conversation with the ceo of mlb.com. so you want to miss that bob bauman man. i will speak with him in just a few minutes. here is melissa francis. melissa: absolutely. take it away it looks beautiful there i'm so jealous. feeling the heat. apple's so-called enormous year in focus but where are the products? the developers conference is happening right now as we speak. we're there live. it will take a whole lot of bleach to blot out this stain. how a billionaire, golfer superstar and las vegas gambler got caught up in a probe that not even hollywood can make up. let's hope the selfie was worth it. how the nsa is harvesting millions of pictures you're sending in emails and texts. are have you heard about this? even when they say it's not it is always about money. melissa: breaking news right now from the apple worldwide developers conference.

tim cook kicking off with a keynote address. unveiling a new operating system. shares are down slightly. not everyone is impressed with this. joining for our discussion, charlie gasparino, james freeman of "wall street journal" and john has max farris of max funds. fox news contributor. nerd all over the globe converge. i've been to it. it is so nerdy you wouldn't believe it. >> what do you mean? guys walking around, they don't shower? melissa: their pocket protectors have pocket protectors -- >> they don't shower? melissa: i tried not to smell everyone as they walk b they pay 1600 bucks to get in each of them! >> why this bashing of all the nerds. it's a non-violent gathering. melissa: so funny you two are defending nerds. yeah. no bashing nerds. i just wonder like, do you need to pay 1600 bucks to go to the conference and listen to the new developments? >> watch fox business. melissa: newt ios.

streaming, mashable said they thought that would mean something big would come out because they're streaming the speech. so far -- >> nothing. melissa: well, i don't know. >> that is reason you might not want to pay 1600, tim cook is not the show man steve jobs was. melissa: that's true. >> looks like the crowd is a little bit underwhelmed with the technology. melissa: 1600 bucks to breathe in the nerdiness and embrace it and rub shoulders -- did you watch "silicon valley" at all? you get the whole vibe. >> turning people against silicon valley which is a wonderful place that creates lots of -- melissa: i think you might be a giant nerd. >> i don't know enough to be a nerd. >> something about the company they can't gin up that much excitement about this? this is company clearly in transition, and does cook have the chops to take over for the guy. melissa: he needs drai. if only he hydrea out there on the tank.

don't worry about robots taking over the labor force, speaking of nerds. they are ranting about the topic over two dozen tweets over the weekend. do you follow marc andreessen on twitter? somebody needs to take his twitter away from him of the guy spends all of his time tweeting. do you follow him. >> i did. he said something nasty about me once ant i said something nasty back. i said something nasty about him and then he said -- melissa: there you go. >> this is completely self-serving in this sense. marc andreessen invests in robotic technology. that may or may not be talking jobs. he does make a broad point. melissa: many, many broad points. >> excuse me good point and the good point is you need people to build these things. so in a sense there is going to be some sort of infrastructure. melissa: not a one-to-one tradeoff though. you replace like 10 people, because if you look at assembly lines for building cars and stuff you see the few robots they have out there doing it work, it displace as lot of people. some of his great points, he

makes all the milton friedman point. human wants and needs rin fin knit so there is always more to do. he makes a lot of good points. but they will replace the low level jobs. >> they will expand the economy. melissa: that is a good point as well. >> which usually saves jobs. >> he is right. around tweet number six. melissa: that is like 25. wow, are we still talking about this? >> this round of robotics will be a lot fasterrer than previous innovations there are a whole slew of jobs will vanish. i think trucking, driving, in a decade go away. robot cars and trucks. >> wait until a few of them get into car accident. >> it will take a while to adjust it. we'll all learn to do other stuff. melissa: speaking of robots and technology, spacex ceo, elon musk is taking on the industry saying he can put satellites in space less than half of what washington is currently paying. instead of lobbying washington

and saying can i get in on the bidding, he lobs molotov cocktails at them through the internet. >> why i like carl icahn, we'll talk about him and his troubles later, he takes on the establishment a lot. he points out the problem with inner-workings between corporate america and these boards and incestuous relationship. i think he is doing same thing. i didn't know until i read a couple of these articles, when a defense contractor get as big bid they hand off part of the bid to one of their competitors to keep everybody quiet. so there's, that type of collusion is usually bad because it usually leads to higher prices. melissa: right. interior products. >> yes. melissa: what do you think, james? >> if he is offering a lower bid that's great. we should take it if he can really deliver. i'm skeptical about this guy, given tesla model which is not some free market alternative to government. basically a company that exists on taxpayer subsidies. melissa: it doesn't have to. >> really wants to be a market competitor that is great. melissa: but he makes a point he doesn't have to take the

