♪ >> good morning, "varney & company" viewers, i'm charles payne in for stuart varney. stuart will be back tomorrow, but for today. here is the big story. futures are up after that 190 point drumming yesterday. yes, the fed is going to print a lot less. yes, the meltdown in emerging markets is scaring us, but this morning we found out the economy at least in the last quarter 3%, and get this, after the fed dropped spending big time. good news. and facebook profits are surging, it's all about mobile advertising and turns out people are actually clicking on their

smart phones to google, and selling motorola to lenovo, a huge haircut, but google is holding onto the valuable patents and it looks like stuart was right. tv ratings for president obama's state of the younion at the lowt since bill clinton's. stay tuned, "varney & company" is about to begin.

>> the economy grew just over 3% at an annual rate of the last three months of the last year and that's in line with wall street estimates except consumer spending, that was as strong as it's been in three years and say it again, the economy is growing even after or maybe because of government spending is in a freefall. two news items out of washington for you this morning. first, president obama pushes for the two largest trade deals in u.s. history while a major roadblock, those obstructionists

following president obama's state of the union address, this comes from senate majority leader harry reid saying he will not bring legislation to the floor that will give the president greater trading power. and remember, prime minister has been blaming republicans for being the party of no and now even democrats are making it more difficult for the white house again. next, the white house passed a farm bill with low cuts to food stamps. tuting from an 80 billion dollar a year program. that's 1%. the house originally sought out a 5% cut and now heads to the senate. if it's passed the president is expected to sign it into law. overseas earnings and less from the feds sent investors fleeing to the sidelines. a triple digit loss. futures this morning though higher in part to two big tech stories we have for you. google selling motor rolla division for a gigantic loss, do

investors care? and facebook beating earnings expectations big time and all thanks to the growth in the mobile division. we've got the details for you after the break. ♪ [ bell ringing, applause ] five tech stocks with more than a 10%... change in after-market trading. ♪ all the tech stocks with a market cap... of at least 50 billion... are up on the day. 12 low-volume stocks... breaking into 52-week highs. six upcoming earnings plays... that recently gapped up. [ male announcer ] now the worlis your trading floor. get real-time market scanning wherever you are with the mobile trader app. from td ameritrade. but with less ergy, moodiness, wii had to do something.pp. i saw mdoctor. a blood test showed it was low testosterone, not age.

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trading volume, intraday moves, it shows that, you know, yeah, we've had a lot of selling, but there's also been a buyers strike and buyers have waited on the sidelines. what would it take to get them back into this market? >> we're going to have to see how the weak longs get out first. that's what the strong buyers are waiting for. i think that could be 1, 2 or 3%. and ultimately by january of this year or december of this year, i think you'll see the stock's up. but it's a bruised and bloody raise. and the government how much money they've been throwing at this problem we should be growing at 5, 6, 7%, so i'm not going to applaud a nearly 2 1/2 year print. i think that the economy is sluggish and the buyers need to see some good economic news like what could be in the jobs report next friday or more good growth news, but that's going to ultimately what saves the stocks. charles: here is the thing, scott. we've had the most incredible stock market rally and one of the top ten in anyone's lifetime

during a period of sluggish recovery not just for last year, but for the last several years. how do you make the two connect? >> well, just like what we've seen happen in the emerging markets. we saw a really, a race for yield. and that's why we've seen the stocks outpace themselves. now, these guys got out in front of themselves just like the guys that bought gold got out in front of themselves at 1900 and 10-year at 3 1/2, 4%. folks got ahead of themselves and we've seen the correction and now we need to see good organic growth to support what the fed has been doing with the equity prices. >> and 3.2% gdp isn't getting the job done. i hear the opening bell, go make money. see you later. the bell has rung and the market is trading up 56. futures all over the place, initially we pulled back a little bit when that gdp number came out and then started to it gain momentum. to scott shellady's point. it feels like the street would like to see good news or at least better news, speaking of

which, facebook, their earnings yesterday blew away the street and the company reporting the strong mobile growth up over 40% from last year, as you can see, the shares, first time they've crossed, and out of the gait. big news from google, selling motorola division that they just bought not too long ago to lenovo. they're going to get 2.9 billion, but keep in mind, they'll keep a vast majority of the patents, a gigantic haircut. that stock up almost 4%. quick, let's go to nicole. you've got three big names, nicole, you want to start with exxon? >> all right, so exxonmobil profit dropped. the stock is to the down side, down 1.8% and these are better than expected profits and they're helping to take mastercard along with it, but visa is doing so well, up 3%, but you know, it's worth 53 positive dow points, just like we saw boeing weighing 50 dow

points and it looks like visa is helping out and target, we're keeping an eye on target and we've learned more about the data breach pertaining to the fact that it was actually a vendor and that's how they got in and obviously took millions of americans' personal information. charles: that's an ongoing story and we've had elizabeth mcdonald to give us details on it. thank you, nicole, we'll be back later. risky emerging market assets, turkey, looking less attractive as the fed cuts back on money printing, joining us now from dallas is market watcher charles sizemore. charles, seems like the market treats some of these threats seem to come out of nowhere, and it's emerging markets currency crisis that's the latest example. >> well, it is and if you remember, a short time ago, a year, year and a half ago that we were all talking how overpriced emerging market currencies were and that's a big deal then. that the hot money was flowing into the emerging world and that

