Regulating Prediction Markets & Meta’s $375M Lawsuit 3/25/26

25 Mar 2026 · 38 min · 13 chapters

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In short

The episode covers three main policy/business stories: (1) a DHS funding standoff on Capitol Hill tied to ICE and airport TSA delays; (2) bipartisan efforts to regulate prediction markets; and (3) Meta’s $375M New Mexico child-safety verdict, plus brief mentions of OpenAI’s Sora shutdown and China reviewing Meta’s $2B Manus acquisition.

Guests and backgrounds

Republican Sen. John Curtis (Utah) and Democrat Sen. Adam Schiff (California) discuss DHS and the Prediction Markets Are Gambling Act. New Mexico Attorney General Raul Torres discusses winning a landmark case against Meta.

Key claims

Curtis and Schiff argue prediction markets should be regulated by states and treated like gambling if they “act like” it; Schiff cites risks like insider trading (example: 93% Iran-war predictions) and betting on athletes. For DHS, Schiff says ICE funding should require local-police-style safeguards; Curtis rejects “no rule of law” narratives and supports strong borders with compassion. Torres says Meta misled consumers and ignored internal safety warnings; he highlights algorithm/design issues, lack of age verification, and end-to-end encryption decisions.

Notable examples

TSA lines from the DHS shutdown; Super Bowl prediction trading (~$1B); Calci/Polymarket self-rules; Zuckerberg’s 2019 encryption announcement tied to child sexual abuse material reporting; Meta’s appeal and a May 4 public nuisance phase.

Written by AI. May contain mistakes. Listen to the episode to check what was said.

Chapters

Tap a time to open that second in VO

Diplomacy and the Middle East Conflict

2:47 to 4:25

Discussion on the dynamics of U.S.-Iran relations amid ongoing conflict.

“Welcome to Squawk Box right here on CNBC.”

Understanding U.S. Strategy in Iran

4:25 to 6:15

Analyzing the complexities of U.S. negotiation strategies with Iran.

“Yeah, it's been really interesting because the fog of diplomacy includes the idea that we don't know who's in charge.”

Meta's Regulatory Challenges in China

6:15 to 8:04

Meta faces scrutiny over its acquisition amid Chinese regulations.

“But for those people that have watched the president in the first term of this term, his critics say that if you're generous, he exaggerates.”

OpenAI's Shift in Focus

8:04 to 10:00

OpenAI is shutting down Sora to focus on business and coding.

“The FT says no formal investigation has been opened.”

Funding the DHS: Current Legislative Efforts

11:52 to 14:00

Updates on DHS funding negotiations and implications for TSA operations.

“Welcome back to Squawk Pod from CNBC, today with Joe Kernan and Becky Quick.”

Political Dynamics of the Shutdown

14:00 to 16:46

Learn about the political maneuvering and pressures surrounding the government shutdown and funding negotiations.

“what would it take if we're still a long way off from being able to gather those votes?”

Concerns Over Prediction Markets Legislation

16:46 to 18:58

Explore the bipartisan efforts to regulate prediction markets and the implications for gambling laws.

“but at least Democrats feel like they have the leverage right now to continue to fight for and to push for it.”

Regulatory Authority in Prediction Markets

18:58 to 22:50

Understand the debate over who should regulate prediction markets and the potential risks involved.

“This kind of end run around the law is encouraging vast amounts of gambling.”

Bipartisan Agreement on TSA Funding

22:50 to 24:43

Hear the senators discuss the urgent need for TSA funding amidst ongoing political disagreements.

“We should point out that at CNBC, we have extended an open invitation both to Calci and to Polymarket to join us right here on Squawk Box.”

Discussion on Sanctuary Cities

24:43 to 28:00

Dive into the senators' differing views on sanctuary cities and immigration enforcement policies.

“the population is in an area where you can have a sanctuary city where federal laws, immigration laws are ignored.”
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Compassionate Immigration Enforcement

28:00 to 33:30

A discussion on immigration policies focusing on compassion and enforcement.

“Do we need then to anyone who's here illegally that hasn't committed a crime?”

Introduction to Meta's Lawsuit

33:30 to 35:27

Introduction to the legal case against Meta regarding child safety violations.

“Next up on SquawkPod, Meta ordered to pay$375 million for child safety violations in New Mexico.”

Meta's Child Safety Violations Verdict

35:37 to 42:00

Discussion with New Mexico's Attorney General about Meta's $375 million ruling.