government subsidies. he builds that into the price and it is smart economics. >> you're talking about, talking about taking a loan and paying it back and having credit to buy a carver sus industry existed off the government 100%, remember the days of the, that is beyond just a subsy ditch. that is their whole client is u.s. government. they have been playing games and overbilling for decades since it started. >> this is good. melissa: i want to move on to a very important story. the nation's capitol is also america's fittest city, did you know that? they are moving forward with a sales tax on health clubs. talking about washington, d.c. let's bring in peter barnes who joins us from a fitness club in washington, d.c. peter, are you getting fit. >> i'm already fit. i get all my pointers from charlie. melissa: yes of okay. >> thank you. melissa: what is this yoga tax going on down there? >> well, as you said, melissa, the city council voted last month to apply the nearly 6%

sales tax on goods and products to a number of services including fitness clubs and yoga clubs, bowling alice, car washes and others in order to raise about $60 million for the city budget. of course the gym owners including the owners of vida fitness are fighting this very hard. they say not only will the tax raise prices for customers around discourage a healthy living, it will also perhaps cost jobs as well. melissa: pardon me. what i love about this, this is exact situation where washington is taxing the thing that is working. so they want people to be healthy. wan them to be easier on the health care system. so they get people working out, they decide wait a second, what a great opportunity to tax them! >> i would say that guy on incline bench was using very bad form. but i will say this, you're right. i love it when the fact that

liberal yuppies get taxed, then they absolutely understand what the welfare state is all about. how you can't move without government breathing down your neck. i'm for the yoga tax. melissa: you're all for the yoga tax? tax on water delivery, storage lockers, car washes and bowling alice? these are some -- >> yuppy liberals drink water. >> don't forget tanning salons. melissa: tanning salons. >> that is federal obama care. melissa: peter, how is this being received down there? what do people in the gym think? >> oh, they obviously don't want this. right now they pay on average about $100 a month. they would raise their costs in theory to $106 a month. over 12 months, would be $70 a year. for a lot of members might not hurt them or stop them from coming. for those folks living on a budget, that extra $70 -- >> how many people living on a budget doing yoga? melissa: good point.

>> not just yoga. it's a gym. it's a gym. a lot of folks -- melissa: we've got to go. apple's developer's conference happening right now but were expectations too high? we'll head out to san francisco as investors start to come away a little disappointed. plus what happens when you mix in a billionaire investor, a golfing superstar, into a bottle of bleach? you get a big probe by the fed. you can't make this up. more "money" coming up. ♪

dierdre: shares of apple looking sour as the worldwidevillers conference continues. nicole petallides on floor of the new york stock exchange with more on this one. what are people saying? >> over in san francisco we've been following all the news there. seems nobody is too impressed with this new outlay of operating systems also, for the not only for the ipad and iphone but also for the mac. that is something we're watching. the stock is down at one% at 627.25. we're watching a lot of retailers, melissa, ceo is

selling remaining of the shares, ceo steve berk hold. the question everyone is wondering, why? this stock is horrendous. in 2005 this was $30 stock. got another pop in 2006 and now it is at 3.43 cents. hitting multiyear lows for bebe. some of the analysts are not too hot either. back to you. melissa: that's incredible, the ceo dumbs his stock. there is no clear sign there. nicole, thank you so much. so billionaire, world famous golfer and reknowned gambler, sounds like a setup to an easy punch line. rest assured the investigation into carl icahn, phil mickelson and las vegas better, billy is no joke. mickel for his part is denying all involvement. >> i have done absolutely nothing wrong and that is why i have been fully cooperating with the fbi agents and i'm happy to do so in the future to until

this gets resolved but, for right now, and hopefully it will be soon, for right now i an really can't talk much about it. melissa: back to break it all down, charlie gasparino and james freeman, along with former federal prosecutor fred tecce. i want to start with you, fred. what do they exactly have to prove happened here? >> a lot that i don't think they can prove. i mean i think, the government will need a mulligan on this one if i can be so bold. they have to prove basically that carl icahn provided insider information to billy waters who gave it to phil mickelson if i understand the theory of government's case. that case has more than 18 holes, again if i can be so brave. bottom line, everything screams they don't have anything to prove in this case, including the fact, melissa fbi agents approached phil mickelson at a private airport at teterboro. you gather documents and information. and get someone with criminal liability and squeeze them.

