8:00 a.m. at netflix. 11:00 a.m. here on wall street. "squawk alley" is live.

welcome to "squawk alley" for your wednesday. joining us this morning is roger mcafee. jon fortt, kayla tausche what. a busy day for the markets. we have to address this uber story somehow. ub ner a hot water after emil michael incinerated the company should investigate the private lives of the journalists. ceo apologized in a series of tweets saying his comments at the recent different party we are terrible and don't represent the company. how far none of his 14 dinner posts mention michael's future of the uber. saying their business plan is to amass the greatest database of consumer habits the world has

ever seen. we're going talk to lacy later in the show. you brought her in to talk tonight that. ashton kutcher saying maybe it is not such a bad idea after all. >> one of my favorite movies is swingers and one of the characters earns the nickname double down. today he has doubled down on the idea of investigating the private lives of what he called shady journalists. so this is going to be interesting. >> what do you do if you are a vc in this company? do you feel the urge to come to their defense? >> i surely would not. i am personally horrified at, you know, the accusations. i'm not sure which ones are true, which are not. but what's clear is there is a pattern of communication that's come out of uber that suggests that they believe anything goes is completely legitimate.

and it reminds me of, you know, the watergate burglars and that kind of stuff. dirty tricks. and i don't know when people started to believe that that was legitimate in business or politics. but i personally find it offensive. and uber is a great idea. they don't need to cheat to win. it is just a really great idea. i just don't understand why they don't play the game like reasonable people. treat everybody well and stop trying to be, you know, some -- you know -- james bond bad guy. that part doesn't make sense. the absence of moral compass is staggering. >> we talk about the ethics of the company but in the past the conversation had been framed by its competitive nature. but one has to wonder whether the company would have even addressed this or would have gone along with it if the barn

door hadn't been blown open. and i'm wondering if that tells you how to company thinks and the type of people at the top when you wonder what they would have said, whether they would have addressed it all had these commented not been made public. >> kayla, think i you're right. part of what's so disturbing is they have made public comments in response to many of the accusations that confirm the first suspicions people have. and i would love to believe it was just uber behaving this way. but i think this is something we see all over the place. we certainly see it all over wall street today. wall street has become incredibly predatory. and you see it in lots of parts of business now. and i think that, you know, when you see young people who are as brash as the people who manage uber, it is really easy to point fingers. but i this i this kind of behavior is sadly far more

prevalent in american business today than five or ten years ago. and i'm not sure what caused the change but as an investor it disturbs me. >> no one i think is defending what michael suggested at this dinner. but they are taking on interests that are so entrenched in these cities. >> -- >> almost have to play some kind of hardball, don't they? >> i totally disagree. i think when you have a great product. uber is such a good product. why do you have to be -- you know, stick your favorite expletive here in order to get a this to work. i look amount this thing. they have won. all they have to do is be good citizens now. and they have a chance to be one of the largest companies in our economy. and the only way they are going to blow this is by cavalierly flaunting rules and giving people an excuse to bring them down. i just think it is tragic. but if i were an investor in the

company, i'd be sitting the team down and go listen, we're either going change the behavior today or find new people o run -- >> except the one investor we have heard african american ashton kutcher is the one defending this idea. >> and shame on him. >> here is -- >> shame an -- >> -- invest in tech companies, have stepped out as a technology investor back in numerous companies and while people are calling on investors to hold company's managers to task, the one who's stepped forward that i'm aware f of and defending the idea. >> and i think that's part of the problem. and we saw the same thing, you know, when one of the venture capitalists helped the guys at zynga take the options away from the early engineers. i this the investors are culpable in this. and had i been one i would have behaviored differently. and i would hope some of the ones there now are doing that

now. honestly this doesn't reflect well on anybody. and it is a great business again. they don't need to cheat to win. >> we're going to have a lot more on uber this morning. the journalist singled out is going to join us live. >> sarah is amazing. >> in the meantime we're going to find out how many people are really watching house of cards and the new black and shows of the like. nielsen will start track shows like this. and more netflix news. postponing a upcoming comedy show by bill cosby in the wake of stories. how does nielsen change the game if at all? >> i think this is a pr stunt. nielsen's way of tracking viewership is so outdated and so

ineffective. i wasn't it via com yesterday came out and complained? even the people who've benefitted enormously over the years from their ratings now recognize that it is really a game. and to me the game no longer works. and honestly i don't see how this effects netflix at all. i don't see how it affects streaming at all. it is totally possible to count this. it is just not possible to count it reasonably the way nielsen does it. and nielsen works from the household and those households gain the system constantly. i look and see much ado about nothing. and the story about netflix is europe and other geographies. i don't think this makes a difference. and as for the cosby thick. one thing that is is hard about being an investor today is figuring out what things people are going to care about. nobody cared enough to vote in the election.

