PGA Tour's season opener delayed again


KAPALUA, Hawaii (AP) — For those who think the PGA Tour season never ends, here's a new twist: This one can't get started.


For the second straight day, the Tournament of Champions was postponed Saturday because of gusts topping 40 mph that made it impossible to play. Some holes on the back nine are so exposed that when officials dropped a golf ball on the green, it actually rolled up uphill.


The tournament was supposed to begin Friday. The plan is to play 36 holes Sunday and get in 54 holes by Monday afternoon, making it likely that the Tournament of Champions will be decided over 54 holes for the first time since 1997 when it was at La Costa.


Unlike Friday, when 24 players at least teed off, no one hit a shot on the Plantation Course on Saturday.


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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Greece Tax Scandal Shifts Focus From Collection Problem





The tax scandal that reignited in Greece over the holidays had all the makings of a grade-B drama. A former finance minister, George Papaconstantinou, was accused of scrubbing his relatives’ names from a CD containing the identities of thousands of possible Greek tax dodgers. Within hours, his chief political rival tossed him from their party.







Thanassis Stavrakis/Associated Press

George Papaconstantinou, a former finance minister, was accused of scrubbing relatives’ names from a CD with the identities of possible tax dodgers.






Mr. Papaconstantinou, in turn, hinted darkly that he was the victim of a plot masking malfeasance at higher levels.


While the firestorm may have made for political theater of a sort, it has diverted attention from a much bigger problem: Greece, its foreign lenders say, has fallen woefully short of its tax collection targets and is still not moving hard enough to tackle widespread tax evasion — long tolerated, particularly among the country’s richest citizens.


Greek officials agreed to the targets as part of an international lending pact last year, but there is no penalty for missing them. In recent weeks, however, two reports by Greece’s foreign lenders have found that Athens pulled in less than half of the additional tax income that it expected last year and performed fewer than half of the expected audits.


One report said that Athens had brought in a little less than $1.3 billion in additional taxes of the $2.6 billion it had hoped to collect in 2012. Only 88 major taxpayers, including corporations, were the subject of full-scope audits, well below a target of 300, the report said, while just 467 audits of high-wealth individuals were completed, compared with a goal of 1,300.


The fragile, three-party coalition government of Prime Minister Antonis Samaras continues to vow it will crack down on corruption and tax evasion, but a blunt assessment last month by a task force of Greece’s foreign lenders said, “These changes have not yet been reflected in results in terms of improved tax inspection and collection.” Analysts say the failure to pursue tax evaders aggressively is deepening social tensions. “It’s a weak government with very difficult work to do, and this is very, very bad for the morale of the people,” said Nikos Xydakis, a political columnist for Kathimerini, a daily newspaper. “This year will be hell for the middle-class people. And the rich people are untouchable. This is very bad.”


In a separate report, the European Union and the International Monetary Fund said they were concerned that the “authorities are falling idle and that the drive to fight tax evasion by the very wealthy and the free professions is at risk of weakening.”


The report added that total unpaid taxes amounted to nearly $70 billion, about 25 percent of Greece’s gross domestic product. But only about 15 percent to 20 percent of the amount is actually collectible, either because the statute of limitations has run out or the scofflaws do not have the money.


It pressed Greece to focus on the cases most likely to produce real revenues, especially in vocations where tax evasion has become pernicious. “Doctors and lawyers are a good place to start,” it said.


Critics, especially the leftist party Syriza, which leads in opinion polls, say the government has not done enough to stop corruption because its members are tied to the country’s business elite and do not want to jeopardize their political careers.


“The problem is not simply tax evasion among the rich,” said Zoe Konstantopoulou, a member of Parliament from Syriza who serves on a panel investigating the so-called Lagarde list, a compilation of more than 2,000 Greeks with accounts in a Swiss branch of HSBC that had been sent to Mr. Papaconstantinou in 2010 by Christine Lagarde, then the finance minister of France. “The problem is tax evasion among the rich with the complicity and the aiding and abetting of those who govern.”


