Sep
28

Elon Musk reportedly blew up a settlement with the SEC at the eleventh hour

Elon Musk agreed on a settlement with the Securities and Exchange Commission (SEC), but walked away from the deal at the eleventh hour last week.

That's according to a report in The Wall Street Journal, which said the SEC was on the brink of filing the settlement, only for Musk to blow it up at the last minute.

That chain of events led to the SEC announcing on Thursday that it was suing Musk on charges he made "false and misleading statements" in tweets claiming he could take the company private.

The Journal said the SEC had "crafted" the settlement with Musk. It was preparing to file the agreement on Thursday last week, but then Musk's lawyers called to spike the deal. The SEC then hastily pulled together a lawsuit.

The SEC is suing the Tesla CEO for his now infamous "funding secured" tweet from August 7, which purported he was taking Tesla private at $420 a share. The SEC said Musk knew such a deal was never on the table. He announced on August 25 that Tesla would remain public.

In its claims for relief, the SEC recommended that Musk pay a penalty and that he be "prohibited from acting as an officer or director" of a public company.

Musk said he was "deeply saddened" by the lawsuit. In a statement, the Tesla CEO said: "The unjustified action from the SEC leaves me deeply saddened and disappointed. I have always taken action in the best interest of the truth, transparency and investors. Integrity is the most important value in my life and the facts show I have never compromised this in any way."

Business Insider contacted the SEC for comment. A Tesla spokeswoman said: "Tesla and the board of directors are fully confident in Elon, his integrity, and his leadership of the company, which has resulted in the most successful US auto company in over a century. Our focus remains on the continued ramp of Model 3 production and delivering for our customers, shareholders and employees."

The SEC lawsuit caused Tesla's stock to dip by as much as 11% in after-hours trading.

Original author: Isobel Asher Hamilton

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Sep
28

10 things in tech you need to know today

Musk's marijuana joke might prove expensive. Joe Rogan Experience/YouTube

Good morning! This is the tech news you need to know this Friday.

The US Securities and Exchange Commission is suing Tesla chief executive Elon Musk for making "false and misleading statements." Specifically, the SEC said Musk didn't truly have a deal to take Tesla private, as he claimed in an August tweet. Current and former Facebookers piled into the debate about how the company treats acquisitions, after WhatsApp cofounder Brian Acton dunked on the firm in a tell-all interview. Several entrepreneurs whose firms were acquired by Facebook were unsympathetic to Acton, suggesting he had sold out. Masayoshi Son, CEO of SoftBank, has said the company plans to raise another $100 billion fund to invest in startups every few years. He told Bloomberg he plans to spend around $50 billion a year betting on startups. WikiLeaks has appointed a new editor-in-chief because the incumbent, Julian Assange, is incommunicado in the Ecuadorean embassy in London. WikiLeaks announced that Kristinn Hrafnsson will be the new editor-in-chief of the organization. Social media analysis shows that Russian Twitter accounts pushed an online boycott against Nike products, after the sportswear firm revealed its Colin Kaepernick advert. According to Wired, some of the tweets, which received widespread media coverage, showed people burning or destroying Nike products. Chinese startup Bytedance is reportedly raising new funding at a mega valuation of $75 billion. The deal, thought to be led by backers including SoftBank, would make the firm one of the most valuable startups in the world. LG's Korean YouTube channel and press site released a video and a press release on Thursday teasing the LG V40 ThinQ: a smartphone that comes with a total of five cameras, compared to the usual two or three. The video doesn't reveal the function of each lens. Tesla's share price cratered after news that the SEC plans to sue CEO Elon Musk. Telsa shares sank by as much as 11% in after-hours trading on the news. There's a new season of the hit game "Fortnite" out, titled "Darkness Rises." The season 6 update adds new locations to the map, including a floating island, a haunted castle, corrupted areas, and corn fields. Some people are saying Apple's new iPhone selfie camera automatically smooths their skin in photos, and they're calling it 'beautygate.' According to iPhone XS owners, the phone's front camera smooths out their skin much like cameras on Asian phones.

Have an Amazon Alexa device? Now you can hear 10 Things in Tech each morning. Just search for "Business Insider" in your Alexa's flash briefing settings.

Original author: Shona Ghosh

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Jun
29

How $20 billion health care behemoth Blue Shield of California sees startups

Facebook has never been a paragon for protecting privacy — quite the opposite, in fact.

But we just got another revealing glimpse at how far it's willing to go to glean information about you that it and its advertising partners can use to target you with ads. And, yet again — for the umpteenth time — the company comes across looking sleazy.

It turns out that Facebook has turned some security features into data-grabbing, ad-selling opportunities. The company takes phone numbers provided by customers for its two-factor authentication system and for sending customers alerts about new log-ins to their account and uses them to target users with ads, as Gizmodo reported this week.

In other words, Facebook is engaged in a bait-and-switch. It's taking information that users provide it for the purpose of helping make their accounts more secure and using it to violate their privacy — without being entirely clear to users what it's doing.