i but they care deeply about this issue here. and i think it makes it very hard to analyze stocks when you -- >> is that surprising? here are more than a dozen allegations by women saying that bill cosby. >> sorry. i don't know anything about the cosby situation. i just think that it's interesting -- i'm not suggesting people shouldn't be upset about cosby. i'm saying that trying to anticipate as a stock investor in netflix, which things we augme ought to care about? for example, if they don't care about banks that are -- you know, we don't as investors seem to have any issue with banks that kill the economy or do business with drug lords. but obviously we have problems with actors who have moral failings and maybe that is appropriate but i certainly look at this as an investor and trying to look at netflix to. me the big thing is they are making international expansion.

great product, great management in a rapidly changing industry. so and me those are the issues to stay focused on and whether they make a big cosby show or not i don't think is going to move the needle. >> nsa, falling two votes short. it proposed a sweepi ining overl buzz was blocked. --. new encryption message system. the fbi saying the pendulum has swung too far the other way. away from snowden. >> i wish that the people who run our security services had more credibility. but they have been crying wolf for ages. ever since 2001 we've been living in a state of perpetual

fear. one guy has a problem with these shoes. he's got a bad thing in his shoes and we change our entire society around this. and these people have been telling us to fear this, to fear that. and i think increasingly the folks in silicon valley recognize that the people to watch out for are the people running the security services. and the consumers deserve a little more privacy than they have. i applaud apple. i applaud whatsapp. i think this notion that we need to be protected from everything out there i find complete and utter non sense. and i just think that we need to live in a free society. and a free society requires some level of personal privacy. and in my mind, putting these encryption systems into phones is a natural obvious positive thing and the country will be far better off if people have that level of privacy than any risk we might face from one crazy person who's out there.

statistically i just don't think the risks are great enough to warrant the kind of security that the fbi and others would like to put in place? >> safe to say roger that those not playing by these rules, these apple, google, whatsapp rules are not the outlier. >> i'm saying consumers would like some privacy. can and in a democracy they are entitled to make that call. and it isn't just the people in congress who get to make that decision. consumers can make it by buying product. and if people put these products together, consumers can choose to buy them or not. if they don't want the privacy they won't buy the phones. as the the product decision. i look at this and go this is a genuine democracy. not the kind of thing going on in washington right now. if consumers want it they buy

the products. and the fbi can talk all they want and maybe consumers believe them. maybe they want. >> that is generally the way the market works. always good having you. >> my pleasure. take care. have fun with sarah, she's the best. >> dow near lows of the session. all the major averages down by a fraction of a percent. even so withes the bullish take in the last month. this is the biggest lost losses since october 22nd. consumers discretionary and staples bucking the trend. most because of the shares of lowe's topping estimates. the company raising forecast for the rest of the year and that is lift ting a sector. -- citing reduced deliveries for

the model x bringing the estimate down to 5,000 from 15,000. and morgan stanley still keeping overweight rating. --. >> cramer had some fun with that have. cut your estimates in half, keep the price target. more on the president's pending announcement on immigration. >> carl, we are waiting for an announcement from the president on this order. it will come this week. he'll travel to las vegas friday appear with harry reed the new senate minority leader. the only question is whether there is a preview announcement on a broad outline of the order on thursday before the friday event. in any case we're going to get to the weekend with this executive order and it is going to trigger an escalation of the ongoing political war between democrats and republicans.

