Who's who in the Petraeus scandal
Label: Business
Afghan killings case testing military system
Label: WorldJOINT BASE LEWIS-McCHORD, Wash. (AP) — The U.S. military has been criticized for its spotty record on convicting troops of killing civilians, but a hearing against Army Staff Sgt. Robert Bales involving a massacre in Afghanistan has shown that it isn't like most cases.
Government prosecutors have built a strong eyewitness case against the veteran soldier, with troops recounting how they saw Bales return to the base covered in blood. And in unusual testimony in a military court, Afghan civilians questioned via a video link described the horror of seeing 16 people killed, mostly children, in their villages.
Law experts say the case could test whether the military, aided by technology, is able to embark on a new era of accountability.
Bales faces 16 counts of premeditated murder and six counts of attempted murder. The preliminary hearing, which began Nov. 5 and is scheduled to end with closing arguments Tuesday, will determine whether he faces a court-martial. He could face the death penalty if convicted.
The U.S. military system's record has shown it is slow to convict service members of alleged war crimes.
A range of factors make prosecuting troops for civilian deaths in foreign lands difficult, including gathering eyewitness testimony and collecting evidence at a crime scene in the midst of a war.
At Bales' preliminary hearing, the prosecution accommodated the Afghan witnesses, including children, by providing the video link and holding the sessions at night. The military said it intends to fly the witnesses from Afghanistan to Joint Base Lewis-McChord if there is a court martial.
"I think it shows they're going to prosecute this case no matter what it takes," said Greg Rinckey, a former Army lawyer from 1999-2004 who is now in private practice. "This was an atrocity. This is not the fog of war. It's not like we were calling in artillery and an artillery shell landed in a village."
Prosecutors say Bales, 39, slipped away from remote Camp Belambay to attack two villages early on March 11, killing 16 civilians, including nine children. The slayings drew such angry protests that the U.S. temporarily halted combat operations in Afghanistan, and it was three weeks before American investigators could reach the crime scenes.
Through a video monitor in a military courtroom near Seattle, Bales saw young Afghan girls smile beneath bright head coverings before they described the bloodbath he's accused of committing. He saw boys fidget as they remembered how they hid behind curtains when a gunman killed people in their village and one other.
And he saw dignified, thick-bearded men who spoke of unspeakable carnage — the piled, burned bodies of children and parents alike.
From the other side of that video link, in Afghanistan, one of the men saw something else — signs that justice will be done.
"I saw the person who killed my brother sitting there, head down with guilt," Haji Mullah Baraan said Monday in an interview with The Associated Press. "He didn't look up toward the camera."
Baraan was one of many Afghan witnesses who testified in Bales' case by live video link over the weekend.
"We got great hope from this and we are sure that we will get justice," Baraan said.
Throughout history, troops have been accused of heinous crimes involving civilians in countries where wars are waged. But rarely have villagers who witnessed the horror testified in a U.S. military court — often because of the costs and logistics of bringing them to the United States.
Villagers may be leery to leave their homeland to go to a foreign country and confront members of one of the mightiest militaries in the world. And as foreign nationals, they cannot be subpoenaed.
While there have been cases of troops being sentenced to life in prison for committing atrocities, the vast majority of those convicted for extrajudicial killings have been let off with little to no jail time for crimes that in civilian courts could carry hefty sentences, legal experts say.
Former U.N. Special Rapporteur Philip Alston — who was invited by the United States to examine extrajudicial killings in Iraq and Afghanistan — pointed out the January 2006 sentencing of Chief Warrant Officer Lewis E. Welshofer Jr.
He was given two months confinement to his base, a fine of $6,000, and a letter of reprimand after being found guilty of negligent homicide and negligent dereliction of duty for the death of an Iraqi general who had turned himself in to military authorities.
"Military records released in Freedom of Information Act litigation make clear that the Welshofer sentence is not an anomaly," Alston wrote in a 2010 report.
The military hasn't executed a service member since 1961, when an Army ammunition handler was hanged for raping an 11-year-old girl in Austria.
Defense Secretary Leon Panetta has said the death penalty is possible if Bales is found guilty.
Afghan witnesses recounted the villagers who lived in the attacked compounds and listed the names of those killed. The bodies were buried quickly under Islamic custom, and no forensic evidence was available to prove the number of victims.