"Users may naturally provide this data with only security purposes in mind; if used for advertising, this may significantly violate a user's privacy expectations," a group of professors, three of which hail from Northeastern University, said in their understated way in the research paper on which Gizmodo based its report.

Facebook also targets users based on data they can't control

But that's not the only way that Facebook is garnering information about users surreptitiously and using it for advertising purposes, according to the professors' report. Facebook also targets users with ads based on personal contact information even when they themselves don't provide that information, according to the paper. That happens when their phone numbers or email addresses are included in the address books uploaded by other users.

Chris Wylie blew the whistle on Cambridge Analytica's collection and use of data harvested from up to 87 million Facebook users. Neil P. Mockford/Getty Images Those contact details could be ones that users purposefully didn't share with Facebook. What's worse, Facebook keeps hidden from users who provided that information or what it is — or bar its use. Additionally, the company was able to target users with ads using such information even when users had their privacy settings configured to the highest level.

"The target user in this scenario was provided no information about or control over how this phone number was used to target them with ads," the professors wrote in their report.

Facebook representatives did not return an email seeking comment. But the company did not dispute the paper's findings, Gizmodo reported.

"We use the information people provide to offer a more personalized experience, including showing more relevant ads," a company spokeswoman told Facebook.

The spokeswoman added that in the case of two-factor authentication, users can now configure it without using their phone number. The reason the company bars people from seeing and controlling information shared about them by other users is because it considers that information to be owned by those other users.

"People own their address books," the spokeswoman told Gizmodo.

Facebook has a poor history when it comes to users' privacy

That's a very convenient answer for Facebook. It means that even if users are trying to protect their private information from the company or advertisers, that information can be exposed without their say or knowledge. That's great for Facebook and its advertisers, but bad for users' privacy.

But at this point, we should probably expect such practices from Facebook. The company's business, after all, revolves around collecting as much data as possible from users and using that information to target them with advertisements. It's repeatedly pushed users to share more and more personal information and frequently hasn't been completely upfront about what it's collecting or what's being done with that information.

Don't just trust me on that. That's what the Federal Trade Commission found when it issued a consent decree against the company in 2012. Thanks to the Cambridge Analytica scandal this spring, the company is now under investigation for violating that decree.

In the wake of that scandal, Facebook made an effort to demonstrate that it's now serious — really serious — about protecting users' privacy. It's made a big show about giving users more tools to control who can see their private information and clamping down on developers who previously had access to that data.

But these latest revelations indicate that these efforts are largely just that — a show. Facebook is what it's always been, a data harvesting, ad targeting machine. And its post-Cambridge Analytica privacy epiphany hasn't changed that.

Original author: Troy Wolverton

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Jun
29

One week only: Score 4th of July discounts on Disrupt 2020 passes

The Securities and Exchange Commission is suing Elon Musk for fraud. If he loses the lawsuit, he could be out as Tesla's CEO.

Tesla shares tanked over 10% on the news in after-hours trading, after finishing the day down slightly and up about 7% for the week thus far.

Friday is likely to bring carnage. If the stock dips below $250, look out below.

In a statement provided to Business Insider's Mark Matousek, Musk pushed back against the charge he delivered false statements and harmed investors when he tweeted earlier this year that he had the funding in place to take Tesla private at $420 per share.

"Integrity is the most important value in my life and the facts will show I never compromised this in any way," he said.

Turn the clock back to May

Musk is also CEO of SpaceX. John Raoux/AP Images

The SEC allegations are the culmination of a summer of near-constant insanity around Tesla. The company was already under a lot of pressure — and being investigated by the SEC for other statements and claims — back in May when it reported a predictable, yet smaller, loss than analysts expected.

Shares actually traded up briefly in after-hours action, until Musk flipped out in response to questions from two analysts on a conference call. The stock was immediately crushed.

In 2017, Tesla shares had pushed toward $400, but in 2018 they'd been sliding in the first quarter. Absent Musk's comments, however, it looked as if the markets might take a wait-and-see attitude toward the company in the second and third quarters, as the carmaker worked out its May production issues with its Model 3 sedan.

But that did happen, and Q1 earnings were simply round one.

Round two arrived with second-quarter earnings in early August. Another big loss, but Tesla's revenues were starting to look like they might be poised for a takeoff; shares gained strength.

Then came the now-infamous and perhaps ruinous "take private" tweet, about a week later. The stock took off, but then declined again as it became apparent that Musk's goal to enlist the Saudi sovereign wealth fund and existing Tesla investors in the plan lacked substance. The whole thing was subsequently called off after Musk consulted with the Tesla board.

Musk also accused a diver involved with the Thai cave rescue of a youth soccer team of being a pedophile and he smoked pot on a podcast.

Tesla's summer of discontent

SpaceX's Falcon Heavy launch. Joe Raedle/Getty Images

If you weren't exhausted by this point, you should have been. Meanwhile, before Thursday's SEC lawsuit news broke, Tesla's stock price was roughly back where it began in May, before the hot summer of madness broke out.

Arguably, if Musk and Tesla had done nothing but make and sell cars all summer, shares could have a been a bit higher.

But obviously Musk didn't do nothing, and now the SEC could ban him from ever being a public company CEO again.

