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Tim Cook’s email to Jim Cramer may have violated SEC rules, say lawyers

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The email Apple CEO Tim Cook sent to CNBC analyst Jim Cramer, and which was read on the air, may have violated Securities and Exchange Commission regulations, according to lawyers speaking to MarketWatch. The regulations are designed to ensure that information that may impact a company’s share price is made available to the public in a fair and open way, rather than privately disclosed to particular individuals or entities.

Cook’s email revealed that the growth in iPhone activations “has actually accelerated over the past few weeks, and we have had the best performance of the year for the App Store in China during the last 2 weeks” – information that Apple had not previously disclosed … 
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Apple Pay China expansion reportedly stalled by ChinaUnion, regulators

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We learned last fall that Apple plans to bring Apple Pay to China by partnering with UnionPay. Code found within iOS pointed to Apple preparing its mobile payment service for China while MarketWatch reported Apple was working on a deal with the institution. Several months later, however, MarketWatch now reports that Apple is “struggling with its relationship with UnionPay,” adding that Apple has not yet established an agreement it hoped to reach by March.
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It’s official: Google agrees to pay record $22.5M FTC fine in Safari bypass dispute

We reported last week that the Federal Trade Commission voted to fine Google $22.5 million for violating browser security settings in Safari, but now Google has agreed to pay the record-setting amount and finally settle its dispute.

According to the press release (via MarketWatch): 

  • Google to pay $22.5 million to settle FTC dispute
  • SAN FRANCISCO (MarketWatch) — Google Inc. GOOG +0.27% Thursday agreed to pay a $22.5 million penalty to settle a dispute with the U.S. Federal Trade Commission. The FTC said the penalty stems from charges that Google misrepresented users of Apple Inc.’sAAPL +0.13% Safari Web browser after saying it wouldn’t place tracking “cookies” or serve targeted ads to Safari users. The FTC said Google’s actions violated and earlier privacy settlement between the FTC and Google. Google shares were up less than 1% at $643.63 in early trading Thursday.

The allegations against Google began in February, when the search engine and other ad companies were caught bypassing Safari security settings to install tracking cookies on devices and computers without consent.

“The record setting penalty in this matter sends a clear message to all companies under an FTC privacy order,” said FTC Chairman Jon Leibowitz in another presser. “No matter how big or small, all companies must abide by FTC orders against them and keep their privacy promises to consumers, or they will end up paying many times what it would have cost to comply in the first place.”

It is worth noting that the hefty fine roughly equals five hours of revenue for Google based on Q2 2012 sales.

The FTC’s full press release is below.

This article is cross-posted on 9to5Google.


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