“Meta has been ordered to pay$375 million for child safety violations in New Mexico.”
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Transcript

Automatic transcript. May contain errors.

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1:06On today's episode, on Capitol Hill, a deal to fund the Department of Homeland Security has stumbled. As Democrats draw a hard line on ICE. And TSA lines at the airports keep building up. Two lawmakers join us. First, Republican Senator John Curtis of Utah. The false narrative is that you can't have rule of law and compassion. And I think that's what our country is built on. I know those are Utah values. And Democrat Senator Adam Schiff of California. Before we fund, for example, ICE agents or Customs and Border Protection, we should insist on certain safeguards, namely that they operate with the same standards we ask of a local police department.

1:49We're asking neither more nor less than a local police department. Then the first standalone case by a state against a social media giant. And the state won. New Mexico Attorney General Raul Torres on the victory against Meta, which was found liable for misleading consumers about the safety of its platform and endangering children. We want accountability. We want safety. And what we want fundamentally is a safer space and a safer experience for our kids online. Plus, Washington's push to regulate prediction markets. OpenAI shutting down its video app, Sora. And President Trump says the U.S. and Iran are indeed in talks.

2:33Though Iran denies it. We know about the fog of war. There's been a fog of diplomacy. It's Wednesday, March 25, 2026, and Squawk Pod begins right now. Stand back to bye in 3, 2, 1. Cue it, please. Good morning, everybody. Welcome to Squawk Box right here on CNBC. We are live from the Nasdaq market site in Times Square. I'm Becky Quick along with Joe Kernan. Andrew is out today. The Associated Press is reporting Iran has received the Trump administration's 15-point plan to reach a ceasefire in the nearly month-long Middle East war. We've been, since Monday, We've been talking, conjecturing, going back and forth.

3:19And there's a pretty interesting take, as we see a lot of times in the lead editorial and journal. It sums up everything we've been trying to sift through. And the title is The Fog of Diplomacy. So we know about the fog of war. There's been a fog of diplomacy in Iran. And it's interesting. They go on to say Mr. Trump's incentive was to calm the markets with news of diplomatic success. Iran's propaganda is to deny, deny, deny and keep the markets roiled. All this, though, has been happening as Marines are headed and the Air Force headed. And that's where they go on to say, call it Trump style diplomacy.

4:02One hand extends at the beginning of the week while the other hand visibly winds up for a punch. Was this his plan all along? And we've said that. Is it another one of those things where Iran can choose whether to test whether he's serious about this? They keep saying, we're not talking, we're not talking. Well, they may get a chance to see what the consequences are. Yeah, it's been really interesting because the fog of diplomacy includes the idea that we don't know who's in charge. You might be speaking with civilian leaders who aren't on the same page with the IRG. So it's hard to say how this works.

4:41The place has kind of been blown apart in some ways. They go on to talk about that, too. We know supposedly who the guy is. Would the guard follow him, the Revolutionary Guard follow him? The guard has some pretty strict rhetoric that they've been putting out themselves. It doesn't follow along with Mr. Galiboff, I guess his name is. Right, and the idea of what it would take to get to the table, what they're asking to get to the table, is almost non-starter on every one of the points that they've laid out. Everything from a legal agreement that the United States and Israel would never attack again, never attack them at all, to reparations, billions of dollars in reparations for the damage that have been done, to the idea that there would now be a toll booth that the Iranians run on the Strait of Hormuz.

5:24It's$160 a barrel is what it's going through right now. That's what people are paying for Jeff. They need it. They got it. They got to get through. And again, yesterday, New York Times, they like this word. Today, it's The Washington Post. This is the word. Whenever Trump says anything now in mainstream media, it's going to be. Well, I will say claims fits very nicely in a headline. It does. A one-power headline. It does. But it also, it implies he's saying this. We don't really believe it. What I would say is it shows that the Trump administration is saying this. What you're hearing from Iran is very different rhetoric and propaganda.

5:59You could call it whatever you want. But I will also say the market has been reading this as a repeat of what we saw last April with tariffs. And that was a situation where the president alone had the power to say this is on, this is off. It's a little more complex once you get into a wartime situation. And you have to deal with not only other nations, but the idea that we don't even know who's in charge in Iran. But for those people that have watched the president in the first term of this term, his critics say that if you're generous, he exaggerates. If you're nasty, it's lie after lie after lie is what you hear.