I emphasize could because the SEC has at this point just charged Musk and detailed the relief it's seeking. We're also dealing with tweets here, and as far as I know, this is the first instance of the SEC using the platform as a key part of a fraud allegation.

But Musk's CEO status matters because in addition to Tesla, he's CEO of SpaceX, which pre-IPO could be worth as much, or more than, Tesla.

I haven't even gotten to the earliest part of year and SpaceX's successful launch of the Falcon Heavy rocket, with Musk's own Tesla Roadster as the payload. That was February, and all those months ago Musk looked like the most visionary businessperson in human history.

An investment in Tesla has always been an investment in Musk, so the SEC allegations are serious. He doesn't run the company so much as chart its destiny — and until Thursday, that destiny had become worth $50 billion. Musk's own skin in the game is 20%.

The rest of the year is going be a rough ride for Tesla and Musk. That's unfortunate, as the third quarter could have lived up to Musk's promises to be the company's best ever, in terms of vehicle deliveries.

Did all of this have to happen? Clearly not. But it did. And Musk has himself to blame.

Original author: Matthew DeBord

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Sep
27

A former SEC chairman outlined the worst case scenario for Elon Musk now that the SEC has sued him (TSLA)

The former SEC chairman Harvey Pitt told Business Insider in August that Tesla CEO Elon Musk could be banned from serving as an officer or director of a public company after reports that the agency was investigating his comments about taking Tesla private.

The SEC filed a lawsuit against Musk on Thursday, alleging that his comments were "false and misleading." The agency also said in the lawsuit that it seeks to bar Musk from being an officer or director of a public company.

On August 7, Musk said that he had "funding secured" to convert Tesla into a private company at $420 per share and only needed a shareholder vote to confirm a go-private deal. In its lawsuit, the SEC alleges that Musk had not acquired the necessary funding or even discussed the terms he mentioned with any potential funding sources.

According to Pitt, mentioning the possibility of taking Tesla private on Twitter, while ill-advised, would not trouble regulators. Instead, it was the tweet's final two words, "funding secured," that had the potential to create problems.

"'Funding secured' is a very strong term, and it has legal consequences," Pitt said.

But the SEC's lawsuit is not the only potential threat to Musk. Bloomberg reported earlier this month that the Department of Justice has opened an inquiry into Tesla, an action that could ultimately result in a prison sentence for Musk. For Musk to serve jail time, it would have to be proven that he committed a crime beyond a reasonable doubt, Pitt said.

Pitt reiterated the risks Musk faces on Thursday in an interview with CNBC's Closing Bell.

"He can face a number of penalties ... he can have fines imposed against him, he can effectively be barred for a period of time or permanently from serving as a principal officer or a director of a public company," he said.

Have a Tesla news tip? Contact this reporter at This email address is being protected from spambots. You need JavaScript enabled to view it..

Original author: Mark Matousek

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Sep
27

Azealia Banks wants to work with Grimes to create the soundtrack to Elon Musk's SEC 'funding secured' investigation (TSLA)

Rapper Azealia Banks wants to make the soundtrack for Elon Musk's SEC investigation.

On Thursday, the Securities and Exchange Commission filed a lawsuit against Tesla founder and CEO Elon Musk. The suit accuses Musk of false or misleading statements about taking Tesla private at $420 per share.

Since August, Banks has been an unexpectedly linked to Musk as the Tesla CEO has come under public scrutiny. Now, Banks wants to create the soundtrack to the investigation with Grimes, Musk's one-time girlfriend, as a new twist emerges.

"Grimes and I need to finish our song and make the soundtrack to this investigation," Banks said in a direct message on Twitter to Business Insider. "Music is powerful and the songs we started on were clutch."

In mid-August, Musk set off a dramatic sequence of events for Tesla when he tweeted that he was taking the company private. In the complaint filed on Thursday, the SEC said that these tweets sparked an investigation into Musk making misleading statements.

Soon after Musk's tweets about taking Tesla public, Banks stayed at one of Musk's Los Angeles properties for a weekend, after Grimes invited her to collaborate on music.

Banks told Business Insider she saw Musk "scrounging for investors," despite the CEO claiming he had funding secured to take Tesla private. She also provided texts between herself and Grimes, in which the singer said: "he got into weed cuz of me and he's super entertained by 420 so when he decided to take the stock private he calculated it was worth 419$ so he rounded up to 420 for a laugh and now the sec is investigating him for fraud."

The texts are echoed by the SEC complaint, which states: "Musk stated that he rounded the price up to $420 because he had recently learned about the number's significance in marijuana culture and thought his girlfriend 'would find it funny, which admittedly is not a great reason to pick a price.'"

After Banks' social media claims gained widespread media attention, Musk deleted his Instagram and unfollowed Grimes on Twitter. Musk refollowed Grimes in mid-September, but as of Thursday, he does not follow the singer on Twitter.

Grimes' representatives did not immediately respond to Business Insider's request for comment.

Musk said in a statement that the SEC's actions have left him "deeply saddened and disappointed."

"I have always taken action in the best interests of truth, transparency and investors," Musk said. "Integrity is the most important value in my life and the facts will show I never compromised this in any way."