The witnesses included Zardana, 8, who sipped from a pink juice box before she testified. She suffered a gunshot wound to the top of her head, but after two months at a military hospital in Afghanistan and three more at a Navy hospital in San Diego, she can walk and talk again.
None of the Afghan witnesses were able to identify Bales as the shooter, but other evidence, including tests of the blood on his clothes, implicated him, according to testimony from a DNA expert.
Several soldiers testified that Bales returned to the base alone just before dawn the morning of the attacks, covered in blood, and that he made incriminating statements such as, "I thought I was doing the right thing."
Prosecutors say he also made a mid-massacre confession, returning to the base to wake another soldier and report his activities before heading out to the other village. The soldier testified that he didn't believe Bales and went back to sleep.
Bales, an Ohio native and father of two from Lake Tapps, Wash., has not entered a plea and was not expected to testify at the preliminary hearing. His attorneys say he has post-traumatic stress disorder and suffered a concussive head injury while serving in Iraq.
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Watson contributed from San Diego. Associated Press Writer Mirwais Khan in Kandahar also contributed to this report.
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Johnson can be reached at https://twitter.com/GeneAPseattle
'Skyfall' brings record Bond debut of $88.4M
Label: LifestyleLOS ANGELES (AP) — James Bond is cashing in at the box office.
"Skyfall," the 23rd film featuring the British super-spy, pulled in a franchise-record $88.4 million in its U.S. debut, bringing its worldwide total to more than $500 million since it began rolling out overseas in late October.
The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:
1. "Skyfall," Sony, $88,364,714, 3,505 locations, $25,211 average, $90,564,714, one week.
2. "Wreck-It Ralph," Disney, $33,012,796, 3,752 locations, $8,799 average, $93,647,405, two weeks.
3. "Flight," Paramount, $14,785,097, 2,047 locations, $7,223 average, $47,455,396, two weeks.
4. "Argo," Warner Bros., $6,617,229, 2,763 locations, $2,395 average, $85,583,187, five weeks.
5. "Taken 2," Fox, $4,012,829, 2,487 locations, $1,614 average, $131,300,000, six weeks.
6. "Cloud Atlas," Warner Bros., $2,658,250, 2,023 locations, $1,314 average, $22,844,956, three weeks.
7. "The Man With the Iron Fists," Universal, $2,592,705, 1,872 locations, $1,385 average, $12,821,030, two weeks.
8. "Pitch Perfect," Universal, $2,573,350, 1,391 locations, $1,850 average, $59,099,993, seven weeks.
9. "Here Comes the Boom," Sony, $2,522,790, 2,044 locations, $1,234 average, $39,033,885, five weeks.
10. "Hotel Transylvania," Sony, $2,400,226, 2,566 locations, $935 average, $140,954,208, seven weeks.
11. "Paranormal Activity 4," Paramount, $1,980,033, 2,348 locations, $843 average, $52,600,612, four weeks.
12. "Sinister," Summit, $1,524,448, 1,554 locations, $981 average, $46,578,686, five weeks.
13. "Silent Hill: Revelation," Open Road Films, $1,300,137, 1,902 locations, $684 average, $16,383,406, three weeks.
14. "The Perks of Being a Wallflower," Summit, $1,132,924, 607 locations, $1,866 average, $14,614,770, eight weeks.
15. "Lincoln," Disney, $944,308, 11 locations, $85,846 average, $944,308, one week.
16. "Alex Cross," Summit, $911,973, 1,090 locations, $837 average, $24,603,042, four weeks.
17. "Fun Size," Paramount, $757,223, 1,301 locations, $582 average, $8,800,336, three weeks.
18. "Looper," Sony, $582,150, 491 locations, $1,186 average, $64,669,383, seven weeks.
19. "The Sessions," Fox, $545,550, 128 locations, $4,262 average, $1,655,222, four weeks.
20. "Seven Psychopaths," CBS Films, $404,812, 356 locations, $1,137 average, $14,098,469, five weeks.
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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.
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Online:
http://www.hollywood.com
British medical journal slams Roche on Tamiflu
Label: HealthLONDON (AP) — A leading British medical journal is asking the drug maker Roche to release all its data on Tamiflu, claiming there is no evidence the drug can actually stop the flu.
The drug has been stockpiled by dozens of governments worldwide in case of a global flu outbreak and was widely used during the 2009 swine flu pandemic.