was causing its own problems. that seems like a nice problem to have now, it's gone in reverse, money is fleeing the country as fast as it can. you had bill gross putting out, derisk, going to treasury. that's how quickly things can change. charles: i find it amazing that 2014 when the fed was going to be less accommodative. yields were going to go through the roof and gold continuing to go down, those have been the best two performing assets so far this year. let's talk quick because i know you have some expertise on these emerging markets. in the past they've come lightning quick, major trimmers, but they've kind of faded quickly and when said and done things worked out well. how afraid should we be? >> well, the first thing i would say this is not 1997 again. this is not really a crisis, at least not yet. it can turn into one. right now, it's just a selloff. what we've had is so all of the emerging markets that are in

trouble now. south africa, turkey, brazil, argentina, they always have big current account deficits. that doesn't matter right up until it does. it doesn't matter so as long as as you have good portfolio inflows, good foreign inflows coming into your economy. and what happened is now that the fed is backing off, now that they're tapering. there's a fear that, well, the money is not going to be there to plug this gap and people are getting in front of that. >> right. >> by selling off the currencies. >> right, i think another thing a we should point out they had their own unique geopolitical risk as well. w i want to move to the market. google is selling the hand set business for, i don't know, you could say 8 to 10 billion loss if you do the math, but the stock is up. charles, here is the thing, they keep the lucrative patents and feels like google can do no wrong even when it's obvious they've made a mistake and overpaid on this. >> well, i don't know that they did overpay because once you

strip out the cash and you strip out the set-top boxes they sold off immediately after purchasing and once you strip out the purchase price to lenovo, they're paying 4 billion to the paten patents, when you think about the land grab for the smart phone patent and everybody was bidding them up for fear of lawsuits. from google's perspective, that's insurance. $4 billion when you're google, when you have tens and tens and tens of billions in the bank sitting there nothing nothing, 4 billion for patent, that's insurance. google has a short attention span and tend to go a million places at once and not follow up on anything and looks like in retrospect that's another case with the handset business. but with respect to the patents, i would say it's insurance, insurance is a waste of money until you need it. charles: until you need it. tell you something, i like the if a that they're aggressive and out there and we've got to admit

it, they really, in the eyes of investors at this point in time can do no wrong and charles you did no wrong this morning, we'll see you soon. >> thank you. charles: and let's look at the strong makers therapy for a rare genetic disorder, this stock has been a monster, nicole, we've got it on the screen there, up $25. >> right, so, obviously, lexion pharma. 19% setting new record highs, this is to treat rare genetic disorders and four above the estimates. 159.82 is the record high for alexion. charles: amazing what's happening in the drug sector. president obama vowed in his state of the union address to act alone to complete his agenda using executive orders to act without legislative approval. my question is how much economic damage can the president's economic orders have?

let's ask someone who really knows. mary kissel, a member of the wall street journal's editorial board. mary, a lot of people are saying, certain things he can get through, maybe it's not a big deal, but it is a big deal. he controls some very powerful agencies. >> i think that the mess is completely missing the point on this executive action story. the issue is not whether the president is going to do something that the next president can undo. it's what he's already doing in the regulatory agencies. you have places like the consumer financial protection bureau, the equal employment community commission and department of labor issuing guidance to employers on stuff like, i'll give you one example, criminal background checks, they're saying to employers, well, sorry, guys, we want you to have less information about the quality of the people that you're hiring. they want to do the same thing on credit checks and they're doing this really without any kind of scrutiny. so you know what? maybe it's good that the press is paying attention now to what the president is doing unilaterally without the consent of congress, but i tell you

what, charles, it's been going on for years now. charles: it has been going on for years. we've seen the national labor relations board and their pro union agenda and you know, boeing of all companies, they've given them such a hard time and you know, it will be dangerous. >> and costly, costly. and costly, just look at this, there's been an anti-discrimination agenda throughout this administration that is piling on litigation costs from companies to banks, to auto lenders, to pay day lenders and others, and that ultimately has not just the cost to the company it has a cost to consumers because what are ceo's going to do? they're going to say, now what? i've got to pay for this somehow, so it's coming out of your pocket. charles: and maybe can't discriminate against felons anymore. sec topic, harry reid came out publicly opposing the president's agenda, at least his idea for two large trade deals. that would be probably the two largest in u.s. history if they ever went through.

here is the thing, mary, i don't think a lot of democrats realize or will acknowledge the fact that they blew it when they had the filibuster proof congress fighting over the spoils and that, you know, we all use the term obstructionist, but they've got a lot of obstruction on their own as well. >> we've seen this as well. the president says i'm a free-trader and harry reid plays the bad guy and you wonder if there's coordination between the white house and the majority leader's office because there's nothing, but good that can come by the trade deals. by rejecting it, not just bad for the u.s. economy a costless way to open up new markets, it's bad for consumers, they don't get the choice, and potentially lower costs, but it's a slap in the face to our allies. look at japan. it's taken us 30 years to convince japan to get into a trade deal like this, and now harry reid is saying, well, 'cause of my labor union supporters at home, i guess we don't really need to do this? when you see the gdp number that

we printed this morning? >> it's nuts, absolutely nuts. >> it's crazy. charles: we're glad you're watching and spent time with us this morning. >> thank you. charles: right now check on the big board, up 85, that's an okay move. listen we know these markets are volatile and up 85, there's going to be a lot of movement today. buckle up, folks. the haters say that facebook is losing its cool factor. that might not be the case, it turns out the company is cashing in big time on mobile ads and yes, tech is the future, we've been talking about it, more next.