6:34But it's sad that we're in a default position now. We're mainstream media. And a lot of people, the first knee-jerk response is to believe Iran before you believe Trump. But I don't think using the word claims is suggesting you would believe Iran over President Trump. I'm not talking about just that. I'm talking about in general. You haven't seen it. I've seen it. I've seen it depending on there's different variations and different flavors. But this is a regime that for 47 years, all they've done is lie and kill people and support terrorism. I'm not defending that at all. Any move, the slightest bit to have empathy.

7:11I'm not defending that, and I understand the point that this is Baghdad, Bob, every time we hear them. It's just we don't know who the spokesperson is there. We don't know anything about what's coming. I've seen in certain political circles the default move has been to basically be defending Iran or saying, not defending him, but sort of taking the enemy of my enemy. If it has to do with Trump, I'll go with Iran. I don't know. That's a pretty big stretch to take enemy as my enemy with Iran. It is. That's why I'm saying it's pretty unbelievable. China is reportedly preventing two tech founders from leaving the country as regulators are examining whether Meta's acquisition of their company violated Chinese investment rules.

7:58The Financial Times says that two Singapore-based co-founders of AI agent company Manus were summoned to a meeting in Beijing earlier this month, but told afterwards that they couldn't leave because of a regulatory review. The FT says no formal investigation has been opened. No charges have been brought. Meta acquired Manus for$2 billion last year, but China is currently reviewing that deal. So I hope they like China. be there for a while, I guess. That would be scary. You've been. Note to self, don't go if summoned. Like, okay, no, I'm going to stay in Singapore. I often thought of people that, some people, the China hawks, I wouldn't recommend.

8:43Going and traveling there. Although I guess the question is, do they have family there too? Because that could be the threat. You've got to go back if you've got family. OpenAI will shut down its video generation app, Sora, as it focuses more on business and coding. Sora briefly went viral last fall, but also raised alarms about copyrights in Hollywood, as countless AI-generated videos were posted of celebrities doing some pretty outlandish things. Disney made a billion-dollar deal to bring its characters to Sora, but sources tell CNBC that that deal never closed. The cheese will be next. Coming up on Squawk Pod, bipartisan support for the Prediction Markets Are Gambling Act with Republican Senator John Curtis.

9:30We're not banning sports betting. We're just simply putting it in the right places to be regulated. And one of those places is in the state. And Democrat Senator Adam Schiff. We've seen reports, for example, recently that someone with 93 percent accuracy has has been predicting what's been going on in the Iran war, that's heavily suggestive of insider trading and what it could be done using blockchain. There's no way to really regulate that. Plus, the DHS funding debacle on Capitol Hill and at airports around the country. It all comes down to ICE. It is also a false choice to say, well, we can't have a strong border unless we also allow indiscriminate immigration sweeps that cause chaos in our streets like we saw in Minneapolis.

10:17We'll be right back.

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11:52Welcome back to Squawk Pod from CNBC, today with Joe Kernan and Becky Quick. Let's get to Washington, D.C., and the efforts there to try and hash out a deal to fund the Department of Homeland Security. Emily Wilkins joins us with the latest. Emily, got any good news for us? Becky, I'm not sure the news is good. It's probably not bad, though. Look, lawmakers, they're still hashing out these details for a proposal to end the homeland security shutdown and try to relieve those long lines for TSA at airports. Senate GOP leaders, they're really right now behind this two-part deal. First part would fund nearly all of DHS and the parts of ICE that address things like drug smuggling, human trafficking.

12:33It would end those long lines at airports. The second part, which would come later, would see Republicans go ahead and pass additional funding for ICE, as well as portions of that Election Reform Act. And that would be done through a process that doesn't require Democratic votes. But many Democrats have said that they don't like that first part. They don't want to fund any part of ICE. Talking with Senator Tim Kaine yesterday, and he told me that the agency already has plenty of funding to carry out all of its roles and doesn't need additional spending at this point. Here he is speaking with reporters.

13:08They pre-funded ICE. So the lines that are stressing people out, the fact that we have coasties who are deployed on Navy ships where the sailors are getting paid and they're not, that we have states that are planning on emergency prep and FEMA is closed. Just open the agencies, for God's sake. President Trump has also yet to firmly weigh in one way or the other on that proposal. He did say yesterday he has concerns about a compromise with Democrats but would take a closer look. Republicans told me they are confident that the president will ultimately back it. But it's clear that we have a ways to go before Democrats and Republicans have enough vote to pass a funding bill and stop these long lines at airports.