If you have a story to share about Tesla or Elon Musk, email This email address is being protected from spambots. You need JavaScript enabled to view it..

Original author: Kate Taylor

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Sep
27

'It's just another choice': An Amazon exec explains why its new store looks just like the website (AMZN)

Amazon's new store concept has landed.

Called Amazon 4-star, the new concept will only stock items that customers have rated four stars or above, on average. That means it will include only the best of the best; Amazon says the current product assortment averages 4.4 stars.

It opened in Manhattan's SoHo neighborhood on Thursday and has already made quite the splash.

The store essentially uses the same format as the brand's Amazon Books store, which has expanded to 17 locations. This time, though, Amazon is selling items from all categories, including toys and games, home and kitchen, and yes, books. Amazon 4-star uses the same customer reviews as Amazon Books and the same cashless checkout process.

The hook to bring customers in, according to Amazon's director of stores, Mariana Garavaglia, is the fact that everything the store carries has already been vetted by shoppers' reviews on Amazon.com. In that way, it is "built by customers."

Amazon 4-star is "all about discovering great products from our most popular categories in a different way versus what you might do online," Garavaglia said. "It's just another choice."

In reality, that means the store is a reflection of Amazon.com in the physical world.

"The store is a perfect brick-and-mortar manifestation of the Amazon online-shopping experience ... there is a collection of bestsellers, but the shopping experience still feels somewhat overwhelming," Simeon A. Siegel, an analyst at Nomura Instinet, wrote in a note to investors.

That means it's targeting the same Amazon shopper — just in a new space — with a curated but varied assortment.

That contrasts with Amazon's other physical stores, which are targeted at specific audiences: grocery shoppers (Whole Foods), convenience-store shoppers (Amazon Go), and book shoppers (Amazon Books).

The offering of somewhat chaotic curation may still be appealing, though, according to Sucharita Kodali, a VP and principal analyst at Forrester.

"People like curated selections, especially male shoppers, and this concept helps them expand beyond books," Kodali said in an email to Business Insider. "My only question is that there are a lot of crappy Chinese products with fake 5-star reviews on Amazon. Hopefully the store doesn't have any of those."

Original author: Dennis Green

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Jun
29

How to change your Epic Games account password or reset it if you've forgotten it

Amazon just opened a new store concept called Amazon 4-star.

The store, located in Manhattan's SoHo neighborhood, will feature products that Amazon customers have rated four stars and above, as well as products that the website's data shows are trending and are on wish lists.

The store is divided into similar sections as on Amazon's website, carrying a wide range of products from devices and electronics to toys, games, books, home decor, and gifts. It also has displays of locally trending products, product bundles, and the highest-rated products.

This isn't Amazon's first physical store — it has been expanding its Amazon Books and Amazon Go stores. 4-star, however, is the first of its kind.

Prices at the store are displayed on digital price tags, with lower prices listed for Prime members. Some products were only $3-4 cheaper for Prime members, while others were half the price for Prime members. Reviews from Amazon customers were also displayed by products.

Here's what it's like to shop there:

Original author: Jessica Tyler

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Sep
27

Elon Musk responds to SEC's lawsuit, says he's 'deeply saddened and disappointed' (TSLA)

Tesla CEO Elon Musk said he is "deeply saddened and disappointed" by the Securities and Exchange Commission's lawsuit against him in a company statement to Business Insider.

"This unjustified action by the SEC leaves me deeply saddened and disappointed. I have always taken action in the best interests of truth, transparency and investors. Integrity is the most important value in my life and the facts will show I never compromised this in any way," Musk said.

The SEC filed a lawsuit against Musk on Thursday, alleging that Musk made "false and misleading statements" in August about taking the automaker private. The agency said in the lawsuit that it seeks to bar Musk from being an officer or director of a public company.

On August 7, Musk said that he had "funding secured" to convert Tesla into a private company at $420 per share and only needed a shareholder vote to confirm a go-private deal. In its lawsuit, the SEC alleges that Musk had not acquired the necessary funding or even discussed the terms he mentioned with any potential funding sources.

Have a Tesla news tip? Contact this reporter at This email address is being protected from spambots. You need JavaScript enabled to view it..

Original author: Mark Matousek

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Jun
29

Tesla celebrates its 10th year as a public company today. Here are the most important moments in its history. (TSLA)

Tesla CEO Elon Musk has been named as the sole defendant in a lawsuit filed by the United States Securities and Exchange Commision on Thursday.

The suit, filed with the US District Court for the Southern District of New York, is centered around a "series of false and misleading statements" made by Elon Musk.

Tesla was not named as a party in the complaint.

The SEC alleges that Musk "falsely indicated" on Twitter that "funding was secured" for a deal to take the company private at $420, which was more than 20% higher than the company's trading price at the time.

"In truth and in fact, Musk had not even discussed, much less confirmed, key deal terms, including price, with any potential funding source," the SEC said in the complaint.

According to the SEC, these statements and omissions "caused significant confusion and disruption in the market for Tesla's stock and resulting harm to investors."

