Instagram Reversal Doesn’t Appease Everyone


Peter DaSilva for The New York Times


Kevin Systrom, right, co-founder of Instagram, with employees in the company office in San Francisco last year.







SAN FRANCISCO — Facebook may have quelled a full-scale rebellion by quickly dumping the contentious new terms of use for Instagram, its photo-sharing service. But even as the social network furiously backpedaled, some users said Friday they were carrying through on plans to leave.








Eric Piermont/Agence France-Presse — Getty Images

Kevin Systrom, Instagram’s co-founder, said the company would complete its plans, then explain its ad policy.






Ryan Cox, a 29-year-old management consultant at ExactTarget, an Indianapolis-based interactive marketing software company, said he had already moved his photos to Flickr, Yahoo’s photo-sharing app, where he could have better control.


Mr. Cox said the uproar this week over whether Instagram owned its users’ photos was “a wake-up call.”


“It’s my fault,” he continued. “I’m smart enough to know what Instagram had and what they could do — especially the minute Facebook acquired them — but I was a victim of naïve optimism.”


“Naïve optimism” is as good a term as any for the emotion that people feel as they put their private lives onto social networks.


Companies like Google, Twitter, Yelp and Facebook offer themselves as free services for users to store and share their most intimate pictures, secrets, messages and memories. But to flourish over the long term, they need to seek new ways to market the personal data they accumulate. They must constantly push the envelope, hoping users either do not notice or do not care.


So they sell ads against the content of an e-mail, as Google does, or transform a user’s likes into commercial endorsements, as Facebook does, or sell photographs of your adorable 3-year-old, which is what Instagram was accused of planning this week.


“The reality is that companies have always had to make money,” said Miriam H. Wugmeister, chair of Morrison Foerster’s privacy and data security group.


Even as Instagram was pulling back on its changed terms of service on Thursday night, it made clear it was only regrouping. After all, Facebook, as a publicly held corporation, must answer to Wall Street’s quarterly expectations.


“We are going to take the time to complete our plans, and then come back to our users and explain how we would like for our advertising business to work,” Kevin Systrom, Instagram’s youthful co-founder, wrote on the company’s blog.


Instagram’s actions angered many users who were already incensed over the company’s decision earlier this month to cut off its integration with Twitter, a Facebook rival, making it harder for its users to share their Instagram photos on Twitter.


Users were apprehensive that the new terms of service meant that data on their favorite things would be shared with Facebook and its advertisers. Users also worried that their photos would become advertising.


Instagram is barely two years old but has 100 million users. Last spring, Facebook announced plans to buy it in a deal that was initially valued at $1 billion. The deal was closed in September for a somewhat smaller amount.


For some users, Mr. Systrom’s apology and declaration that “Instagram has no intention of selling your photos, and we never did” was sufficient.


National Geographic, which suspended its account in the middle of the uproar, held a conference call with members of Facebook’s legal and policy teams. Afterward, the magazine, which has 658,000 Instagram followers, said it would resurrect its account.


Also mollified was Noah Kalina, who took wedding photographs earlier this year for Mark Zuckerberg, the founder of Facebook. In a widely circulated post on Twitter, Mr. Kalina said the new terms of service were “a contract no professional or nonprofessional should ever sign.” His advice: “Walk away.”


On Friday, the photographer said he had walked back. “It’s nice to know they listened.”


Kim Kardashian, the most followed person on Instagram, said on Tuesday that she “really loved” the service — note the past tense — and that the new rules were not “fair.” She had yet to update her 17 million Twitter followers on Friday, but since she is pushing her True Reflection fragrance it is a safe bet that she has forgiven and forgotten.


Read More..

Alabama to End Isolation of Inmates With H.I.V.


Jamie Martin/Associated Press


The H.I.V. ward of an Alabama women's prison in 2008. The state was ordered to stop segregating inmates with the virus.







A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.




Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.


Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”


After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.


In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.


H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.


Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.


“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”


Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”


“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.


During a monthlong trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.


The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.


South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.


Read More..

Alabama to End Isolation of Inmates With H.I.V.


Jamie Martin/Associated Press


The H.I.V. ward of an Alabama women's prison in 2008. The state was ordered to stop segregating inmates with the virus.







A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.




Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.


Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”


After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.


In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.


H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.


Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.


“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”


Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”


“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.


