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Consumers have become accustomed to all sorts of labels and seals of approval on products in the shopping process, from the Energy Star to sustainability standards. Next up, shoppers should prepare for a hacking-safe seal of approval in the works for home gadgets and appliances coming from the federal government.

Last July, the Biden administration and the Federal Communications Commission proposed the creation of the U.S. Cyber Trust Mark program, a voluntary cybersecurity product-labeling initiative to help consumers choose internet-connected devices that are certified by manufacturers as safe from hackers, scammers and other cyber criminals.

The final details are still to be determined, but as proposed, the program will require participating manufacturers of smart, internet of things (IoT) devices — including doorbell cameras, voice-activated speakers, baby monitors, TVs, kitchen appliances, thermostats and fitness trackers — to meet a series of cybersecurity standards developed by the National Institute of Standards and Technology (NIST). That includes unique passwords, data protection, software patches and updates, and incident detection capabilities.

Not included in the program, as it now stands, are smartphones, personal computers, routers and certain internet-connected medical devices, such as smart thermometers and CPAP machines, which are protected by Federal Drug Administration regulations. Also excluded are motor vehicles and the data stored in them, which are overseen by the National Highway Traffic Safety Administration, and where data privacy concerns have been rising.

The program will rely on public-private collaboration, with the FTC providing oversight and enforcement, and approved third-party label administrators managing activities such as evaluating product applications, authorizing use of the label and consumer education. Compliance testing will be handled by accredited labs.

Packaging for products that meet the criteria will carry a U.S. Cyber Trust Mark shield logo emblazoned with a QR code that consumers can scan on a smartphone to receive detailed, up-to-date security information about that particular device. “Just like the Energy Star logo helps consumers know what devices are energy efficient, the Cyber Trust Mark will help consumers make more informed purchasing decisions about device privacy and security,” said FCC chairwoman Jessica Rosenworcel.

To date, Amazon, Best Buy, Google, LG Electronics U.S.A., Logitech and Samsung Electronics have committed to the program, though none of those companies has yet to use the symbol.

Holiday season labeling is goal, but an unlikely one

In March, the FCC voted to approve the program, aiming to launch it later this year. During a cybersecurity panel discussion in May at Auburn University’s McCrary Institute in Washington, Nicholas Leiserson, the White House’s assistant national cyber director for cyber policy and programs, said, “You should hopefully, by the holiday season, start to see devices that have this [Cyber Trust Mark] on it.”

Despite the administration’s best intentions, however, consumers shouldn’t expect to see products bearing the symbol until early next year, at the soonest. In an email asking about the timeline for the launch, an FCC spokesperson did not provide any specific dates.

“We are now in the process of standing up this comprehensive program as quickly as possible,” the spokesperson said. “It is currently undergoing the standard intergovernmental review process that is required for new rules of this sort. Once that process is complete, we will communicate publicly about next steps.”

In the meantime, manufacturers are also awaiting definitive rules, said David Grossman, vice president of policy and regulatory affairs for the Consumer Technology Association, which represents more than 1,000 tech companies. “Once a manufacturer receives certification for the Trust Mark, they will need additional time to retool their packaging, as well as shipping updated products from the manufacturer to retailers,” he said.

70 million U.S. homes actively using smart devices

While the program’s particulars are being hammered out, it’s worth looking at why consumers need the protection it will provide. In 2024, according to research firm Statista, nearly 70 million homes in the U.S. are actively using smart devices, up more than 10% from last year. That number is expected to reach 100 million homes by 2028. What’s more, the average U.S. household contains around 25 connected devices.

Many of those devices, as well as the Wi-Fi networks and routers that connect them, lack adequate security safeguards. A 2023 study by research firm Park Associates found that nearly 75% of U.S. households with internet service were concerned about the security of their personal data, while 54% reported experiencing a data privacy or security issue in the past 12 months, an increase of 50% over five years.

Staffers from Consumer Reports attended a White House meeting during which the Cyber Trust Mark program was announced. The organization subsequently conducted an American Experiences Survey that included questions about the program and the types of data-protection information consumers would like to have before purchasing a smart device.