13:51Guys? Okay, you're not an official whip of either of the parties, Emily. But if you had to kind of do some math yourself and try and figure out when this might break, what would it take if we're still a long way off from being able to gather those votes? Yeah, I think, Becky, the question is how many Democrats are willing to break with their party to end the bulk of this shutdown, even if they don't get larger reforms when it comes to ICE and are willing to fund some of the maybe less controversial aspects of what ICE does. Republicans are betting that they can get to that magic number of seven.

14:26Maybe you wind up needing eight Democrats who can cross the aisle. I think it is going to take more conversations throughout today. If there is a deadline that senators want to get home at least by Friday, they don't want to be here another weekend. So that's where a lot of the pressure is coming from right now, because otherwise they could be here for the next two weeks and forfeit their Easter recess they were all planning to take. I think my favorite piece of news that I heard today was that Delta has shut off its congressional perks program, where generally they will take a congressional member and escort them through so they don't have to wait in lines.

15:01And they've decided it's more important to focus on their staff and their customers at this point. So they have suspended that program. It's weird, Emily, because we keep hearing it's, you know, well, both sides, blah, blah, blah. But you just said it. Seven Democrats need to break with their party that is keeping it closed. If it is a clean DHS funding where you didn't have a carve out, where you weren't like stomping your feet and saying, give me this or we're going to close it. Very similar to the last shutdown. How did that work out? The last shutdown. The Unaffordable Care Act never got those subsidies, never got the pandemic.

15:39They didn't do it when they had a chance to extend those subsidies. That never happened. The sun is still coming up every morning and they got nothing for it for all the pain that they put everyone through in that last shutdown. And it's the same we're seeing the same movie once again. I mean, if you just want to cut the brass tacks. Yeah. And I mean, Joe, I should be clear that that sort of part one, it does include some reforms for ICE, things like funding for body cameras, things that were already agreed. But it doesn't go nearly as far as many Democrats want to see it. And what you heard from majority leader John Boone yesterday.

16:12This wasn't about reforming. This is about DHS funding during a war, a clean DHS funding, which includes TSA and includes yet includes ICE. But it's a that's already funded till 2029 anyway. It could have been a clean funding. And this is a this is extortion, just like the last one was just extortion. Why would Republicans fold? I mean, I think for a lot of Democrats, they believe that the American people were upset with some of the things that they've seen with ICE, that the American people on their side are pushing for reforms. Obviously, divisions within that, within the country right now, but at least Democrats feel like they have the leverage right now to continue to fight for and to push for it.

16:53But I think at the same point, yes, you are seeing pressure increase with TSA. That could bring this to a close sooner rather than later. Yeah, they have leverage with the long lines. They're holding people, extorting people with long airport lines to get something that they want that should be done at another time if they're really going to do it. Anyway, Emily, thank you.

17:16A bipartisan group of senators is taking on the CFTC and prediction markets with new legislation. The Prediction Markets Are Gambling Act aims to clarify commodity markets are not casinos, in their words, and would officially ban sports-style betting. Joining us right now are the authors of the legislation, Democratic Senator Adam Schiff and Republican Senator John Curtis. And gentlemen, welcome to both of you. Why don't we talk a little bit about where you all see eye to eye and why on this? And Senator Curtis, why don't you talk about your concern with access to these markets in your state of Utah?

17:52Well, thank you. First of all, let me say we're not banning sports betting. We're just simply putting it in the right places to be regulated. And one of those places is in the state. And as you alluded to, Utah does not allow gambling in any form. So it's one of the things that's real important to me is that we don't take this control away from Utah. And Senator Schiff, you are concerned with what the CFTC has been doing with this. We've spoken with the CFTC chairman, Mike Selig. He does seem to be putting it out there that this is legalized and they are going to be protecting this because they say that these are futures contracts.

18:26Well, it's interesting because I asked the chairman about this during his confirmation hearings. Did he have a position on whether these contracts were gambling or sports betting? He said he didn't, that he was a tabula rasa, that he was going to leave it to the courts. But we're seeing something very different with him actively intervening to support these prediction markets, notwithstanding that they're really indistinguishable from sports betting. And in California, we don't allow sports betting. It ought to be up to the states to decide what kind of gambling goes on within their state. This kind of end run around the law is encouraging vast amounts of gambling.