melissa: all kinds of problems. they were looking to do wiretap tapping and they realize the phone company that they wanted to use, blogged in part to icahn? that is not true. >> they didn't have time because they sensed that a story was coming. it turned out our colleagues -- >> i think they leaked it. melissa: you think they leaked the story? >> they leaked the story. melissa: why? >> i know how these things go down. they never had a case. back up a minute. carl icahn talking about shareholder activism is completely legal. melissa: that is what the activists guy do. they have the dinners. they tweet like andreessen. >> that appears all the time. >> right. >> you can't bring an insider trading case on that. now if carl did a tender offer, official action says we're tendering shares at xy and z maybe you could get him on insider trading if he leaked that. here is the thing that you will have to prove mr. walters somehow gave a benefit back to carl. what did he give carl? melissa: why did they leak the story? >> they have nothing and really

want, my view they want to put their stamp down on activist investing. i will say one other thing about this. they did not drop this case because newspaper reports or, they dropped it because did not go forward with the wiretaps not because of newspaper reports or carl owns a telecommunications company. they don't have probable cause. no probable cause. melissa: merck kel son is not squeaky-clean guy. he has been linked to gambling debts and -- >> whatever comes of this -- >> gambling is legal. >> this is terrible idea for a pro athlete to hang out with professional gambler? >> why. people do it all the time. >> why? >> jim -- >> the point is -- >> not a mafia figure. >> i don't think this is putting your stamp on activism to have a case fall apart. >> it is pretty obvious. >> i think -- >> pretty obvious. >> impending news -- >> no way. >> they didn't like the just to one place. they leaked it to multiple --

melissa: let me l back in for a second. we've been saying this is the year of activist investor whether dan loeb and ackman making a lot of noise and next year would be the year of backlash against the activist investor. do you think is the beginning of this and do they keep going after folks like carl? >> number quite honestly the computer or something saw a bun of questionable trades. >> three years ago. >> they started to look into it was nothing. sometimes a cigar is just a cigar. the trades were there. melissa: well -- >> think about how stupid -- let's back up. three years ago they asked carl about these trade, right? it took them three years to go to mickelson. here is how it usually goes. when you go to someone like mickelson and two fbi agents walk up to you, could take out the dog or laundry, we know you committed x, y and z. >> correct. >> if you don't cooperate with us you will spend a lifetime in jail or ten years in jail. that is what. they don't walk up to you, say

we'd like you to help us please. >> correct. melissa: thanks. very entertaining. core question for apple, fresh off its largest acquisition ever. what will apple roll out next? so far, not much. we're live at developer's conference waiting and hoping. a triumph of human ingenuity puts seven wonders of the world to same. the leaning tower of pizza has nothing on the flying drone of pizza! do you ever have too much money? ♪

melissa: the apple worldwide developers conference is happening right now.

jo ling kent live at the moscone center in san francisco where the event is taking place. jo? >> hey, melissa, it is kind of quiet around here. there are 6,000 developers in the moscone center behind me but not a lot of big revolutionary movement from apple. a lot of software updates. tim cook and the head of product is there, delivering new updates to email on ios and the operating system on desktop. what is really interesting, there's a new app for the iphone called the health kit that is coming soon. that is collaboration between mayo clinic and nike and apple to track all of your fitness and vital signs to work together to increase your health. what is interesting about that for investors, that probably indicates there is some hardware coming as we expect later this year. a lot of analysts looking for that to truly revolutionize apple's device collection right now. the other thing that are interesting, itunes they will be able to share the movie you buy, your husband will be able

to get it as well, for no extra price. i-photo will be revolutionized. they're changing that to organize the photos differently across the cloud across all platforms. basically, melissa, only most exciting thing that happened here is called dr. dre which allows you to call from your mac. melissa: let me ask you, when those folks are standing around to go in and there is always a lot of buzz about what to expect. what was the chatter? >> well, there's a chatter about the feature i-beacon reported on in the "wall street journal" this morning that would allow you to move about indoors and basically have a gps indoors. it might help you find a parking spot in a parking garage or auto tour at museum or pay for bill at restaurant. we haven't heard anything about that. they're maybe hoping for home products. what is interesting is a lot of tweaks and improvements they're