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sometimes they just drop in. always obvious. cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advanc. >> all right. let's check on the big board, i promised you volatility and we're getting it. up 85 when we went to break and up 58 when we come back. market will be all over the place. we started off strong and fallen off a lot. gold is acting probably the way that gold should october. down $19 at 1242. a lot of people thought 1250 would be a support point, not working out today. we've got three dow winners for

you, three names up big today. nike, visa, nicole mentioned earlier, great numbers, debit card use going through the roof and american express looking fantastic. and speaking of earnings, facebook reporting strong earnings yesterday. but the big news was that the growth in the mobile sector, 53% of ad revenues in the quarter, the quarter before was 49%, running into jeremy chaplin, science and tech editor. jeremy has facebook finally figured out, didn't take long to cash in on the mobile space. >> that's what it looked like. they said as many as a billion people were using the mobile apps. an incredible amount of people strictly going on through the mobile app and you can tailor the ads there, a great way to make money. charles: that was only three quarters ago. said that facebook wouldn't make it and figure out mobile. we've got to give kudos to the team. like you were saying, there's

not enough going on in mobile and bang, here they are. >> and what does it say for the entire space? everyone sort of worried about this and a lot of great companies out there, you follow them. all of these great names and they do great wonderful things in social media and everyone says, yeah, but it's free. how are you ever going to make money? does it open up for everyone that makes money or facebook has a special exemption? >> certainly a big player in the space, tons and tons of people are going on there. maybe an advertising thing. or a couple of ways to make money and the point is people are looking at that and saying, that's dollar. those faces, those eyeballs, those are dollars. >> and if not people are so offended by the ads now, they accept that as part of it. >> they've got to work it in smoo smoothly to the feed there. charles: and the teens, it seems

it ruffles feathers when you bring it up. is this a serious issue for them? >> i think it's serious issue down the road. the fact that teens aren't using it as much as they were probably because of people like you and me, parents are using it. charles: and still, 1.3 billion people. >> if you're selling ads do you care about a 12-year-old or a 25-year-old? >> great point. and google selling off the motorola division to lenovo, a huge loss. they're maintaining the patent. net-net was this a good deal for google? >> we were talking about it before, only google can make a 10 billion deal make it seem like a drop. but it wasn't doing so well, they kent the patent, i guess it's a good thing. charles: the market is responding, management, maybe made a mistake, recognized it quickly and jettisoned it. and what i'm reading that people

can be laser-like focus on android and not trying to be consumed with making it work. charles: and the advanced stuff that was developed over there, in theory they can take the people and apply it to android and futuristic products. google is doing great new stuff. charles: you're a huge fan, i kkow you love the google glass and you're a huge fan of the company. >> i think that google does fantastic stuff and taking, for example, one of the projects that the motorola team was working on was a project to take the smart phones and modularize them. antenna one thing and battery something else, and upgrade by buying a module. >> take out the components instead of a whole new phone. >> exactly if it happens. it's a fantastic idea. who else is working on that? >> jeremy, pressure it. that cruise ship full of sick passengers finally limped back into port yesterday. at least the passengers did.

it's headed out to sea later on today. don't worry, it's safe and sanitize they say. would you really want to get back on this floating petry tisch? we're back after this. ♪

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>> call it the facebook effect. yeah, apple has the halo effect

and look at facebook and twitter today. up well over 60 bucks. that's a big move for these guys. visa, we talked earlier. profits are huge. contributing right now about 20 points to the overall rally, we're up about 74 pisto 4 point let's talk about the cruise ship. is one day enough time to clean up a cruise ship filled with germs and bugs? apparently so. the royal caribbean explorer of the seas returned to new jersey with 700 sick passengers and everybody else grossed out and returning tomorrow. guys, i mean, come on, could you-- i mean, would you pay to go on this. >> no. charles: could someone pay you to go on it. >> certainly not. and the thing is the number of people sick is most likely underreported and people that did not go to the infirmary and stayed in their rooms and didn't report they're ill. the ship arrived late and

apparently didn't have time to clean it and disembarking in new york and new jersey areas and the fears that the virus, some passengers said, could be affecting the super bowl attendees, because they're staying at hotels in the area. charles: that kind of thing, that's-- i mean, this is nuts, sandra. >> and liz is right. a lot of people are saying it might be worse than the numbers that they're actually reporting. one passenger was describing that she was brought in by wheelchair to makeshift infirmary where people were throwing up in buckets and bags and she had to wait three hours to be seen. i'm not sure you're going to get a whole lot of people signing up for a cruise after that, i'm feeling bad for the company somewhat. where are they going to get crew and people willing to go on those boats not only to work on them, but to clean up after them. >> apparently more than 4 dozen of the crew got sick, too, so sandra is right. stuart: i know there's an italian guy, concordia, he's floating his resume' around.

