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Verizon, Yahoo Both At JPMorgan Event — But It’s Not A Date, Yet

Verizon Communications ( VZ ) and Yahoo ( YHOO ) are both slated to appear at the JPMorgan ( JPM ) Technology, Media and Telecom conference in Boston on Tuesday morning, with the phone company still viewed as the front-runner to buy the struggling Web portal. While it’s unlikely either company will comment on any such marriage, either one might comment on their strategy going forward if a deal falls through. Verizon acquired AOL for $4.4 billion last June. Verizon CEO Lowell McAdam is scheduled to give the morning keynote address. Yahoo CFO Ken Goldman is expected to take part in a question-and-answer session at 9:20 a.m. EST. McAdam doesn’t appear on Verizon earnings calls, leaving that chore to CFO Fran Shammo, but he did speak at Verizon’s annual shareholders meeting on May 5. When McAdam appear at venues such as Goldman Sach’s annual Communacopia conference in September, there’s usually news. At Communacopia, McAdam touted Verizon’s plans for 5G wireless services. Verizon CFO Shammo last week said that a six-week strike by nearly 40,000 wireline workers is beginning to impact Verizon’s financials . Yahoo’s Goldman might in general comment on Yahoo’s sale process, as he did at a Morgan Stanley conference in March. At that meeting, Yahoo’s Goldman defended the Internet pioneer’s strategy. Yahoo recently added four new independent directors to its board under pressure by activist investor Starboard Value. One question is whether Starboard will still push for a sale if reports prove accurate that bids are coming in lower than expected. The Wall Street Journal reported last week that Verizon or private equity firms might offer as little as $2 billion to $3 billion  for Yahoo, when analysts had been estimating bids in the$4 billion to $8 billion range. CNBC’s David Faber on Friday, in a tweet, declared that report “completely wrong.” Berkshire Hathaway ( BRKA ) Chairman Warren Buffet , a noted investor who generally stays away from tech companies, might back a group led by Quicken Loans founder Dan Gilbert, if it makes a bid. Yahoo stock was up 1% in early afternoon trading in the stock market today , near 37, while Verizon stock was down nearly 1%.