talking about here today are actually what some companies are developing as apps. there is a bit of a conflict as well. melissa: jo, thanks so much. let's bring in spencer of the ante from "wall street journal" and our own adam shapiro. people go to these things and expect something. they get dre -- >> your fashion geeks but geeks rule the world these days, you know that. apple is worth over $500 billion. one of the most valuable companies in the world. that is why they get people there my twitter is taken over by apple people. melissa: yes. >> news out there is nice software they're unveiling connect your phones and tablets with pc. melissa: i'm falling asleep while they're explaining these things. >> people want to she new device, new product categories. melissa: something. >> they typically announce those later in the year. they're playing the same script. melissa: i don't think they announced anything in a while. >> this is the best thing since die, kitty die, in the mayoral

election. think about this, i can use a iphone as wi-fi port. if you're in main or montana, have no wi-fi, with you're cell phone through apple or not buying device from cell phone provider, do it right through. that sort past new operating system. when i'm on the mac i can answer the telephone through the mac through the operating system. these are improvement as lot of people will really enjoy. melissa: that is why the stock is shooting higher. no, wait, no it is not. >> i message my brother on the android device from the mac where you couldn't do that. >> apple is really, it's a phone company. more than half of their revenue comes from smartphones. only 12% of the revenue comes from pcs. if they have a bigger new screen phone which could switch people from android, that is what will get people to switch. melissa: waiting to see it. waiting to see it. we've got to go. i'm sorry, guys. got to be cheaper. got it. before i let you go, you have to

sigh this italian restaurant in south mumbai unleashes the 8th wonder of the world, a drone that delivers pizza to your doorstep. did you see this? this is the innovation civilization has been waiting for. evidence suggestions that we don't need pizza to be quite so readily available. witness this gentleman hitting the gym with deep dish pizza as workout partner. look at that. he is eating and kind of crunching. we know planet fitness made a business being judgment-free, nobody needs a slice of pepperoni pizza as spotter right? what do you think? are you speechless? do you do crunches with your pizza. audio of the guy taking video. this is why i hate plan net fitness! he was really mad bit. >> crunches are a waste of tile. melissa: they are? >> why is he paying and then doing this? you want to dot core exercises. don't do crunches. not that i'm a --

>> rule number one of working out, eat after you work out, not while you're working out. melissa: rule number one of working out is, don't eat pizza. >> that is rule number two. melissa: right out the gate. >> kind of refrigerator lunch, open the door, go? >> you can drink but not eat. melissa: at planet pizza giving away pizza. any other gym you would be shamed to leave and revoke your membership. if they make you fatter and fatter you willing member forever. >> he might have have a lawsuit. is that a public -- melissa: good point. wage rage is soaring -- never mind. to new heights. how demands for 15 bucks an hour got tempers flared in the windy city. up next, one debate you can't afford to miss. the so-called beautiful game took an ugly turn. qatar officials claim for outright bribery to win the 2022 world cup and putting the whole future of the tournament in jeopardy. three or four people are upset about that.

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melissa: the dow just off session highs right now, let's go to alan at the cme. what's influencing the trade today, alan? >> i think it's just a little bit of quietness here today after the big surge last week. last week was very impressive, and for me the big issue was the full v recovery we saw in the nasdaq. it came from a 9% selloff that we saw on the 14th of april, 15th of april, came all the way back. so that targets a measured move, push 9% above these recent highs. so there's a lot more upside, in my opinion. and the two stocks i like the most here in the tech world anyway were big dogs in 2013. i like yao and ebay. they both -- yahoo! and ebay. they haven't participated, so look for those to play catch up.

melissa: alan, how do you feel about apple today? do you like it at all? >> oh, yeah, i love apple. my target's up at 690 and then making new highs. it seems to take a little bit of a break after this very quick move, and you're seeing some sell-the-fact type news, but it'll be back in play once again. melissa: alan, thank you so much. seattle is set to vote on raising its minimum wage to $15 an hour. chicago might not be far behind. action now is one group also calling for a hefty raise to $15 from the statewide $8.25. but business leaders are still thinking the hike will hurt a lot more than it'll help. illinois policy institute's john tillman is here along with action now executive director caitlin johnson. thanks to both of you for joining us. caitlin, you conquered $15 an hour. chicago's unemployment rate is 10.9%. isn't this a you have tough time to be raising -- isn't this a