About two-thirds of those polled (69%) said that it is very important to have information about who the collected data is shared with or sold to, and 92% said that such information is either very or somewhat important. Three out of four respondents said that it is the responsibility of the manufacturers of those devices to provide privacy and security information to consumers, while only 8% said the government is responsible.

“It is incredibly important to make a consumer-legible standard for IoT devices, because right now it is totally a Wild West,” said Stacey Higginbotham, a cybersecurity expert and writer for Consumer Reports. “Consumers really care about having this kind of information, so that’s why we need the program.”

Higginbotham cited the breadth of the proposed program for requiring more stringent levels of cybersecurity, not only for devices themselves, but also the internet services that connect them and the cloud networks where personal data is stored. She was glad, too, that it includes a guaranteed support timeframe, stipulating the number of years that a product maker will continue to provide software security updates and patches.

A voluntary program is business reality

One criticism is that the program is voluntary for manufacturers. “I would love to see this as a mandatory program,” Higginbotham said, “but the reality in the U.S. is that it will have to be a voluntary program,” she added, referring to the business community’s frequent pushback against government-mandated regulations.

“If you’re going to participate, you’re going to have to meet the requirements the FCC has established. Device manufacturers don’t want the agency dictating things such as the size of the Cyber Trust Mark on packaging or where exactly it has to be displayed,” Grossman said. “You want something that’s easily recognizable to consumers, but you also want to ensure manufacturers have flexibility.”

Grossman said that means companies may shy away from making the commitment if the final proposal is too prescriptive. “If the requirements are too burdensome, I don’t think that companies are going to be as eager to step up to the plate and participate,” he said.

Barry Mainz, CEO of Forescout Technologies, a cybersecurity provider, says he is a big fan of the Cyber Trust Mark. “It’s a good step in the right direction to making it a little bit more complicated to get into these devices,” he said. Nonetheless, he worries about the millions of IoT devices in people’s homes today that are vulnerable to cyberattacks and can’t retroactively get a label. “What responsibility do the companies creating these devices have?” he said. Some of the more popular products, like smart TVs and door locks, could be voluntarily upgraded by their manufacturers to prevent hacking as a goodwill measure, Mainz said, “so that people that couldn’t afford to go out and buy new things could ensure that they were safe.”

Steps to take now to protect your home internet

There are actions consumers can take right now, before the Cyber Trust Mark program kicks in, to harden their cybersecurity. Perhaps the most important component to focus on are the routers that wirelessly interconnect devices. They ship from manufacturers with a default password, which a hacker could change in order to spy on you or access files on a network-attached hard drive. Immediately create your own strong and unique password, not only for the router but also for each of the connected devices, and use two-factor authentication if available. If you have a guest network on the router, set it up with a separate password. Also be sure the router’s software is current, usually by activating the automatic update feature, though you can check the manufacturer’s website for patches that can be downloaded and installed.

Of course, you could take the Luddite approach and simply avoid all of this IoT technology and devices. But for the millions of consumers who embrace the smart home, the Cyber Trust Mark — once it’s in place — should provide a heightened measure of cybersecurity and keep them one step ahead, or at least in the race, with the bad guys.

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Palantir jumps 9% to a record after announcing move to Nasdaq

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Palantir jumps 9% to a record after announcing move to Nasdaq

Alex Karp, CEO of Palantir Technologies speaks during the Digital X event on September 07, 2021 in Cologne, Germany. 

Andreas Rentz | Getty Images

Palantir shares continued their torrid run on Friday, soaring as much as 9% to a record, after the developer of software for the military announced plans to transfer its listing to the Nasdaq from the New York Stock Exchange.

The stock jumped past $64.50 in afternoon trading, lifting the company’s market cap to $147 billion. The shares are now up more than 50% since Palantir’s better-than-expected earnings report last week and have almost quadrupled in value this year.

Palantir said late Thursday that it expects to begin trading on the Nasdaq on Nov. 26, under its existing ticker symbol “PLTR.” While changing listing sites does nothing to alter a company’s fundamentals, board member Alexander Moore, a partner at venture firm 8VC, suggested in a post on X that the move could be a win for retail investors because “it will force” billions of dollars in purchases by exchange-traded funds.

“Everything we do is to reward and support our retail diamondhands following,” Moore wrote, referring to a term popularized in the crypto community for long-term believers.