During a monthlong trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.


The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.


South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.


Read More..

Instagram Reversal Doesn’t Appease Everyone


Peter DaSilva for The New York Times


Kevin Systrom, right, co-founder of Instagram, with employees in the company office in San Francisco last year.







SAN FRANCISCO — Facebook may have quelled a full-scale rebellion by quickly dumping the contentious new terms of use for Instagram, its photo-sharing service. But even as the social network furiously backpedaled, some users said Friday they were carrying through on plans to leave.








Eric Piermont/Agence France-Presse — Getty Images

Kevin Systrom, Instagram’s co-founder, said the company would complete its plans, then explain its ad policy.






Ryan Cox, a 29-year-old management consultant at ExactTarget, an Indianapolis-based interactive marketing software company, said he had already moved his photos to Flickr, Yahoo’s photo-sharing app, where he could have better control.


Mr. Cox said the uproar this week over whether Instagram owned its users’ photos was “a wake-up call.”


“It’s my fault,” he continued. “I’m smart enough to know what Instagram had and what they could do — especially the minute Facebook acquired them — but I was a victim of naïve optimism.”


“Naïve optimism” is as good a term as any for the emotion that people feel as they put their private lives onto social networks.


Companies like Google, Twitter, Yelp and Facebook offer themselves as free services for users to store and share their most intimate pictures, secrets, messages and memories. But to flourish over the long term, they need to seek new ways to market the personal data they accumulate. They must constantly push the envelope, hoping users either do not notice or do not care.


So they sell ads against the content of an e-mail, as Google does, or transform a user’s likes into commercial endorsements, as Facebook does, or sell photographs of your adorable 3-year-old, which is what Instagram was accused of planning this week.


“The reality is that companies have always had to make money,” said Miriam H. Wugmeister, chair of Morrison Foerster’s privacy and data security group.


Even as Instagram was pulling back on its changed terms of service on Thursday night, it made clear it was only regrouping. After all, Facebook, as a publicly held corporation, must answer to Wall Street’s quarterly expectations.


“We are going to take the time to complete our plans, and then come back to our users and explain how we would like for our advertising business to work,” Kevin Systrom, Instagram’s youthful co-founder, wrote on the company’s blog.


Instagram’s actions angered many users who were already incensed over the company’s decision earlier this month to cut off its integration with Twitter, a Facebook rival, making it harder for its users to share their Instagram photos on Twitter.


Users were apprehensive that the new terms of service meant that data on their favorite things would be shared with Facebook and its advertisers. Users also worried that their photos would become advertising.


Instagram is barely two years old but has 100 million users. Last spring, Facebook announced plans to buy it in a deal that was initially valued at $1 billion. The deal was closed in September for a somewhat smaller amount.


For some users, Mr. Systrom’s apology and declaration that “Instagram has no intention of selling your photos, and we never did” was sufficient.


National Geographic, which suspended its account in the middle of the uproar, held a conference call with members of Facebook’s legal and policy teams. Afterward, the magazine, which has 658,000 Instagram followers, said it would resurrect its account.


Also mollified was Noah Kalina, who took wedding photographs earlier this year for Mark Zuckerberg, the founder of Facebook. In a widely circulated post on Twitter, Mr. Kalina said the new terms of service were “a contract no professional or nonprofessional should ever sign.” His advice: “Walk away.”


On Friday, the photographer said he had walked back. “It’s nice to know they listened.”


Kim Kardashian, the most followed person on Instagram, said on Tuesday that she “really loved” the service — note the past tense — and that the new rules were not “fair.” She had yet to update her 17 million Twitter followers on Friday, but since she is pushing her True Reflection fragrance it is a safe bet that she has forgiven and forgotten.


Read More..

Philippines Enacts Strong Penalties for Abductions





MANILA — The Philippines has enacted a law aimed at stopping the military and police officers from abducting people suspected of antigovernment activity, one of the ugly legacies of the country’s years of dictatorship.




The law, which President Benigno S. Aquino III signed late Friday, makes the “arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the state” punishable by life in prison. It also holds superior officers liable for abductions committed by those under their command. Congress passed the legislation in October.


Human Rights Watch hailed the law, which it called “the first of its kind in Asia and a major milestone in ending this horrific human rights violation.” It was the first major human rights legislation signed by Mr. Aquino, who campaigned on promises of a better human rights climate but whose record since his election in 2010 has been seen as mixed by many rights groups.