>> good pun. >> joking, realistically, there are so many cruises at a given time. these aren't necessarily widespread, but when they make the news they make the news big time. are we being unfair? >> i think that anybody who is listening or anybody on the set say name somebody they know that loves a cruise. i have a sister she and her husband love to it cruise, they're devoted cruisers and this news does not affect them. they've already booked their next cruise and they go anyway. i don't know that this is a total black eye for the cruise industry. >> people are avid cruise-- >> i've gone on one, too, and met people, this is our 80th cruise and-- >> i've been on three and there are people who live on the boats year round because they love it, they get health care and the like, but i tell you something, think about it, you're stuck in a tiny cabin with people around you sick by the thousands, possibly more than a thousand on the boat. >> not my idea of a vacation.

>> or honeymoons. charles: and they might write down the name of this ship, 24 hours later? come on. and they're getting closer to the source of the target hack, saying that the software is to blame. and speaking of that, a ceo that will guarantee your security on the internet. guaranteed, you never have to worry about privacy again, another hour of varney is next. [ male announcer ] e new new york is open. open to innovation. open to ambition. open to boldids.

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"varney and company". stewart will be back tomorrow. here is your line up for the next 60 minutes, three republican responses as to the state of being, no central message coming from the right, former new mexico governor gary johnson will help us figure this out and obama says he will cut bureaucracy out of government but we bring you the facts, tens of thousands of regulations have been passed under this president and $4 million for a 30 seconds commercial the cost of the super bowl ad. is it worth it? would you rather just go viral on youtube? we have the ceo of the company double guarantee your privacy online. not even the nsa can hack you. another hour of "varney and company" starts right now. charles: call it a plethora of reasons the market is getting hammered. the fed cutting back, risky emerging market assets starting

to fall apart in the currency crisis and places like turkey, earnings haven't been that great. what the heck is going on. sandra smith and a liz macdonald to hash it out. turkey seems like it came out. sandra: everyone is wondering what is next. interest rate hike 2%, didn't stop that. what is the country like turkey supposed to do, what countries may be next, if that is not enough to solve the problem and see their currency against the u.s. dollar what is? this is the major uncertainty. charles: speculation now that the government does and emergency package. liz: will u.s. markets catch the emerging market. these countries represent half of the world's, purchasing power, economic room.

that is the issue. have the developed middle-class consumers to support their economies? no. it exports reliant, exporting to us or china which is weakening. that is an issue, something that is the headline continuing through the rest of the year. sandra: we were a around the fed announcement confused about the lack of any mention of the emerging market situation. that is janet yellen's play coming up. charles: the fed says they have to work that out on their own, a policy focused on america. liz: when you look at currencies printed around the world, goldman sachs said up 20% since the crisis, 2008 foreign-currency reserves in some estimates double, double what they were in 2008 so the money printing around the world is something that has to deal with meaning bubble, not inflation yet but bubbles aroun

hitting. charles: no one is good at pricking bubbles, no central bank pricked a bobble the right way. strong mobile growth that facebook and those shares, tell us where they are. nicole: all-time lifetime high, facebook f-15% at $51.89, mobile and revenue accounts for half of their total revenue, that is a big deal and analysts, video ads going forward. charles: mark zuckerberg is looking like a genius. the hackers who sold 40 million credit and debit card numbers, the number is higher than that, stolen electronic credentials from a vendor. essentially gives hackers access to their system. target they haven't confirmed how credentials were stolen or what specific portals hackers were able to get into but you have details. liz: i tell you something.

the news, i hate to say it, don't want to sound alarmist but the news gets more interesting by the day on the target hack. this will be one of the worst cybercrimes of the last decade. they stole apparently the electronic sign in credential where for a management software suite at targets, that software apparently is in use at grocery chains. similar software in use and grocery chains like kroeber's, safeway, home depot, sam's club, there's a compelling case being made that these hackers are making or could be the same gang members as roundup, t j max breach and the other breaches that the nasdaq, 711, and 60 million credit card information. charles: that was years ago. talking 7 years, figure out a way to plug the hole in the middle. liz: that is what

law-enforcement is telling fox business, the fire wall is too course as retailers that should not have been breached so easily that is the concern. charles: a huge concern. what else is a concern? we have not one but three republican responses to the president's state of the union, seems the republicans can't agree on a unified message for the gop, probably has a great shot at taking the white house in 2016 but can it do it with this fragmentation we are seeing of the party? looks like they might. we will get an answer now because we are joined by former republican mexico governor gary johnson. glad you dropped in with us. what is going on? you had so many responses from one political party to the president at state of the union address. isn't there a certain absurd about that? >> all three have a common thread and that fred is that

they have -- they are anti-abortion, against a married quality and want to build a fence across the border meaning they are anti immigration and as long as all three factions have those positions i think republicans remain out to lunch. a lot of republicans have a social conservative agenda but don't want to see that implemented in government policy. those three viewpoints were expressed the day all contained the elements of being conservative and conservative from a social standpoint. i think most republicans are fiscally conservative. charles: most americans are fiscally conservative. >> most americans are also liberal when it comes to civil liberties. charles: the tide has changed. the low hanging fruit, a terrible economy.

