tv Bloomberg West Bloomberg March 1, 2016 11:00pm-12:01am EST
yvonne: it is noon in hong kong. it is super tuesday. hillary clinton tightening her grip on the democratic nomination with a series of victories over bernie sanders. donald trump is seen winning at least escapes and says he could take up to nine. ted cruz has called on other republicans to get buying him to attack trump. movies has cut china's credit rating outlook to negative, citing rising debt and declining reserves. the agency affirmed its long-term debt rating, but warned of a possible downgrade. china's leaders hold their annual meeting this week.
surged inurces beers hong kong after agreeing to buy sab miller's stake in their chinese joint venture. it gives it full control of the world's best selling brew, snow beer. transaction still needs regulatory approval. those are the headlines from bloomberg news. let's take a look at the markets right now. hong kong and china currently closed for lunch. here's how they were trading in the morning session.\ mumbai alltokyo, and rising today. we will be back in half an hour. ♪
emily: i'm emily chang and this is "bloomberg west." apple and the fbi testify before congress. we bring you the latest arguments. attorney general loretta lynch addresses tech in silicon valley. she spoke to me about where she stands and says apple shouldn't decide this issue for everyone. zynga's ceo stepping down again. we take a look at what comes next for the struggling gaming company. the house judiciary committee takes on the encryption battle. the fbi and apple delivered testimony on this bitterly contested debate. fbi director james comey explained that the government is "asking apple to take away the vicious guard dog." senior vice president and general counsel for apple the only defended the company's stance. tim higgins has been on capitol hill, covering this hearing.
what are your main takeaways? >> apple wanted a national debate and the fbi brought it today. the director talking about how what apple is doing is creating asked that one lawmaker if it would provide a sanctuary for criminal underground and he said yes. beyondevating the debate just the discussion in california. taking it to the halls of the capitol. emily: let's talk about the fbi specifically. what do you take away? what do you clean from komi -- comey's testimony? >> the kind of information they are trying to get out of these phones is the kind of information the fbi has collected with lawrence in the past -- warrants in the past. technology has gotten to a point where they can't access it. that is what has changed.
they are making the case that we as a society are accustomed to having warrants to get this information. emily: what about apple? how has their argument been presented? has a default from what we heard this weekend last week? >> the fbi tried to paint apple and some of its motivations as marketing-driven. the apple lawyer said that made boil,ve boil -- blood that they were motivated by trying to protect their customers and protect society in general, that privacy is a key element and if they don't stand up for this, it won't protect society. it will just allow the terrorists to continue what they are doing. emily: you've got lawmakers on both sides of this issue. i wonder, where our lawmakers?
what are they seeing? >> today's hearing gave us insight into some of the questions towards apple. there was some reception to their argument. you heard several lawmakers talking about how this needs to be a congressional issue. apple did faced tough questions from the congressman from south carolina, wanting to know what apple's proposal was, what would apple agree to, and apple wasn't ready to say they would propose legislation at this point. emily: let's talk about the middle ground here. law enforcement and attorney general loretta lynch, we are about to hear her call for a middle ground. i wonder, is there really a balance between security and privacy on this particular issue? when apple says there is no middle ground, it is a slippery slope. >> the fbi would say there is a middle ground, that other
companies are able to do this, but it's a business case for apple. that said, apple was talking createow they, if they this tool for the fbi, then others will want it. emily: tim higgins, bloomberg news reporter -- >> from there, the conversation was pointed into the technology and we had an expert talk about how really, what the fbi needs to do is generate more knowledge in the area and develop the skills to crack into these phones. not a lot of feedback on that from lawmakers. day, youhe end of the are hearing a lot of comments about how this is going to become probably a congressional debate. emily: tim higgins on capitol hill, thanks so much. this story at the heart of the
action. speaking of government access to private data, brazilian police have detained a facebook executive for failing to cooperate with judicial orders to release data to authorities. he is vice president of facebook in latin america. he didn't comply with a court order. this isn't the first run-in facebook has had with brazil's law enforcement. in december, brazil blocked facebook's whatsapp messaging service after the company refused to disclose comments between alleged drug dealers involved in a case. u.s. attorney general loretta lynch weighs in on apple's fight with the f dei and where -- the fbi and where the battle lines should be drawn. my exclusive conversation, next. ♪
emily: welcome back to "bloomberg west." apple and the fbi have been testifying on capitol hill. we are joined by the new york county district attorney, who also testified today. thank you so much for joining us. what is your reaction to the proceedings today? >> i thought it was a important opportunity to be able to talk to the house judiciary committee on the issue of encryption, and to present really the impact of this default device encryption on state and local prosecutors and offices around the country. we are responsible for prosecuting about 95% of cases in the country. the inability of law enforcement