The kidnapping of political opponents by security forces in the Philippines is a legacy of martial law, which was imposed during the 1970s by the dictator Ferdinand Marcos. During that period, the military, police officers and their agents abducted, tortured and sometimes murdered political opponents with impunity.


Such “disappearances” have continued to the present day, though on a smaller scale, despite the restoration of democracy in 1986, according to rights advocates. A Manila-based organization, Families of Victims of Involuntary Disappearance, says more than 2,200 people have disappeared since 1985 at the hands of security forces or others linked to the government.


“It is a way for the authorities to short-circuit our laws and Constitution,” said Carlos Isagani Zarate, a vice president of the National Union of Peoples’ Lawyers, which represents people who say they have been abducted by the military. “If they suspect someone is part of an underground organization but they don’t think the case will prosper in court, they abduct them.”


“In a lot of the cases, the victims are innocent civilians who are suspected of having links to underground groups,” Mr. Zarate said.


Under President Aquino — the son of an opposition politician who was assassinated during Mr. Marcos’s rule, and of the late President Corazon Aquino, who led the popular uprising that drove Mr. Marcos from power — there have been 17 documented cases of forced disappearance, according to Mary Aileen D. Bacalso, secretary general of the Asian Federation Against Involuntary Disappearances. That, however, is a steep decline from the more than 300 cases alleged during the administration of his predecessor, Gloria Macapagal Arroyo.


“The number of cases has decreased, but we cannot tolerate even one forced disappearance,” Ms. Bacalso said. “The cases continue despite the pronouncements of the administration in support of human rights.”


One notorious disappearance case that dates from the previous administration, but which Mr. Aquino’s Justice Department has yet to resolve, is that of Jovito Palparan, a retired major general.


General Palparan, who was given the nickname “The Butcher” during his more than two decades of military service, was indicted in December 2011 in connection with the abduction in 2006 of two young women who were university students and activists for leftist organizations. According to a statement filed in court by the prosecution, the women were kept chained in a barracks and were periodically tortured and sexually assaulted by soldiers under General Palparan’s command.


“The girls narrated the circumstances of their abduction to our witness,” said Edre Olalia, an attorney for the victims’ families. “He saw them being tortured in a restroom. It was a horrible account of physical and sexual abuse.”


Despite a nationwide manhunt, and the offering of a large reward for his capture, Mr. Palparan remains at large and has received testimonials of support from prominent politicians and members of the military.


“It is immensely difficult to prosecute these kinds of cases,” said Mr. Olalia. “I don’t think this new law alone will make prosecution any easier. There must be a strong demonstration to the security forces that they can no longer get away with this. So far, the administration has not done that.”


Read More..

Boehner Tax Plan in House Is Pulled, Lacking Votes


Brendan Hoffman for The New York Times


Speaker John A. Boehner of Ohio leaving a meeting Thursday with fellow House Republicans on talks over the “fiscal cliff.”







WASHINGTON — Speaker John A. Boehner’s effort to pass fallback legislation to avert a fiscal crisis in less than two weeks collapsed Thursday night in an embarrassing defeat after conservative Republicans refused to support legislation that would allow taxes to rise on the most affluent households in the country.




House Republican leaders abruptly canceled a vote on the bill after they failed to rally enough votes for passage in an emergency meeting about 8 p.m. Within minutes, dejected Republicans filed out of the basement meeting room and declared there would be no votes to avert the “fiscal cliff” until after Christmas. With his “Plan B” all but dead, the speaker was left with the choice to find a new Republican way forward or to try to get a broad deficit reduction deal with President Obama that could win passage with Republican and Democratic votes.


What he could not do was blame Democrats for failing to take up legislation he could not even get through his own membership in the House.


“The House did not take up the tax measure today because it did not have sufficient support from our members to pass,” Mr. Boehner said in a statement that said responsibility for a solution now fell to the White House and Senator Harry Reid, Democrat of Nevada, the majority leader. “Now it is up to the president to work with Senator Reid on legislation to avert the fiscal cliff.”


The stunning turn of events in the House left the status of negotiations to head off a combination of automatic tax increases and significant federal spending cuts in disarray with little time before the start of the new year.