Tesla's stock price and trading volume skyrocketed in the wake of Musk's tweets.

The SEC's complaint points to four specific tweets by Musk.

The first tweet in question was posted by Musk at 12:48 p.m. on August 7, stating: "Am considering taking Tesla private at $420. Funding secured."

Over the next few hours, Musk followed up by posting three more tweets containing what the SEC calls "additional materially false and misleading statements."

At 2:00 p.m., the Tesla CEO tweeted "My hope is *all* current investors remain with Tesla even if we're private. Would create special purpose fund enabling anyone to stay with Tesla. Already do this with Fidelity's SpaceX investment."

At 2:13 p.m., Musk followed with: "Shareholders could either to sell at 420 or hold shares & go private."

At 3:36 p.m., Musk tweeted, "Investor support is confirmed. Only reason why this is not certain is that it's contingent on a shareholder vote."

"This unjustified action by the SEC leaves me deeply saddened and disappointed," Elon Musk said in a statement to Business Insider on Thursday. "I have always taken action in the best interests of truth, transparency and investors. Integrity is the most important value in my life and the facts will show I never compromised this in any way."

Have a Tesla news tip? Contact this reporter at This email address is being protected from spambots. You need JavaScript enabled to view it..

Original author: Benjamin Zhang

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Sep
27

The SEC alleges that Elon Musk's $420 price point was a weed reference to amuse his girlfriend (TSLA)

The Securities and Exchange Commission is suing Tesla founder and CEO Elon Musk.

The suit accuses Musk of false or misleading statements about taking Tesla private at $420 per share. As part of the filing, the SEC reveals what Musk says his reasoning was for the exact price point.

The filing says that Musk claims he calculated the $420 price point based on a 20% premium on the day's closing share price, which resulted in a price of $419.

"Musk stated that he rounded the price up to $420 because he had recently learned about the number's significance in marijuana culture and thought his girlfriend 'would find it funny, which admittedly is not a great reason to pick a price,'" the filing reads.

Azealia Banks shared this message between herself and what appears to be Grimes on Instagram in August. Kate Taylor

Musk's claims are in line with a series of text messages shared by rapper Azealia Banks on Instagram and in communication with Business Insider in August.

Banks had stayed in one of Musk's properties the weekend after he tweeted his plans to take Tesla private. While the pair only briefly interacted (Banks had been planning to collaborate with Musk's girlfriend, indie pop musician Grimes), she told Business Insider she saw the CEO "scrounging for investors."

In the texts with Grimes, which Banks posted on her Instagram story in August, Musk's girlfriend appears to state: "he got into weed cuz of me and he's super entertained by 420 so when he decided to take the stock private he calculated it was worth 419$ so he rounded up to 420 for a laugh and now the sec is investigating him for fraud."

Banks did not immediately respond to Business Insider's request for a follow-up comment, but tweeted that she is "really scared" for Musk following the news of the investigation. Grimes' representatives did not immediately respond to a request for comment.

The SEC investigation aims to bar Musk from leading a public company, due in part to false and misleading claims made on Twitter.

"Musk knew or was reckless in not knowing that each of these statements was false and/or misleading because he did not have an adequate basis in fact for his assertions," the complaint states.

Musk said in a statement that the SEC's actions have left him "deeply saddened and disappointed."

"I have always taken action in the best interests of truth, transparency and investors," Musk said. "Integrity is the most important value in my life and the facts will show I never compromised this in any way."

If you have a story to share about Tesla or Elon Musk, email This email address is being protected from spambots. You need JavaScript enabled to view it..

Original author: Kate Taylor

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Sep
27

2 of Amazon's businesses are going to boost its stock by another 25%, analyst says (AMZN)

Devitt added that store closures in the US are continuing at a rapid pace, but consumer sentiment and employment rates are near an 18-year peak, which should benefit its e-commerce business. Meanwhile, Amazon is investing in a number of initiatives, including Prime and further capturing offline retail opportunities, such as acquiring Whole Foods and updating its Amazon Go features. All show that Amazon will grab more market share in the retail space, according to Devitt.

"We support where Amazon's investment dollars are focused as we believe this better positions the company for continued market share gains and opportunity for greater margin expansion once the company emerges from the current investment cycle," Devitt said.

Amazon posted $11.6 billion of revenue from cloud business for the six month ended in June, up 49% from last year. By Devitt's calculation, global public cloud spending is expected to grow 18% in the next three years, and Amazon's cloud business will grow 42% in the same period — more than two times faster than the overall market. 

"We expect continued market share gains from Amazon’s cloud business driven by increased adoption among larger enterprises and the public sector, wallet share gains from existing customers, and ongoing product innovation,"  Devitt said. 

On Thursday, Amazon opened a new concept store called Amazon 4-Star, in Manhattan's SoHo neighborhood. The store only sells items that customers have rated four stars and above, as well as products that the website's data shows are trending and on customers' wish lists.

Amazon shares gained almost 2% on Thursday. They're up 70% this year.