to access devices where a judge has determined there is evidence that may relate to a crime, whether it is murder or sex crimes, is having a big impact on our ability to do our job, and i think is having an overall negative impact on public safety. emily: you are on the side of the government, and yet in brooklyn, a judge just ruled that apple doesn't have to do this with respect to a drug dealers phone. where do you draw the line? >> i think where you draw the line is obviously the big question. the ruling in brooklyn, which i haven't had time to study, was in opposition to a ruling the week before in california. i think the courts are going to continue to look at this issue. let me reiterate. those are two cases in the federal courts. as important as they are, they
don't set the landscape and deal with the importance of the problems we have in state courts throughout the country. we really ought to push rapidly for a federal legislative solution to this issue. i believe that the twin interests of privacy and public safety can be balanced. i do not think it is acceptable to have these devices, knowing they contain information that is valuable and important, to simply be off-limits because the technology companies decided they want them to be off-limits. i think congress needs to step in and provide the balance that has been taken away with the recent moves by apple and google. emily: where is the middle ground? i spoke with the attorney general who says there is a middle ground, but apple says there is no middle ground. >> i think apple was reluctant to concede that there was any
ground, to find common purpose. but i want to focus on first of all what we call data at rest, which is the information stored on the iphones themselves. this is the text messages and pictures and movies and all the stuff in the phone itself. we need, i believe, to have a legislative solution where we can get access to the devices, much like we have gotten warrants to access cars, bank homes in ans, and effort to do our job. i think we can do this and i think it's relatively simple legislative language. bottom line is, we need to get to a place where courts can order the production of key evidence, which we know is contained on thousands of smartphones around the country that are being used by
criminals. honest, everyday people are using the smartphones, but because these are warranted-proof devices, criminals know they are not going to have their communications intercepted. it has been a boon to the criminal element. emily: how many cell phones stay in -- do state and local authorities hold that they can't get into and to what consequence? >> in my office, since september 2014 until today, there are 205 apple devices which are fully disk encrypted, which we cannot get access even though we have gone to a court and received a search warrant. that is out of a universe of 700 plus, but those are only the phones in our da's office. it doesn't account for the thousands of loans -- thousands of phones the nypd has seized.
you are seeing hundreds of devices in every office and county made inaccessible now by this engineering to be incapable of being opened and unencrypted. so it is going to be a very substantial number of devices around the country. its devices 94% of are running ios 8, which is the warrant-proof or full encryption device, so it is an escalating problem. emily: do you have the same problem with android phones? >> google, who manufactures the android software, they do not manufacture the same amount of phones as apple does. apple manufactures and designs the phones and sells them.
google has its software on devices like samsung. it is taking google longer to integrate the default disk encryption to the devices of other manufacturers like samsung phones. they aren't yet at the penetration point where apple has gone. vance,all right, cyrus new york district attorney, thank you so much for joining us. buying closelys held clicker technologies for about $260 million. the company manages data applications on public cloud providers. the move is the latest by the ceo to recast the company's product. fit the cisco to better changing market for networking and computing. dell is naming new leaders ahead of its planned merger according
to a person familiar. the changes were revealed in a memo to employees. among them, jeremy burton will be chief marketing officer of the combined company. chief operating officer is leaving the company. he is the latest in a string of death arches ahead of the make it -- of departures ahead of the merger. still to come, my exclusive conversation with u.s. attorney general loretta lynch. stay with us. ♪
joined the board. this will be the first tangible test to see if locked chain has a future in financial markets pure now our top story. james coney -- thetta lynch brought spotlight back to the heart of silicon valley. lynch spoke at the security conference. it was the industry's most important gathering of the year. she shared her most expansive views to date on this matter. if the tech community and law enforcement aren't able to reconcile their differences on encryption, where is that middle ground? >> there is a middle ground between apple and the fbi. that is who we go to to arbitrate. opiniona difference of
as to what compliance means and whether or not someone should comply when you go to court. that's what we did in this case and that is what we think is the current state of affairs. however, it is also the middle ground of the larger forum of ideas and our country. having a discussion about what it means to have both privacy and security. we do it all the time. people expect it of us. we can do it in this case also. >> in the court, brooklyn george -- judge world apple does not have to do this in a separate case. doesn't that undermine your argument? does it change your strategy? not change our strategy or our reliance on the court. we will be submitting it to a judge in a few days with additional information. which we weree in working very well with apple. they agreed to help us.