On Monday, one of the researchers linked to the BMJ journal called for European governments to sue Roche.
"I suggest we boycott Roche's products until they publish missing Tamiflu data," wrote Peter Gotzsche, leader of the Nordic Cochrane Centre in Copenhagen. He said governments should take legal action against Roche to get the money back that was "needlessly" spent on stockpiling Tamiflu.
Last year, Tamiflu was included in a list of "essential medicines" by the World Health Organization, a list that often prompts governments or donor agencies to buy the drug.
Tamiflu is used to treat both seasonal flu and new flu viruses like bird flu or swine flu. WHO spokesman Gregory Hartl said the agency had enough proof to warrant its use for unusual influenza viruses, like bird flu.
"We do have substantive evidence it can stop or hinder progression to severe disease like pneumonia," he said.
In the U.S., the Centers for Disease Control and Prevention recommends Tamiflu as one of two medications for treating regular flu. The other is GlaxoSmithKline's Relenza. The CDC says such antivirals can shorten the duration of symptoms and reduce the risk of complications and hospitalization.
In 2009, the BMJ and researchers at the Nordic Cochrane Centre asked Roche to make all its Tamiflu data available. At the time, Cochrane Centre scientists were commissioned by Britain to evaluate flu drugs. They found no proof that Tamiflu reduced the number of complications in people with influenza.
"Despite a public promise to release (internal company reports) for each (Tamiflu) trial...Roche has stonewalled," BMJ editor Fiona Godlee wrote in an editorial last month.
In a statement, Roche said it had complied with all legal requirements on publishing data and provided Gotzsche and his colleagues with 3,200 pages of information to answer their questions.
"Roche has made full clinical study data ... available to national health authorities according to their various requirements, so they can conduct their own analyses," the company said.
Roche says it doesn't usually release patient-level data available due to legal or confidentiality constraints. It said it did not provide the requested data to the scientists because they refused to sign a confidentiality agreement.
Roche is also being investigated by the European Medicines Agency for not properly reporting side effects, including possible deaths, for 19 drugs including Tamiflu that were used in about 80,000 patients in the U.S.
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Online:
www.bmj.com.tamiflu/
Petraeus probe ensnares top U.S. commander in Afghanistan
Label: BusinessABOARD A U.S. MILITARY AIRCRAFT (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged "inappropriate communications" with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.
Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.
Panetta said that he ordered a Pentagon investigation of Allen on Monday.
A senior defense official traveling with Panetta said Allen's communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.
Kelley is said to have received threatening emails from Broadwell, who is Petraeus' biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.
Petraeus resigned as CIA director on Friday.
Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.
The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen's problematic communications.
The official said 20,000 to 30,000 pages of emails and other documents from Allen's communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.
"Gen. Allen disputes that he has engaged in any wrongdoing in this matter," the official said. He said Allen currently is in Washington.
Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.
The FBI's decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta's decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.
Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.
In the meantime, Panetta said, Allen's nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold "until the relevant facts are determined." He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.
Panetta said President Barack Obama was consulted and agreed that Allen's nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.
Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama's nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford's hearing is also scheduled for Thursday.
Deadly quake collapses bridge, mine in Myanmar
Label: WorldYANGON, Myanmar (AP) — A strong earthquake collapsed a bridge and damaged ancient Buddhist pagodas in northern Myanmar, and piecemeal reports from the underdeveloped mining region said mines collapsed and as many as 12 people were feared dead.
Myanmar's Vice President Sai Mauk Hkam visited the damaged sites Monday, while authorities resumed their search for four missing workers near the collapsed bridge over the Irrawaddy River in Kyaukmyaung.
A slow release of official information left the actual extent of the damage unclear after Sunday morning's magnitude-6.8 quake. Myanmar has a poor official disaster response system and lost upward of 140,000 people to a devastating cyclone in 2008.
"We have been told by the director of Relief and Resettlement Department that there were seven dead and 45 injured as of late Sunday evening. The figure could fluctuate," said Ashok Nigam, the U.N. development program's resident representative. He told The Associated Press that U.N. agencies had offered aid but "no formal request has been made yet."
Myanmar's second-biggest city of Mandalay is the nearest population center to the main quake but reported no casualties or major damage. Mandalay lies about 117 kilometers (72 miles) south of the epicenter near the town of Shwebo, and the smaller towns in the area that is a center for mining of minerals and gemstones were worse hit.