Moore appears to have subsequently deleted his X account. His firm, 8VC, didn’t immediately respond to a request for comment.

Last Monday after market close, Palantir reported third-quarter earnings and revenue that topped estimates and issued a fourth-quarter forecast that was also ahead of Wall Street’s expectations. CEO Alex Karp wrote in the earnings release that the company “absolutely eviscerated this quarter,” driven by demand for artificial intelligence technologies.

U.S. government revenue increased 40% from a year earlier to $320 million, while U.S. commercial revenue rose 54% to $179 million. On the earnings call, the company highlighted a five-year contract to expand its Maven technology across the U.S. military. Palantir established Maven in 2017 to provide AI tools to the Department of Defense.

The post-earnings rally coincides with the period following last week’s presidential election. Palantir is seen as a potential beneficiary given the company’s ties to the Trump camp. Co-founder and Chairman Peter Thiel was a major booster of Donald Trump’s first victorious campaign, though he had a public falling out with Trump in the ensuing years.

When asked in June about his position on the 2024 election, Thiel said, “If you hold a gun to my head I’ll vote for Trump.”

Thiel’s Palantir holdings have increased in value by about $3.2 billion since the earnings report and $2 billion since the election.

In September, S&P Global announced Palantir would join the S&P 500 stock index.

Analysts at Argus Research say the rally has pushed the stock too high given the current financials and growth projections. The analysts still have a long-term buy rating on the stock and said in a report last week that the company had a “stellar” quarter, but they downgraded their 12-month recommendation to a hold.

The stock “may be getting ahead of what the company fundamentals can support,” the analysts wrote.

WATCH: Palantir hits record as defense adopts AI tech

Palantir hits record high as defense adopts AI tech

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Super Micro faces deadline to keep Nasdaq listing after 85% plunge in stock

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Super Micro faces deadline to keep Nasdaq listing after 85% plunge in stock

Charles Liang, chief executive officer of Super Micro Computer Inc., during the Computex conference in Taipei, Taiwan, on Wednesday, June 5, 2024. The trade show runs through June 7. 

Annabelle Chih | Bloomberg | Getty Images

Super Micro Computer could be headed down a path to getting kicked off the Nasdaq as soon as Monday.

That’s the potential fate for the server company if it fails to file a viable plan for becoming compliant with Nasdaq regulations. Super Micro is late in filing its 2024 year-end report with the SEC, and has yet to replace its accounting firm. Many investors were expecting clarity from Super Micro when the company reported preliminary quarterly results last week. But they didn’t get it.

The primary component of that plan is how and when Super Micro will file its 2024 year-end report with the Securities and Exchange Commission, and why it was late. That report is something many expected would be filed alongside the company’s June fourth-quarter earnings but was not.  

The Nasdaq delisting process represents a crossroads for Super Micro, which has been one of the primary beneficiaries of the artificial intelligence boom due to its longstanding relationship with Nvidia and surging demand for the chipmaker’s graphics processing units. 

The one-time AI darling is reeling after a stretch of bad news. After Super Micro failed to file its annual report over the summer, activist short seller Hindenburg Research targeted the company in August, alleging accounting fraud and export control issues. The company’s auditor, Ernst & Young, stepped down in October, and Super Micro said last week that it was still trying to find a new one.

The stock is getting hammered. After the shares soared more than 14-fold from the end of 2022 to their peak in March of this year, they’ve since plummeted by 85%. Super Micro’s stock is now equal to where it was trading in May 2022, after falling another 11% on Thursday.

Getting delisted from the Nasdaq could be next if Super Micro doesn’t file a compliance plan by the Monday deadline or if the exchange rejects the company’s submission. Super Micro could also get an extension from the Nasdaq, giving it months to come into compliance. The company said Thursday that it would provide a plan to the Nasdaq in time. 

A spokesperson told CNBC the company “intends to take all necessary steps to achieve compliance with the Nasdaq continued listing requirements as soon as possible.”

While the delisting issue mainly affects the stock, it could also hurt Super Micro’s reputation and standing with its customers, who may prefer to simply avoid the drama and buy AI servers from rivals such as Dell or HPE.

“Given that Super Micro’s accounting concerns have become more acute since Super Micro’s quarter ended, its weakness could ultimately benefit Dell more in the coming quarter,” Bernstein analyst Toni Sacconaghi wrote in a note this week.

