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Mark Zuckerberg, chief executive officer of Meta Platforms Inc., left, arrives at federal court in San Jose, California, US, on Tuesday, Dec. 20, 2022. 

David Paul Morris | Bloomberg | Getty Images

The Federal Trade Commission proposed on Wednesday barring Facebook parent company Meta from monetizing kids’ data after it says the company violated a 2020 privacy order.

According to the FTC, an independent assessor found “several gaps and weaknesses in Facebook’s privacy program” that posed “substantial risks to the public.”

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The company had agreed to independent assessments of its updated privacy program as part of the 2020 settlement, under which Facebook paid a $5 billion civil penalty following an FTC investigation around the Cambridge Analytica data scandal. The FTC alleges Facebook also violated an earlier 2012 order by continuing to allow app developers access to private user information. Facebook allowed third-party apps to access user data until mid-2020 in some cases, the FTC alleges.

The FTC is also accusing Meta of violating the Children’s Online Privacy Protection Rule by misrepresenting parental controls on its Messenger Kids app. The COPPA Rule requires parental consent for websites to collect personal information from kids under 13. The FTC alleged that while the company marketed that the app would only allow kids to talk with contacts their parents approved, children were able to communicate with additional contacts in group chats or group video calls in some circumstances.

As a result, the FTC is proposing to strengthen the terms of the 2020 agreement to put additional restrictions on the company, which would apply to all of Meta’s services including Facebook, Instagram, WhatsApp and Oculus. The proposed terms include a blanket ban on monetizing data from users under 18. That means any data collected from these users could only be used for security reasons and any data collected while users are under age could not be later monetized once they turn 18.

The FTC also seeks to impose a pause on the company’s ability to launch new or modified products or services until the independent assessor confirms in writing that Meta’s privacy program is in full compliance with the terms of the agreement. Compliance with the 2020 order would also extend to any companies Meta acquires or merges with.

The proposal would also require Meta to get affirmative consent from users for future use of facial recognition technology.

The agency gave Meta 30 days to respond to the FTC’s findings. After Meta responds, the Commission will decide whether updating the 2020 order “is in the public interest or justified by changed conditions of fact or law.”

The Commission, which currently has no Republicans serving in what is usually a five-member panel due to recent resignations, voted 3-0 to approve the order to show cause.

Commissioner Alvaro Bedoya, a Democrat, released a statement saying that while he voted to order Meta to show cause for why the FTC need not modify its 2020 agreement, he has concerns about whether the alleged violations warrant a change, especially the blanket monetization ban.

“There are limits to the Commission’s order modification authority,” Bedoya wrote, adding that there needs to be “a nexus between the original order, the intervening violations, and the modified order.”

Facebook spokesperson Andy Stone called the FTC’s move a “political stunt.”

“Despite three years of continual engagement with the FTC around our agreement, they provided no opportunity to discuss this new, totally unprecedented theory,” Stone said. “We have spent vast resources building and implementing an industry-leading privacy program under the terms of our FTC agreement. We will vigorously fight this action and expect to prevail.”

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Bitcoin ETF options begin trading, ushering in a new way for investors to hedge their bitcoin exposure

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Bitcoin ETF options begin trading, ushering in a new way for investors to hedge their bitcoin exposure

Jonathan Raa | Nurphoto | Getty Images

Options on BlackRock’s popular iShares Bitcoin Trust ETF (IBIT) began trading on the Nasdaq Tuesday, ushering in a new way to trade and speculate on the price of bitcoin.

IBIT traded 73,000 options contracts in the first 60 mins of trading Tuesday, Nasdaq told CNBC, placing the fund in the top 20 of the most active nonindex options.

Options trading allows investors to play bitcoin’s notorious volatility by letting them buy or sell an asset at a predetermined price based on whether they anticipate the price will rise or fall in a given period.

“Bitcoin has a lively derivatives market, but in the U.S. it is still tiny compared to other asset classes, and is largely limited to institutional players,” said Noelle Acheson, economist and author of the “Crypto is Macro Now” newsletter. “A deeper onshore derivatives market will enhance the growing market sophistication. This will reinforce investor confidence in the asset, bringing in new cohorts while enabling a greater variety of investment and trading strategies … [That] should, all else being equal, dampen both volatility and downside.”

The market for options contracts on major ETFs can be extremely active, and are widely used by more sophisticated traders. For example, over the past five business days, Interactive Brokers clients have more options orders on the Invesco QQQ Trust (QQQ) and the SDPR S&P 500 ETF Trust (SPY) than for the funds themselves, according to data from the brokerage.

The launch of the bitcoin ETF options will likely also lead to new funds that incorporate those options, said Todd Sohn, ETF strategist at Strategas.

“Grayscale already did a filing for a covered call [fund], and I’m sure BlackRock will come out with it too. And then we’re going to get buffers, and then we’re going to get whatever other trend-following-type strategy that folks think of. I think the ecosystem’s really going to start to fly here,” Sohn said.