19:04We saw a billion dollars of trading in prediction contracts just over the Super Bowl alone. That's something that ought to be decided state by state and not decided for them by this industry. Is part of the problem that this revenue, even if it's legalized, if sports gambling is legalized in a state, the revenue doesn't go back to the state if it's going through these prediction markets like it might in some other situations, too? I would say revenue is a piece of it, but a much larger piece is who should be regulating this, where that authority lies. I think we both feel strongly that is in the states.

19:39And going back to this prediction market and whether or not it's gambling, look, if it acts like gambling, if it talks like gambling, it is gambling, right? And that's been very clear where that belongs. I would add, too, in addition to the concern about revenue to the state, when it is completely unregulated like this, you could have, you know, vast amounts of insider trading, people who have particular insights, either because they're government officials or because they're the athletes themselves who can end up influencing the events they're betting on. We've seen reports, for example, recently that someone with 93 % accuracy has been predicting what's been going on in the Iran war.

20:21That's heavily suggestive of insider trading. And when it could be done using blockchain. There's no way to really regulate that, at least it's not being regulated today, and we want to make sure that there is regulation of this. You have to ask as well what... Oh, sorry, sir. Go ahead. Yeah, I was going to say you have to ask what could go wrong. Imagine betting on a high school athlete getting hurt the day of a high school game, right? Like that's why this needs the appropriate regulation. You can see how wrong that could go. The Calci itself took steps this week to say that, or maybe it was Polymark, it took steps to say that you couldn't have politicians betting on the outcome of their elections and that you couldn't have sports athletes betting on their own sports.

21:06Is that enough, that level of self-regulation, or you all think the regulatory thrust really needs to be coming from Washington? I don't think it's enough because it's one thing to say this is our policy, it's another actually to put into place the steps to make sure it's not happening on those platforms. You can say athletes can't bet on themselves, but if an athlete does, how will it be caught? What if an athlete's family member does? What if a government official's colleagues or family or staff bets on insider information? It's got to be more than an aspirational statement by these companies.

21:40Let me ask you both the big question on this, and obviously the opponents to these predictions markets are taking their fight not only through trying to influence legislators, but going through the courts too. And they have had some victories in the courts. If you want to do this, you have to pass the legislation. How much support do you have from your colleagues, both in the Senate and then in the House, if it were to make it to that point? Well, this might be a good opportunity to use the prediction markets to bet on that. I actually think both of us feel that there's a lot of momentum on both sides of the aisle on this.

22:14And I think you're going to see further legislation, not only from us, but from our colleagues on this, to get our arms around it and make sure it's done properly. I think that's exactly right. There's a lot of bipartisan interest and concern over this. That makes this one of those rare opportunities for the parties to get together and do something meaningful. So I'm optimistic. It shouldn't really be left to litigation. Frankly, I think the law already makes this clear. but the CFTC chairman is moving in a completely different direction of essentially unlicensed, unregulated activity here. So the Congress will need to step in.

22:50We should point out that at CNBC, we have extended an open invitation both to Calci and to Polymarket to join us right here on Squawk Box. And in full disclosure, we should point out that CNBC and Calci do have a commercial relationship that includes a CNBC minority investment. Gentlemen, I hear how much you agree with each other on this, but obviously there's a lot of areas where you disagree too. Why don't we talk about DHS funding and where each of you stand? Do you think that we will reach an agreement soon that will begin to start paying those TSA agents who have gone without pay for almost a month now?

23:26Listen, we were actually talking about that together before the interview started, and I think this is one of those areas where we agree on so much more than we disagree. And I think those areas of disagreement are getting narrower and narrower. I think we all realize we've got to solve this, And I think we're all committed to figure out how to get that last little bit across the finish line. Meaning that you think a resolution? Go ahead, sir. Yeah, I was going to say, I hope that we can reach a resolution soon. But even if there are issues that are going to continue to divide us, like over ICE and Customs and Border Protection, we should make sure the TSA gets funded, that we deal with this urgent crisis at the airports.

24:02That I think we're in easy agreement on. Total alignment, yeah. So should I assume that we would see something maybe potentially by the end of the week if you two can sit there and figure out a potential deal? Well, if it were up to us, we'd have it done by the end of this interview. But I know our colleagues are working hard and spending a lot of hours on this. Let me try this with you two buddies. Jim Jordan, he actually points out that the Judiciary Committee passed the Shut Down the Sanctuary Policies Act of 2026. there's 18 cities where there are sanctuary jurisdictions and major cities, 31.5 percent of the population is in an area where you can have a sanctuary city where federal laws, immigration laws are ignored.