it does not involve encryption or anything like this. the issue became public and they filed in opposition. tostill feel there is a path working toward all of these issues as they come up. some say there is no middle ground that does not put everybody at risk. it is about every phone and it is about the future. how do you respond to that? >> i think in the present, we privacy and security everyday. until recently, apple was able to comply with our requests. they have some of the strongest security out there. we have seen it done. we have finance companies. we have health care companies. all important sectors of the to, in encryption battles that protect all of us, every single one of us. we need to manage that data to
keep us safe and secure. emily: the government is asking for the same access in 12 other cases, 14 phones, as we understand it or they range from drug dealers to general criminal activity, but not terrorists. i wonder, where is the middle ground that is not a slippery slope? >> that particular fact indicates how important -- how much data they contain on them. we are in a situation where in so many cases, in all cases that we at doj do, electronic evidence is becoming paramount. there are boxes of documents. we rely on interviews with people. electronic evidence is really what we are seeing in every case. that's how we store data. that's how we maintain data. that's how we access through devices. the fact that there are other phones just shows that in fact, this issue will grow, but in every single one of those cases,
the same way we can look at someone's health and documents, we craft a request for support, we narrowly tailor it. we only want to look at what the law will allow us to look at. case, if a other third party can provide assistance, apple in this case, we go to them and first we ask them to help us voluntarily. if they feel we can't -- they can't do that, we say, let's go to court and get help in deciding the issue. emily: what does a copper mines look like to you and how does this play out? one phone. more than >> phones have become so ubiquitous. it really is about, how do we access evidence anywhere? we're applying the same principles if we were trying to go into a home and look at a to be go to a court and say there is evidence that we need and here is where it is located. is reallyse, it important to note that the
customer, the actual customer of the phone that is at issue, is the one who requested help. one way to sibley resolve this is for apple to work with its own customers and work out a way to resolve this issue. emily: the center of the government position is not having access to encrypted information is a security issue. companies like apple are creating products that can be infiltrated by cyber terrorists. aren't they making us safer? is the fbi inadvertently making us less safe? thee have to think about current state of business affairs in which we have a situation where companies everyday use and protect our data by encrypting at through a variety of means. they keep us safe. they also retain the ability to respond to wants, to respond to court orders, to respond to customers when a customer calls the bank and says, i need to get a copy of my last month's statement. you knowdoes not say,
what, it's encrypted and i can't get a hold of it. we retain all the time the ability to do those things. theican industry is greatest industry in the world. it can certainly do that. we do it all the time. we can do it in this case. speaking tota lynch me from the security conference. we will have more of that conversation in just a few moments. the tech revolving door keep swinging. mark pincus is stepping down as ceo of the videogame company for the second time. he will be replaced by industry veteran -- he will become executive chairman of the company. he says it will allow him to focus on game development while having a seasoned manager make daily decisions. up next, we pick up the conversation and debate whether or not apple or any tech companies should be allowed to create an unhackable phone.
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you don't see that every day. introducing wifi pro, wifi that helps grow your business. comcast business. built for business. in hong kong.:30 australia's economy grew faster than forecast in the final three months of 2015. record low rates persuaded consumers to open wallets and spent. the fourth quarter gdp, .6%. they added the most jobs on record during the period. education capitalized on a weaker currency and low wage growth. rio tinto might be about to sway the action. newspaper reports cite sources who say rio is preparing staff for as manyuarters
as 700 job losses. the miner declined to comment on where and if such cuts might happen. shares have gained more than 5% in sydney today. the u.s. attorney general loretta lynch challenge apple's refusal to unlock a dead terrorists iphone. i -- apple has been doing similar things for a long time. the fbi director james comey says he really wants some security features removed from one phone. apple says that would put users at risk but would not deter terrorist. those are the headlines from bloomberg news. in bureausnalists around the world. let's check in on how the markets have been trading in the asia-pacific today. david: been a very good day. toward 3% gains overall for the regional benchmark. as you would expect, have a look at japan. 4.3%. maybe not looking as good.