State media's Sunday evening news said damage included 102 homes, 21 religious buildings, 48 government offices and four schools in the town of Thabeikyin. The gold-mining town is near the epicenter and had three dead and 35 injured.
The official tally overall is six killed and 64 injured, while independently compiled tallies say about a dozen people died.
An official from Myanmar's Meteorological Department said the magnitude-6.8 quake struck at 7:42 a.m. local time.
The U.S. Geological Society reported a 5.8-magnitude aftershock later Sunday, but no further damage or casualties were reported.
State television warned residents that aftershocks usually follow a major earthquake and told people to stay away from high walls, old buildings and structures with cracks in them.
The biggest single death toll was reported by a local administrative officer in Sintku township — on the Irrawaddy River near the quake's epicenter — who told The Associated Press that six people had died there and another 11 were injured.
He said some of the dead were miners who were killed when a gold mine collapsed. He spoke on condition of anonymity because local officials are normally not allowed to release information to the media.
Rumors circulated in Yangon of other mine collapses trapping workers, but none of the reports could be confirmed.
According to news reports, several people died when a bridge under construction across the Irrawaddy River collapsed east of Shwebo. The bridge linked the town of Sintku, 65 kilometers (40 miles) north of Mandalay on the east bank of the Irrawaddy, with Kyaukmyaung on the west bank.
The website of Weekly Eleven magazine said four people were killed and 25 injured when the bridge, which was 80 percent finished, fell. The local government announced a toll of two dead and 16 injured. All of the victims appeared to be workers.
However, a Shwebo police officer, also speaking on condition of anonymity, said just one person was confirmed dead from the bridge's collapse, while five were still unaccounted for.
Weekly Eleven also said two monasteries in Kyaukmyaung collapsed, killing two people.
"This is the worst earthquake I felt in my entire life," Soe Soe, a 52-year-old Shwebo resident, told The Associated Press by phone.
She said that the huge concrete gate of a local monastery collapsed and that several sculptures from another pagoda in the town were damaged.
Other damage was reported in Mogok, a major gem-mining area just east of the quake's epicenter. Temples were damaged there, as were some abandoned mines.
"Landslides occurred at some old ruby mines, but there were no casualties because these are old mines," Sein Win, a Mogok resident, said by phone.
State television reported that more than a dozen pagodas and stupas in five townships were damaged, and many of them had their so-called "umbrellas" atop the dome-shaped structures crash down.
The uppermost parts of the domes usually contain encased relics of the Buddha and small Buddha images, and sometimes jewels. Damage to them is taken as an especially bad omen.
Sein Win said police were guarding a damaged stupa in Mogok and its exposed relics.
Many people in Myanmar are superstitious, and it is likely that soothsayers will point out that the quake occurred on the 11th day of the 11th month.
State television also reported that the tremors shifted the Mingun Bell, which people in Myanmar claim is the world's largest functioning bell, off its base. The nearly 4-meter-high (12-foot-high) bell, which weighs in at 90 metric tons (200,000 pounds), was installed in 1810 and is a popular tourist attraction at a pagoda outside Mandalay.
A resident of Naypyitaw, which is 365 kilometers (225 miles) south of the quake's epicenter, said several windowpanes of the parliament building had broken.
The epicenter is in a region frequently hit by small temblors that usually cause little damage. Myanmar suffered a quake of similar size in March last year near the northeastern border town of Tachileik. Last year's 6.8 magnitude quake killed 74 people and injured 111.
Residents of Mandalay contacted by phone said they were fearful of more aftershocks because the city has modern high-rise buildings that could trap people, unlike the mostly small structures in the areas worst hit on Sunday.
"We are afraid that another earthquake might shake at night," said Thet Su, a journalist in Mandalay. "I told my parents to run out of the house if another earthquake shook."
The quake was felt in Bangkok, the capital of neighboring Thailand.
It comes just a week ahead of a scheduled visit to Myanmar by President Barack Obama. He will be the first U.S. president to visit the one-time pariah nation, which is emerging from decades of military rule.
The disaster is the second to strike Myanmar's north in three days. On Friday, a tanker train derailed about 128 kilometers (80 miles) north of Shwebo, and at least 25 people were killed when overturned carriages burst into flames as they were trying to skim fuel from them.
