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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.

Apple Recruits SAP To Help Sell iPads, iPhones To Companies

Apple ( AAPL ) on Thursday announced a partnership with German business software firm SAP ( SAP ) to push iPads and iPhones deeper into enterprises. The deal follows similar partnerships with IBM ( IBM ) and Cisco Systems ( CSCO ), which were struck over the last two years. “This partnership will transform how iPhone and iPad are used in enterprise by bringing together the innovation and security of iOS with SAP’s deep expertise in business software,” Apple CEO Tim Cook said in a statement . “As the leader in enterprise software and with 76% of business transactions touching an SAP system, SAP is the ideal partner to help us truly transform how businesses around the world are run on iPhone and iPad.” Apple and SAP aim to create new mobile work experiences for enterprise customers of all sizes that combine native apps for the iPhone and iPad with the capabilities of SAP’s HANA platform. As part of the partnership, SAP will develop native iOS apps for critical business operations. Apple hopes enterprise applications for tablets can revive iPad sales, which have been in a prolonged slump. In the March quarter, iPad unit sales and revenue fell 19% year over year. In late-afternoon trading in the stock market today , Apple stock was down 1.2%, near 93, while SAP stock was down a fraction, near 77.

Fitbit Fails Q1 Physical, Stock Collapses On Q2 Guidance

Fitbit ( FIT ) stock tumbled Thursday after the maker of wearable fitness trackers said increased spending on marketing and R&D will cut into earnings near term. Fitbit shares were down 14%, near 14.50, in morning trading on the stock market today . The stock sliced through its 50-day moving average, a key support level, in touching a six-week low. Late Wednesday, Fitbit smashed Wall Street’s targets for the first quarter , but the company delivered mixed guidance for the current quarter. It earned 10 cents a share excluding items on sales of $505.4 million. Analysts polled by Thomson Reuters expected 3 cents EPS and $444.3 million in sales. On a year-over-year basis, Q1 sales rose 50%, but earnings dropped 63%. For the current quarter, Fitbit is projecting earnings per share of 8 to 11 cents excluding items on sales of $575 million at the midpoint of guidance. Wall Street had been modeling Fitbit to earn 26 cents a share on sales of $531.3 million. Fitbit competes in the health and fitness wearables market with Apple ( AAPL ), Garmin ( GRMN ) and others. Battle Of Fitbit Bulls And Bears Oppenheimer analyst Andrew Uerkwitz reiterated his outperform rating on Fitbit stock with a 12- to 18-month price target of 25. The digital health market is showing strong demand, but Fitbit management “is struggling with the pushes and pulls of operating a rapidly growing business,” he said in a research report. Volatility in operating expenses is pressuring the stock, he says. Fitbit bulls say the company is “striking while the iron is hot” and ramping up marketing and R&D spending to capitalize on the growing market. But bears argue that if Fitbit “takes its foot off the gas, the ride will stop,” Uerkwitz said. FBN Securities analyst Shebly Seyrafi maintained his outperform rating on Fitbit stock but trimmed his price target to 22 from 25. S&P Global analyst Angelo Zino kept his hold rating on Fitbit stock with a price target of 20. “Fitbit is seeing good penetration for its newest devices, Blaze and Alta,” Zino said in a report. “But we are cautious about elevated second-half expectations and intense competitive pressures.” Edison Investment Research analyst Richard Windsor said Fitbit’s higher sales and marketing spending has placed “unrealistic expectations of profitability” in the second half of the year. “This is particularly worrying as there are clear signs that commoditization is forcing the company to increase spending, hitting profits,” he said in a report. To meet its EPS guidance, Fitbit will need to generate 83% of its net profit in the last six months of the year, he said. “Given the environment, this looks to be a very tall order and there is likely a heavy cut to full-year EPS guidance coming either in June or October,” Windsor said. Piper Jaffray analyst Erinn Murphy reiterated her neutral rating on Fitbit, with a price target of 16. “While we are pleased with the traction of new products, we are wary of the Q4-weighted guide and opt to remain on sidelines,” she said in a report. Fitbit Dominates Fitness Device Market On the company’s earnings conference call with analysts, Fitbit CEO James Park expressed confidence in the company’s ability to continue to lead the nascent digital health market. “Fitbit has had an incredible and consistent track record of creating and launching innovative devices and software that people love,” he said. “Over nine years of creating and leading this category, we’ve gained a deep and proprietary understanding of the market and our customers.” San Francisco-based Fitbit is putting a lot of “marketing muscle” worldwide behind its Blaze fitness watch and Alta activity tracker, which were both launched in March, Park said. Retail sales tracker NPD Group on Thursday reported that Fitbit remained the king of connected digital fitness devices in the first quarter. It said Fitbit accounted for 81% of the dollars spent in the category in the U.S. in Q1. Fitbit does most of its business in the U.S. In Q1, 70% of Fitbit’s revenue came from the U.S. Europe, Middle East and Africa contributed 15% of sales, followed by Asia-Pacific with 11%.