don't nope the contours yet. there are several ways to slice it depending how far out you go in terms of giving legal status to people who are connected by family with people who have green cards or citizens in the united states. and also whether you apply a time test. that is, people fitting a certain category who've been here ten years or five years or some other sorting mechanism that you have. but it could be three, four five million people. republicans are going to fight them. and we don't know exactly how that is going to turn out. >> john, the fact this is floating today, is that a bargaining chip or it's going to happen regardless. >> it's going to happen regardless. i think there is no prospect that republicans having failed to act in the house on immigration for such a long period of time, there is nothing going to forstall this. and the question is going to be what is the reaction? do republicans resist funding? trigger a shut down.

resist a yearlong. are there more extreme measures. some think this is unconstitutional. the president of course when he announces an order is going to provide legal justification. but he himself in pushing back the suggestions that he do this earlier had himself said there were legal questions. so this is going to be a huge fight but think the president is now committed to going forward and we're going to find out but the weekend exactly what he's going to do. >> john. thank you so much. when we come back. uber still in hot water after that senior executive talked about digging up dirt on journalists. ashton kutcher tweeting this morning what's wrong with that? and the journalist that uber targets, sarah lacy joining us live. and a man in charge of bmw will tell us what it's all about. and the one old stalwart

performed better than expected. dow is now about 30 points. ♪ for tapping into a wealth of experience... for access to one of the top wealth management firms in the country... for a team of financial professionals who provide customized solutions... for all of your wealth management and retirement goals, discover how pnc wealth management can help you achieve. visit pnc.com/wealthsolutions to find out more.

the los angeles auto show kicking into high gear. and car designers and buyers alike demanding the latest and greatest. how bmw is answering the call.

phil? >> i'm joined by ian robertson whose a frequent guest of ours. let's talk about spotify. you were the first major auto maker to incorporate it into newer models. why the adjustment and shift and how much after difference do you think it will make? >> we have connected drivers in all cars now. uploading navigation systems in the car behind us here. so you will get this in real time. and it is a logical step to put certain apps the customer wants into the car. and spotify is one of them. they can download any music they want and stream it live and stream it on iphones when they are not in an wifi area as well. the most important thing is they can actually use it in the car system. so you are not distracting by looking at your phone. it is in the car system. >> heads up display. >> yeah. and you can see what's come up

and therefore it works. >> how much technology do you give the driver before you start to distract them? >> that's an important balance. and i'm not sure the customer wants these things all bombarded at them when they don't want it. so finding that plansz. i think there comes a point where you say that is probably enough, for the time being. and that balance is something my team in germany always look for. >> quickly, our autonomous drive vehicle. how rapidly does this take off? >> i think we'll see big steps in the next five years. we have semi autonomous. and traffic jam assistance in traffic when it is slow moving the car will move almost on its own. and you just touch the steering wheel from time to time. to go to the bigger step, first the legislation has to be there. and

legislators are thinking long and hard about. safety is paramount. but i also think a lot of 3-d cameras and laser scanners are developing very rapidly. so we'll see big steps in the safety environment. so you will not be able to bump cars in a car park because the system will stop you. >> ian robertson. >> pleasure. >> a frequent guest of ours here and we always enjoy talking to him. this time a little different. technology and incorporating into newer models. >> big week for bmw and spotify. thanks for that. when we come back a rough week for uber. after a senior executive subjected investigating the private lives of journalists and one in particular, sarah lacy. she'll join us here live to respond.

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uber. senior executive emil michael made some comments. >> the main journalist the senior uber executive was alluding to. starting off did you see what ash on the cuber alluded to and then backed away from. this has been out here. but how are you feeling and what do you think are the issues for the tech space. >> it's horrifying. one of the times i'm not happy to be right. yesterday i said uber looked like they were apologizing but it wasn't genuine. no changes. the board took no action and

they would wait out this tweet storm and go back to doing whatever they were doing to do. they wheeled out the celebrity spokesperson to start redefining. it. since ashton doesn't understand what is wrong with this. allow me to explain. when you do opposition research particular with a million dollar budget and a six person team. it is not just google someone's name. it's going through trash, and a six member team and that following their kids. and all because of the things i said i didn't like. and specifically the way to go after me was to target my fam and tear apart my family and do it in a way where uber's fingerprints weren't on it. and ashton has talked before about -- >> it's not clear uber got

