline that makes sense.”

“If there’s a challenge there, it’s how do you get great content for this hardware, how do pull some of those levers that enable a developer to put more resources into building a game or some kind of experience,” Arnold said. “That’s a little bit about the economics, and it’s about how many people are gravitating towards this platform or this particular device, and if I’m a developer, is that worth my while.”

Meta is hoping the Quest 3 will inspire developers to create compelling apps and games that utilize the device’s so-called passthrough feature, which allows for augmented reality experiences that mix digital graphics with real-world experiences. Numerous developers who attended Meta’s Connect conference in September said the passthrough technology represented an upgrade from the Quest 2.

Bosworth wrote in his blog post that, “Within months of the Meta Quest 3 launch, seven of the top 20 apps are mixed reality apps.” He added that Meta is “seeing strong signals that people really value these experiences.”

Bosworth said Meta is testing generative AI technologies in its newest Ray-Ban smart glasses to help people translate foreign languages “or come up with a funny caption for a photo you’ve taken.”

“Ray-Ban Meta smart glasses will let AI see the world from our perspective for the first time,” he wrote.

The company’s second-generation Ray-Ban glasses were released in October with a starting price of $299. Meta is hoping the devices offer another path for Zuckerberg to realize his metaverse vision, which has thus far been tethered to Quest headsets.

Here comes Apple

Heading into 2024, the big wild card for the VR market is Apple.

In June, Apple unveiled its Vision Pro mixed-reality headset, which is slated to hit the market next year at a starting price of $3,499.

The premium price suggests Apple is targeting early adopters, developers and companies as potential customers, VR developers told CNBC at Meta’s Connect event. VR enthusiasts are excited about Apple’s first headset, considering the company’s smashing success with consumer devices, and Vision Pro’s potential to integrate with products like the iPhone and iPad.

Apple didn’t respond to a request for comment.

The Vision Pro’s debut could also play a pivotal role in bolstering the fledging VR and AR market in 2024, according to research from IDC. In a September news release about the state of the market, Ramon Llamas, IDC research director, said, “Apple’s entry next year will bring much needed attention to a small market, but it will also force other companies to compete in different ways.”

Andrew Boone, an analyst at JMP Securities, said he was initially so impressed by Apple’s Vision Pro demos that he began to worry about Meta’s future in the market.

His thought at first was, “Apple was so far ahead that maybe Meta would just throw in the towel,” Boone said.

“I think my tone on that has changed,” he said. “I think the price was too high to actually get mass demand, so Zuck is going after a different version of this. Clearly, the Quest is more game focused.”

Apple CEO Tim Cook: We're excited about what we're seeing from Vision Pro developer labs

Boone says there’s “enough differentiation” between the Quest and Vision Pro devices that they can cater to different crowds, though he expects to learn a lot more about the VR market over the next 12 months.

Rolf Illenberger, CEO of German VR startup VRdirect, said companies are excited about the Vision Pro “because it’s Apple,” but there’s a perception that it’s more of a “lifestyle” device. Apple’s demos highlighted more entertainment-friendly uses like the ability to watch movies on a giant virtual display. Apple describes the Vision Pro as a “spatial computer,” capable of blending the physical world with digital content and visuals.

“That product is premium, so it also got people thinking about what does an ultra-premium experience look like and what are the use cases that arise from that,” said Circana’s Arnold.

High hopes for the enterprise

Illenberger sees the potential for Meta’s Quest 3 to make a splash in the enterprise for tasks like workforce training, onboarding and marketing. He noted that the device is $500 cheaper than the Quest Pro, which was released in 2022 as more of a business-focused device, and has many of the same features.

The consumer is more challenging. Aside from “early adopters and hardcore gaming kids,” Illenberger says, “there’s not enough convincing arguments to spend even $500 on VR.”

In the corporate VR market, Meta and Taiwan’s HTC are the leading suppliers of devices. Pico-branded headsets from TikTok parent ByteDance “are losing more and more ground,” Illenberger said. ByteDance has reportedly canceled the next version of its Pico headset and is instead shifting resources to another device more similar to Apple’s Vision Pro.

ByteDance didn’t respond to a request for comment.

When it comes to selling to businesses, Illenberger says Meta is starting to benefit from its name change in late 2021. He said that Zuckerberg’s rebranding has had a “psychological” impact on some companies who feel more more comfortable purchasing the devices without the tarnish of Facebook’s brand and the numerous associated data privacy scandals

“Rebranding the company to Meta was a genius move,” Illenberger said. “Not because he’s claiming the market for his company, but people more and more forget that Meta is in fact Facebook.”

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Google hit with second antitrust blow, adding to concerns about future of ads business

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Google hit with second antitrust blow, adding to concerns about future of ads business

Google CEO Sundar Pichai testifies before the House Judiciary Committee at the Rayburn House Office Building on December 11, 2018 in Washington, DC.

Alex Wong | Getty Images

Google’s antitrust woes are continuing to mount, just as the company tries to brace for a future dominated by artificial intelligence.

On Thursday, a federal judge ruled that Google held illegal monopolies in online advertising markets due to its position between ad buyers and sellers.