a terrible economy. >> there are going to be ramifications of printing as much money as we printed. i believe there is going to be inflation, the only thing we can do to fix this is to bring austerity to government. charles: interesting to your point. don't know if you saw the gdp numbers out this morning, government spending down 12% and the economy grew 3%, consumer up to the plate, that proved, that helps to prove the point you are trying to make. >> from a common-sense standpoint. i did not vote for ronald reagan the second time he ran. i voted for the libertarian because he ran a quicker deficit. charles: you ran as a republican. >> i am like most americans. i vote for the person, i don't vote for the party. i am concerned about dollars and cents, i am concerned about

government spending. i always have been my entire life but my first son was for mcgovern. i was opposed to the war. liz: here is where we are now. we get slow economic growth, that gdp growth even after the revisions that at all sorts of intellectual property on the balance sheet, but here is the thing. americans want to be optimistic. we want people who are forward looking and optimistic. optimism is a force multiplier. not a scolding the going on here. >> completely agree. charles: if we had a check list of you say to your republican colleagues and friends these are the things you need to stop talking about would you say get out of people's bedrooms, don't impose your religious -- >> don't build a fence and concentrate on spending because that is what you have control over and stay tough on reducing

spending and that isn't to say to drop social safety nets. there are those truly in need in this country but we have drawn the lines and gone overboard with regard to those truly in need. charles: the original premise three responses not including a libertarian response so four factions of the republican party and the only way to win the white house that is divided. >> if the republican party will open themselves up to an honest debate where republicans really are, i think republicans can emerge. if they stick to a social agenda that is anti abortion which is a woman's right, if they stick to know marriage equality, stick to building a fence across the border, that is crossways with most americans. charles: getting the rap signal, starting to resurface. what about you? thinking about it? >> i am a voice that is not out

there. i happen to think it is representative of most americans. charles: we really appreciate it. money in the cloud but the company reported disappointing results and the ceo is leaving, one-2 punch. nicole: not good news, the shares down 10%, 5199, the low of the day was 5118. disappointing results. ceos said he is retiring and the outlook is well below what analysts had been hoping for. weak outlook, downgrades from others as well. a new low here. charles: not a good thing. msnb.c. is in that middle of another racial controversy over a tweet they sent out about the super bowl commercials starring a biracial family. here is the original tweet from m snbc may be the right wing will hate it but everyone else will go oh, the adorable new

cheerios that with a biracial family. ms nbc has deleted the tweet but not before some real serious backlash on twitter. michele malcolm pleaded these -- my right wing by racial family, we love cheerios. enough with your race card crap. she posted a picture of her biracial children kicking off a firestorm of tweets. people showing pictures of their own right wing by racial families. this is so despicable, the hatred that they pushed, the fear they pushes so despicable. >> all families should be celebrated and and asnbc was making an attempt at celebrating the biracial family. unfortunately -- i unfortunately, we can interpret that as they were using this to enable the right wing as racist and. the response has been awesome.

this was last month, pecan mitt romney and his biracial -- makes you want to ignore the tweets from m snbc. liz: i thought liberals and progressives were supposed to be so open-minded about all points of view. clearly they are not and to use this by racial issue is so poor and so ill thought out, they are doing after the fact basically apologizing, melissa perry took a shot at mitt romney and cried on camera and her apology about it but something in the air, in the culture, they are not as broad minded as they think they are. charles: the damage they do when you tell people you don't have a shot because of the people hate you you mitigate the effort people might put in in the first place. selling fear is despicable. the going rate for 30-second spot, $4 million but in this age of youtube and viral videos are companies wasting money by advertising in this big game?

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charles: a small victory lap. harman international, reiteration, take a look at it. earnings came out 14% absolutely rocking, stock is up 24% from the first time i gave it to you, making the money with stuart varney and charles payne. this superbowl around the corner, and a pretty good edge, going to spend a huge amount for 30 seconds spot. is it worth it? the co-founder of brand ads, he said absolutely. i got to tell you so many people are wondering when something can go viral i have seen music videos with 150 million hits. spend that kind of go? really? >> advertisers need a way to reach a massive audience in one

block and that is something we have not been able to figure out on line. the super bowl is the only way to get 100 million people at once. charles: has anyone done any work? has anyone said we have seen the correlation, the superbowl and went out and company's sales went up or more of a vanity kind of thing. >> great question. if you look it the commercials from last year they reported quite a big boat lift, 20% in months following the super bowl. they really nice job with that but other studies a lot of commercials are missing the mark and not causing the lift in sales so this creative dependents, really requires the brands to test these commercials first and the wiser brands go online with these with small budgets and test against each other and which and is doing the best and that is what is running on the super bowl.

