Tag Archives: apple

Tech Rivals Unite To Support Apple In iPhone Privacy Case Vs. FBI

A who’s who of Internet and technology companies on Thursday filed legal briefs in support of Apple ( AAPL ) in its fight to keep iPhone data private. The companies expressed concern that a federal court order forcing Apple to unlock an iPhone in a criminal case could have far-reaching negative implications for the privacy and security of consumer data. The law firm of Hogan Lovells represented 15 companies, including Amazon.com ( AMZN ), Cisco Systems ( CSCO ), Facebook ( FB ), Google and Microsoft ( MSFT ), in its brief backing Apple. Munger, Tolles & Olson represented 18 Internet companies, including  eBay ( EBAY ), LinkedIn ( LNKD ),  Twitter ( TWTR ) and privately held Automattic in its supporting brief. The Hogan Lovells filing argues that the federal government is misusing the All Writs Act to try to force Apple to write software to bypass its own security features. It notes that the companies filing the amicus brief often compete vigorously with Apple and each other, but “here speak with one voice because of the singular importance of this case to them and their customers.” The Munger, Tolles & Olson filing hammers home similar points. “This extraordinary and unprecedented effort to compel a private company to become the government’s investigative arm not only has no legal basis under the All Writs Act or any other law, but threatens the core principles of privacy, security, and transparency that underlie the fabric of the Internet,” the law firm wrote. On Feb. 16, U.S. Magistrate Sheri Pym ordered Apple to provide “reasonable technical assistance” to the FBI to help unlock an iPhone belonging to Syed Farook, one of the killers in the San Bernardino, Calif., terrorist attack on Dec. 2. Apple has protested the ruling, saying that it would create a “back door” to bypass its security protections and thus threaten the personal data of millions of iPhone users. Once available, the vulnerability could be exploited by cybercriminals, hackers and both foreign and domestic spies. Other parties filing briefs in support of Apple in the case include AT&T ( T ), Intel ( INTC ) and trade groups like the Consumer Technology Association and Business Software Alliance. Apple also has gained the backing of privacy advocacy groups including the American Civil Liberties Union, Electronic Frontier Foundation and Electronic Privacy Information Center. Apple has posted on its public relations website a list of parties filing amicus briefs in support of its case . But the FBI has garnered its own set of supporters filing amicus briefs in the case. Parties backing the FBI’s position include the Federal Law Enforcement Officers Association, the Association of Prosecuting Attorneys, the National Sheriffs’ Association, the California State Sheriffs’ Association, California Police Chiefs’ Association, California Peace Officers’ Association and San Bernardino District Attorney Michael Ramos, as well as the families of several victims of the Dec. 2 shootings.

Amazon Confirms It’s Ending Fire Tablet Encryption, Takes Heat

E-commerce leader  Amazon.com ( AMZN ) has confirmed that it has disabled encryption on its tablets running Fire OS 5. News of the change comes at an auspicious moment, as a debate in the U.S. rages about whether  Apple ( AAPL ) should create a tool that would give government access to a terrorist’s iPhone. Apple says that giving the feds such access would make all other iPhones more vulnerable. Amazon spokeswoman Robin Handaly emailed a prepared statement to IBD about the encryption change: “In the fall when we released Fire OS 5, we removed some enterprise features that we found customers weren’t using,” the statement reads. “All Fire tablets’ communication with Amazon’s cloud meet our high standards for privacy and security, including appropriate use of encryption.” Industry observers have been critical of Amazon’s decision to eliminate the security measure from its devices. “Removing device encryption due to lack of customer use is an incredibly poor excuse for weakening the security of those customers that did use the feature,” Jeremy Gillula of digital-rights nonprofit Electronic Frontier Foundation told IBD via email. “Given that the information stored on a tablet can be just as sensitive as that stored on a phone or on a computer, Amazon should instead be pushing to make device encryption the default — not removing it.” “Amazon’s decision is backward — it not only moves away from default device encryption, where other manufacturers are headed, but removes all choice by the end user to decide to encrypt it after purchase,” Nathan White, senior legislative manager at digital rights organization Access Now told Wired . “The devices themselves also become more attractive targets for thieves. Users should no longer trust these devices: If you wouldn’t post it to the Internet publicly, don’t put it on a Fire Tablet.” Amazon stock was flat in early afternoon trading on the stock market today . Typically, device encryption is used by device owners to protect their data in case the the device is lost or stolen. Amazon’s own chief technology officer just last month gave a speech strongly supporting encryption  in general. Reports of the company terminating encryption have sparked debate on Amazon Web forums. Amazon, however, has joined 14 other tech giants in filing court papers that support Apple and its fight against the FBI. The government is attempting to gain access to an iPhone used by one of the dead terrorists in the San Bernardino, Calif., shootings. Other companies involved include Alphabet ( GOOGL )-owned Google, Facebook ( FB ) and  Microsoft ( MSFT ).