The ruling, which followed a September trial in Alexandria, Virginia, represents a second major antitrust blow for Google in under a year. In August, a judge determined the company has held a monopoly in its core market of internet search, the most-significant antitrust ruling in the tech industry since the case against Microsoft more than 20 years ago. 

Google is in a particularly precarious spot as it tries to simultaneously defend its primary business in court while fending off an onslaught of new competition due to the emergence of generative AI, most notably OpenAI’s ChatGPT, which offers users alternative ways to search for information. Revenue growth has cooled in recent years, and Google also now faces the added potential of a slowdown in ad spending due to economic concerns from President Donald Trump’s sweeping new tariffs.

Parent company Alphabet reports first-quarter results next week. Alphabet’s stock price dipped more than 1% on Thursday and is now down 20% this year.

Why Google's antitrust woes endangers its AI momentum

In Thursday’s ruling, U.S. District Judge Leonie Brinkema said Google’s anticompetitive practices “substantially harmed” publishers and users on the web. The trial featured 39 live witnesses, depositions from an additional 20 witnesses and hundreds of exhibits.

Judge Brinkema ruled that Google unlawfully controls two of the three parts of the advertising technology market: the publisher ad server market and ad exchange market. Brinkema dismissed the third part of the case, determining that tools used for general display advertising can’t clearly be defined as Google’s own market. In particular, the judge cited the purchases of DoubleClick and Admeld and said the government failed to show those “acquisitions were anticompetitive.”

“We won half of this case and we will appeal the other half,” Lee-Anne Mulholland, Google’s vice president or regulatory affairs, said in an emailed statement. “We disagree with the Court’s decision regarding our publisher tools. Publishers have many options and they choose Google because our ad tech tools are simple, affordable and effective.”

Attorney General Pam Bondi said in a press release from the DOJ that the ruling represents a “landmark victory in the ongoing fight to stop Google from monopolizing the digital public square.”

Potential ad disruption

If regulators force the company to divest parts of the ad-tech business, as the Justice Department has requested, it could open up opportunities for smaller players and other competitors to fill the void and snap up valuable market share. Amazon has been growing its ad business in recent years.

Meanwhile, Google is still defending itself against claims that its search has acted as a monopoly by creating strong barriers to entry and a feedback loop that sustained its dominance. Google said in August, immediately after the search case ruling, that it would appeal, meaning the matter can play out in court for years even after the remedies are determined.

The remedies trial, which will lay out the consequences, begins next week. The Justice Department is aiming for a break up of Google’s Chrome browser and eliminating exclusive agreements, like its deal with Apple for search on iPhones. The judge is expected to make the ruling by August.

Google CEO Sundar Pichai (L) and Apple CEO Tim Cook (R) listen as U.S. President Joe Biden speaks during a roundtable with American and Indian business leaders in the East Room of the White House on June 23, 2023 in Washington, DC.

Anna Moneymaker | Getty Images

After the ad market ruling on Thursday, Gartner’s Andrew Frank said Google’s “conflicts of interest” are apparent by how the market runs.

“The structure has been decades in the making,” Frank said, adding that “untangling that would be a significant challenge, particularly since lawyers don’t tend to be system architects.”

However, the uncertainty that comes with a potentially years-long appeals process means many publishers and advertisers will be waiting to see how things shake out before making any big decisions given how much they rely on Google’s technology.

“Google will have incentives to encourage more competition possibly by loosening certain restrictions on certain media it controls, YouTube being one of them,” Frank said. “Those kind of incentives may create opportunities for other publishers or ad tech players.”

A date for the remedies trial hasn’t been set.

Damian Rollison, senior director of market insights for marketing platform Soci, said the revenue hit from the ad market case could be more dramatic than the impact from the search case.

“The company stands to lose a lot more in material terms if its ad business, long its main source of revenue, is broken up,” Rollison said in an email. “Whereas divisions like Chrome are more strategically important.”

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Discord sued by New Jersey over child safety features

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Discord sued by New Jersey over child safety features

Jason Citron, CEO of Discord in Washington, DC, on January 31, 2024.

Andrew Caballero-Reynolds | AFP | Getty Images

The New Jersey attorney general sued Discord on Thursday, alleging that the company misled consumers about child safety features on the gaming-centric social messaging app.

The lawsuit, filed in the New Jersey Superior Court by Attorney General Matthew Platkin and the state’s division of consumer affairs, alleges that Discord violated the state’s consumer fraud laws.

Discord did so, the complaint said, by allegedly “misleading children and parents from New Jersey” about safety features, “obscuring” the risks children face on the platform and failing to enforce its minimum age requirement.

“Discord’s strategy of employing difficult to navigate and ambiguous safety settings to lull parents and children into a false sense of safety, when Discord knew well that children on the Application were being targeted and exploited, are unconscionable and/or abusive commercial acts or practices,” lawyers wrote in the legal filing.

They alleged that Discord’s acts and practices were “offensive to public policy.”

A Discord spokesperson said in a statement that the company disputes the allegations and that it is “proud of our continuous efforts and investments in features and tools that help make Discord safer.”