liz: we had ago daddy and and half naked women running in the x body spray at. are we going to see less plastic humor, less skimpy bikinis or corny gimmicks this year with super bowl ads? do you think the advertisers have wised up with a reaction they have gone in the past to poorly thought out at? >> i think they of the good job offended a lot of groups over the years but a lot of brands of wise up and realized the super bowl is not just a football audience but a broad audience that represents all of america. and you got to be careful what you say and do you say it to end commercials will be more sensitive than ever before. >> is liberty going to be king when it comes to commercials or more average people this year? >> celebrity is where it is, celebrity draw eyeballs and people pay attention. personally i will spend my time watching the commercial and take

my bathroom breaks. and do the same thing they're doing. charles: half the people in my house i usually there for the commercial. going to watch the whole thing through and save it for half time. thanks a lot, appreciate it. a slew of new regulations put into place by president obama on the first day of the year. with the president vowing to use his executive powers to further his agenda what does that mean? david asman will tell you up next. let >> reporter: i will act on my own to streamline the process for more projects to get more construction workers on the job as fast as possible. welcomeack. how is everything?

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charles: google selling motorola for $2.9 billion but they will keep a vast majority of the patents and those shares responding well up $23. it is a new year and the president writing new regulations. according to the daily caller, the website regulation.com lists 140 regulations that have been

posted by federal agencies. david asman is the 140 one number with the request -- dave: let's say what the president said about what he is doing to make a better business climate in america. play the tape. >> here are the results of your efforts. the lowest unemployment rate in over five years, a rebound in housing market, a manufacturing sector that is adding jobs for the first time since the 1919s, the first time in over a decade business leaders around world have declared china is no longer the world's number one place to invest, america is. dave: america is but look at what this president has done. talk is very cheap. regulations are very expensive. this president came out with 15,114 new rules and regulations since he has been president and

again for the first three days of the year, while he is saying one thing rhetorically he is doing something very different. charles: couple that with all the tax increases and you get what we had, an anemic economy. dave: a very anti business economy. so many businesses started up in the 70s and 80s and 90s, they will never start in this regulatory environment. sometimes also politics is used to attack enemies. there is one group of music teachers called the music teachers national association. the ftc, basically grandmothers that teach piano and violin lessons the ftc is attacking them for their noncompetitive behavior. they are not noncompetitive behavior, just a bunch of music teachers and the ftc says our proposed remedies are not going to interfere with a legitimate function of the organization but they always do because they require reams of past documents

to be submitted to regulatory organizations. that takes time and money and distracts people from doing their business. charles: is part of it because it is a great way to grab money? great way to fund those coffers for an administration that will spend every nickel that has and doesn't have? dave: yes but more than that the president and all this regulatory -- in the administration, notnicks think the new rules will make america a safer and better place. all they do is make it more complex and expensive. liz: the new control bowling ball down the government hallway and not hit anybody. politicians are in love with reforms no matter what it looks like and we know d.c.'s per-capita income is higher than silicon valley. what i love about the story is to had to enforce it? agencies like the irs, 20 million phone calls went unanswered at the irs according

to a taxpayer advocates. stunning. bernard: look at the rules, new test procedures for matt residential furnaces fans. they go from the picky to the general and are they making our lives safer? are they making the environment cleaner? sometimes. in the majority of cases bureaucrats want to interfere in business. charles: this is not unique to the obama administration. we have big government and, no matter who is in charge, absolute power corrupts absolutely. dave: i come from the same generation as obama. everybody wants to live free but they are the most control freaks in the planet. these are people that claim freedom and liberation is their call sign when in fact what they want to do is control of regional bit of our lives. sandra: i've is looking at the latest price waterhouse coopers survey, how they think 2014 will go. all of them seeing the glass

half full, optimistic about growth, the level of uncertainty was raised and the reason why regulation, overregulation, fiscal domestic policy, the biggest uncertainty, talk about how it would be affecting hiring in this new year, all this overregulation. dave: if you want to put a price tag on it competitive enterprise institute says $1.8 trillion is how much business in america has to pay. sandra: all these rules are thrown up under hiring. dave: of course absolutely. all the rules do involve employers. obamacare is the biggest one. charles: the report came out america dropped out of the top-10 in terms of economic freedom and the one thing that was worse, we 139st was regulations. stifling amount of control, fingerprints on every aspect of our lives is -- dave: it is a tax, one of the biggest taxes we have. is not said it is a tax but where we put this to make our

lives a but takes money out of the productive sector and -- charles: obamacold was not sold as a tax. i love when you bring us this stuff. senator ted cruz has harsh words for president obama calling him quote mack the imperial president. red meat for the judge and he is next. [ malennouncer ] what if a small company became big business overnight? ♪ like, really big... then expanded? ♪ or their new pduct tanked? ♪ or not? what if they embrace new technology instead? ♪ imagine a company's future with the future of trading. company profile. a research tool on thinkorswim. from td ameritrade.