we are looking at gains nonetheless. braun-based rally. we are looking at a weaker japanese yen compared to this time yesterday. bonds are moving up. money is getting out of gold. oil is seeing a little bit of pressure, though. 2.2%.lia, we are entering the last leg of .rade sydney looking at a few things, bond deals coming back up. stellar growth number, of course. it news in australia. 2.4% on the way up. furtherportion goes when you look at japan, where it is easily 95% across. on the way up, volumes are a bit flat. have a look at what is happening in chinese markets here. we are seeing investors largely move by moody to place china on creditwatch negative. we will see how it plays out in
the afternoon session. so far, so good. 100% of stocks on the hang seng index are in the green. when the market reopens here in hong kong 27 minutes from now, we will be back to update you with more. ♪ this is "bloomberg west." let'sily chang pure return to my exclusive conversation with loretta lynch. at the security conference, i asked her about reports that apple is working on a so-called unhackable operating system. is it possible? should the government try to stop it? loretta: i'm not an engineer and should -- and could not answer the question. i think innovation is important. i think creativity is important. the reality is we are all in this together. we are all a part of this great experiment called democracy. this great social compact that we have to look out for each
other. we have all agreed no one is above the law. we are notefore, against encryption. our concern is this more and for encryption. i think companies are developing things every day. technology has changed so much in the last six months, two years, three years. we don't know what's on the horizon. i think it's really hard to say. i do find it curious, though, that a company would say, when it comes to this issue, we are not going to go any further. we are going to lock this away, throw away the key, and we are not going to give any thought to how we might need to access it for certain needs. we are not going to give any more thoughts to how we can comply to a court order. we will continue to innovate and so many important ways. emily: apple is saying doing this will infringe on my rights and you're right. is there something to that argument? is in everyone's interest to have strong privacy. it is also in everyone's interest to have strong security.
the courts are aware of where we have gone to balance those rights since the beginning of our democracy. that is why we have gone to court, to get the neutral third party to give us an answer here. it's why we will continue to raise the issue there. to have thoseue discussions. we do this all the time. in fact, part of the government's role is to support the strong privacy issue as well. could the u.s. go to the nsa to break into this particular phone? loretta: i can't comment on the specific techniques we have used because this is an ongoing investigation and we don't do this. we would like to try and obtain information that is on that device. by the way, we don't want apple to break into the phone. we don't want apple to go into the phone and pull data out. we want them to preserve the information on the phone and essentially disable the password that would destroy the
data as we try and gain access to it. emily: but they say that would compromise every phone. someone could use that to get into my phone and your phone. loretta: it's an interesting argument. i think there are interesting technical issues here. this is bigger than a technical issue, in particular when a company has been able to respond to a government request for help. they clearly have the ability to do it. in dealing with the devices that are talked about in some of the other cases, those devices predates the current him's and don't -- current operating systems. there were devices were apple has the ability to provide assistance that they have done for years. they have chosen not to in this instance. emily: in an interview with fox news yesterday, you said one thing that keeps you up at night is a threat to our corporate ip and corporate property. forsaid there were concerns u.s. vulnerability to chinese
economics espionage. asking apple to create less secure products, not in contradiction to those concerns? loretta: the discussion about inter---otect intellectual property involves more than just one company. it's a great company that makes beautiful products. it is so much more than just one company and how they have chosen to sell a certain set of devices. it's about how we track that if they try to infiltrate our system. it's about how we identify actors as they tried to infiltrate our system. it's about issues that are not tied to a specific device or specific commercial venture or marketing structures. they are about how we deal with other governments. that involves diplomacy. it involves law enforcement issues. it also involves making sure
that we keep an eye on what they are doing. the fbi a's investigative efforts, we work very closely with industries across the board, not just a tech company, but the financial industry, health care industry, to talk about threats they are seeing. what are they investigating? usy provide information to so we can all create a profile on what the latest attacks may be. these vary from industry to industry, company to company. that issue is much bigger than apple. asking instance, we are apple to do what it has done for years. help us preserve information on a device so we can try and see if there is relevant data for a terrorist investigation. lawmakers are working to draft legislation that deals with encryption specifically. will the administration seek legislation and what kind? have you seen any drafts from senators? loretta: i have not seen draft
at this time. whenever senators propose legislation, it is something that we look at. we have not proposed that because we have felt that discussions with companies -- and again, it is more than just one company, more than just one issue. we found that the most effective way to deal with this issue -- may be something that comes up. we would welcome everyone's participation in a discussion about that. we have important decisions to make about how we are going to conduct investigations, how we are going to manage to continue to balance privacy and security. the more people are involved in this, the better. emily: everybody wants to know about the one thing that you can't speak about, hillary clinton's e-mails. i wonder, why have you been so about them,speak given they could have a huge impact on a really consequential and some might say's dairy election -- say scary election? loretta: why don't we talk about any investigation?