While Greece received a badly needed $45 billion in aid last month to help it avoid defaulting on its debts, critics say that unless Athens can more forcefully tap the billions it is owed in taxes, it will never pay off its debts, even if its moribund economy eventually starts to recover.


A dysfunctional bureaucracy weakened by budget cuts, two destabilizing rounds of elections last spring and an economy decimated by austerity have hampered tax collections further. But a thicket of regulations and a culture of resistance also fuel a shadow economy that includes an estimated 25 percent of economic activity.


Liz Alderman reported from Paris, and Rachel Donadio from Rome. Niki Kitsantonis contributed reporting from Athens.



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Afghan Soldier’s Journey From Friend to Killer of Americans


Video Image via Site Monitoring Service


Mahmood is shown being welcomed by the Taliban after he opened fire on American trainers in Kunar Province.







KABUL, Afghanistan — It was only after the young Afghan soldier’s hatred of Americans had grown murderous that he reached out to the Taliban.




The soldier, named simply Mahmood, 22, said that in May he told the insurgents of his plan to shoot Americans the next time they visited the outpost where he was based in northeastern Afghanistan. He asked the Taliban to take him in if he escaped.


The Taliban veterans he contacted were skeptical. Despite their public insistence that they employ vast ranks of infiltrators within the Afghan Army and the police, they acknowledged that many of the insider attacks they take credit for start as offers by angry young men like Mahmood. They had seen many fail, or lose their nerve before even starting, and they figured that Mahmood, too, would prove more talk than action or would die in the attempt.


“Even the Taliban didn’t think I would be able to do this,” Mr. Mahmood said in an interview.


He proved them wrong days later, on the morning of May 11, when he opened fire on American trainers who had gone to the outpost in the mountains of Kunar Province. One American was killed and two others were wounded. Mahmood escaped in the ensuing confusion, and he remains free in Kunar after the Taliban welcomed him into their ranks.


It was, he said, his “proudest day.”


Such insider attacks, by Afghan security forces on their Western allies, became “the signature violence of 2012,” in the words of one former American official. The surge in attacks has provided the clearest sign yet that Afghan resentment of foreigners is becoming unmanageable, and American officials have expressed worries about its disruptive effects on the training mission that is the core of the American withdrawal plan for 2014.


“It’s a game changer on all levels,” said First Sgt. Joseph Hissong, an American who helped fight off an insider attack by Afghan soldiers that left two men in his unit dead.


Cultural clashes have contributed to some of the insider attacks, with Afghan soldiers and police officers becoming enraged by what they see as rude and abusive behavior by Americans close to them. In some cases, the abusive or corrupt behavior of Afghan officers prompts the killer to go after Americans, who are seen as backing the local commanders. On rare occasions, like the killing of an American contractor by an Afghan policewoman late last month, there seems to be no logical explanation.


But behind it all, many senior coalition and Afghan officials are now concluding that after nearly 12 years of war, the view of foreigners held by many Afghans has come to mirror that of the Taliban. Hope has turned into hatred, and some will find a reason to act on those feelings.


“A great percentage of the insider attacks have the enemy narrative — the narrative that the infidels have to be driven out — somewhere inside of them, but they aren’t directed by the enemy,” said a senior coalition officer, who asked not to be identified because of Afghan and American sensitivities about the attacks.


The result is that, although the Taliban have successfully infiltrated the security forces before, they do not always have to. Soldiers and police officers will instead go to them, as was the case with Mr. Mahmood, who offered a glimpse of the thinking behind the violence in one of the few interviews conducted with Afghans who have committed insider attacks.


“I have intimate friends in the army who have the same opinion as I do,” Mr. Mahmood said. “We used to sit and share our hearts’ tales.”


But he said he did not tell any of his compatriots of his plan to shoot Americans, fearing that it could leak out and derail his attack. The interviews with Mr. Mahmood and his Taliban contacts were conducted in recent weeks by telephone and through written responses to questions. There are also two videos that show Mr. Mahmood with the Taliban: an insurgent-produced propaganda video available on jihadi Web sites, and an interview conducted by a local journalist in Kunar.