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charles: stock of the day facebook making headlines by trying to become your daily newspaper, they are introducing a new apps called paper. features stories and seems, sections you can follow. the other scales will be released monday. i think i will be interested in this. could it be a moneymaker? sandra: will be iphone exclusive. i am not in a position to doubt facebook, $38 a share, and 15%, regardless of all the criticism and all the skepticism, advocating numbers today, and

62%, every geography. liz: i would like to read sandra's version of this. charles: a big beat, but correlated dividend, 52 week high, huge move for the stock up 14%, 2467. senator ted cruz fired back at president obama the use of executive orders writing in the wall street journal, quote, of all the troubling aspect of the obama presidency none is more dangerous than the president's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. something tells me judge andrew napolitano would agree. the judge wrote a piece himself in the washington times and on foxnews.com titled the sorry state of the union. we have the judge with us now.

you are taking -- ted cruz at stake are similar but they come on strong. judge napolitano: he came on strong yesterday and the attorney general came on a week because the questions ted cruz put to the attorney general are basically you know what, mr. attorney general, it is very basic. the congress writes the laws, the courts interpret the laws, the president enforces the laws. they don't do each other justice. i give you an example. the president of the united states of america last december when obamacare was failing and the rollout was a disaster and people were losing their health insurance coverage, basically said insurers keep the old policies in place for another year. that is asking them to break the law because as bad as this law is, on lawful as of january 1st yet when ted cruz offered legislation that delayed the onset of new policies and allow the old ones to stay on legally for a year the president said he

would veto it. this is reprehensible that he claims for himself the power to change the law but would veto an effort to make the change lawful. charles: persistent pattern of lawlessness, what role does congress play in this? outside of ted cruz it is like you could hear crickets. where is the descent? where is the outrage? where is it? judge napolitano: congress is becoming like a potted plant. senator mike lee shortly before the interrogation of eric holder is that you just read had a similar q&a with him. senator rand paul is in the same camp, senator marco rubio, ron johnson, they are there as well. besides them republicans and democrats in the senate are pre much willing to roll over, they do not want to bring the president in check. everybody is upset that the new

commissioner of the irs is obama contributing democrat. why did the senate permit this to happen. the congress enables the president to do these things whether it is george bush or barack obama and does these things it is congress's all for giving him the type of discretion that they give to modern-day presidents. the result is a president with the skillful use of executive orders and this is what ted cruz was getting and i was attempting to get at in the fees as we wrote yesterday a president can materially alter federal law by the manner in which he enforces it. he did that with immigration. he is probably going to do it with financial regulations. he is certainly doing it with obamacare. charles: where does this conclude? what is the natural conclusion to give feels like every time we have these discussions ultimately it goes to the supreme court. a lot of damage can be done between now and then.

judge napolitano: depends how deep he goes. he could get into i word territory which is impeachment. i don't think that will happen. the clinton experience was so horrific and arguably took bill clinton's eyes off the ball and allowed usama bin laden to plan and plot 9/11. i don't see it happening but at some point congress must do something. if he says to illegal immigrants i am not going to deport you if you do abc and he makes up the abc the it is not from the statute enacted by congress he has effectively changed the law. that violates his oath. he is doing it to extremes. charles: he stood proud and strong and arrogant in the state of the union address and said boys and girls it is coming. i am doing this my way. i am the imperial president. judge napolitano: we will be having a lot more of these conversations because i think he is going to do it more and more. after his state of the union

speech the other night half-dozen democrats in the senate who are up for reelection all told fox and other cable networks i didn't want to hear that. he is not going to raise funds or campaign for me, period. charles: hope you have a great time. see you back here soon. is there any expectation of privacy when you are on line? one company promisesep your online activity anonymous but can they really give you a guarantee in this environment? we will talk to the ceo coming up next. she loves a lot of the same things you do.

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or difficulty eathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. charles: stock of the day facebook earnings, the company reporting strong growth, mobil up 40% over last year and those skyrocketing 5160. facebook affect, shares of twitter up $60 a share, $63.35, they are rocking. google, lenovo, 2 bling $9 billion but kept a vast majority of pattern that lost a lot of money bet that stock up $30. let's check target. hackers who stole 20 million credit and debit card numbers, to get across and access the

system. strong sales of the drugmaker's there before rare genetic disorder, those shares are significantly higher. next do you have privacy or is it possible to have privacy on the internet? the answer.

charles: there are a weak pc shipments hitting the nasdaq's hot line, 5% quarterly revenue. where are the shares? nicole: down 7%, $22.51 is where it is trading, pc shipments are

weaker and semantic as the manufacturers, usually bundled with the pc to have these security software from semantic so weaker pc shipments parrot semantic ultimately. charles: thanks a lot. anchor free, a company that claims to let users access the web anonymously for a very small fee. is this the price we have to pay for privacy? a anchor free ceo is with us to explain. your service can keep the nsa away? >> our service meant to enable everyone in the world to have a lock to their digital life on line. what does that mean? we basically have an apps called hot spot shield you can download your phone or computer and basically it includes everything you do on line, every mobile application, every e-mail you

sent, social network message, it is all encrypted. your personal identity -- charles: someone has access to the information but don't know it is coming from me. >> they don't have access to information and don't know it is coming from you. your identity is private. charles: i am skeptical. tracy: 100% guaranteed, i am very doubtful and if this was true when your software and i am just challenging you friendly here, and every business in the world would be using this if it was real? >> i don't think anything is guaranteed, we are not targeting businesses. are user base is consumers. we have 200 million consumers that download the application. 200 million consumers. we don't target businesses, 100% of users are consumers.