Now read:

Markets Insider

Original author: Ethel Jiang

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Sep
27

Federal prosecutors investigating shady media-buying practices in the ad industry have reportedly begun issuing subpoenas

Federal prosecutors investigating media-buying practices in the ad industry have begun issuing subpoenas as part of the probe, the Wall Street Journal reported Thursday, citing people familiar with the matter.

The investigation, which was first reported by trade magazine Campaign in June, involves the FBI examining the ad industry's media-buying practices including agencies receiving rebates from media outlets.

One ad agency under scrutiny in the investigation is media conglomerate Vivendi-owned Havas, according to the Journal. A spokeswoman for Omnicom told the Journal that the firm hasn't received a subpoena from federal prosecutors.

The issue of non-transparent media buying has been thrust into the spotlight since 2016, when a bombshell report by the Association of National Advertisers (ANA) revealed that rebates and other non-transparent practices were "pervasive" in the US.

The report didn't name any specific media agencies, and most of them shrugged and broadly denied wrongdoing when it was released.

Rebates, bonuses and discounts are a common business practice in some parts of the world, including Europe, China and Brazil, but haven't historically been a part of US deals.

Business Insider reached out to a Havas representative for comment but had not heard back at the time of publication.

Meanwhile, media agencies continue to face tremendous pressure as their business models come under threat with many clients including consumer packaged goods giant P&G pushing for greater transparency and cutting back on ad fees. Several brands have even started to take ad processes in-house.

Original author: Tanya Dua

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Sep
27

Tesla plunges after the SEC sues Elon Musk over tweets (TSLA)

James Glover / Reuters

Telsa shares sank by as much as 11% in after-hours trading on news that the Securities and Exchange Commission sued Elon Musk. The suit alleged Musk falsely claimed on Twitter that he had secured funding to take the electric-car maker private. In a company statement after the tweet, Musk said Saudi Arabia's sovereign wealth fund, which recently invested in the company, had brought up taking Tesla private multiple times for almost two years.Watch Tesla trade in real time here.

Tesla shares fell by as much as 11% in after-hours trading Thursday following news that the Securities and Exchange Commission had sued Elon Musk.

Bloomberg earlier reported that Musk, the electric-car maker's CEO, was facing a criminal probe over his tweet in August that he was considering taking the company private and had secured funding. 

The suit alleged that Musk falsely claimed he could take the company private, Bloomberg reported. It alleged that Musk made false and "reckless" statements, and sought undetermined civil penalties against Musk, the report said.  

In a company statement after the tweet, Musk said Saudi Arabia's sovereign wealth fund had brought up taking Tesla private multiple times for almost two years. The fund recently bought a 5% stake in Tesla. Musk said he met with the fund's managing director on July 31 and left that meeting confident that a deal to take Tesla private would close.

Markets Insider

Original author: Akin Oyedele

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Sep
27

Another Tesla exec has left the company. Here are all the key names who have departed this year. (TSLA)

Tesla has seen a lot of executives leave this year.

As the company has faced production issues, concerns about its financial health, a reported investigation from the SEC, and questions about the decision-making of CEO Elon Musk, departures from senior employees have only added to the impression of instability.

Five senior employees appear to have left the company this month alone: senior director of production and quality Antoin Abou-Haydar, head of human resources Gabrielle Toledano, chief accountant Dave Morton, head of communications Sarah O'Brien (her departure was announced in August, but her final day at the company was September 7, according to Bloomberg), and vice president of global supply management Liam O'Connor.

These are the key names who have left Tesla in 2018, when they left, and where they went next (according to their LinkedIn pages or company announcements):

Have a Tesla news tip? Contact this reporter at This email address is being protected from spambots. You need JavaScript enabled to view it..

Original author: Mark Matousek

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Sep
26

10 things in tech you need to know today

Teerawit Chankowet / Shutterstock

Good morning! This is the tech news you need to know this Wednesday.

The departure of Instagram's founders from Facebook follows a history of clashes between the two companies. Instagram insiders felt like they were losing autonomy after Facebook pushed for greater integration.

Qualcomm accused Apple of stealing its secrets and giving them to its top rival. In a filing on Tuesday, Qualcomm said that it saw evidence in discovery that Apple took its trade secrets, including code, and gave it to Intel engineers to help them develop a replacement chip for iPhones.

Google has named a new chief privacy officer who will testify before the US Senate today. Keith Enright will discuss privacy legislation with senators. Cody Wilson, the 3D printed gun advocate, has quit his company after he was charged with sexual assault. Defense Distributed said it would continue without its founder. Amazon has started paying its warehouse workers more money after repeated attacks on how little it pays. The raises were generally between 2-4% and amounted to about 25 to 55 more cents an hour. The original founders and ex-employees of blood testing startup Telomere Diagnostics say its health test is flawed. One former employee raised doubts about how clean Telomere Diagnostics' labs were. Tesla is building its own car carriers, as the electric carmaker faces vehicle distribution problems. The company is upgrading its logistics system but running into an "extreme" shortage of car carrier trailers, Chief Executive Elon Musk tweeted on Monday. Square's stock could go up another 45% this year, according to an investment note sent by Nomura. The firm raised its price target to $125 from $86, citing not only better financials and valuation, but also the fact that its Cash App has over 1 million more downloads than competing Venmo. Roku announced three additions to its lineup of streaming devices: the Roku Premiere, Premiere Plus, and Ultra. Each device supports 4K streaming. Tinder has been testing a new feature called "My Move" that lets women message a match first before allowing men to message them. The feature is a copycat of rival app Bumble, which is based on women making the first move.