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24:52Do you think sanctuary cities are a normal part of doing business senatorship? Is that something that, are you in favor of sanctuary cities? Let me just ask you that. Well, this is an issue I think John and I will probably not agree on. But people need to understand what sanctuary city means. It doesn't mean, frankly, as you're suggesting, that people are immune from the immigration laws in a sanctuary city. What it means is those cities have decided they want their law enforcement used to go after violent offenders. They don't want their law enforcement to become an arm of immigration authorities.

25:25And that's the right of every city to make that decision, how will they want to deploy their own law enforcement resources. the federal government can't simply compel local law enforcement to become ICE agents or Border Patrol agents. So that's a decision for each city to make. I respect that decision. Those communities have decided that they would rather have people come forward and report crime and be witnesses to crime, even if they're undocumented, than be afraid to and let crime proliferate. So that's a local decision, and I support it. it makes it impossible for federal immigration officials to do their job in those cities.

26:03And we've seen what the outcome, they're not protected. You call the police and the police won't show up to help support the, what do you think, Senator Curtis? And we wouldn't have this problem if 10 million plus illegal immigrants weren't let in during the last administration. What was the whole rationale for that in your view, Senator Curtis? Yeah, listen, I can't answer that question, but I can tell you, I think this is a false narrative. They can't. Because the false narrative is that you can't have rule of law and compassion. And I think that's what our country is built on. I know those are Utah values, and I really believe we can enforce the law.

26:42We can have rule of law, but we can also do it with compassion. I think that's where American people are a little bit uncomfortable with some of the things they've seen. I'm not sure. So you are in favor of sanctuary cities then? That's not what I said. I said rule of law, right? Rule of law is not a sanctuary city. But that's how you enforce the law. So you're not in favor. Are you in favor of Congressman Jordan's, what he's going to be talking about? Would you vote a yay on that if you got a chance? Yeah, of course. Listen, I did in the House, by the way. I'm pretty sure we voted on that bill in the House a number of times.

27:16What you're not hearing is, yes, rule of law is important. We have to have rule of law in this country. But compassion with that rule and law is not a mutually exclusive idea. Okay, the open border for the four years of the Biden administration, was that compassion? That is not compassion. No, no, that's terrible. That's ignoring the rule of law, right? That's why we're in this mess right now. That's ignoring the rule of law and ignoring compassion. It wasn't compassionate to encourage those people to come into our country undocumented and be subject to cartels garnishing their wages. It wasn't compassionate to tell them that if you if you come here, you can have the American dream when they can't.

27:54So that's that's why we're getting this wrong. Right. Like you got to understand what compassion is and what it's not. Would you try. Do we need then to anyone who's here illegally that hasn't committed a crime? Senator Curtis, should there be a path to citizenship? Is that what compassion means to you or should these people not be allowed to stay? Well, then let me ask you a question. Is there any law, any rule broken in our country where we don't have a consequence defined? So why don't we have a consequence defined when it comes to coming into this country without documentation? We continue to allow these people to be here, but we haven't defined what their consequence is.

28:32So that's an inaction from policymakers? Absolutely. All right. So what would you say we need to do then? What's your answer to that? I guess it's like every other for so first of all you have to define amnesty but any other crime that's committed here in our country is is we define what we define what the punishment is and we've we've failed to do that in this case senator Schiff I thought I'd be arguing with Senator Curtis look I think we need strong enforcement of our laws but we also need to enforce them with compassion. And I think it is also a false choice to say, well, we can't have a strong border unless we also allow indiscriminate immigration sweeps that cause chaos in our streets like we saw in Minneapolis.

29:23We should have a strong border, but we should also make sure that our ICE agents are operating lawfully, that they're not using excessive force, that they have warrants before they go into people's homes, that they're not racially profiling people. All of those things can be true at the same time, and that's what I'm advocating. The last two shutdowns that we've seen, one was about the expiring subsidies for pandemic era, you know, Obamacare subsidies. This is about, I don't know, I guess you'd call it compassion and enforcing immigration laws. Do you both think that preventing funding from other things like TSA or DHS during a war.

30:04Is that the way that business should be conducted in Washington, Senator Schiff? Would you want Republicans to do that to get what they wanted in the normal funding of the government? I think that before we fund, for example, ICE agents or Customs and Border Protection, we should insist on certain safeguards, namely that they operate with the same standards we ask of a local police department. We're asking neither more nor less than a local police department. So before I approve funding for those agencies, given the abuses we have seen, given the blood we've seen in the streets, that's something I want to see happen.

