Bethenny Frankel Divorcing Jason Hoppy















01/05/2013 at 05:00 PM EST







Bethenny Frankel and Jason Hoppy


Albert Michael/Startraks


It's official – Bethenny Frankel and Jason Hoppy's marriage is over.

Having announced a separation over the holidays, the reality star began the divorce process by filing earlier this week in New York, TMZ reports.

"It brings me great sadness to say that Jason and I are separating," Frankel, 42, had said in a statement Dec. 23. "This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family."

The split comes after months of rumors that the pair – who married in 2010 and are parents to daughter Bryn, 2½ – were on the rocks.

"Bethenny is devastated," a friend tells PEOPLE.

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FDA: New rules will make food safer


WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.


The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.


The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.


Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.


Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.


In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.


Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.


"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.


The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.


The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.


The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.


Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.


In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."


The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.


FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.


The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.


Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.


"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.


Read More..

"Cliff" concerns give way to earnings focus

NEW YORK (Reuters) - Investors' "fiscal cliff" worries are likely to give way to more fundamental concerns, like earnings, as fourth-quarter reports get under way next week.


Financial results, which begin after the market closes on Tuesday with aluminum company Alcoa , are expected to be only slightly better than the third-quarter's lackluster results. As a warning sign, analyst current estimates are down sharply from what they were in October.


That could set stocks up for more volatility following a week of sharp gains that put the Standard & Poor's 500 index <.spx> on Friday at the highest close since December 31, 2007. The index also registered its biggest weekly percentage gain in more than a year.


Based on a Reuters analysis, Europe ranks among the chief concerns cited by companies that warned on fourth-quarter results. Uncertainty about the region and its weak economic outlook were cited by more than half of the 25 largest S&P 500 companies that issued warnings.


In the most recent earnings conference calls, macroeconomic worries were cited by 10 companies while the U.S. "fiscal cliff" was cited by at least nine as reasons for their earnings warnings.


"The number of things that could go wrong isn't so high, but the magnitude of how wrong they could go is what's worrisome," said Kurt Winters, senior portfolio manager for Whitebox Mutual Funds in Minneapolis.


Negative-to-positive guidance by S&P 500 companies for the fourth quarter was 3.6 to 1, the second worst since the third quarter of 2001, according to Thomson Reuters data.


U.S. lawmakers narrowly averted the "fiscal cliff" by coming to a last-minute agreement on a bill to avoid steep tax hikes this weeks -- driving the rally in stocks -- but the battle over further spending cuts is expected to resume in two months.


Investors also have seen a revival of worries about Europe's sovereign debt problems, with Moody's in November downgrading France's credit rating and debt crises looming for Spain and other countries.


"You have a recession in Europe as a base case. Europe is still the biggest trading partner with a lot of U.S. companies, and it's still a big chunk of global capital spending," said Adam Parker, chief U.S. equity strategist at Morgan Stanley in New York.


Among companies citing worries about Europe was eBay , whose chief financial officer, Bob Swan, spoke of "macro pressures from Europe" in the company's October earnings conference call.


REVENUE WORRIES


One of the biggest worries voiced about earnings has been whether companies will be able to continue to boost profit growth despite relatively weak revenue growth.


S&P 500 revenue fell 0.8 percent in the third quarter for the first decline since the third quarter of 2009, Thomson Reuters data showed. Earnings growth for the quarter was a paltry 0.1 percent after briefly dipping into negative territory.


On top of that, just 40 percent of S&P 500 companies beat revenue expectations in the third quarter, while 64.2 percent beat earnings estimates, the Thomson Reuters data showed.


For the fourth quarter, estimates are slightly better but are well off estimates for the quarter from just a few months earlier. S&P 500 earnings are expected to have risen 2.8 percent while revenue is expected to have gone up 1.9 percent.


Back in October, earnings growth for the fourth quarter was forecast up 9.9 percent.


In spite of the cautious outlooks, some analysts still see a good chance for earnings beats this reporting period.


"The thinking is you need top line growth for earnings to continue to expand, and we've seen the market defy that," said Mike Jackson, founder of Denver-based investment firm T3 Equity Labs.


Based on his analysis, energy, industrials and consumer discretionary are the S&P sectors most likely to beat earnings expectations in the upcoming season, while consumer staples, materials and utilities are the least likely to beat, Jackson said.


Sounding a positive note on Friday, drugmaker Eli Lilly and Co said it expects profit in 2013 to increase by more than Wall Street had been forecasting, primarily due to cost controls and improved productivity.


(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)



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John Sheardown, Canadian Who Sheltered Americans in Tehran, Dies at 88





When militant radicals seized the United States Embassy in Iran in November 1979, they intended to take all its employees hostage. But five were elsewhere in the embassy compound and escaped capture. After six tense days of furtively moving around Tehran, one of them, Robert Anders, placed a call to a Canadian diplomat with whom he played tennis, and asked for help.







Sheardown Family, via Ottawa Citizen.

John Sheardown, right, with Kenneth Taylor, the former Canadian ambassador to Iran, in 2010.






“Hell, yes, of course,” the diplomat, John Sheardown, answered. “Count on us.”


The five employees had by then been joined by a sixth. Four ended up being hidden for nearly three months in the home of Mr. Sheardown, the Canadian Embassy’s No. 2 official, who died on Sunday at 88. The other two found refuge with the Canadian ambassador, Ken Taylor.