China’s Alibaba Group Q2 net profit doubles: SEC filing
Label: TechnologySHANGHAI (Reuters) – China‘s Alibaba Group more than doubled its April-June net profit and grew sales by 71 percent for the period, proving the country’s largest e-commerce firm has shrugged off intensifying competition in the sector.
Yahoo Inc which sold a partial stake in Alibaba back to the privately-owned group in September, still holds 24 percent of Alibaba.
According to a Yahoo filing to the U.S. Securities and Exchange Commission on Thursday, Alibaba Group’s net attributable income for the quarter was $ 273 million, up 129 percent from a year ago. Revenue rose 71 percent to $ 1.1 billion.
Based on the second-quarter results, Alibaba Group is the second-largest Chinese Internet company by revenue, behind Tencent Holdings and ahead of Baidu Inc. It is the last large China Internet firm that is still private and not required to publicly disclose financial statements.
Alibaba, which runs the Taobao Marketplace, China’s largest business-to-consumer e-commerce website, and Alibaba.com, China’s largest business-to-business platform, has a business model that revolves around online advertising and subscription fees.
Alibaba’s profit for the first nine months of the year was up more than 300 percent to $ 730.4 million, while revenue was up 74 percent to $ 2.9 billion.
Alibaba’s soaring growth reflects the underlying boom in China’s e-commerce industry that was worth 278.84 billion yuan ($ 45 billion) in gross transaction value in the second quarter.
However, the rise in e-commerce has led to intensifying competition in the sector with e-commerce firms launching price wars and sales events to lure consumers to their platform.
On Sunday, China’s e-commerce players such as 360buy, Ecommerce China Dangdang Inc and Alibaba launched a “11.11″ sale, a massive online sale akin to Cyber Monday in the United States. The “11.11″ sale offered big discounts on electronics and apparel to tempt users to shop.
Alibaba said it recorded its highest one-day gross transaction value, at 19.1 billion yuan ($ 3.06 billion), on Sunday. ($ 1 = 6.2450 Chinese yuan)
(Reporting by Melanie Lee; Editing by Muralikumar Anantharaman)
Tech News Headlines – Yahoo! News
Condom conundrum: Porn industry ponders latex law
Label: LifestyleLOS ANGELES (AP) — The show must go on, is the entertainer's credo, and it did just that in the nation's Porn Capital even after Los Angeles County voted to require performers to use condoms when filming sex scenes.
One of the industry's biggest stars, James Deen, reported for work, condom-free as usual, just hours after voters adopted the new law.
During a break in the action Thursday, however, Deen raised the same questions on the mind of everyone in LA's billion-dollar-plus porn industry: Can a planned court challenge get the new law tossed out before it is even implemented? Or, perhaps this time next year, will he be making films like "Atomic Vixens" and "Asian Fever Sex Objects" in some place like Las Vegas or Florida?
The law, listed on the ballot as Measure B, was passed by 56 percent of voters Tuesday. It won't take effect until election results are certified, which likely will be several more days. It could take months longer before county health officials decide how to enforce it and whether they must begin dispatching prophylactic police officers to keep a close eye on actors.
The Department of Public Health issued a terse statement with no timetable for developing an enforcement plan. There was no hint of whether there would be surprise inspections or if public employees would be paid to watch porn flicks to see if actors were complying.
The nation's adult entertainment industry, which is believed to generate as much as $7 billion a year in revenue, according to the trade publication Adult Video News, vigorously opposed the new law. It argued it is unneeded because of safeguards that include monthly venereal disease checks for all working actors.
They also maintained it would be costly and difficult to enforce and could drive the business out of Los Angeles' sprawling San Fernando Valley, taking with it as many as 10,000 jobs, including actors, directors, film editors and crafts and makeup people.
The main problem, they say, is that fans don't want to see actors using condoms.
"The last time we attempted to go all condom, our industry lost sales by over 30 percent," said Deen. "That's a huge hit to our economy."
Deen, who has appeared in more than 1,000 hardcore films over the past nine years and estimates he's been in about 4,000 sex scenes, said he's never been infected with any disease and he gets tested every two weeks.
"I love condoms, I think they're great and the safest thing you can do in engaging in sexual intercourse with a stranger," he said, adding he uses them in his personal life but not onscreen.