Though Mr. Mahmood at times contradicted himself, falling into stock Taliban commentary about how it had always been his ambition to kill foreigners, much of what he said mirrored the timelines and versions of events provided by Taliban fighters who know him, as well as Afghan officials familiar with his case.


Mr. Mahmood grew up in Tajikan, a small village in the southern province of Helmand. The area around his village remains dominated by the Taliban despite advances against the insurgents made in recent years by American and British troops. Even Afghans from other parts of Helmand are hesitant to travel to Tajikan for fear of the Taliban.


Sangar Rahimi and Jawad Sukhanyar contributed reporting from Kabul, and an employee of The New York Times from Asadabad.



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EU says its Google case not affected by U.S. ruling






BRUSSELS (Reuters) – A decision by U.S. regulators to end a probe into whether Google Inc hurt rivals by manipulating internet searches will not affect the European Union‘s examination of the company.


“We have taken note of the FTC (Federal Trade Commission) decision, but we don’t see that it has any direct implications for our investigation, for our discussions with Google, which are ongoing,” said Michael Jennings, a spokesman for the European Commission, the EU executive.






U.S. regulators on Thursday ended their investigation into the giant internet company, which runs the world’s most popular search engine.


Other internet companies, such as Microsoft Corp, had complained about Google tweaking its search results to give prominence to its own products. But the FTC said there was not enough evidence to pursue a big search-bias case.


The European Commission has for the past two years been investigating complaints against Google, including claims that it unfairly favored its own services in its search results.


Google presented informal settlement proposals to the Commission in July. On December 18 the Commission gave the company a month to come up with detailed proposals to resolve the investigation.


If it fails to address the complaints and is found guilty, Google could eventually be fined up to 10 percent of its revenue – a fine of up to $ 4 billion.


(Reporting By Ethan Bilby; Editing by Sebastian Moffett and David Goodman)


Tech News Headlines – Yahoo! News





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Reid arrives in KC, nears deal to become coach


KANSAS CITY, Mo. (AP) — Andy Reid arrived in Kansas City on Friday, and the Chiefs are close to making an official announcement that he will become their next coach.


Reid and the Chiefs have reportedly agreed to a deal giving the longtime Eagles coach broad authority over football decisions. His deal came hours after the Chiefs announced they had parted with general manager Scott Pioli after four tumultuous seasons.


Reid inherits a team that went 2-14, matching the worst record in franchise history. But he'll also have the No. 1 pick in the NFL draft, and with five players voted to the Pro Bowl, Kansas City has building blocks in place to make a quick turnaround.


While Reid will have authority in personnel decisions, it's expected that he will pursue longtime Packers personnel man John Dorsey to work with him as general manager.


Reid takes over for Romeo Crennel, who was fired Monday after one full season.


The Chiefs first interviewed Reid for about nine hours in Philadelphia on Wednesday, and then spent much of Thursday working out the details before coming to an agreement.


The addition of Reid and the departure of Pioli should help to stabilize a team that was expected to contend for the AFC West title but instead floundered all season.


Reid has experience turning around franchises, too.


He took over a team in Philadelphia that was just 3-13, but two years later went 11-5 and finished second in the NFC East. That began a stretch of five straight years in which Reid won at least 11 games and included a trip to the Super Bowl after the 2004 season.


During his tenure, the Eagles made nine playoff appearances, while Kansas City made three, and won 10 playoff games — something the Chiefs haven't done since 1993. Meanwhile, the Chiefs cycled through five head coaches and are now on their third in three years.


"Overall the job is still attractive," said Chiefs chairman Clark Hunt, who led the search for Crennel's replacement. "The franchise remains very well respected."


The fresh start afforded by the Chiefs should be welcomed by Reid.


Despite a 130-93-1 record and the most wins in Eagles history, he was just 12-20 the past two seasons. Reid also dealt with personal tragedy when his oldest son, Garrett, died during training camp after a long battle with drug addiction.


Reid will have more authority in Kansas City than any previous coach.