At the White House, the press secretary, Jay Carney, said the defeat should press Mr. Boehner back into talks with Mr. Obama.


“The president will work with Congress to get this done, and we are hopeful that we will be able to find a bipartisan solution quickly that protects the middle class and our economy,” he said.


The refusal of a band of House Republicans to allow income tax rates to rise on incomes over $1 million came after Mr. Obama scored a decisive re-election victory campaigning for higher taxes on incomes over $250,000. Since the November election, the president’s approval ratings have risen, and opinion polls have shown a strong majority not only favoring his tax position, but saying they will blame Republicans for a failure to reach a deficit deal.


With a series of votes on Thursday, the speaker, who faces election for his post in the new Congress next month, had hoped to assemble a Republican path away from the cliff. With a show of Republican unity, he also sought to strengthen his own hand in negotiations with Mr. Obama. The House did narrowly pass legislation to cancel automatic, across-the-board military cuts set to begin next month, and shift them to domestic programs.


But the main component of “Plan B,” a bill to extend expiring Bush-era tax cuts for everyone with incomes under $1 million, could not win enough Republican support to overcome united Democratic opposition. Democrats questioned Mr. Boehner’s ability to deliver any agreement.


“I think this demonstrates that Speaker Boehner has a real challenge,” said Representative Steny H. Hoyer of Maryland, the No. 2 House Democrat. “He hasn’t been able to cut any deal, make any agreement that’s balanced. Even if it’s his own compromise.”


Representative Rick Larsen of Washington accused Republicans of shirking their responsibility by leaving the capital. “The Republicans just picked up their toys and went home,” he said.


Futures contracts on indexes of United States stock listings and shares in Asia fell sharply after Mr. Boehner conceded that his bill lacked the votes to pass.


The point of the Boehner effort was to secure passage of a Republican plan, then demand that the president and the Senate to take up that measure and pass it, putting off the major fights until early next year when Republicans would conceivably have more leverage because of the need to increase the federal debt limit. It would also allow Republicans to claim it was Democrats who had caused taxes to rise after the first of the year had no agreement been reached.


That strategy lay in tatters after the Republican implosion.“Some people don’t know how to take yea for an answer,” said Representative Charlie Dent of Pennsylvania, a Republican who supported the measure and was open about his disappointment with his colleagues.


Opponents said they were not about to bend their uncompromising principles on taxes just because Mr. Boehner asked.


“The speaker should be meeting with us to get our views on things rather than just presenting his,” said Representative Justin Amash of Michigan, who recently lost a committee post for routinely crossing the leadership.


Jeremy W. Peters contributed reporting.



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Stigma Fading, Marijuana Common in California


Jim Wilson/The New York Times


At a San Francisco concert in 2010, marijuana use was general while signatures were collected for a measure to decriminalize it.







LOS ANGELES — Let Colorado and Washington be the marijuana trailblazers. Let them struggle with the messy details of what it means to actually legalize the drug. Marijuana is, as a practical matter, already legal in much of California.




No matter that its recreational use remains technically against the law. Marijuana has, in many parts of this state, become the equivalent of a beer in a paper bag on the streets of Greenwich Village. It is losing whatever stigma it ever had and still has in many parts of the country, including New York City, where the kind of open marijuana use that is common here would attract the attention of any passing law officer.


“It’s shocking, from my perspective, the number of people that we all know who are recreational marijuana users,” said Gavin Newsom, the lieutenant governor. “These are incredibly upstanding citizens: Leaders in our community, and exceptional people. Increasingly, people are willing to share how they use it and not be ashamed of it.”


Marijuana can be smelled in suburban backyards in neighborhoods from Hollywood to Topanga Canyon as dusk falls — what in other places is known as the cocktail hour — often wafting in from three sides. In some homes in Beverly Hills and San Francisco, it is offered at the start of a dinner party with the customary ease of a host offering a chilled Bombay Sapphire martini.


Lighting up a cigarette (the tobacco kind) can get you booted from many venues in this rigorously antitobacco state. But no one seemed to mind as marijuana smoke filled the air at an outdoor concert at the Hollywood Bowl in September or even in the much more intimate, enclosed atmosphere of the Troubadour in West Hollywood during a Mountain Goats concert last week.