30:40Now, I don't want to hold up the rest of what DHS does, so I fully have supported and supported vote after vote. I think we've had 10 votes to fund TSA. It's a carve-out. I've supported and offered. It's a carve-out. It's not a clean bill. It's not a clean DHA funding bill, which has been the business as usual for the way it's usually done. Once again, it's... The business as usual right now is people getting killed in the streets. So I'm not for that business as usual. But I also don't want to see the Coast Guard funding held up or FEMA funding held up or TSA funding held up. And we should, I think, narrow down to the things we disagree and keep negotiating on that.

31:19With respect to other things, we should fund them. And I think most immediately we need to get those TSA security people paid and address those long lines at the airports. Senator Curtis, if I spent all my time in Utah, I don't think I'd ever leave. We were just, I mean, I've never seen topography or Moab and arches. But I digress. But that is, what is a wonderland? Is that what it's called? I'll tell you what, I actually wish you wouldn't say that because that's just going to bring more people to Utah. Let me just weigh in quickly on this shutdown as well. I've been here for eight years. I've seen more shutdowns than I can count.

32:06Not a single one of them has produced the results it was intended to produce. Shutdowns are bad. We punish the wrong people. And who we should be punishing are members of Congress. Let's take our pay away until we get this done. And listen, a lot of the objectives that are trying to reach through shutdowns, whether it's Republican shutdown or Democrat shutdown, should be reached through the legislative process, not by hostage. So I'm not a fan of shutdowns. I've never seen one that's been productive or accomplished its goal. And I think we need to move on and deal with this through the legislative process.

32:41But you just enabled the next shutdown by saying that you think things should be compassionate and that Republicans should fold. So I don't know where you stand. I'm sorry, I don't understand your question. It just sounded to me like you're not in favor of the tactics that you're seeing from the Democrats right now with the ICE, with not funding ICE. But earlier, it just sounded like you understood and that there should be a carve out. So I'm not sure which would be. Listen, I don't know how it could be more clear. Shutdowns are a terrible way to reach your objective. I agree. So if that is your objective, come to the legislative table and let's get it done through the process.

33:18I'm not sure we reached an agreement between the two of you on this interview. But it was a good discussion, yes. But we hope that we can see that happen soon. Let's do it again. Okay, Senator Schiff, Senator Curtis, thank you for your time. We appreciate it. Next up on SquawkPod, Meta ordered to pay$375 million for child safety violations in New Mexico. And the company is vowing to appeal. New Mexico Attorney General Raul Torres joins us right after this break. This is a company with a lot of technological know-how, with a lot of resources. And I think the message that the jury delivered yesterday is that they need to do a whole lot more to make their users safe.

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35:36This is Squawk Pod. You're watching Squawk Box on CNBC. I'm Joe Kernan, along with Becky Quick. Andrew's off this morning. Meta has been ordered to pay$375 million for child safety violations in New Mexico. The state's attorney general, Raul Torres, sued Meta in 2023 for misleading consumers about the safety of its platforms. It's the first standalone case by a state against the social media giant. Meta says that it will appeal. Attorney General Raul Torres joins us this morning. Attorney General, thank you for being with us. Let's talk about what happened here, because this is the first time that a state has won against any big tech company in terms of trying to protect children.

36:20What's your takeaway? Well, this is a landmark decision, and I think the jury delivered a message not only to Meta, but to the entire industry, that they expect a whole lot more in terms of creating safe spaces online for kids. And I think it's also time that Congress hears that same message and takes decisive action to try and regulate this space because we want accountability. We want safety. And what we want fundamentally is a safer space and a safer experience for our kids online. You won, you overcame Section 230 motions that Meta and some of the other big tech companies have been protected by for decades at this point, where they say, hey, it's not our content.

37:00We're just the bulletin board going all the way back to that CompuServe case. We're just the bulletin board. You can't expect us to be moderating this content. How did you overcome those motions? Well, I think that's what makes this so historic. They've been hiding behind Section 230 for over two decades. As you know, that was a law that was passed back in a totally different era when technology and the landscape was completely different. Since that time, they have spent an enormous amount on lawyers and lobbyists to try to ensure that they aren't held responsible. We took a different approach in this case, really focused in on the aspects of the product itself, the design features of the algorithm, the lack of age verification, the implementation of end-to-end encryption, all of which created an environment which was both dangerous for kids and addictive.