ashton to tweet this. maybe he just rolled out of bed and before really thinking about it added fuel to this fire. he seems to have backed away from it. but how much of this do we know is a culture and business issue. because i believe that the jason -- has said he's an angel investor in the company. and tweeting back and forth with you. he doesn't think there is a deeper cultural issue but there are problems that needs to be addressed. >> so interesting. the public and press and uber's investors have been divided on clear lines. i don't see any journalist saying this is okay. and the press generally thinks there's been an escalation of disturbing behavior. everyone else sees a pattern of horrific behavior except people profiting off of one what's one of if not the most private

companies in the silicon valley. it is going to be up to the public and journalists at this point. and that is scary because uber has proven it will do anything to intimidate journalists. >> you talk about the heft of the company. $20 billion now. could be worth 50. and i'm just wondering how far you think these practices go at uber? despite best efforts to surround itself with senior executives. i'm just wond rg how you think this permeates through the company? should it be more worrisome on a broader basis? >> i think if this didn't reflect an attitude in the company that the company was

okay with emil michael would have been fired. it's that simple i think. and the details he gave in exactly how he was going to go after my family were incredibly specific. this is a plan he had formulated. not a man ranting a dinner. and the fact that ashton kutcher and people are trying to reframe it. it's the same thing people do when women say they have been attacked in vehicles. they call the investors and say she was wearing the provocative clothing. i classic washington tactics. >> washington post puts this on the front page today. they say i know many women who e erased uber from their phones last night. and ohs well that's it for me from uber until i need a ride again. do you think uber is destined to

be a big player or can this derail them in a sense. >> i think uber will still be a big company, unfortunately. but i think they have helped a lot of rivals. they had an unreachable number one position. and i this i the actions bit by bit have made it easier for companies to eat into that. and there is another oxygen option. this isn't facebook or google where people really lie rely on these single players. there are multiple options. so i think uber will still have a big exit but it's far smaller than the company it could have been and i think that's why they authorized a million dollar budget to destroy me. >> thanks for joining us. >> with all that europe has closed. simon hobbs is back at post

nine. >> the big question is at 2:00 where the --. the last bank of england meeting, we know it is a seven to two vote to keep interest rates where they were. what's interesting is a material spread of views in mark carney's bank which sugs more people are moving to be worried about inflation. royal mail warned that amazon's local delivery service in britain will cut services in half. greek stocks doing well again. look where we've traded at the greek market in the last few days. up now about 9%. we know we have a december 8 deadline for them to do a deal hopefully with the rest of europe and.

there is clearly optimism in athens sending stocks higher. the last jean claude junker is working on a scheme for a 300 billion euro investment fund to be unveiled at the leader summit in the middle of december. there is a lot of discussion how that will be funded and what the multiple can be from the people put in and how much comes from the germans. the other thing is that he himself in the european parliament will next week face a vote of the --. it comes from the right. it comes from the antieuropeans. not a vote that is likely to succeed. >> when we come back in the latest quarter, which apple product logged an 18% increase in revenue year over year?

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mack sales a big surprise in apple's most recent earnings report. in latest article mossberg

highlights the product's second act. joining us is re/code's walt mossberg. what is it about the mac? why is it working again. >> well i think apple worked really hard on making it great after it really had, you know, deteriorated to the point where people weren't buying it and it was practically dead. but i also think, you know, there is a whole bunch of surrounding things. people pie an iphone or ipad. go into an apple store, which didn't even exist when the mac was first brought out. and they see the macs and get to play and one thing lead to another. but amazing comeback. >> it's jon fortt. i've been surprised the way sales tapered off the last couple years and now the mac is surging. going forward, do you think the

mac becomes more a growth vehicle or the ipad? our assumptions might have been wrong before. >> you know that is a fascinating question, jon. in terms of absolute growth. the mac is clearly growing faster than the ipad already. and i think there is a kind of connection there. apple never sold the ipad as a complete laptop replacement, which ironically is what microsoft is trying to do with tablets now. they always said it is going fill a gap between the phone and laptop. but they never said it would replace it. and i think people who buy ipads use them and they reduce their use of a laptop. but they realize at some point you just have to go to the laptop. and because they are already in an apple situation the mac is the logical one to go. >> i love the imagine -- imac

with the handle on top. even though didn't become ubiquitous. how do you think they went from that to the mac book airs we see on every single starbuck's table nearly in america now. >> it's a great question. and i give you two quick answers. the one is the internet. this is over and above anything apple did itself. the internet equalized had mac with windows. because at one time when that blue imac came out there was not a lot of software for the mac compared to windows. but when people started using their computers mostly to go on the web and do e-mail and stuff like that the mac was an equal citizen on the web. and that was enormous help. the second thing i would say is major blunders by microsoft. two of the last three versions of windows have been basically flops with consumers.