Arnold Schwarzenegger, the former Republican governor, ticked off the acceptance of open marijuana smoking in a list of reasons he thought Venice was such a wonderful place for his morning bicycle rides. With so many people smoking in so many places, he said in an interview this year, there was no reason to light up one’s own joint.


“You just inhale, and you live off everyone else,” said Mr. Schwarzenegger, who as governor signed a law decriminalizing possession of small amounts of marijuana.


Some Californians react disdainfully to anyone from out of state who still harbors illicit associations with the drug. Bill Maher, the television host, was speaking about the prevalence of marijuana smoking at dinner parties hosted by Sue Mengers, a retired Hollywood agent famous for her high-powered gatherings of actors and journalists, in an interview after her death last year. “I used to bring her pot,” he said. “And I wasn’t the only one.”


When a reporter sought to ascertain whether this was an on-the-record conversation, Mr. Maher responded tartly: “Where do you think you are? This is California in the year 2011.”


John Burton, the state Democratic chairman, said he recalled an era when the drug was stigmatized under tough antidrug laws. He called the changes in thinking toward marijuana one of the two most striking shifts in public attitude he had seen in 40 years here (the other was gay rights).


“I can remember when your second conviction of having a single marijuana cigarette would get you two to 20 in San Quentin,” he said.


In a Field Poll of California voters conducted in October 2010, 47 percent of respondents said they had smoked marijuana at least once, and 50 percent said it should be legalized. The poll was taken shortly before Californians voted down, by a narrow margin, an initiative to decriminalize marijuana.


“In a Republican year, the legalization came within two points,” said Chris Lehane, a Democratic consultant who worked on the campaign in favor of the initiative. He said that was evidence of the “fact that the public has evolved on the issue and is ahead of the pols.”


A study by the California Office of Traffic Safety last month found that motorists were more likely to be driving under the influence of marijuana than under the influence of alcohol.


Read More..

Stigma Fading, Marijuana Common in California


Jim Wilson/The New York Times


At a San Francisco concert in 2010, marijuana use was general while signatures were collected for a measure to decriminalize it.







LOS ANGELES — Let Colorado and Washington be the marijuana trailblazers. Let them struggle with the messy details of what it means to actually legalize the drug. Marijuana is, as a practical matter, already legal in much of California.




No matter that its recreational use remains technically against the law. Marijuana has, in many parts of this state, become the equivalent of a beer in a paper bag on the streets of Greenwich Village. It is losing whatever stigma it ever had and still has in many parts of the country, including New York City, where the kind of open marijuana use that is common here would attract the attention of any passing law officer.


“It’s shocking, from my perspective, the number of people that we all know who are recreational marijuana users,” said Gavin Newsom, the lieutenant governor. “These are incredibly upstanding citizens: Leaders in our community, and exceptional people. Increasingly, people are willing to share how they use it and not be ashamed of it.”


Marijuana can be smelled in suburban backyards in neighborhoods from Hollywood to Topanga Canyon as dusk falls — what in other places is known as the cocktail hour — often wafting in from three sides. In some homes in Beverly Hills and San Francisco, it is offered at the start of a dinner party with the customary ease of a host offering a chilled Bombay Sapphire martini.


Lighting up a cigarette (the tobacco kind) can get you booted from many venues in this rigorously antitobacco state. But no one seemed to mind as marijuana smoke filled the air at an outdoor concert at the Hollywood Bowl in September or even in the much more intimate, enclosed atmosphere of the Troubadour in West Hollywood during a Mountain Goats concert last week.


Arnold Schwarzenegger, the former Republican governor, ticked off the acceptance of open marijuana smoking in a list of reasons he thought Venice was such a wonderful place for his morning bicycle rides. With so many people smoking in so many places, he said in an interview this year, there was no reason to light up one’s own joint.


“You just inhale, and you live off everyone else,” said Mr. Schwarzenegger, who as governor signed a law decriminalizing possession of small amounts of marijuana.


Some Californians react disdainfully to anyone from out of state who still harbors illicit associations with the drug. Bill Maher, the television host, was speaking about the prevalence of marijuana smoking at dinner parties hosted by Sue Mengers, a retired Hollywood agent famous for her high-powered gatherings of actors and journalists, in an interview after her death last year. “I used to bring her pot,” he said. “And I wasn’t the only one.”