Hunt told The Associated Press this week that he was changing the Chiefs' organizational structure so that the coach and general manager report directly to him. Since his late father Lamar founded the team 53 years ago, the coach typically reported to the general manager.


The Chiefs issued a statement Friday that said they had "mutually parted ways" with Pioli after a four-year tenure marked by poor draft choices, ineffective free-agent moves, his own failed coaching hires and a growing fan rebellion.


"The bottom line is that I did not accomplish all of what I set out to do," Pioli said. "To the Hunt family — to the great fans of the Kansas City Chiefs — to the players, all employees and alumni, I truly apologize for not getting the job done."


Most of the Chiefs' top stars were drafted by Pioli's predecessor, Carl Peterson. The former Patriots executive struggled to find impact players, particularly at quarterback, while cycling through coaches and fostering a climate of dread within the entire organization.


Numerous longtime staff members were fired upon Pioli's arrival, and his inability to connect with fans resulted in unprecedented unrest. Some fans even paid for multiple banners to be towed behind planes before home games asking that he be fired.


On Dec. 1, linebacker Jovan Belcher shot the mother of his 3-month-old daughter, Kasandra Perkins, at a home not far from Arrowhead Stadium. Belcher then drove to the team's practice facility and shot himself in the head as Pioli and Crennel watched in the parking lot.


Pioli hasn't spoken publicly since the incident.


The three-time NFL executive of the year, all with New England, often spoke of putting together "the right 53," but he failed to do so, and now it falls on Reid and his staff to finish the job.


The most glaring position of need is quarterback.


Matt Cassel has two years left on a $63 million, six-year deal, but he played so poorly this season that he was benched in favor of Brady Quinn, who is now a free agent.


It's expected that the Chiefs will pursue a veteran quarterback while also choosing one in the draft, giving Reid options in training camp. Reid has had success working with young quarterbacks, including Brett Favre in Green Bay and Donovan McNabb in Philadelphia.


Decisions will also have to be made about left tackle Branden Albert, wide receiver Dwayne Bowe and even Pro Bowl punter Dustin Colquitt, all of whom can become free agents.


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Well: Vegan Recipes for Health

If one of your goals for 2013 is more healthful eating, the Recipes for Health columnist Martha Rose Shulman can get you started. She has proposed five delicious vegan meals for the New Year that may also save you some money. She writes:

Here is a New Year’s project for you. Take an inventory of your pantry, freezer and refrigerator and cook for a week without buying anything except items that you and your children may consume on a daily basis (for me that means bananas). That is what I’m doing this week, and I have decided that I will also make my meals vegan.

Here are some of the items ending the year in my pantry, freezer and produce bins: quinoa (regular, red and rainbow); a bag of mixed dried sprouted lentils packaged by Tru Roots (“Sprouted Lentil Medley”); a bag of yellow lentils (toor dal) from the Indian grocery store across the street (how handy that Mark Bittman had inspired me to explore the world of dals with his New York Times Magazine article in early December); rice in various colors – brown, Alter Eco’s purple jasmine; red Bhutanese; wild, Arborio and basmati; a bag of black beans; rice noodles; farro. I have had a big acorn squash lying around for over a month now, and in my refrigerator there are a few carrots, half of a purple cabbage, tofu, celery, beets and beet greens and a red pepper. There are various frozen stocks in my freezer, including a vegan pho broth from my recipe tests of a few months ago.

This is a healthy, hearty and inexpensive way to begin the New Year and we have been eating extremely well. In fact there is enough on hand that I might extend this to a two-week exercise.

Here are five vegan meals from the pantry to get you started on a year of healthful eating.

Quinoa With Spiced Lentil Dal: A dal that is spiced up by a little bit of cayenne.


Warm Lentil Salad With Balsamic Roast Squash: A lentil salad with a cumin-scented vinaigrette.


Vegan Pho With Carrots, Noodles and Edamame: A pho without some traditional ingredients is still very much pho.


Rice Bowl With Sweet and Sour Purple Cabbage, Red Peppers and Baked Marinated Tofu: A colorful dish that uses up any sticky rice left in your pantry.