Explaining Blockchain To Traditional Investors Through Growth Capital

Note: This piece assumes some general familiarity with the blockchain technology space. If you would like an introduction to the technology that underpins Bitcoin and other cryptocurrencies, see this article on Re/code . Ever since launching CoinFund in July 2015, I’ve been viewing the blockchain technology space from the point of view of an engineer and a portfolio manager. I’ve been thinking, therefore, about how to explain the blockchain technology space to traditional investors in traditional terms. What makes blockchain companies unique and interesting opportunities in the investment landscape? To see the potential long-term implications of this fascinating space, one needs to take in a thirty minute primer of technical details: What is a blockchain? What’s interesting about decentralization and trustlessness? What’s the deal with smart contracts? In a semi-technical crowd, the audience is quickly lost in jargon and a technologist’s reasoning. Instead, I think the correct way to present the blockchain opportunity to traditional investors is through the lens of growth investments – yesterday, today, and tomorrow. It is a story of a technology that democratizes, opens, and optimizes a difficult investment environment. Where is the capital? For the last 15 to 20 years, startups have proliferated in the market across all verticals. You have ZocDoc (Private: ZDOC ) for doctors, UpCounsel for lawyers, Seamless for food delivery, Tinder for dating, and on and on. Just about every New York University junior one meets is trying to either be CEO to or a VC in the next “Uber (Private: UBER ) for X.” Take a look at this chart in which you can witness the staggering “unicorn density” of our time: Click to enlarge As more companies take up the startup model, there are more and more private companies and fewer and fewer public ones. Just a few metrics paint a clear picture. The number of firms on the U.S. stock market started declining in the mid-1990s from a high of about 7,300 listed companies. By 2015, after a lazy uptick, there were only 3,700 left. Startups, pumped by high valuations and VC capital and a tech entrepreneurial culture, stay private longer in a “psychological shift” which has been described as “Silicon Valley’s distaste for the IPO.” Between 1996 and 2014, the average time to IPO went up from 3.5 years to 6.9, according to the 2015 IPO report by WilmerHale . And most recently, the number of IPOs has been dropping globally, with the tech sector leading the way. A 58% drop in NYSE IPOs in 3Q15 YTD compared with the previous year was accompanied by a 77% drop in dollars raised, according to Ernst & Young . In short, there is a lot of capital moving from the public into the private markets for the world’s primary growth sector – technology. According to Rett Wallace’s assessment of the tech bubble , “27 times more primary capital has gone into U.S. technology companies privately than publicly. And if Box.com had actually gotten its IPO done on schedule last year, it would be 88 times more.” In such an environment, what does participating in the growth sector look like for investors? Growth investments, yesterday and today At the turn of this century, investing in growth would looked like this: Joe the Investor would identify tech as a growth sector. He would send some cash over to his Ameritrade account, and – this being 2004 – buy some Google (NASDAQ: GOOG ) (NASDAQ: GOOGL ) at the IPO. Then Joe would hold Google for 10 years. In the interim, Joe would know that he could dump some of his Google stock if technology took a downturn. Finally, Joe would sell Google in 2014 for a 12x return. And here is what growth investment looks like today: Spencer is a private investor. He has a top 1% salary and therefore qualifies as an accredited investor , which allows him to participate in private offerings. In 2009, Spencer would notice a company called Uber doing a funding round on AngelList. Spencer’s contacts on AngelList are investing, so he would follow suit. It’s not likely that these investors would be able to predict that Uber would take off, create a new industry, and become one of the greatest growth companies of all time. It’s not likely that Uber can predict that in 2009. Following his investment, Spencer would be stuck in Uber private equity for seven years with very limited options to take profits before a liquidity event. Perhaps next year Travis Kalanick will decide to take Uber public, but no one can be sure. If he does, Spencer will make a 12,700x return. When growth companies move into the private sector, traditional public investors are left with little access to growth and a precarious stock market. “Growth and value investing” seems now a fragment of the past. And even when startups do IPO, overvaluations often foil performance in the public markets. To cite some recent examples , Box (NYSE: BOX ) stock fell 30% shortly after trading. The beloved Etsy (NASDAQ: ETSY ) fell 70%. At the time of the IPO, it is simply too late for public investors to participate in the growth of startups. The chart below shows the returns that were left for public investors after the IPO of Etsy (source: Bloomberg). Click to enlarge It would appear that in this regime the privilege of private investments goes to affluent individuals. Yet, while accredited investors have much greater access to outsized returns, their investment landscape is far from rosy. First, there is little data, research, or transparency in the private markets. A