When a reporter sought to ascertain whether this was an on-the-record conversation, Mr. Maher responded tartly: “Where do you think you are? This is California in the year 2011.”


John Burton, the state Democratic chairman, said he recalled an era when the drug was stigmatized under tough antidrug laws. He called the changes in thinking toward marijuana one of the two most striking shifts in public attitude he had seen in 40 years here (the other was gay rights).


“I can remember when your second conviction of having a single marijuana cigarette would get you two to 20 in San Quentin,” he said.


In a Field Poll of California voters conducted in October 2010, 47 percent of respondents said they had smoked marijuana at least once, and 50 percent said it should be legalized. The poll was taken shortly before Californians voted down, by a narrow margin, an initiative to decriminalize marijuana.


“In a Republican year, the legalization came within two points,” said Chris Lehane, a Democratic consultant who worked on the campaign in favor of the initiative. He said that was evidence of the “fact that the public has evolved on the issue and is ahead of the pols.”


A study by the California Office of Traffic Safety last month found that motorists were more likely to be driving under the influence of marijuana than under the influence of alcohol.


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U.S. Makes Arrest in Olympus Accounting Scandal


Federal agents arrested a former bank executive in Los Angeles on Thursday in connection with the accounting scandal that erupted last year at Olympus, the Japanese camera and medical equipment maker.


Prosecutors in New York said that the executive, Chan Ming Fon, received more than $10 million from Olympus for assisting in its accounting fraud.


The Federal Bureau of Investigation said Mr. Chan, 50, was a citizen of Taiwan living in Singapore. He was charged with conspiracy to commit wire fraud, with a maximum potential penalty of 20 years in prison. His lawyer was not disclosed.


“As alleged, Chan Ming Fon was handsomely paid to play an international shell game with hundreds of millions of dollars of assets in order to allow Olympus to keep a massive accounting fraud going for years,” said Preet Bharara, the United States attorney in Manhattan, in a news release.


The authorities did not identify the financial institutions with which Mr. Chan was affiliated.


In February, the Japanese authorities arrested seven people in connection with the accounting missteps at Olympus, including Tsuyoshi Kikukawa, the company’s former chairman. Mr. Chan was not among those seven.


The company has admitted that executives set up a scheme to cover up $1.7 billion in losses. The illicit maneuvers came to light after Olympus fired Michael C. Woodford, its British chief executive, in October 2011. Soon after, Mr. Woodford made allegations of accounting misdeeds at Olympus.


The Olympus scandal rocked the Japanese corporate sector. The case is being watched closely to gauge how serious the Japanese authorities will be in their pursuit of white-collar crime. The men arrested in February could each serve up to 10 years if found guilty.


The allegations against Mr. Chan could shed more light on Olympus’s elaborate accounting ruses. The company hid losses sustained in the 1990s, later masking them with inflated acquisitions and payments through shadowy overseas funds.


Mr. Chan was a principal at a fund that received large payments from Olympus, according to the F.B.I. The bureau contends that Mr. Chan told Olympus’s auditors in 2009 that the fund held hundreds of millions of dollars on behalf of Olympus, in the form of conservative investments like Japanese government bonds. The complaint says, however, that the money had been passed on to an entity controlled by Olympus to pay off a loan.


In the complaint, the F.B.I. said that Mr. Chan “acknowledged that it was wrong to assist Olympus in deceiving its auditor.”


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Afghan Factions Hold Informal Talks Near Paris





PARIS — A year that began with hopes that the Taliban were ready to start talking peace is ending with a final initiative — informal talks outside Paris among Afghanistan’s competing factions, including militants — that, if anything, exemplifies how little progress has been made in 2012 toward opening negotiations to end the war.




The talks, which began Thursday and are to last two days, have been trumpeted as the first time the Taliban have sat down with their former enemies in Afghanistan’s old Northern Alliance, a collection of militias that fought Taliban rule in the 1990s and eventually helped the United States oust the Islamist movement. Afghan government peace negotiators are also attending, as are representatives of Hezb-e-Islami, an insurgent faction independent of the Taliban.


But going into the meetings, both the Taliban and many old Northern Alliance leaders were clear about their lack of expectations. Abdullah Abdullah, an opposition politician and former presidential candidate who draws much of his support from Afghanistan’s north, said the meetings were “not by any chance a breakthrough.”