Have an Amazon Alexa device? Now you can hear 10 Things in Tech each morning. Just search for "Business Insider" in your Alexa's flash briefing settings.

Original author: Shona Ghosh

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Sep
26

Everyone is trying to figure out how to service the marketers of the future — this former ad agency bigwig says he already nailed it 3 years ago

With the current ad agency model under attack from various fronts, it's hard to predict what exactly the industry will look like once the dust settles. There's no shortage of 'agencies are dead' proclamations or would-be saviors promising revolutionary new business models.

Former Havas chief David Jones believes that his "brand tech" company You & Mr Jones has figured out what marketers of the future need in a data and tech dominated world — and that he's got a huge head start on the competition.

The company was formed in 2015, raising $350 million to leverage technology to help build brands. Since then, it has acquired five technology companies, invested in 21 and launched two start-ups — all in a bid to bring marketers and technology closer together.

Right. So what is a brand tech company exactly?

You & Mr Jones is seeking to offer a new take on the full-service ad agency model — via which marketers got everything they need (producing ads, buying ad space, overall strategy) from a single firm.

In this case, You & Mr Jones essentially plays middleman between brands and technology companies — companies that specialize in things modern brands increasingly need content creation, brand strategy, chatbots, artificial intelligence and data and analytics among others (things that traditional ad agencies haven't been focused on).

The idea is to make brands self-sufficient and cutting edge, connecting marketers with startups at an early stage and helping them with their content and tech strategies at a time when a lot of them are moving toward moving many of those functions in-house — without actually making their ads for them.

"We didn't set out to compete within the advertising industry, we set out to disrupt marketing using technology," he said. "And if we get it right, there will be a new sector or a new industry."

There's now doubt the ad industry is going through seismic shifts

Three years afterJones set out on his new journey, the industry has only been rocked by more massive change. Some of the biggest brands are publicly criticizing traditional agency models, holding company stocks are getting clobbered and marketers are increasingly looking to cut out middlemen across he board.

What's more, new players are entering the field, promising that they can helping brands navigate the current landscape on the back of digital content and data analytics.

Former WPP chief Sir Martin Sorrell's latest venture s4 Capital is the latest example, promising to make marketing better, faster and cheaper with better application of tech. Jones sees Sorrell's move as a validation of his earlier theory.

"For me, the biggest proof of this working was when you had the guy who created the biggest holding company in the world saying that he was launching a new digital version of that because they don't have a future," Jones told Business Insider. "Imitation, after all, is the best form of flattery."

As a result, the momentum has only been accelerating for You & Mr Jones, with the company seeing 60% organic growth last month, according to Jones.

The industry's existential crisis is working in is favor, Jones believes.

"You probably can't find a major global client today who would tell you that they're happy with what they've got and it's all sorted," said Jones.

"You've got all the holding companies tanking, and you've got the biggest clients in the world publicly saying we don't want that model anymore."

You & Mr Jones is like a mini venture capital firm for brands and technology

While the traditional holding companies are great at brand-building and advertising, they are often less skilled when it comes to building tech products, says Jones. On the other hand, giant tech platforms are less verse in brand building. That's where You & Mr Jones fits in, according to Jones.

"The core advantage of You & Mr Jones is that we combine, in one group, both expertise in technology and expertise in branding," he said.

To ensure tech expertise, You & Mr Jones has invested in AI, blockchain and AR across companies including Niantic, Pinterest, Automat, Jivox and Pixlee among others.

It has 11 partners with years of agency experience in the center, who meet with as many as 20 new companies at the intersection of brand-building and technology a week.

"This gives us and our clients unique insight into where technology and marketing technology is headed, way beyond the narrow realm of just 'communications," he said.

Take Niantic, the company behind the AR game Pokémon GO, which Jones believes is the perfect proof- point of brand-tech. In Japan, McDonald's was embedded in the game for just a few days, and sales sales went up 27% for the month.

"This is exactly what brand-tech is," said Jones. "It is the ability to drive growth for a brand using technology in completely different ways."

"Experience has been a focal point of brands and CMOs looking to drive growth beyond conventional advertising and marketing," said Forrester analyst Jay Pattissal. "So firms like You & Mr Jones have an opportunity to drive direct relationships with brands, in the same way Google, Adobe and Amazon do."

The company wants to create a whole new industry

Jones believes the ad agency business is on the precipice of a complete reinvention with five or 10 companies emerging to form a new category of marketing technology holding companies. In fact, he believes that recent events prove his hypothesis.

"There will be companies like S4 within that, and there'll be companies like Stagwell within that and I'm sure new ones who come along," he said. "I maybe didn't envisage that Martin Sorrell will be launching one of those competitors, but we have always believed that this is what clients want and need."