190 countries, 200 million people download the application hot spot shield to protect their privacy on the internet. what we are doing is every web site people visit becomes encrypted. everything people do online their identity becomes private. to the rest of the world that looks like private user 123. without a carefree the user, you wouldn't know his name or anything else. the whole world would. sandra: what are you charging? >> there is a free version of that and the premium version which includes protection from malware and other threats cost $5 a month for 30 years. charles: here is the thing. you could do -- >> we are doing half of. charles: to incentivize -- are you probably get?

>> since 2009. charles: it sounds absolutely remarkable. maybe we will get someone in our team to try it out. sounds like a tremendous amount of upside. 2 sandra's point i never heard of it before but obviously millions of people have. sandra: what is the reason people want this? they are serving places they don't want people to know they are serving more to protect their identity as far as credit cards? >> there are number of cases, one really popular case is wi-fi security so everyone connecting to a wi-fi network at starbuck for the airport, anybody sitting in the airport or coffee shop can see everything you do on line. using an application would encrypt all your data on wi-fi networks. wi-fi users, in other big news, people travelling internationally and looking to get secure access to home

information. sandra: do you programmer? >> no but i have so many engineers. charles: you made a big splash. we should note for the audience you were the esteban forms as 30 under 30. you are really making it happen. we will try the product out. congratulations. sodas dream is driving a wedge between scarlett johansson and her favorite charity. are really delicious story with some sadness too. tte or au lait? cozy or cool? "meow" or "woof"? everything the way you want it ... until boom, it's bedtime! and your mattress a battleground of thwarted desire. enter the sleep number bed. designed to let couples sleep together in individualized comfort. he's a softy

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charles: scarlet johansson stepped down as ambassador for the humanitarian group after showing her support for an israeli company soda stream. was recently named the first global ambassador for soda stream and says she has a fundamental difference of opinion with the humanitarian group when it comes to trade within israeli settlements. soda stream operates in the west bank of israel. how do you think her throwing support behind a controversial company like this is going to impact her image? sandra: her heart is the big bucks to be sponsor of this soda stream. this commercial has become controversial because they had

to sensory ahead of the superbowl. charles: they censored a scarlet johansson commercial? charles: you are salivating. she was a spokeswoman for a year. liz: she was the brand ambassador for the company, a jewish settlement, in palestine and palestinians in the area. charles: knowing how hollywood liens, could this actually hurt her career? >> i don't think scarlet johansson can do wrong. she is loved by hollywood and is beautiful. charles: you won't get any push back from me on that one. can't do anything wrong. charles: stuart love that movie. stuart varney talked about the state of the union address a lot, the lowest audience at 2,000 averaging 33 million viewers who tuned in to watch

the president. according to nielsen, sandra, are you surprised? these addresses have started to plummet. sandra: the state of the union is becoming less relevant in the internet age. i don't know if we can compare to 20 or 30 years ago. i think everyone tuned into previous president obama state of the union addresses and we never learn anything new, no ground is ever broken. people have started to tune them out as boring and don't watch. charles: that is more to the point. even people who backed president obama aggressively over the last few years feel like there is nothing new and the president has since lived up to many of his grand scheme that all. >> wake of the next morning to hit the highlights n.c.a.a. points, some of this stuff was a retread from prior speeches. to like a fire in the u.s. economy hitting a wall with his

agenda. charles: there was nothing outside of highlighting the heroic army, the guy in the army, that was the only unifying moment of the whole thing. sandra: they sound like a campaign speeches and everything. charles: every time he speaks it does. tell me something positive. i wrote earlier in the week, he should have seen wolf of wall street. at least this guy went -- took a crack the company, got on the phone and made it sound amazing, made it sound you want to invest in it. he takes a great country and gives the state of the union address and sounds crappy. >> you don't want the president to sound -- charles: i want him to sound optimistic. digging into my pocket and i feel i am getting off of the sofa and get behind this. sandra: if he did would you believe him? charles: it would be a step in the right direction.

liz: the president has to come to the sender. can't do his agenda through the bureaucracy with executive orders, he has to do consensus building which he has not been proven to be good at. charles: next, to do that thing like a couple years ago, to have a 3d image of him doing the whole thing if he is going to regurgitated every time. you know the disease invested cruise ship? it will head out to see tomorrow. a question for you guys, would you guys take a ride on it? your take is next. welcome back. how is everything?

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sometimes they just drop in. always obvious. cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advances. charles: we talked earlier about the royal caribbean cruise ship filled with sick passengers. whether or not you would get on the boat when it needs to borrow. gerri says, it makes no difference to me. whatever happens happens. randy says most definitely it

would take me longer than one day to sanitize my home. it is hard to believe that they cleaned the bad boy up. it is a good question. >> they just reported their fourth-quarter profits. i do not think anybody, as far as an investor -- charles: the market is up. i handed to you, dagen. do not drop the ball this time. dagen: our ban on u.s. oil

experts brought and center on capitol hill. the argument for dumping that dan. whether the president should individually take action beard miami dolphins player wants his job back. the text that proves the former teammate was not being harassed on the job. the value of a twitter handle. what name would you pay money for. tomorrow's business today. ordering alcohol online. all that and so much more on this hour of markets now. ♪ connell: that is a pretty