tough time to be raising minimum wage that much? >> recently, reports from the national employment law project and the center for democracy have shown that actually raising minimum wage does not have an impact on employment. you can take an example like what happened in washington which has the highest minimum wage in the country and have seen how their unemployment rate -- melissa: john, do you believe that? >> no. the gold standard in this area is the congressional budget office, and they've shown through their own analysis that raising the minimum wage takes away from jobs. while it does put some money in the pockets of the people who are chosen to get the raises, it takes away jobs from those less advantaged, particularly in chicago. it's not fair to wake away one person's job in order to give someone -- melissa: kate lynn, what would you say to the person who lost their job as a result? >> there actually has been no evidence of it losing jobs -- melissa: do you think that cbo is just totally wrong? is their map wrong? are they being malicious?

>> cbo used, you know, pontifications and things that were not actually based in real-life examples. in real life when people have more money to spend, they spend it immediately, especially on the south and west sides of chicago where people will spend the money, feeding the small business community and feeding the overall economy. melissa: john, does that more money get eaten up by the higher prices those businesses have to charge because they have to pay more? >> that's exactly right. so you raise wages, people who are already working get a mandated raise by the government, so they have a little bit more money in theory, but what happens is the businesses they work for now have higher expenses, and they have to charge higher prices to everybody in the community, including the poor and disadvantaged. and most of all, that money comes out of that business owner's pocket, and those businesses become at risk of going out of business and laying people off. it makes no sense -- melissa: okay, hang on. lawmakers are looking to raise the minimum wage to $10 an hour from $8.25.

would you accept that versus the $15? >> so taxpayers are already subsidizing these corporations. a vast majority of low-wage workers -- melissa: what do you think about $10? i know the talking points, i just want to -- >> chicago is expensive for s who live in chicago recognize, actually, it takes more than $15 to be able to eke out a modest -- melissa: right. i totally agree with you. >> $10 is not enough in chicago. 25% more to live in chicago than it does in illinois. melissa: none of these things are a living wage whether we're talking about 8.25, 10 or 15. what's the solution to the real problem if none of these hourly prices are a real living wage anyway? john, what do you think? what's the solution? >> illinois already has the highest minimum wage than all of our surrounding states and, jeez, ironically, we have the highest unemployment. chicago is an expensive story -- melissa: but, john, what's the answer? what's the answer? >> the answer is to leave the minimum wage right where it is and let the market come back

because you start lowering the cost of government -- >> and then you let people who are in poverty remain shackled to poverty. leaving the minimum wage where it is -- >> that is a red herring. melissa: i'm afraid we didn't solve it, but we'll try again in the future. from the u.s., every corner of the globe money has been flying around the world today start anything qatar which risks losing the world cup in eight year on allegations that officials were bribed, they bribed their way into hosting the games. reports claim that some soccer delegates were given up to $5 million, wow, to win support for qatar's bid. the football fed vegas now considering -- federation is considering a revote to determine a whole new host. over to china which is being blamed from slowing -- for slowing down the whole air industry this year. the iata revised lower global profits for the year saying it's largely due to concerns over china's slowing economy as well as sluggish trade between countries. and be leaving china for mexico, american businesses.

rising labor costs in asia mean that more u.s. manufacturers are taking their operations just south of the border here, having a big effect all around. american trade with the nation has grown nearly 30% since 2010 to more than $500 billion a year. not chump change. the internet used to be forever, but that's all about to change. google's giant eraser to clean up your internet foot print. and we saw london, we saw france. after some racy pictures hit the web, someone's guarding kate middleton's underpants. at the end of the day, it's all about "money." ♪ ♪ stick with innovation.

stick with power. stick with technology. get the flexcare platinum from philips sonicare and save now. philips sonicare ♪ ♪ >> i'm melissa francis with your fox business brief. the third time's a charm for the ism report today after two corrections, the manufacturing index rising to 55.4 in may, that is the fastest pace so far this year. walmart taking the top so the on this year's fortune 500 list. the retailer once again edging out exxonmobil and chevron. while warren buffett's berkshire hathaway at number four with apple rounding out the top five for the first time. and americans shelling out cash like in 2008. a new gallup survey finds consumer spending hit a six-year

high in may, spending an average of $98 a day. gallup noted that spending was lifted in part by a surge of memorial day weekend shopping. that is the latest from the fox business network, giving you the power to prosper. ♪