Industry officials, meanwhile, say the last reported case of HIV linked directly to work was in 2004. Since then, they add, about 300,000 films have been made.
Michael Weinstein, the nonprofit AIDS Healthcare Foundation's founder and president, disputes those figures, saying there have been other, more recent HIV infections, not to mention numerous cases of gonorrhea, chlamydia and other sexually transmitted diseases.
Weinstein, whose group led a petition campaign to place the measure on the ballot, says he plans to take his campaign statewide.
In the meantime, he says implementing and enforcing the new law should be easy.
"This is no different than supervising restaurants or nail salons or barbershops," Weinstein said. "You fill out forms, you are granted a permit and, periodically, somebody goes out and does spot inspections."
Easy to implement or not, porn producers say the cost of paying for permits will likely be steep and the drop-off in sales could bankrupt them.
"Certainly this is the biggest threat that I've seen to the industry in a very, very long time," said Steven Hirsch, chief executive of Vivid Entertainment Group, one of the largest purveyors of porn films, including celebrity sex tapes and popular X-rated parodies of "Batman" and "Superman" films. "There have been obscenity prosecutions, but this is something on a whole different level."
Hirsch, who co-founded Vivid 28 years ago, said he is confident the industry will get the law overturned on the grounds it violates filmmakers' First Amendment rights of free expression.
If it isn't overturned, he said his company will simply move production out of Los Angeles County to survive.
Several people who attended an emergency meeting of the industry's advocacy group, the Free Speech Coalition, last week, said porn producers have already been in touch with officials in Las Vegas and parts of Florida. In some instances, they said, tax incentives have been offered to lure them.
Through a quirk in county law, the industry might even be able to pack up and move just a few miles down the freeway to Pasadena or Long Beach.
Those municipalities, although located in Los Angeles County, have their own health departments, and Pasadena said earlier this week it won't enforce the new law.
That would be just fine for many actors and directors, who say they don't really want to leave their home base.
"People forget that porn people are people too," said Kylie Ireland, a veteran actress and director who has appeared in such films as "Being Porn Again" and "Calipornication."
"They forget that we have families and we are married and we have kids and we have lives and jobs and hobbies just like everybody else."
Food labels multiply, some confuse consumers
Label: HealthFRESNO, Calif. (AP) — Want to avoid pesticides and antibiotics in your produce, meat, and dairy foods? Prefer to pay more to make sure farm animals were treated humanely, farmworkers got their lunch breaks, bees or birds were protected by the farmer and that ranchers didn't kill predators?
Food labels claim to certify a wide array of sustainable practices. Hundreds of so-called eco-labels have cropped up in recent years, with more introduced every month — and consumers are willing to pay extra for products that feature them.
While eco-labels can play a vital role, experts say their rapid proliferation and lack of oversight or clear standards have confused both consumers and producers.
"Hundreds of eco labels exist on all kinds of products, and there is the potential for companies and producers to make false claims," said Shana Starobin, a food label expert at Duke University's Nicholas School of the Environment.
Eco-labels have multiplied in recent years in response to rising consumer demand for more information about products and increased attention to animal and farmworker welfare, personal health, and the effects of conventional farming on the environment.
"Credible labels can be very helpful in helping people get to what they want to get to and pay more for something they really care about," said Urvashi Rangan, director of consumer safety at Consumer Reports. "The labels are a way to bring the bottom up and force whole industries to improve their practices."
The problem, Rangan and other said, is that few standards, little oversight and a lot of misinformation exist for the growing array of labels.
Some labels, such as the USDA organic certification, have standards set by the federal government to which third party certifiers must adhere. Some involve non-government standards and third-party certification, and may include site visits from independent auditors who evaluate whether a given farm or company has earned the label.
But other labels have little or no standards, or are certified by unknown organizations or by self-interested industry groups. Many labels lack any oversight.
And the problem is global, because California's products get sold overseas and fruits and vegetables from Europe or Mexico with their own eco-labels make it onto U.S. plates.
The sheer number of labels and the lack of oversight create a credibility problem and risk rendering all labels meaningless and diluting demand for sustainably produced goods, Rangan said.
Daniel Mourad of Fresno, a young professional who likes to cook and often shops for groceries at Whole Foods, said he tends to be wary of judging products just by the labels — though sustainable practices are important to him.