But Jones maintains that You & Mr Jones has an edge, because it operates without the constraints of a fund and also works directly with brands apart from its investments. He wants marketers to think like startups, not giant incumbents.

"Airbnb didn't get up and say 'we want to compete with hotels,' they used technology to do something new, and Lyft and Uber didn't say 'we're going to screw the yellow taxis.'"

Original author: Tanya Dua

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Sep
26

A controversy over Chrome's new login requirements forces Google to make changes (GOOG, GOOGL)

Google on Tuesday seemed to go out of its way to squash a controversy over recent changes to the popular Chrome browser.

On Sunday, Matthew Green, a security researcher and professor at Johns Hopkins, revealed that Google had quietly started automatically logging in Chrome users. Anytime someone signed on to one of Google's properties, such as Gmail or Google Drive, they would be automatically be logged into their Chrome accounts as well.

Green said that he and many others had chosen not to sign in as a added layer of protection from accidentally sharing their browser histories with Google.

Before the recent change, users had to take two steps in order to turn their browser data over to Google. They needed to sign in, and then agree to sync their info. If users were automatically signed in by Google, one of those steps disappeared.

Green also accused Google of making the new sync-consent page more confusing. He said this would make it much easier for users to mistakenly turn over their info. Green predicted that the change would result in a hit to Google's reputation.

But managers at Chrome on Tuesday acknowledged the complaints. In response, the company said a forthcoming Chrome update, due next month, will add the option of turning off the links between Chrome's login with the login for Google's other properties.

Google will also update the user interface to make it more obvious whether a user is sharing data with the company. In a statement, Zach Koch, Chrome product manager, said, "We want to be clearer about your sign-in state and whether or not you're syncing data to our Google account."

Finally, Koch said that the company will change the way it manages authorization cookies.

"In the current version of Chrome," Koch said, "we keep the Google auth cookies to allow you to stay signed in after the cookies are cleared. We will change this behavior so all cookies are deleted, and you will be signed out."

Google says the reason it changed the login procedures was to "simplify the way Chrome handles sign-in."

Green expressed skepticism about Google's reasoning. The search giant has yet to explain why it made the change without notifying users in the first place.

Original author: Greg Sandoval

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Sep
26

San Francisco shut down its $2.2 billion transit terminal weeks after opening when a crack was discovered in a support beam

Just weeks after it opened, the $2.2 billion San Francisco's Transbay Transit Center was abruptly closed on Tuesday. A fissure was discovered in one of the building's steel beams.

According to a statement from the Transbay Joint Powers Authority, the beam was located in the ceiling of the third-level Bus Deck, and the closure is "out of an abundance of caution" as inspectors and engineers inspect other beams at the center and work to repair the problem.

The San Francisco Chronicle reported that the beam is among many that support the rooftop garden. Sitting on top of the transit center is a 5.4-acre park space that includes foliage, and numerous seating areas.

Greg Sandoval/Business Insider

Firemen were on the scene and an officer of the San Francisco Police Department told Business Insider that the building was being evacuated. Police were not allowing anyone near the four-block-long structure.

For a brief time, even one of the streets that leads under the building was blocked. Transit agencies, including Muni and WestCAT were redirecting routes to the temporary Transbay Terminal some blocks away.

The Terminal Center, described as the "Grand Central Station of the West," was a building project nearly two decades in the making. The Center was designed to be a central nexus for local transportation.

Eleven bus lines stop at the station, and transit officials plan to eventually connect it to rail lines.

The Bus Deck is above the ground level. The structure's two other levels are below-ground floors that were designed for rail lines but aren't yet in use.

Original author: Greg Sandoval

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Jan
24

Construction startup Katerra gets $865M in Softbank’s latest mega-round

The internet-enabled thermostats made by $122 billion appliance giant Honeywell has been having server issues, leaving some customers unable to control their temperature via an app as advertised — and they're furious about it.

Customers flocked to Twitter to complain about technical issues that plagued Honeywell Home, the 112-year-old company's recent line of internet-connected devices. They said a major outage started several days ago, and problems have been ongoing for weeks. Those same customers have also complained about what they say is a lack of communication from Honeywell.

In a statement, Honeywell disputes those complaints, and says that the problems were only for a short period on Tuesday.

"Earlier today, a small number of customers using Honeywell's Total Connect Comfort app experienced delays, which have been resolved. Their thermostats performed as designed locally, however the temperature could not be set remotely," said Honeywell spokesperson Bruce Eric Anderson in a prepared statement.

As Anderson says, the thermostats were still controllable if owners have physical access, but the ability to control the temperature remotely via app — the main selling point of these devices — had been offline. This can cause issues for people managing multiple properties, like landlords, or those customers with mobility issues.

The outage highlights one of the persistent problems with the so-called "internet of things:" The usefulness of products are often dependent on the reliability of internet services they have no control over — and when they crash, there's nothing people can do.

Despite Honeywell's assurances, one customer told Business Insider they first encountered issues four days ago, and had run into issues earlier in the month before that. There are also multiple Honeywell customers complaining on social media about technical problems before Tuesday.

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Original author: Rob Price

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