hedge fund trader might receive an offer to buy Lyft (Private: LYFT ) stock, but how does he judge whether it is a good one? Virtually all ridesharing competitors today are in the private sector and are thus tight-lipped about basic metrics such as revenues and customer acquisition costs – basic parameters that have been traditionally used to price stocks. Once again, this kind of uncertainty contributes to overvaluation and only when the company eventually reaches the public market do valuations start to deflate back to reality. Finally, it goes without saying that the lack of liquidity for private investors is a long-standing issue. But with the advent of efficient new trading technologies and a global market, low liquidity might become a concern of the past. Blockchain companies are models for the growth investments of the future A blockchain company is a special species of technology startup, one where its business gives it a distinct advantage in its own business operations. It’s kind of meta, but consider that Apple’s (NASDAQ: AAPL ) expenditure on its internal hardware is probably much less than Google’s – Apple manufactures computers and has vast economies of scale on hardware; or consider that it costs Twilio (Private: TWILO ) much less to send a text message compared to a startup who has to use Twilio to do the same. Just like tech startups need computers, they also need funding. And blockchain technology companies happen to be in a unique position to fund themselves because their product is highly conducive to transferring currency-like and stock-like assets between investors, entrepreneurs, and even digital organizations . In practice, the prevalent method of funding blockchain companies in recent memory has been the “crowdsale” – a fundraising model where the company sells its own cryptocurrency, cryptoequity, or cryptotoken to the public before the system is built and then uses the funds as a seed investment. When the blockchain finally launches, the stake becomes tradable and liquid and early investors stand to make a good return – in effect, the blockchain company has done an IPO that lies outside the traditional financial system. The Ethereum crowdsale is today the fifth largest crowdfunding in the history of the planet, having raised $18M against a white paper written by a gifted 20-year-old college dropout. Having used the funds to build a complex organization with tens of employees and many more on distributed projects from all over the world, and working against non-trivial negative social pressure from the established cryptocurrency community, Ethereum was released as a public blockchain a year and a half later. In March of 2016, Ethereum grew in price by a factor of 10, and became the world’s second largest cryptocurrency by market capitalization at a $750M valuation . Such an “initial cryptocurrency offering,” or ICO, has a highly favorable character for investors: First, the ICO is available globally to all investors, and in most jurisdictions there are compatible regulations that allow participation. The disparity between Joe and Spencer investors that we see in private equity on the traditional markets has been reduced, if not eliminated. It is an equity crowdfunding, so the market can potentially accommodate large raises – a boon for companies. Even in traditional markets, we have begun to recognize the value of equity crowdfunding with the JOBS Act and the proliferation of platforms like Crowdfunder and CircleUp, with this high-growth market estimated to reach nearly $100 billion ten years from now . Unlike typical private companies, blockchain projects often adopt an open source or open community model, so development and performance metrics are available and transparent. Unlike in speculative cryptocurrencies like bitcoin, cryptoequity investments often lend themselves to straightforward modeling, as they are based on a well-defined business product proposals: if the platform acquires n customers, it will generate r returns. Liquidity is one of the foremost considerations in an investment. Most ICO investments become liquid at beta, and investors only have to wait out development time (compare with Uber, above). Not only is liquidity often available over the counter during this period, but the advent of smart contracts will send the wait period to zero: you will soon be able to trade cryptoequity immediately after purchasing it at crowdsale using a decentralized exchange . Blockchains facilitate the low-cost, fast and efficient transfer of equity between stakeholders. This is a vast improvement of the stagnating, expensive, and slow process of paper deals on the private markets. It’s easy to see that with these favorable properties, ICOs have the character of the kind of high-tech and low-friction applications that we’ve become accustomed to over the last 20 years. They stand as a open and efficient model of how growth investing could be in the future. Blockchain Technology Disclosure : I hold an economic interest in CoinFund, a portfolio which invests in cryptocurrency and blockchain technology companies by way of their cryptoequity and which has a long position in Bitcoin and the cryptocurrency of Ethereum. CoinFund’s portfolio is fully transparent at http://coinfund.io . I have no formal business relationship or affiliation with any blockchain technology company or project. Disclosure: I am/we are long GOOG, AMZN. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it. I have no business relationship with any company whose stock is mentioned in this article.