The talks, which are closed to the news media, are meant to offer participants an informal occasion to “project themselves toward the horizon of 2020,” said Camille Grand, the director of the Foundation for Strategic Research, the Paris-based research group that organized the meetings. The Afghans in attendance have come on a personal basis, Mr. Grand said.


A handful of French defense and foreign affairs officials are participating as well, he said, though the French, who recently pulled their combat forces from Afghanistan, say the meetings do not represent an effort to open formal talks. Philippe Lalliot, the Foreign Ministry spokesman, described them as an “academic seminar.”


Mr. Abdullah, the opposition politician, opted to remain in Kabul and send lesser-known members of his party, the National Coalition of Afghanistan, to attend instead. A rival opposition group, the National Front of Afghanistan, which is also made up largely of old Northern Alliance leaders, was sending two of its top leaders to Paris.


Mr. Abdullah and others among the old Northern Alliance nonetheless held out the possibility that the talks could lead to more. The Taliban “will come there, and they will make their own decisions clear,” Mr. Abdullah said in an interview in Kabul. “I don’t want to be pessimistic, but I don’t want to raise expectations out of the meeting.”


The small Taliban delegation in Paris was being led by Shahabuddin Delawar, who is expected to be one of the insurgents’ negotiators should peace talks ever begin in earnest. But neither Mr. Delawar nor any other Taliban representatives who had gone to Paris were there to discuss the stalled peace process, said Zabiullah Mujahid, a spokesman for the insurgents.


Rather, Mr. Delawar’s sole task was “to shed light on our stances and explain our official position and policies to the international community,” Mr. Mujahid said. “We want to explain it directly through our own official representatives to the international community, while in the past our position has been presented by the enemies, who were trying to display a wrong image.”


He did not elaborate on what those positions might be. The Taliban have repeatedly said they would not negotiate directly with the government of President Hamid Karzai, whom they deride as a puppet of the United States.


The Taliban suspended its preliminary talks with the United States in March after the Obama administration failed to push through a proposed prisoner swap, which was to be the first in a series of confidence-building measures. In the exchange, five insurgent leaders imprisoned at Guantánamo Bay, Cuba, would have been traded for the sole American soldier known to be held by the Taliban, Sgt. Bowe Bergdahl.


The Taliban prisoners were to be sent to Qatar, where the insurgents were to then open a negotiating office.


American officials have said in recent months that they planned to revive the prisoner swap, and the Taliban have repeatedly emphasized that would be the first step necessary to restart the talks. But there have been no apparent moves to release the Taliban prisoners.


The Afghan government has tried to open a variety of other channels to the Taliban. Each has ended in failure, but recent overtures to Pakistan by Mr. Karzai’s High Peace Council have shown some progress.


The council, along with American officials, has been trying to gain support for peace talks from Pakistan, which has aided and sheltered the Taliban over the past dozen years, though it keeps a close watch on the group’s leading figures. Last month, Pakistan agreed to release some Taliban leaders imprisoned there, and nine have been freed, the Taliban and council members said.


What effect, if any, the releases will have on the Paris meetings is unclear. Two similar meetings have been held here since November 2011, but Taliban representatives did not attend.


Mr. Karzai, when asked about the meetings in Paris at a news conference this week, offered only a subdued endorsement, saying the government supports all meetings that could further the goal of reaching a peaceful settlement.


But Mr. Karzai, who late last year nearly scuttled American efforts to open talks with the Taliban in Qatar after complaining he had not been kept abreast of developments, also suggested there could be other motives for the Paris meetings, though he did not elaborate.


Mr. Karzai has bristled in the past when former Northern Alliance members, including some who are at the Paris talks, have held high-profile meetings outside Afghanistan. After a meeting in January in Berlin between former Northern Alliance leaders and United States Congress members, for instance, he accused Washington of plotting to dismember Afghanistan.


“Unless it is proven to us that a meeting has other purposes rather than peace, we are supporting all the peace meetings,” he said at the news conference this week. “But when it has been proven to us or we suspect that these meetings are following other goals, and the goal is not to bring peace in our country — that the meeting has other purposes — then we could talk about that.”


Scott Sayare reported from Paris, and Matthew Rosenberg from Kabul, Afghanistan. Sangar Rahimi contributed reporting from Kabul.



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