so people were willing to take a look at the mac even thoep coug costs more. also to get the kind of sleekest, best, thinnest, windows laptop now costs about the same it does to buy a mac book air, which i really think is the best laptop ever made. so the price thing has equalized out at least at the top of the market. >> interesting both stocks would suggest walt there might be room for both to co-exist in years to come. great to have you. nbc's group is -- picture competition five. with the dow now under 20 points. rick santelli what are you

watching today. >> there's been a lot of talk that the federal open market committee is going pay more attention to what's going on here. i have no problem with that. we see interest rates have crept up a bit though there is an issue i think we can talk about. the magic number today is 150. come back after the break and you'll see. ♪ music ...the getaway vehicle!

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coming up. fresh off upbeat earnings reports, we sit exclusive will target's chairman and ceo. plus is one of wall street's biggest bulls finally backing down? we're going to ask. and doubling down, we're trading stocks that have doubled and debating one of them. >>er of the rick and the season telly exchange. >> i know this morning we looked at starts and permits and yes maybe we're a bit disappointed. but not surprising. you know, both of these data points were above 1 million, seasonally adjusted analyzed units. not bad. but there was a perk in the data and that was single family homes. and even though many dismiss that because any type of housing activity is better than less activity. but single family homes are a

rare breed and we want to see it come back. i know there's been articles in chicago about the whole renting market and how some neighborhoods have seen a lot of purchases by bentities that wer able to get credit to buy stressed homes and put them in rental type conditions. better thn keeping them empty and i think the economy is better to see the single family number move up again. but the real point why i'm paying attention is it seems as though ten year rates, even though they are still in the 230 to 238 closing yield range. it is significant. i talked about the number 150. you are going to see why that's important. look at the following chart. this is an interday chart of bund yields very ten year note.

keep in mind while we're looking at that 17 day stretch for ten year and even longer here the 30 year where it's been in tight closing ranges in response to what i call the capitulation bottom and yields on the 15th of october. what we've seen is that our lid is 238. but the lid to bunds has been basically 90 basis points. the next chart is a month to date of the difference between the ten year treasury and bunds. see where it is? basically around 150. now going back to june of 99. let's make 150 a ma'magic numbe. when they were at 80, the low end you had that 150, no surprise. you get 230, the bottom of our range. look at the current. add the 150.

get 235. the big explosion in european rate is going to happen when it gets above 90, which takes us back above the 240 level. which is our significant area. so if all you do is watch the spread and assume a constant 150 you are going to stay out of the trouble if the market changes directions. >> a lot of people watching that. we appreciate you pointing that out to us. up next, music streaming service is feeling a little heat lately. david faber sits down with sirius xm ceo jim meyer to get his thoughts. when we return. ♪ there's confidence... then there's trusting your vehicle maintenance to ford service confidence. our expertise, technology, and high quality parts means your peace of mind. it's no wonder last year we sold

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liberty streaming music in the spot. and david faber is there with the ceo of sirius xm. >> jim meyer. the ceo. thanks for joining us. you are going to be presenting to the investor base here later. i'd love to start not talking about used car sales or new car sales right away but streaming. i spoke to your chairman last may. so it's a while ago but i asked about sirius. and i asked about streaming. and he said i think a lot of the sirius xm customers are

streaming customers already. either sirius or pandora. but we need to strengthen over time. whether through partnership or acquisition or building on our own. that was may. which is it going to be? >> i think number one to start, i don't see streaming as a competit competitor. i see it as a technology. there are companies that stream that compete with us obviously. but what i love about this evolution/revolution that is taking place is it gives us a great opportunity to combine all the benefits of the broadcast and certainly all the benefits of it have ip and combine together in one -- you know, what we think will be very easy to use consumer facing experience. design for the vehicle. that is the key here. design for the vehicle. and you will hear more about that. >> what i hear spotify is in new bmws, why should i or an investor think that's competition. i'm not going to have sirius and

spotify, am i? >> i don't see them as the direct competitor. there $10 a month is more out a download business, and package media business. where i really see our competition is -- radio. still 220 million people listening every day. that is still our primary competition. and that is still are where our competitors are coming. from back to your question, about two-thirds of our customers today report they stream other audio at least once a week. it is not they are illiterate or don't understand how to stream. they know very well how to stream. but -- >> when they step into the car they want sirius. >> and they want a lean back experience. not a lean forward experience. and both are important. >> what about gm getting into offering lte, basically bringing internet to the car in a much more robust way.