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melissa: forget me, google. the internet search giant offering an online removal form for citizens in the european union. the page received more than 12,000 requests to be forgotten in just the first 24 hours. here now cybersecurity expert joseph steinberg and attorney alicia hutnick, ask james freeman is back with us as well. joseph, let me start with you. what does this all mean to the rest of us? if google is now erasing pages, we're kind of off to the races with the internet eraser gun. >> well, first of all, this is going to start in the e.u., not in the united states, and they're going to be removing access to a very small number of pages, pages that are no longer relevant or are really -- melissa: they were relevant to 12,000 people who raised their hand and said please erase this about me. what do you think, alicia? >> i think what's critical is that google has to make the judgment here. we're not asking government or individuals, we're saying, google, you decide what's more

important, is it this individual's right to privacy, or does the public -- melissa: are you buying into any of this? >> google doesn't want this authority. melissa: no. they didn't want any part of it. >> this is a total disaster for consumers, the idea that between you and the information you want, there's now a huge layer of lawyers -- melissa: yeah. >> finish who are you going to argue for generations about what the public interest is and what type of information. i guarantee you there are a lot of people who have business and debt problems in the past that they don't want potential business -- melissa: somebody can go online and say anything about you and print it and blog it somewhere, and it's impossible to get it taken down. things that are incorrect. at the same time, you can see people who have committed crimes wiping away things because they don't want that footprint out there. joseph, i'll give you another crack at it. >> we have laws in the united states that already give a right to be forgotten in certain regards. credit information gets removed after a specific period of time. you have laws relating to expunging data from -- melissa: what does that have to

do with this? >> well, in those cases if you take, for example, credit histories which is exactly what happened in the e.u., if somebody has built up good credit and it's 20 years later but a potential creditor or bank officer got to process a loan, sees that they hadn't -- melissa: what does that have to do -- >> you can take a totally different approach here. in the u.s. you've got laws that are focused on specific businesses, right? am i using that information for credit and employment insurance? in the e.u. they've got one size fits all, and it's do you want the sledge harmer of the scalpel? melissa: we've got to go. liz claman, what do you have coming up? liz: well, we are watching apple second by second because the worldwide developers conference is coming up. now, what you've seen as it occur ands as the new headlines come out of it all day and tomorrow, we are going to not only get you tick by tick moves on what tim cook says, but we're going to bring in brian from

morning star and ed coward of eagle asset managements who owns 330,000 shares worth of apple. did they hear what they needed to hear? the stock is down right now, it has completely reversed. we're seeing exactly what comes out of it. and on top of it as i know you have covered this, phil mickelson, the vegas better and, of course, carl icahn story. charlie gasparino's back, but this time we're pairing him with a former federal prosecutor, doug burns, and paul miller. he's a just former special attorney. how do they start to look at suspicious trades, and how suspicious is this one really? all of this and more and, of course, the records of the s&p might hit again today. melissa: liz, thanks so much. the attention that comes from wearing a royal crown can be a royal pain in the, well, you know. just ask kate middleton after this picture made an unexpected appearance online.

palace officials reportedly enlisted a, quote, female minder to guard the duchess' london bridge full time. no word on the identity of the bodyguard who will be protecting the monarchy's backside. james, would you like a crack at this one? >> i definitely want a crack at the writing job on in this show. melissa: we do have a really good time. we knew this story was us. there's a money angle in there somewhere, job creation. they're creating jobs. >> well -- melissa: to watch the princess' bottom and make sure the rest of the world doesn't see it. >> it's probably going to be bad for jobs online, because i know the picture generated a lot of traffic, sold a lot of advertising. melissa: did it? were you looking -- >> i'm not -- [laughter] [inaudible conversations] one of those stories -- melissa: you didn't mean to, it just -- okay. go recover, james. thank you so much. you're a good sport.

say cheese, the, this sa -- nsa is at it again, getting up close and personal with facial recognition technology, take and store millions of pictures of people. our favorite judge is here to weigh in. you can never have too much "money." ♪ ♪ (mother vo) when i was pregnant...