Enfrijoladas: A simple delicious dish that will use up corn tortillas in your freezer and black beans from the pantry.


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Europe Likely to Be Harder on Google Over Search








SAN FRANCISCO — By some accounts, the United States let Google off the hook by finding that the technology giant had not abused its dominance in the Internet search market.




Few expect the European antitrust watchdog to be as lenient.


The Federal Trade Commission ruled Thursday that Google had not broken antitrust laws, after a 19-month inquiry into how it operates its search engine. But the European Commission, which is pursuing assertions that the company rigs results to favor its own businesses, operates according to a different standard.


The agreement with the American authorities, analysts and competition lawyers say, is unlikely to alter the demands of European regulators, led by the E.U. competition commissioner, Joaquín Almunia.


“We have taken note of the F.T.C. decision, but we don’t see that it has any direct implications for our investigation, for our discussions with Google, which are ongoing,” said Michael Jennings, a spokesman for the European Commission in Brussels.


Faced with nearly $4 billion in possible penalties and restrictions on its business in Europe, Google in July submitted proposals to remedy the concerns of the European Commission, which covered four areas. In its deal with the F.T.C., Google made concessions in two of those areas but was not required to do so in the rest.


A Google spokesman, Al Verney, declined to comment on the content of the company's proposals to Mr. Almunia but said it would “continue to work cooperatively with the European Commission.”


The Google case underscores a basic difference between the European and U.S. approaches to monopoly power. American antitrust regulators tend to focus on whether a company’s dominance is harmful to consumers; the European system seeks to maintain competitors in the market. Mr. Almunia has vowed to restore competition to the Internet search business in Europe.


“History shows that competition law is applied to monopoly power more stringently in the E.U. than in the U.S.,” said Jacques Lafitte, head of the competition practice at Avisa Partners, a consultancy in Brussels, who brought one of the original complaints against Google. “Whether the E.U. is right or not is a different question.”


Mr. Lafitte has some expertise in the matter. He is the former head of corporate affairs at Microsoft Europe and watched as that company did battle with regulators over its dominant computer operating system. Microsoft won a lenient settlement with the U.S. Justice Department in October 2001, he noted, only to be slapped with nearly €1.6 billion, or $2.1 billion, in E.U. fines and penalties from 2004 to 2008.


Google learned from Microsoft’s mistakes, engaging in discussions with both the U.S. and European authorities to reach a deal rather than fighting a desperate legal action. That approach appears to have paid off: Last month, after a meeting with Eric E. Schmidt, Google’s executive chairman, Mr. Almunia said that the sides had “substantially reduced our differences.”


In its deal with the F.T.C., Google agreed to make concessions in two areas that concern European regulators. In one, it will allow rivals to opt out of allowing Google to “scrape,” or copy, text from their sites. It is probable that Google will offer the same concession to European authorities.


But in a second area of European concern — whether Google deliberately favors its own content in search results — the F.T.C. did not require changes.


Mr. Almunia has also demanded that Google put fewer restrictions on advertising distribution deals, an area that his U.S. counterparts did not explore.


The company will make a detailed set of proposed remedies in January, after which the European Commission will allow the complainants to review them in a period of what is known as “market testing.” Antitrust lawyers say a final denouement could arrive by spring, depending on how hostile Google’s rivals are to the proposed remedies.


FairSearch, an alliance of Google rivals, accused the U.S. trade commission of rushing its decision. It said in a statement that closing the F.T.C. investigation “with only voluntary commitments from Google is disappointing and premature.”


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Obama Signs Defense Bill, With Conditions





WASHINGTON — President Obama set aside his veto threat and late Wednesday signed a defense bill that imposes restrictions on transferring detainees out of military prisons in Afghanistan and Guantánamo Bay, Cuba. But Mr. Obama attached a signing statement claiming that he has the constitutional power to override the limits in the law.




His move awakened a dormant issue from Mr. Obama’s first term: his broken promise to close the Guantánamo prison. Lawmakers intervened by imposing statutory restrictions on transfers of prisoners to other countries or into the United States, either for continued detention or for prosecution.