is it beneficial or a competitor to sirius? >> it brings others into the vehicle in a more seemless way that aren't there today. but it allows us to absolutely increase the effectiveness and the ability of different services and feature wes can offer in the car. so i'm really quite excited about what gm is doing. gm is obviously a very key partner and i think you will hear more for us how our service will evolve. >> it is early days. but are you getting a the sense for how the product does or the traction it has? >> it's still too early. i would say nascent almost. people forget there are 240 million cars in the country. 16 and a half million sold in a year. maybe today maybe 4 million of those have smart connectivity. so if you lay out the math it is going to take a long time to go across and change the vehicle. >> but there are about 60 million cars with sirius available in them i believe.

and that could be as much as 100 million in not too in years. >> i'm confident we're going to cross 100 million in 2017, early 18 time frame. given the economy holds. >> you are leveraged into the new car market and the used car market. what can you tell me in terms of the consumer and expectations for new car sales. >> we sea very strong sales ahead. forecast about 16, 5 for the new car sales this year. as importantly as you know used car sales are closer to 40 million. so there is really 56 million cars sold a year in this country. and that second opportunity is a great, great opportunity for us. because our fleet of that 67 million -- >> -- >> right. there are now starting to turn over the a second owner. and that gives us a new consumer we've never seen. we're having early success.

our third quarter call we expected to do at least 2 million grass ads from the channel. and i'm confident. and the number can only go up. >> howard stern's contract, i guess the last year is next year. >> it ends next year. >> big stars like to negotiate early on some deals. are you going to try to keep stern? >> number one. howard's show has never been better. never. and ask our listeners. he's gotten top shelf ges and doing fantastic. i meet with howard a lot. and i think shouhoward is as ha as he's ever been. we want him at sears for as long as he's willing to work. obviously we'll have to reach an agreement on what works for him and for us. but i'm very committed to keeping howard stern on sirius

xm. >> jim meyer. ceo of sirius xm. >> lot of good information. when we come back, managing real money in a virtual world. more on the new move by fidelity. get to the terminal across town. are all the green lights you? no. it's called grid iq. the 4:51 is leaving at 4:51. ♪ they cut the power. it'll fix itself. power's back on. quick thinking traffic lights and self correcting power grids make the world predictable. thrillingly predictable.

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with healthcare costs, who knows. umm... everyone has retirement questions. so ameriprise created the exclusive confident retirement approach. now you and your ameripise advisor.... can get the real answers you need. start building your confident retirement today. twhat do i do?. you need to catch the 4:10 huh? the equipment tracking system will get you to the loading dock. ♪ there should be a truck leaving now. i got it. now jump off the bridge. what? in 3...2...1... are you kidding me? go. right on time. right now, over 20,000 trains are running reliably. we call that predictable. thrillingly predictable.

portfolio gone virtual. fidelity launching "stock city "where you can interact with your portfolio like on a helicopter. stocks are depict as buildings and sectors. each building and size determined by the stock price. the number of shares outstanding and the average volume. the product is build on the oculus platform. they told me fatty acid tit is g of the nefrteffort. and you have to fix the problems with vertigo. >> that is getting better, right? >> it is. and he thinks that is the future

how you interact. >> in a market crash you do get godzilla coming through. >> when the market is down more than 3% it is raining. up more than 3%, sunny. >> that's enough color i think. interesting though. it's changing quickly. that's it for us here. over to the judge and the half. all right. carl, thanks. wj to the halftime know. mike murphy, josh brown, pete and jon najarian, and the new ceo of target is live for an exclusive interview just after his company's big earnings beat. tesla's biggest bull slashes his outlook but still says it is a buy. so what gives. and our top stour. big