we don't talk about open investigations. it is a matter of policy governed by law. it is fairness to everyone who might be involved in that. we don't talk about ongoing matters be what i will say is what i have said, which is i under's and people's fascination with it. understand people's fascination with it. it is similar to many investigations we have done over time and it will be handled like every other investigation in that category. career lawyersof that will look at all the facts and evidence. they will come to a conclusion. emily: my exclusive interview with u.s. attorney general loretta lynch. turning back to the action on capitol hill, lawmakers were told that reducing encryption standards will not deter potential terrorists. >> if what happens here is that apple is forced to write a new egrade thesystem to d
safety and security in phones belonging to tens or hundreds of millions of innocent people, it will weaken our safety and security. it will not affect the terrorists. meantime, the fbi, renewing its argument that the request would not lead to a backdoor for every phone. >> there are issues about backdoors. there is already a door on the iphone. essentially, we are asking apple to take the vicious guard dog away and let us try to pick the lock. emily: joining me now to break down the arguments, the arthur of "dark territory." thank you so much for joining us. that interview was happening. as i mentioned the unmentionable, the nsa. could do sohey legally, i'm not sure. one thing apple is saying is right. what the fbi is trying to do is to create new legal precedent
for them to expand what they have been doing for many years in the light of this new technology. otherwise, we are having a hard time getting into it. get 10,f the nsa can why don't they? if it really was critical information, they would. emily: how do we know? they say they don't know what's on there. loretta: look to remember the conversation about metadata, what numbers i'm calling and receiving? that is owned by the phone companies, verizon, sprint, whatever company the guy was using. that information is already known. the fbi, the nsa, can get access to that with a court order from the companies. was the number of a terrorist in pakistan or whatever on this number, they would know that. there is very little -- look.
on both sides, fbi is trying to create new precedents. one thing that needs to be realized as there has been cooperation or complicity, call it what you will, between the telecoms and the intelligence community, the law-enforcement community, going back to the 1920's when an organization that was nicknamed the black chamber, which grew out of a world war i intelligence agency, got western union to turn over all the telegraphs they had. this was renewed with telephone companies. it got into the internet companies. it works both ways. the nsa got into microsoft's stuff. it and would look at say, the first windows program had 1500 points of vulnerability. the nsa helped microsoft clean those up, except leaving a few doors open they could get into. this has been going on for a long time. the fbi and nsa are worried these days might be coming to an end. emily: i will ask you the question i asked the attorney general. ground, a middle
because apple says there isn't. is there a middle ground that will appease both sides? fred: i don't know about appeasing. i've been talking to a lot of people about this. in this instance, i'm convinced the fbi is right. they can do something that allows them to get into this phone that does not require rewriting of an operating system . it does not require doing anything. emily: but then they can't get into every phone? fred: i don't think so. emily: you think apple is lying? but: they are not lying, they are saying this could create a precedent and i think that is true. emily: there are 12 other cases we are talking about here. you heard it from the attorney general. notbasically admitted it is just about one phone. it's about a lot of phones, a lot of times. fred: i think that -- emily: if apple can do it, why aren't they? create a newnt to
legal standard. one thing about kim cook, part of it, that is his brand. we are the security company. we don't sell your dad appeared we collect it, by the way, but we don't sell it. -- sell your data. the way, but we don't sell it or he wants to create a new legal standard that prevents this from happening again. the fbi wants to close off the possibility. it really is about issues and principles that are much larger than this particular phone, which is almost irrelevant to what's going on. emily: wow. all right. fred kaplan. thank you. fred: thank you. come, scott to kelly's historic year draws to a close. details next. ♪