Now, as Mr. Obama prepares to begin his second term, Congress has tried to further restrict his ability to wind down the detention of terrorists worldwide, adding new limits in the National Defense Authorization Act of 2013, which lawmakers approved in late December.


The bill extended and strengthened limits on transfers out of Guantánamo to troubled nations like Yemen, where the bulk of the remaining low-level detainees who have been cleared for repatriation are from. It also, for the first time, limited the Pentagon’s ability to transfer the roughly 50 non-Afghan citizens being held at the Parwan prison at Bagram Air Base in Afghanistan at a time when the future of American detention operations there is murky.


Despite his objections, Mr. Obama signed the bill, saying its other provisions on military programs were too important to jeopardize. Early Thursday, shortly after midnight, the White House released the signing statement in which the president challenged several of its provisions.


For example, in addressing the new limits on the Parwan detainees, Mr. Obama wrote that the provision “could interfere with my ability as Commander in Chief to make time-sensitive determinations about the appropriate disposition of detainees in an active area of hostilities.”


He added that if he decided that the statute was operating “in a manner that violates constitutional separation of powers principles, my administration will implement it to avoid the constitutional conflict” – legalistic language that means interpreting the statute as containing an unwritten exception a president may invoke at his discretion.


Saying that he continued to believe that closing the Guantánamo prison was in the country’s fiscal and national security interests, Mr. Obama made a similar challenge to three sections that limit his ability to transfer detainees from Guantánamo, either into the United States for prosecution before a civilian court or for continued detention at another prison, or to the custody of another nation.


It was not clear, however, whether Mr. Obama intended to follow through, or whether he was just saber-rattling as a matter of principle. Mr. Obama had made a similar challenge a year ago to the Guantánamo transfer restrictions in the 2012 version of the National Defense Authorization Act, but – against the backdrop of the presidential election campaign – he did not invoke the authority he had claimed.


Andrea Prasow, senior counterterrorism counsel and advocate at Human Rights Watch, which advocates closing Guantánamo, criticized Mr. Obama for not vetoing the legislation despite his threat to do so.


“The administration blames Congress for making it harder to close Guantánamo, yet for a second year President Obama has signed damaging congressional restrictions into law,” she said. “The burden is on Obama to show he is serious about closing the prison.”


Signing statements are official documents issued by a president when he signs bills into law that instruct subordinates in the executive branch about how to implement the new statutes. In recent decades, starting with the Reagan administration, presidents have used the device with far greater frequency than in earlier eras to claim a constitutional right to bypass or override new laws.


The practice peaked under President George W. Bush, who used signing statements to advance sweeping theories of presidential power and challenged nearly 1,200 provisions over eight years – more than twice as many as all previous presidents combined.


The American Bar Association has called upon presidents to stop using signing statements, calling the practice “contrary to the rule of law and our constitutional system of separation of powers.” A year ago, the group sent a letter to Mr. Obama restating its objection to the practice and urging him to instead veto bills if he thinks sections are unconstitutional.


As a presidential candidate, then-Senator Obama sharply criticized Mr. Bush’s use of the device as an overreach. Once in office, however, he said that he would use them only to invoke mainstream and widely accepted theories of the constitutional power of the president.


In his latest signing statement, Mr. Obama also objected to five provisions in which Congress required consultations and set out criteria over matters involving diplomatic negotiations about such matters as a security agreement with Afghanistan, saying that he would interpret the provisions so as not to inhibit “my constitutional authority to conduct the foreign relations of the United States.”


Mr. Obama raised concerns about several whistle-blower provisions that protected people who provide certain executive branch information to Congress from reprisals — including employees of contractors who uncover waste or fraud, and officials raising concerns about the safety and reliability of nuclear stockpiles.


He also took particular objection to a provision that directs the commander of the military’s nuclear weapons to submit a report to Congress “without change” detailing whether any reduction in nuclear weapons proposed by Mr. Obama would “create a strategic imbalance or degrade deterrence” relative to Russian stockpiles.