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Intuit, H&R Block shares fall after report that Trump government efficiency team is considering tax-filing app

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Intuit, H&R Block shares fall after report that Trump government efficiency team is considering tax-filing app

Michael Nagle | Bloomberg | Getty Images

The stock prices for H&R Block and Intuit fell after a report Tuesday said Trump’s government efficiency team is considering creating a free tax-filing app.

Intuit, which makes the TurboTax tax-filing software, was down 5%, putting it on pace for its worst day since Aug. 23, when the company’s stock price fell nearly 7%. H&R Block was down 8% and on pace for its worst day since 2020.

President-elect Donald Trump’s “Department of Government Efficiency” has held “highly preliminary” discussions about creating the free tax-filing app, The Washington Post reported. The so-called DOGE will not be an official government department but an outside advisory commission. It will be led by billionaire Elon Musk and former Republican presidential candidate Vivek Ramaswamy and aims to slash government spending.

A DOGE tax-filing app would be a competitor of both H&R Block and TurboTax.

Intuit spokeswoman Tania Mercado didn’t directly address the prospect of a government tax-filing app, but told CNBC in a statement that, “For decades, Intuit has publicly called for simplifying the U.S. tax code so individuals, families, and small businesses can better understand their finances.”

George Agurkis, H&R Block’s director of government relations, said in an email that the company looks forward “to engaging with the new Administration and the Department of Government Efficiency on their ideas related to sound and efficient tax administration.”

It’s unclear where a new DOGE tax app would bridge with newer policies the Biden administration already implemented. Under the Biden administration, the IRS in March rolled out a pilot Direct File program in 12 states, allowing qualified taxpayers to file directly through a government portal. The IRS also offers free filing services through its Free File program for taxpayers who make an adjusted gross income of $79,000 or less. 

While both Intuit and H&R Block have free filing options, neither have had stellar records when it comes to transparently offering those services. 

The Federal Trade Commission in February filed an administrative complaint against H&R Block for deceptively marketing free filing products and wrongfully deleting users’ in-progress tax data. Intuit, meanwhile, agreed to pay $141 million in restitution “for deceiving millions of low-income Americans into paying for tax services that should have been free,” according to the office of New York Attorney General Letitia James.

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Super Micro shares soar 30% after company names new auditor to help keep Nasdaq listing

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Super Micro shares soar 30% after company names new auditor to help keep Nasdaq listing

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 shares jumped more than 30% on Tuesday after the embattled server maker said it named BDO as its new auditor and submitted a plan to Nasdaq detailing its efforts to regain compliance with the exchange.

The stock has now climbed more than 50% over the last two trading days on optimism that it will keep its Nasdaq listing. Still, the company has lost about three-quarters of its value since its stock peaked in March, a decline that’s wiped out roughly $54 billion in market cap.

Super Micro is late in filing its 2024 year-end report with the SEC, and said earlier this month that it was looking for a new accountant after its previous auditor, Ernst & Young, stepped down in October. Ernst & Young was new to the job, having just replaced Deloitte & Touche as Super Micro’s accounting firm in March 2023.

Super Micro said in a statement late Monday that it told Nasdaq that the company it believes it will be able to file its annual report for the year ended June 30, and quarterly report for the period ended Sept. 30. The company said it will remain listed on the Nasdaq pending the exchange’s “review of the compliance plan.”

Analysts at Mizuho, who previously suspended their rating on the stock, wrote in a note that Nasdaq still has to approve the plan, which could take two to five weeks.

Super Micro CEO Charles Liang said in Monday’s statement that appointing BDO marks “an important next step to bring our financial statements current, an effort we are pursuing with both diligence and urgency.”

Shares of Super Micro soared more than twentyfold over a two year period from early 2022 until their peak in March of this year. But the stock has been hammered on troubling news about its compliance with Nasdaq.

Super Micro has been one of the primary beneficiaries of the artificial intelligence boom, due to its relationship with Nvidia. Sales last fiscal year more than doubled to $15 billion.

On Monday, Super Micro announced that it was selling products featuring Nvidia’s next-generation AI chip called Blackwell. The company competes with vendors like Dell and Hewlett Packard Enterprise in packaging up Nvidia AI chips for other companies to access.

Super Micro was added to the S&P 500 in March, reflecting its rapidly growing business and then-soaring stock price. Less than two weeks after the index changes were announced, Super Micro reached its closing high of $118.81.

The troubles began within months. In August, Super Micro said it wouldn’t file its annual report with the SEC on time. Noted short seller Hindenburg Research then disclosed a short position in the company, and said in a report that it identified “fresh evidence of accounting manipulation.” The Wall Street Journal later reported that the Department of Justice was at the early stages of a probe into the company.

The month after announcing its report delay, Super Micro said it had received a notification from the Nasdaq, indicating that the delay in the filing of its annual report meant the company wasn’t in compliance with the exchange’s listing rules. Super Micro said the Nasdaq’s rules allowed the company 60 days to file its report or submit a plan to regain compliance. Based on that timeframe, the deadline was Monday.

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