"Labels have really confused the public. Some have good intentions, but I don't know if they're really helpful," Mourad said. "Organic may come from Chile, but what does it mean if it's coming from 6,000 miles away? Some local farmers may not be able to afford a label."
In California, voters this week rejected a ballot measure that would have required labels on foods containing genetically modified ingredients.
Farmers like Gena Nonini in Fresno County say labels distinguish them from the competition. Nonini's 100-acre Marian Farms, which grows grapes, almonds, citrus and vegetables, is certified biodynamic and organic, and her raisins are certified kosher.
"For me, the certification is one way of educating people," Nonini said. "It opens a venue to tell a story and to set yourself apart from other farmers out there."
But other farmers say they are reluctant to spend money on yet another certification process or to clutter their product with too much packaging and information.
"I think if we keep adding all these new labels, it tends to be a pile of confusion," said Tom Willey of TD Willey Farms in Madera, Calif. His 75-acre farm, which grows more than 40 different vegetable crops, carries USDA organic certification, but no other labels.
The proliferation of labels, Willey said, is a poor substitute for "people being intimate with the farmers who grow their food." Instead of seeking out more labels, he said, consumers should visit a farmers' market or a farm, and talk directly to the grower.
Since that's still impossible for many urbanites, Consumer Reports has developed a rating system, a database and a web site for evaluating environmental and food labels — one of several such guides that have popped up recently to help consumers.
The guides show that labels such as "natural" and "free range" carry little meaning, because they lack clear standards or a verification system.
Despite this, consumers are willing to pay more for "free range" eggs and poultry, and studies show they value "natural" over "organic," which is governed by lengthy federal regulations.
But some consumers and watchdog groups are becoming more vigilant.
In October, the Animal Legal Defense Fund filed a lawsuit against Petaluma, Calif., organic egg producer of Judy's Eggs over "free range" claims. The company's packaging depicts a hen ranging on green grass, and the inside reads "these hens are raised in wide open spaces in Sonoma Valley..."
Aerial photos of the farm suggest the chickens actually live in factory-style sheds, according to the lawsuit. Judy and Steve Mahrt, owners of Petaluma Farms, said in a statement that the suit is "frivolous, unfair and untrue," but they did not comment on the specific allegations.
Meanwhile, new labels are popping up rapidly. The Food Justice label, certified via third party audits, guarantees a farm's commitment to fair living wages and adequate living and working conditions for farmworkers. And Wildlife Friendly, another third-party audited program, certifies farmers and ranchers who peacefully co-exist with wolves, coyotes, foxes and other predators.
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Congress wants answers on Petraeus affair
Label: BusinessWASHINGTON (AP) — Members of Congress said Sunday they want to know more details about the FBI investigation that revealed an extramarital affair between ex-CIA Director David Petraeus and his biographer, questioning when the retired general popped up in the FBI inquiry, whether national security was compromised and why they weren't told sooner.
"We received no advanced notice. It was like a lightning bolt," said Democratic Sen. Dianne Feinstein of California, who heads the Senate Intelligence Committee.
The FBI was investigating harassing emails sent by Petraeus biographer and girlfriend Paula Broadwell to a second woman. That probe of Broadwell's emails revealed the affair between Broadwell and Petraeus. The FBI contacted Petraeus and other intelligence officials, and Director of National Intelligence James Clapper asked Petraeus to resign.
A senior U.S. military official identified the second woman as Jill Kelley, 37, who lives in Tampa, Fla., and serves as an unpaid social liaison to MacDill Air Force Base in Tampa, where the military's Central Command and Special Operations Command are located.
Staffers for Petraeus said Kelley and her husband were regular guests at events he held at Central Command headquarters.
In a statement Sunday evening, Kelley and her husband, Scott, said: "We and our family have been friends with Gen. Petraeus and his family for over five years. We respect his and his family's privacy and want the same for us and our three children."
A U.S. official said the coalition countries represented at Central Command gave Kelley an appreciation certificate on which she was referred to as an "honorary ambassador" to the coalition, but she has no official status and is not employed by the U.S. government.
The official, speaking on condition of anonymity because he wasn't authorized to discuss the case publicly, said Kelley is known to drop the "honorary" part and refer to herself as an ambassador.