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♪ ♪ melissa: whether it's on wall street or main street, here's who's making and losing money today starting with a rough day for groupon, shares of the coupon site heading straight to the discount aisle falling more than 4% today. that wouldn't put co-founder andrew mason in a sharing mood, he lost about $be $3.6 million. how about angelina jolie?

a $70 million box office debut, easily best performance of the weekend. must feel good to be bad. and giving up some major money, the california man who returned a six-figure sack of cash that he found in the street. 52-year-old joe cornell saw a bag of money falling out of the back of an armored brinks truck, and he gave the $125,000 back to the rightful owner. i can't believe it. brinks thanked cornell by giving him $5,000. well, it's something, i guess, and donating $5,000 to the charity where he works. wow. all right. hope you're ready for your close-up. new documents reveal the national security agency is at it again, storing millions of images of people that it's taken using facial recognition technology. the agency, of course, says this is all in the name of safety. it can help locate dangerous targets around the world, what they always say. they are listening to your phone calls, now they're looking at

your pictures too. how worried should you be? judge andrew napolitano joins me now. i was so disturbed when i read about this because it's not spy satellites taking pictures of you, or they're intercepting, you know, the pictures we're taking of each other, sending the family. it's one thing to post it on facebook, you are putting it out there. but you send in a text a family know toe to a family member, they're intercepting -- >> it shows you to the extent which the government blatantly violates the constitution and cares nothing for the harm that something like this can cause. it's one thing for them to listen to you and me as we talk on the phone. clearly unconstitutional. but if you say, by the way, look at this adorable picture of my child or of my niece or of my nephew, government is capturing that and then comparing it with other pictures. they take these pick you areture -- pictures and pix late them. which they can then use to match

against other photographs of the same person. bottom line, there seems to be no depth to which they will not sink in violating our privacy. yes. melissa: it's something new every day. i mean, have they stopped, has any good come of all this? have they stopped any acts of terror? >> >> well, general alexander, who recently retired as the head of the nsa, was asked that question. he said we stopped 57 terrorist plots. the next day he wrote a chairman chairman -- a letter to the chairman of the committee, he said i have to amend, three. the chairman said tell us the three, he said, i can't tell you. this has been looked at one judge, who found it constitutional, another judge who didn't. both judges told me zero. and boast of the privacy commissions told us zero plots they shopped. so this is, basically, if you read glenn greenwald's book on this, the government capturing all it can because it believes that it's looking for a needle in a haystack and, therefore, it

has to have every piece of straw this that haystack, and that's not conceivable under our constitution. melissa: we're supposed to be getting a list of people being targeted? >> it looks like it's going to come out this week. this is a list of americans not involved in terrorist activity who, never theless, were targeted by the nsa. this is from glenn greenwald who got -- melissa: come back when that happens. >> i wonder if we'll know any names. melissa: the summer of the man thigh gets some competition. guys, it is time to roll up those pants because mankle season is officially upon us. it's about your ankles. at the end, it's all about fabulous socks. ♪ ♪ i ys say be thman with the plan

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>> brace yourself, ladies. it is that time of year where many men choose to suddenly expose their ankles but at the same time the business of men's soccer fashion is taking off. this year alone style conscious shoppers spent $3 billion on socks. what is a man to do? you know, they say fox is all about the ladies legs. we're turning the table on you gentlemen. i don't think he is going to be able to say anything. >> i don't want to distract any ladies in the building. this answer a lot of questions for me because went out last friday night, she was very common entry of my appearance you and i had the suburban gear pants. i realize now i didn't have socks on.

melissa: there are rules about going socks less in the summer. i have to be toned and can unless you're going to put on -- no tan lines. >> who knew rob kardashian was onto something with the different colored socks. men in 2013 spent almost 6% more than the women on socks, this is really something. melissa: to me this is like the short short segment we did. i think this is one of those things the fashion industry is doing and regular men have absolutely no idea what is going on. do you have any idea you were supposed to be wearing rainbow socks, did you have any idea you were totally missing this trend? >> i have been going to the eliot spitzer conference. this is all new for me.

melissa: that may do it for us. i am not sure i can top that. thank you to both of you for joining us. the big debut of "making money with charles payne." in the meantime i hope you're making money today. "countdown" starts right now. liz: calling it an adjustment error. they revise the made in manufacturing number higher just a short time after releasing its report and the market welcome the surprise. will the record continue? carl icahn usually makes his own splash with his activist investing moves but now he is sharing a wave of headlines with a famous sports better. what is at stake? a former prosecutor and our very own charlie gasparino all over the story. apple moment of truth, tech giant worldwide developers conference kicks off today