37:51But we also were able to show that the company's own safety team had been recommending for years and highlighting for years the dangers of these features. They were repeatedly ignored by Mr. Zuckerberg and other executives. I think fundamentally that's what made the difference in this case. Yeah, I think the legal filings specifically that you're referring to, and this kind of jumped out at me as well, Well, Zuckerberg's 2019 announcement to make Facebook Messenger end-to-end encrypted by default would impact the ability to disclose to law enforcement some 7.5 million child sexual abuse material reports.

38:26And that was what internal emails, internal messages from Meta highlighted, and that those were the type of messages that were being ignored? Yeah, that's exactly right. And it was interesting that they moved fully to end-to-end encryption the day after we filed this lawsuit. And then in the middle of the trial, they actually made the announcement that they were going to unwind end-to-end encryption. I think in part it was just one more aspect of the decisions that have been happening inside the company, which points to this default setting of prioritizing profits over safety in terms of ignoring safety recommendations from their own internal staff.

39:08And it's one of those things that really grabbed the jury's attention. I think it's noteworthy that this was a six week trial. The jury came back in less than a day. that's a pretty resounding message for Meta and for the entire industry. Meta itself says that not only do they disagree with this verdict and they're going to appeal, but they say that they work very hard to keep people safe and that it's pretty tricky to weed out the bad actors when you have such large platforms. What's your response to that? Well, this is a company with a lot of technological know-how, with a lot of resources. And I think the message that the jury delivered yesterday is that they need to do a whole lot more to make their users safe, to create a safe environment.

39:51And fundamentally, they need to stop misleading customers and users about the safety of the platform. This is not completed. The trial's second phase begins on May 4th. That is not with the jury. That's just with the judge. What will that judge be determining? Well, that's to examine the public nuisance claim, which was bifurcated from the initial phase of the litigation. This will be a case made directly to the trial judge. We'll be talking about the public nuisance that we believe was created by the platform and the harm that flowed from that public nuisance. We could ask and we will be asking for more financial relief for the state of New Mexico to remedy that, to help support our kids and create a safe digital environment.

40:32But more importantly, we're going to be asking for injunctive relief. That means changes to the design features of the platform itself, real age verification, changes to the algorithm, an independent monitor to oversee those changes, and fundamentally a demand that they do business differently in New Mexico. They've said they're going to appeal. What's the next step in the appeal process? What court does that land in front of? Well, we're focused now on the second phase of the trial court presentation. I realize that, but what's the next step? We're about out of time. I just want to know where Meta's options are.

41:05Well, Meta always has the option to appeal this. My recommendation to them would be to focus on the message that was sent by the jury and spend that time and money on making it safer. Attorney General, where is the appeal? Where does it land? What court? They would have to go through the Court of Appeals here in New Mexico. And then to the Supreme Court if they lose there. Attorney General Torres, thank you for your time. It's good to see you. Thank you very much. That's Squawk Pod for today. Thank you for listening. Squawk Box is hosted by Joe Kernan, Becky Quick, and Andrew Ross Sorkin weekday mornings on CNBC starting at 6 a.m.

41:41Eastern. To get the best bits of that three-hour TV show right into your ears in around 30 minutes, follow Squawk Pod wherever you're listening now. We'll meet you right back here tomorrow. Have a great day. We are clear. Thanks, guys.

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From the publisher

As lawmakers take aim at prediction markets, Senators Adam Schiff (D-CA) and John Curtis (R-UT) discuss the bipartisan ‘Prediction Markets Are Gambling Act,’ why they support banning sports-style betting. The Senators and CNBC’s own Emily Wilkins all weigh in on the Capitol Hill negotiations on DHS funding. Then, a New Mexico jury has ordered Meta to pay nearly $400 million in a civil case over child safety on its platforms. New Mexico Attorney General Raúl Torrez explains the ruling, what it could mean for big tech and social media, and what comes next in the appeals process. Plus, OpenAI shutters its video app Sora.

 

Emily Wilkins - 12:04

Senators John Curtis & Adam Schiff - 17:23

Raúl Torrez - 35:56

 

In this episode:

Emily Wilkins, @emrwilkins

John Curtis, @SenJohnCurtis

Adam Schiff, @SenAdamSchiff

Raúl Torrez, @TorrezforNM

Joe Kernen, @JoeSquawk

Becky Quick, @BeckyQuick

Cameron Costa, @CameronCostaNY


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