The military official, who spoke on condition of anonymity because he was not authorized to publicly discuss the investigation, said Kelley had received harassing emails from Broadwell, which led the FBI to examine her email account and eventually discover her relationship with Petraeus.
A former associate of Petraeus confirmed the target of the emails was Kelley, but said there was no affair between the two, speaking on condition of anonymity to discuss the retired general's private life. The associate, who has been in touch with Petraeus since his resignation, says Kelley and her husband were longtime friends of Petraeus and wife, Holly.
Attempts to reach Kelley were not immediately successful. Broadwell did not return phone calls or emails.
Petraeus resigned while lawmakers still had questions about the Sept. 11 attack on the U.S. Consulate and CIA base in Benghazi, Libya, that killed four Americans, including U.S. Ambassador Chris Stevens. Lawmakers said it's possible that Petraeus will still be asked to appear on Capitol Hill to testify about what he knew about the U.S. response to that incident.
Rep. Peter King, chairman of the House Homeland Security Committee, said the circumstances of the FBI probe smacked of a cover-up by the White House.
"It seems this (the investigation) has been going on for several months and, yet, now it appears that they're saying that the FBI didn't realize until Election Day that General Petraeus was involved. It just doesn't add up," said King, R-N.Y.
Petraeus, 60, quit Friday after acknowledging an extramarital relationship. He has been married 38 years to Holly Petraeus, with whom he has two adult children, including a son who led an infantry platoon in Afghanistan as an Army lieutenant.
Broadwell, a 40-year-old graduate of the U.S. Military Academy and an Army Reserve officer, is married with two young sons.
Petraeus' affair with Broadwell will be the subject of meetings Wednesday involving congressional intelligence committee leaders, FBI deputy director Sean Joyce and CIA deputy director Michael Morell.
Petraeus had been scheduled to appear before the committees on Thursday to testify on the attack in Benghazi. Republicans and some Democrats have questioned the U.S. response and protection of diplomats stationed overseas.
Morell was expected to testify in place of Petraeus, and lawmakers said he should have the answers to their questions. But Feinstein and others didn't rule out the possibility that Congress will compel Petraeus to testify about Benghazi at a later date, even though he's relinquished his job.
"I don't see how in the world you can find out what happened in Benghazi before, during and after the attack if General Petraeus doesn't testify," said Sen. Lindsey Graham, R-S.C.
Graham, who is a member of the Senate Armed Services Committee, wants to create a joint congressional committee to investigate the U.S. response to that attack.
Feinstein said she first learned of Petraeus' affair from the media late last week, and confirmed it in a phone call Friday with Petraeus. She eventually was briefed by the FBI and said so far there was no indication that national security was breached.
Still, Feinstein called the news "a heartbreak" for her personally and U.S. intelligence operations, and said she didn't understand why the FBI didn't give her a heads up as soon as Petraeus' name emerged in the investigation.
"We are very much able to keep things in a classified setting," she said. "At least if you know, you can begin to think and then to plan. And, of course, we have not had that opportunity."
Clapper was told by the Justice Department of the Petraeus investigation at about 5 p.m. on Election Day, and then called Petraeus and urged him to resign, according to a senior U.S. intelligence official who spoke on condition of anonymity because he was not authorized to discuss the investigation publicly.
FBI officials say the committees weren't informed until Friday, one official said, because the matter started as a criminal investigation into harassing emails sent by Broadwell to another woman.
Concerned that the emails he exchanged with Broadwell raised the possibility of a security breach, the FBI brought the matter up with Petraeus directly, according to the official, who spoke on condition of anonymity because he was not authorized to publicly discuss the investigation.
Petraeus decided to quit, though he was breaking no laws by having an affair, officials said.
Feinstein said she has not been told the precise relationship between Petraeus and the woman who reported the harassing emails to the FBI.
Georgia Sen. Saxby Chambliss, the top Republican on the Senate intelligence committee, called Petraeus "a great leader" who did right by stepping down and still deserves the nation's gratitude. He also didn't rule out calling Petraeus to testify on Benghazi at some point.
"He's trying to put his life back together right now and that's what he needs to focus on," Chambliss said.
King appeared on CNN's "State of the Union." Feinstein was on "Fox News Sunday," Graham spoke on CBS' "Face the Nation," and Chambliss was interviewed on ABC's "This Week."
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Associated Press writers Michele Salcedo, Pete Yost and Matthew Lee contributed to this report.
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