Online Lenders, Already in Turmoil, Face U.S. Call For New Rules

Marketplace lenders need to be more transparent about their business practices and should be subject to additional oversight from federal regulators, according to a U.S. Treasury study released just as the industry grapples with market turmoil and a scandal facing one of the biggest lenders. Online lenders need to develop a public database for tracking data on their loans, and companies that lend to small businesses in particular should be subject to federal consumer protection laws, the Treasury said in the report released Tuesday. “There is a clear need for greater transparency in the market for borrowers and investors,” U.S. Treasury Counselor Antonio Weiss said Tuesday in a call with reporters. He said Treasury recommends U.S. financial regulators form a group to examine oversight needs for the industry and figure out “where further regulatory clarity could benefit the market.” Marketplace lenders that match borrowers with investors willing to finance loans over the Internet are drawing attention from U.S. regulators amid an explosive growth of platforms that threaten to upend traditional business models. The scrutiny from agencies including Treasury, the Consumer Financial Protection Bureau and the Securities and Exchange Commission comes as firms such as OnDeck Capital ( ONDK ) and Prosper Marketplace Inc. grapple with sluggish returns, and as LendingClub ( LC ) is buffeted by the disclosure of improprieties that led to the resignation of its founder and chief executive officer on Monday. In its report, Treasury outlined six recommendations, including calling for online lenders to improve how transparent their products are to borrowers as well as investors and the need for them to employ consistent standards and disclosures. Prudential regulators, which would include agencies such as the Federal Deposit Insurance Corp., should evaluate partnerships that banks have with marketplace lenders to help identify risks, the report said. Online lenders should have better access to government-held data to help make credit decisions. As for small-business lending, Treasury is willing to “work with members of Congress to consider legislation that addresses both oversight and borrower protections.” The agency said that evidence indicates that small-business loans under $100,000 share common characteristics with consumer loans, yet do not enjoy the same consumer protections discussed earlier. The recommendations come 10 months after Treasury sought public comment on the marketplace lending industry to help government officials better understand the different business models and products being offered. A further goal of the process was to examine how the regulatory system should evolve to support “safe growth,” Weiss said in a speech last year. Treasury received more than 100 responses, including from some of the biggest marketplace lenders, bank lobbying groups and technology firms. Companies like LendingClub and Prosper began about a decade ago, often calling themselves “peer to peer” lenders because they sought to bypass banks by matching borrowers with wealthy individuals who wanted to fund them. As the industry has evolved, money managers, hedge funds and Wall Street firms have begun buying the debt, leading the upstarts to rebrand as “marketplace” lenders. The industry helped arrange more than $20 billion of loans in the U.S. last year, according to Morgan Stanley research. That figure could climb to more than $120 billion by the end of the decade, the bank said. As the industry has grown, so has the variety of platforms. There are sites that provide financing to small businesses, help people pay for medical procedures, consolidate credit card and student loan debt; and get money to open a franchise restaurant. The budding industry has also seen its share of growing pains. Companies including OnDeck and Prosper have had to slow down expansion plans as investors scaled back purchases of loans. OnDeck reduced its full-year revenue forecast earlier this month after reporting first-quarter losses more than doubled as loan sales fell. Shares of the company have declined 52% this year. On Monday, LendingClub said Renaud Laplanche would step down as CEO after an internal review found a failure to disclose a personal interest in an investment fund the company was considering investing in. The review also found that he was among managers who had knowledge of abuses that were tied to the sale of some loans. The company’s stock plummeted 35% on the news. As policymakers seek more information on the vast promise and potential risks of marketplace lending, the industry has been scrambling to organize itself in Washington. There are a growing number of groups and alliances taking shape, reflecting the industry’s diverse business models. In addition to joining together with peers, individual firms have also been tapping former regulators as board members and advisers. Marketplace lenders are obligated to follow state laws, but they don’t have a federal regulator supervising them like banks do. Some banking trade groups including the American Bankers Association and Consumer Bankers Association have said that’s not fair and called for regulators to “level the playing field.” Still, the relationship between traditional banks and startups is complicated. While many online lending firms set out to compete with banks, the two industries are increasingly becoming partners. For example, JPMorgan Chase ( JPM ) has partnered with OnDeck to use their technology to offer small-businesses loans to the bank’s customers. One of the themes that emerged from Treasury’s study is whether some rules prompted by the financial crisis should apply to marketplace lenders. As part of the Dodd-Frank Act, sponsors of asset-backed securities have to hold 5% of the credit risk on their own balance sheet. The rule — which goes into effect later this year — is designed to prevent a repeat of the 2008 mortgage crisis by requiring firms to have “skin in the game.” But it’s not clear whether this rule should apply to companies like LendingClub, which generates most of its revenue by matching borrowers to investors over the Internet, not by collecting interest on or selling loans. In its report, Treasury said that risk retention requirements apply “only to the securitizer in the securitization of marketplace lending notes, not to the originator selling the notes.”