A representative for the Nasdaq said the exchange doesn’t comment on the delisting process for individual companies, but the rules suggest the process could take about a year before a final decision.

A plan of compliance

The Nasdaq warned Super Micro on Sept. 17 that it was at risk of being delisted. That gave the company 60 days to submit a plan of compliance to the exchange, and because the deadline falls on a Sunday, the effective date for the submission is Monday.

If Super Micro’s plan is acceptable to Nasdaq staff, the company is eligible for an extension of up to 180 days to file its year-end report. The Nasdaq wants to see if Super Micro’s board of directors has investigated the company’s accounting problem, what the exact reason for the late filing was and a timeline of actions taken by the board.

The Nasdaq says it looks at several factors when evaluating a plan of compliance, including the reasons for the late filing, upcoming corporate events, the overall financial status of the company and the likelihood of a company filing an audited report within 180 days. The review can also look at information provided by outside auditors, the SEC or other regulators.

Lightning Round: Super Micro is still a sell due to accounting irregularities

Last week, Super Micro said it was doing everything it could to remain listed on the Nasdaq, and said a special committee of its board had investigated and found no wrongdoing. Super Micro CEO Charles Liang said the company would receive the board committee’s report as soon as last week. A company spokesperson didn’t respond when asked by CNBC if that report had been received.

If the Nasdaq rejects Super Micro’s compliance plan, the company can request a hearing from the exchange’s Hearings Panel to review the decision. Super Micro won’t be immediately kicked off the exchange – the hearing panel request starts a 15-day stay for delisting, and the panel can decide to extend the deadline for up to 180 days.

If the panel rejects that request or if Super Micro gets an extension and fails to file the updated financials, the company can still appeal the decision to another Nasdaq body called the Listing Council, which can grant an exception.

Ultimately, the Nasdaq says the extensions have a limit: 360 days from when the company’s first late filing was due.

A poor track record

There’s one factor at play that could hurt Super Micro’s chances of an extension. The exchange considers whether the company has any history of being out of compliance with SEC regulations.

Between 2015 and 2017, Super Micro misstated financials and published key filings late, according to the SEC. It was delisted from the Nasdaq in 2017 and was relisted two years later.

Super Micro “might have a more difficult time obtaining extensions as the Nasdaq’s literature indicates it will in part ‘consider the company’s specific circumstances, including the company’s past compliance history’ when determining whether an extension is warranted,” Wedbush analyst Matt Bryson wrote in a note earlier this month. He has a neutral rating on the stock.

History also reveals just how long the delisting process can take. 

Charles Liang, chief executive officer of Super Micro Computer Inc., right, and Jensen Huang, co-founder and chief executive officer of Nvidia Corp., during the Computex conference in Taipei, Taiwan, on Wednesday, June 5, 2024. 

Annabelle Chih | Bloomberg | Getty Images

Super Micro missed an annual report filing deadline in June 2017, got an extension to December and finally got a hearing in May 2018, which gave it another extension to August of that year. It was only when it missed that deadline that the stock was delisted.

In the short term, the bigger worry for Super Micro is whether customers and suppliers start to bail.

Aside from the compliance problems, Super Micro is a fast-growing company making one of the most in-demand products in the technology industry. Sales more than doubled last year to nearly $15 billion, according to unaudited financial reports, and the company has ample cash on its balance sheet, analysts say. Wall Street is expecting even more growth to about $25 billion in sales in its fiscal 2025, according to FactSet.

Super Micro said last week that the filing delay has “had a bit of an impact to orders.” In its unaudited September quarter results reported last week, the company showed growth that was slower than Wall Street expected. It also provided light guidance.

The company said one reason for its weak results was that it hadn’t yet obtained enough supply of Nvidia’s next-generation chip, called Blackwell, raising questions about Super Micro’s relationship with its most important supplier.

“We don’t believe that Super Micro’s issues are a big deal for Nvidia, although it could move some sales around in the near term from one quarter to the next as customers direct orders toward Dell and others,” wrote Melius Research analyst Ben Reitzes in a note this week.