busy: apple ending a very day. it was a strong day for the rest of u.s. stocks. ramy, what happened? of green happened on the market's beard basically, what happened is u.s. factory data came out a little better than expected. it was still a contraction. that helped to boost investor sentiment. we saw markets closing at session highs and basically at their highest in the past seven weeks, in fact. looking at the numbers, the dow was up by about 2%. the s&p up about 2.5%. the nasdaq was the biggest winner, up by nearly 3%. this is its best day since august. as for the nasdaq 100, three
stocks were down. you can see it closed up by about 3%. memory chip makers were some of the biggest gainers. seagate and western digital jumping about 6%. sector-wise, tech stocks as well as the financials were the biggest number one and number two leaders. apple, microsoft, facebook, google, all of on the order of nearly 4%. with apple, interestingly, rally seemed to ride the and basically was unaffected by what was happening over on capitol hill. big banks also rallied, including j.p. morgan, wells fargo, and citibank. citibank was the biggest gainer on the s&p, up high about 6%. basically across the board, green all the way. interesting. thank you so much for that update from new york. the one person this past year that has been truly out of this world, scott kelly has spent the past 342 days on the international space station.
that is the longest and ever for anyone aboard the iss. his historic year in space. in his case, blessed with a scientific gold mine. kelly has an identical twin. scott kelly was in orbit. does -- observed his brother on the ground. we spoke to nasa's chief scientist, who told us why this is a really big deal. really need to understand about what it is about certain astronauts that keep them healthy here in space than other colleagues. that is important to know over the long term so we can send a crew that can be safe and complete a mission like of mash -- i commission to mars. and mark stepped forward and said, study us while we are in our bit. use mark as the control on the ground. he is an identical twin. that is powerful genetic data and it opens up a set of studies that would not have been possible before. science, kellyhe
has become a social media rockstar, sharing breathtaking photos of a view that very few can be able to enjoy firsthand. that has been crucial to nasa's quest to drum up public support for the program to perhaps it's working. the agency was flooded with over 18,000 would-be astronaut job applications last month for just 14 open spots. coming up, new numbers from fidelity investments. the fund manager writing down several startups. surprisingly optimistic views on others. we break it all down. ♪
here to break it all down, liz at chapman -- li chapman. zette >> this time around, it is the latest iteration of what has been generally a down market. first public, now private ones follow. emily: did any particular ones surprise you? don't think this markdown was surprising. there have been markdowns and public shares. withund managers come up valuations looking at the public -- at comps, then they use black box of sorts. they look at, you know, , oniples on revenue audacious growth expectations. that's all what startups are about, along with a look at what the market opportunity is. been markedhat has
down by fidelity in the past. this month, did snapchat maintain themselves, or are they above where they were before? >> good question. a lot of times, they may have already taken the cut, maybe a month ago or two months ago. there was no need to market down further. down? net is >> overall? many companies. these are private companies and it is paper money until there is a liquidity event, which has been few and far between so far when you perform as ipos. emily: keith was on the show recently and said the value has a lot further to fall to take a listen. >> i think it's a permanent new normal. i think they will change radically for the next oneto there -- one to three years. when that model shifts, all hell will break loose. emily: do you see it being that dramatic?
>> you can talk to 10 different investors throughout the valley york,hers, pockets in new boston, austan, seattle, and get 10 different answers. i think what is fair to say is the sky is falling selectively. there are still going to be, for some companies that are trying to raise funding, that don't have strong fundamentals, this is a final nail in the coffin for these. for others, there are standards. cooper, for example -- uber, for example. most of them are somewhere in the middle of the bell curve. those are companies that are working hard. nose to the grindstone time. tos israeli going back business basics, which is earning revenue. going back tolly business basics, which is earning revenue. emily: time to find out who is having the best day ever. the winner is ever enthusiastic eve ballmer -- steve ballmer, putting an end to the question,