Obama Fostering Uncertainty Over Smartphone Encryption Issue

The contentious issue over whether the U.S. government should be able to force tech companies to weaken security on their smartphones and software apps so that law enforcement agencies can access private data isn’t likely to be resolved soon. But it could be. All it would take is for President Barack Obama to make a statement supporting strong encryption on tech devices and Internet services. Obama holds himself up as a tech-savvy president, but his lack of leadership on the encryption issue has prolonged the dispute between the federal government and tech firms, tech groups and privacy advocates say. “The White House should be leading on this issue,” said Cindy Cohn, executive director of the Electronic Frontier Foundation (EFF). “President Obama is trying to be the best tech president ever. He’s got really good technical consultants, and the idea that he wouldn’t listen to them is shocking.” The tech industry is united in its call to keep encryption strong, saying that weakening software security or creating back doors for authorities to bypass privacy protections opens the door for hackers and criminals. “The math doesn’t change,” Cohn said. “The math is the problem that the FBI has, which is: They cannot build a back door that only they can use. It doesn’t matter which technical expert you bring to bear on it. … This isn’t controversial in the tech community.” The FBI has sought court orders in two criminal cases to try to compel Apple ( AAPL ) to unlock password-protected iPhones. In both cases, the FBI ultimately backed down when it found other ways to access data on the devices. One involved paying a third party to hack the phone, and the other was resolved when the phone’s owner provided the password. Encryption Petition Quickly Surpasses 100,000 Signatures Last September, EFF, Access Now, and a coalition of nonprofit and industry groups launched a public petition calling on President Obama to defend strong encryption and oppose back doors. They used the We The People API, Obama’s preferred petition tool, and quickly surpassed 100,000 signatures. Despite the White House’s pledge to respond to petitions with 100,000 signatures within 60 days, it has remained quiet and is now four months overdue in its response. But if Obama doesn’t support strong encryption for businesses and consumers, perhaps the next president will. On Wednesday, 13 U.S. tech industry groups representing companies such as Apple, Amazon.com ( AMZN ), Facebook ( FB ) and Uber Technologies urged the two presumptive major party presidential nominees to support strong commercial encryption. The encryption stance is among a list of tech industry requests made in an open letter to Democrat Hillary Clinton and Republican Donald Trump. The trade groups asked the candidates to strengthen cybersecurity and encourage other governments to do the same. The letter urged the candidates to recognize the importance of encryption as a critical security tool and to advance policies that enhance data privacy. Groups signing the letter included the Consumer Technology Association, the Business Software Alliance, the Internet Association and the Semiconductor Industry Association. The encryption issue made headlines earlier this year when the FBI secured a federal court order to force Apple to unlock a smartphone belonging to deceased San Bernardino, Calif., shooter Syed Farook. Apple fought the order, saying it would set a dangerous precedent. To help educate the public, Apple CEO Tim Cook stepped up to become the face of consumer data security. He gave high-profile media interviews and made public statements about the importance of strong encryption. Apple’s fight to protect its encryption is about securing the data on all iPhones in use from bad guys, Cook said. That means securing customers’ data, including financial and health information, confidential business documents, private communications and photos. The FBI might have retreated in the cases of the San Bernardino terrorist and a Brooklyn drug dealer, but it is likely to pursue similar cases against tech companies in the future. Unless the White House tells it not to. Meanwhile, law enforcement supporters on Capitol Hill are crafting legislation that could force tech companies to comply with all law enforcement demands for customer data. Sens. Richard Burr, R-N.C., and Dianne Feinstein, D-Calif., have proposed the “Compliance With Court Orders Act of 2016.” As drafted, the legislation would require any individual or company to comply with any U.S. court order and hand over data to authorities, including data that is encrypted. The bill has been roundly criticized by civil liberties and digital privacy groups. No Encryption Bill Expected Until After Elections “I don’t think anything will happen in this session of Congress,” said Gary Shapiro, president of the the Consumer Technology Association. Political gridlock, especially during an election year, will ensure that no encryption bill is passed in Congress, he said. It is more likely that a court case will work its way up to the Supreme Court over the next couple of years, he said. Even if the FBI gets what it wants from the courts or Congress, the law would only be enforceable in the U.S. Foreign companies and their encrypted products would be unaffected, putting U.S. tech firms at a competitive disadvantage, Shapiro said. Public support for encryption is growing, especially in light of major data breaches at companies like Anthem ( ANTM ), eBay ( EBAY ), Home Depot ( HD ), JPMorgan Chase ( JPM ) and Target ( TGT ), as well as at government agencies, Cohn said. “We don’t live in a world where computer security is abstract and the damages and problems it causes for people are something that’s theoretical anymore,” Cohn said. “I think it strikes a lot of people as absurd that the government is engaging in trying to attack our security and undermine it and convince companies to give less of it when it should be their job to promote it.” Weakening security on mobile devices and software, says Shapiro, would destroy the confidence people have in businesses to keep their private data secure.