Super Micro’s head of corporate development, Michael Staiger, told investors on a call last week that “we’ve spoken to Nvidia and they’ve confirmed they’ve made no changes to allocations. We maintain a strong relationship with them.”

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Alibaba posts profit beat as China looks to prop up tepid consumer spend

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Alibaba posts profit beat as China looks to prop up tepid consumer spend

Alibaba Offices In Beijing

Bloomberg | Bloomberg | Getty Images

Chinese e-commerce behemoth Alibaba on Friday beat profit expectations in its September quarter, but sales fell short as sluggishness in the world’s second-largest economy hit consumer spending.

Alibaba said net income rose 58% year on year to 43.9 billion yuan ($6.07 billion) in the company’s quarter ended Sept. 30, on the back of the performance of its equity investments. This compares with an LSEG forecast of 25.83 billion yuan.

“The year-over-year increases were primarily attributable to the mark-to-market changes from our equity investments, decrease in impairment of our investments and increase in income from operations,” the company said of the annual profit jump in its earnings statement.

Revenue, meanwhile, came in at 236.5 billion yuan, 5% higher year on year but below an analyst forecast of 238.9 billion yuan, according to LSEG data.

The company’s New York-listed shares have gained ground this year to date, up more than 13%. The stock fell more than 2% in morning trading on Friday, after the release of the quarterly earnings.

Sales sentiment

Investors are closely watching the performance of Alibaba’s main business units, Taobao and Tmall Group, which reported a 1% annual uptick in revenue to 98.99 billion yuan in the September quarter.

The results come at a tricky time for Chinese commerce businesses, given a tepid retail environment in the country. Chinese e-commerce group JD.com also missed revenue expectations on Thursday, according to Reuters.

Markets are now watching whether a slew of recent stimulus measures from Beijing, including a five-year 1.4 trillion yuan package announced last week, will help resuscitate the country’s growth and curtail a long-lived real estate market slump.

The impact on the retail space looks promising so far, with sales rising by a better-than-expected 4.8% year on year in October, while China’s recent Singles’ Day shopping holiday — widely seen as a barometer for national consumer sentiment — regained some of its luster.

Alibaba touted “robust growth” in gross merchandise volume — an industry measure of sales over time that does not equate to the company’s revenue — for its Taobao and Tmall Group businesses during the festival, along with a “record number of active buyers.”

“Alibaba’s outlook remains closely aligned with the trajectory of the Chinese economy and evolving regulatory policies,” ING analysts said Thursday, noting that the company’s Friday report will shed light on the Chinese economy’s growth momentum.

The e-commerce giant’s overseas online shopping businesses, such as Lazada and Aliexpress, meanwhile posted a 29% year-on-year hike in sales to 31.67 billion yuan.  

Cloud business accelerates

Alibaba’s Cloud Intelligence Group reported year-on-year sales growth of 7% to 29.6 billion yuan in the September quarter, compared with a 6% annual hike in the three-month period ended in June. The slight acceleration comes amid ongoing efforts by the company to leverage its cloud infrastructure and reposition itself as a leader in the booming artificial intelligence space.

“Growth in our Cloud business accelerated from prior quarters, with revenues from public cloud products growing in double digits and AI-related product revenue delivering triple-digit growth. We are more confident in our core businesses than ever and will continue to invest in supporting long-term growth,” Alibaba CEO Eddie Wu said in a statement Friday.

Stymied by Beijing’s sweeping 2022 crackdown on large internet and tech companies, Alibaba last year overhauled the division’s leadership and has been shaping it as a future growth driver, stepping up competition with rivals including Baidu and Huawei domestically, and Microsoft and OpenAI in the U.S.

Alibaba, which rolled out its own ChatGPT-style product Tongyi Qianwen last year, this week unveiled its own AI-powered search tool for small businesses in Europe and the Americas, and clinched a key five-year partnership to supply cloud services to Indonesian tech giant GoTo in September.

Speaking at the Apsara Conference in September, Alibaba’s Wu said the company’s cloud unit is investing “with unprecedented intensity, in the research and development of AI technology and the building of its global infrastructure,” noting that the future of AI is “only beginning.”

Correction: This article has been updated to reflect that Alibaba’s Cloud Intelligence Group reported quarterly revenue of 29.6 billion yuan in the September quarter.

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