The provision, Mr. Obama said, “would require a subordinate to submit materials directly to Congress without change, and thereby obstructs the traditional chain of command.”


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Can the Government Really Ban Twitter Parody Accounts?






Arizona is entertaining a law that will make it a felony to use another person’s real name to make an  Internet profile intended to “harm, defraud, intimidate or threaten,” which to some sounds like a law against parody Twitter accounts. The legislation, if passed, would make Arizona one of a few states, including New York, California, Washington and Texas, to enact anti-online-impersonation laws. If these regulations seek to put a stop to fake representations online, that does sound like the end of fake celebrity baby accounts and Twitter death hoaxes. Then again, these laws have existed in these other places for years, and that hasn’t stopped the faux accounts from coming in. So what then does this mean?


RELATED: The Army’s Social Media Industrial Complex






What kind of stuff is the law intended to prosecute?


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The law does not say that all uses of another person’s real name can be charged as a felony, but only profiles made for the more nefarious purposes fall into that territory. The legislation is  targeted at more serious forms of impersonation, like cyber bullying. Two Texas teens were arrested and charged under this law for creating a fake Facebook page to ruin a peer’s reputation, for example. Or, the case of Robert Dale Esparza Jr. who created a fake profile of his son’s vice principal on a porn site might fall under this law, suggests The Arizona Republic‘s Alia Beard Rau. Or, in one of the cases brought to court under the Texas version of this law, an Adam Limle created websites that portrayed a woman he used to date as a prostitute. (The case was eventually dropped because of a geographical loophole. Limle lived in Ohio, not Texas.) 


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Okay, the harm and threat in those situation is pretty clear. How can it at all apply to something relatively harmless, like a Twitter parody account? 


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The term “harm” is pretty vague, as this Texas Law blog explains, referring to that state’s version of this legislation, on which Arizona based its own law. “‘Harm’ can be very broadly construed–one person’s joke is another person’s harm,” writes Houston lawyer Stephanie Stradley. 


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So, that could extend to parody accounts then? 


Well, possibly. Stradley suggests that politicians who had parody accounts created to mock them might have a case. Some of the impersonation of Texas lawmakers has gone beyond just the jokey fake Twitter handle. Jeffwentworth.com is not the official site for Texas state senator, but rather redirects to the web site of the anti-tax advocate group Empower Texans which considers the San Antonio politician the “the most liberal Republican senator in Austin.” Wentworth told The New York Times this domain squatting amounted to “identity theft,” and could be the basis for the law’s usage. 


The law could also possibly effect sillier parody accounts, suggest privacy advocates. “The problem with this, and other online impersonation bills, is the potential that they could be used to go after parody or social commentary activities,” senior staff attorney for the Electronic Frontier Foundation Kurt Opsahl told The Arizona Republic’s Alia Beard Rau. ”While this bill is written to limit ‘intent to harm,’ if that is construed broadly, there could be First Amendment problems.”


Ok, but what about precedent? Has the law ever applied to a faux Twitter handle? 


Twitter has its own parody policy that mitigates a lot of the possible damage that could ever lead to a court case. Saint Louis Cardinals manager Anthony La Russa sued Twitter in 2009 because of a made-up account, but the account was removed before the case went anywhere (And that was before these laws went into effect.) 


But it’s not clear that parody would ever be considered harmful enough for the law. When California’s version went into effect, a first amendment lawyer suggested to SF Weekly‘s Joe Eskenazi that jokes could go pretty far without prosecution. “You’re going to have to have room for satire,” he said. The account would have to look fool people, he argued. “A key question is, ‘is it credibile?’” asks Simitian. “Do people who read it think it’s him?” Because of our increasing skepticism of things on Twitter, unless the site has verified checkmark, it’s unlikely that most people believe in a fake account for long. So, unless the imitation tweeter does something extremely harmful to someone’s character, it doesn’t sound like anyone would have a strong case. Alas, parody Twitter accounts, for better or worse (worse, right?) are here to stay. 


Social Media News Headlines – Yahoo! News





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