“Given our engagement with the Attorney General’s office, we are surprised by the announcement that New Jersey has filed an action against Discord today,” the spokesperson said.

One of the lawsuit’s allegations centers around Discord’s age-verification process, which the plaintiffs believe is flawed, writing that children under thirteen can easily lie about their age to bypass the app’s minimum age requirement.

The lawsuit also alleges that Discord misled parents to believe that its so-called Safe Direct Messaging feature “was designed to automatically scan and delete all private messages containing explicit media content.” The lawyers claim that Discord misrepresented the efficacy of that safety tool.

“By default, direct messages between ‘friends’ were not scanned at all,” the complaint stated. “But even when Safe Direct Messaging filters were enabled, children were still exposed to child sexual abuse material, videos depicting violence or terror, and other harmful content.”

The New Jersey attorney general is seeking unspecified civil penalties against Discord, according to the complaint.

The filing marks the latest lawsuit brought by various state attorneys general around the country against social media companies.

In 2023, a bipartisan coalition of over 40 state attorneys general sued Meta over allegations that the company knowingly implemented addictive features across apps like Facebook and Instagram that harm the mental well being of children and young adults.

The New Mexico attorney general sued Snap in Sep. 2024 over allegations that Snapchat’s design features have made it easy for predators to easily target children through sextortion schemes.

The following month, a bipartisan group of over a dozen state attorneys general filed lawsuits against TikTok over allegations that the app misleads consumers that its safe for children. In one particular lawsuit filed by the District of Columbia’s attorney general, lawyers allege that the ByteDance-owned app maintains a virtual currency that “substantially harms children” and a  livestreaming feature that “exploits them financially.”

In January 2024, executives from Meta, TikTok, Snap, Discord and X were grilled by lawmakers during a senate hearing over allegations that the companies failed to protect children on their respective social media platforms.

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23andMe bankruptcy under congressional investigation for customer data

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23andMe bankruptcy under congressional investigation for customer data

Signage at 23andMe headquarters in Sunnyvale, California, U.S., on Wednesday, Jan. 27, 2021.

David Paul Morris | Bloomberg | Getty Images

The House Committee on Energy and Commerce is investigating 23andMe‘s decision to file for Chapter 11 bankruptcy protection and has expressed concern that its sensitive genetic data is “at risk of being compromised,” CNBC has learned.

Rep. Brett Guthrie, R-Ky., Rep. Gus Bilirakis, R-Fla., and Rep. Gary Palmer, R.-Ala., sent a letter to 23andMe’s interim CEO Joe Selsavage on Thursday requesting answers to a series of questions about its data and privacy practices by May 1.

The congressmen are the latest government officials to raise concerns about 23andMe’s commitment to data security, as the House Committee on Oversight and Government Reform and the Federal Trade Commission have sent the company similar letters in recent weeks.

23andMe exploded into the mainstream with its at-home DNA testing kits that gave customers insight into their family histories and genetic profiles. The company was once valued at a peak of $6 billion, but has since struggled to generate recurring revenue and establish a lucrative research and therapeutics businesses.

After filing for bankruptcy in in Missouri federal court in March, 23andMe’s assets, including its vast genetic database, are up for sale.

“With the lack of a federal comprehensive data privacy and security law, we write to express our great concern about the safety of Americans’ most sensitive personal information,” Guthrie, Bilirakis and Palmer wrote in the letter.

23andMe did not immediately respond to CNBC’s request for comment.

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23andMe has been inundated with privacy concerns in recent years after hackers accessed the information of nearly 7 million customers in 2023. 

DNA data is particularly sensitive because each person’s sequence is unique, meaning it can never be fully anonymized, according to the National Human Genome Research Institute. If genetic data falls into the hands of bad actors, it could be used to facilitate identity theft, insurance fraud and other crimes.

The House Committee on Energy and Commerce has jurisdiction over issues involving data privacy. Guthrie serves as the chairman of the committee, Palmer serves as the chairman of the Subcommittee on Oversight and Investigations and Bilirakis serves as the chairman of the Subcommittee on Commerce, Manufacturing and Trade.

The congressmen said that while Americans’ health information is protected under legislation like the Health Insurance Portability and Accountability Act, or HIPAA, direct-to-consumer companies like 23andMe are typically not covered under that law. They said they feel “great concern” about the safety of the company’s customer data, especially given the uncertainty around the sale process.

23andMe has repeatedly said it will not change how it manages or protects consumer data throughout the transaction. Similarly, in a March release, the company said all potential buyers must agree to comply with its privacy policy and applicable law. 

“To constitute a qualified bid, potential buyers must, among other requirements, agree to comply with 23andMe’s consumer privacy policy and all applicable laws with respect to the treatment of customer data,” 23andMe said in the release.

23andMe customers can still delete their account and accompanying data through the company’s website. But Guthrie, Bilirakis and Palmer said there are reports that some users have had trouble doing so.

“Regardless of whether the company changes ownership, we want to ensure that customer access and deletion requests are being honored by 23andMe,” the congressmen wrote.

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