The episode, which came to be known as the “Canadian caper,” was a footnote to the Iranian hostage crisis, in which young Iranian revolutionaries seized the American Embassy and held 52 people hostage for 444 days to try to force the United States to return the deposed shah from New York, where he was being treated for cancer. After the shah died in July 1980 in Egypt and war erupted between Iran and Iraq, negotiations with the United States led to the release of the hostages in January 1981.


The concealment and extrication of the American diplomats by the Canadian government and the Central Intelligence Agency inspired the recent movie “Argo.” Though Mr. Sheardown is not mentioned in it — public recognition always gravitated to Mr. Taylor, who is portrayed in the film as a hero — his role was nevertheless consequential.


“Without his enthusiastic welcome, we might have tried to survive on our own a few more days,” Mark Lijek, a retired Foreign Service officer, wrote in Slate last year. “We would have failed.”


Mr. Sheardown’s avuncular, pipe-puffing manner led his houseguests to call him Big Daddy. He bought groceries at different stores to disguise his household’s suddenly larger appetite. He bribed the garbage collector with money and beer for the same reason. Surveillance, including tanks at the end of the street, was constant. Strangers knocked on the front door, suspicious calls were commonplace, their car was repeatedly searched.


“We were already living in danger,” Mr. Sheardown’s wife, Zena, said in an interview on Wednesday. “And certainly the danger was compounded because we were hiding, literally hiding, fugitives.”


Mr. Sheardown, she said, died in Ottawa, where he lived, after being treated for Alzheimer’s disease and other ailments.


John Vernon Sheardown was born on Oct. 11, 1924, in Sandwich, Ontario, a small town absorbed by Windsor in the 1930s. At 18, he joined the Canadian Air Force and flew a bomber in World War II, once crash-landing near an English village after limping back from an attack on Germany. He broke both legs, but was able to crawl to a pub door at 3 a.m. and rouse the owner. He asked for a glass of Scotch, which the owner gave him. The owner then asked for payment while Mr. Sheardown waited for an ambulance — a story Mr. Sheardown relished.


He joined Canada’s immigration service in the early 1960s and later transferred to the foreign service, where he specialized in immigration matters. He was busy in Tehran with Iranians who wanted to leave the country, as well as with Afghans who had fled their country after the Soviet Union invaded it in December 1979. His houseguests became an official part of his responsibilities after the Canadian Parliament held its first secret session since World War II to approve the rescue mission, which included issuing the Americans fake Canadian passports.


While in Tehran, the Americans in his rented 20-room house occupied themselves by listening to news on a shortwave radio, reading, playing Scrabble and cards and, by their own admission, drinking copiously. They had to leave the house only once, when the owner had a real estate agent show it to a potential buyer. The two Americans staying with Ambassador Taylor were spirited to the Sheardown house for Thanksgiving and Christmas.


The diplomats posed as members of a film crew who had supposedly been scouting locations. They had been taught how to speak like Canadians — for instance, by ending sentences with “eh?” One was given a Molson beer key ring.


Mr. Sheardown’s first marriage, to Kathleen Benson, ended in divorce. Besides his wife, the former Zena Khan, he is survived by his sons, Robin and John; his sisters, Jean Fitzsimmons and Betty Ann Whitehead; six grandchildren; and 10 great-grandchildren.


After being awarded a high honor, the Order of Canada, Mr. Sheardown fought for his wife, a British citizen, to receive the same award. She had been legally excluded from consideration because she had never lived in Canada. He argued that she had had the tougher job because she seldom left the house while living in danger. She received the honor in 1981.


After “Argo” appeared in theaters, Ms. Sheardown said, its director, Ben Affleck, called to apologize for leaving her and her husband out of the movie. In an interview on Thursday, Mr. Affleck said he had been fully aware of the Sheardowns’ heroism before the film was shot, but had reluctantly omitted it for reasons of length, drama and cost.


“They got lost in the shuffle,” Mr. Affleck said. “It really did break my heart a bit.”


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“GameStick” Will Be the Size of a USB Memory Stick, Plug into Your TV






When the Ouya game console (scheduled to launch in April) made headlines last year, it was for three reasons. One, its size and price — the $ 99 box, which plugs into a TV, is the size of a Rubik’s cube. Two, its choice of operating system — it runs the same Android OS which powers smartphones and tablets. And three — its rise to fame on Kickstarter, where it shattered records and received millions of dollars in funding not from venture capitalists, but from gamers who wanted to see it made.


Now GameStick, “The Most Portable TV Games Console Ever Created,” is preparing to make a name for itself in exactly the same ways. Except that in some of them, it surpasses the Ouya.






Not even a set-top box


Up to this point, pretty much all home game consoles have been a box that sits on your shelf and plugs in to your TV. (Some PCs even do this these days.)


The GameStick, on the other hand, is about the size of a USB memory stick or a tube of lip balm. It plugs into a TV’s HDMI port, and connects to a wireless controller (or even a mouse and keyboard) via Bluetooth. It “works with any Bluetooth controller supporting HID,” and will come with its own small gamepad, which features twin analog sticks and a slot to put the GameStick itself inside when not in use.


Do we know if it works yet?


GameStick’s creators showed off pictures of a nonworking “Mark 1 Prototype Model,” and posted video of a “Reference Board” actually playing games while plugged into a television. This was a roughly USB-stick-sized circuit board, which lacked an outer case.


The reference unit had wires coming out of it, but the GameStick FAQ explains that on new, “MHL compliant TVs” it can draw power straight from the HDMI port, in much the same way that many USB devices are powered by a USB connection. A USB connector cable will be supplied with GameStick just in case, and “there will also be a power adapter.”


What about the games?


The GameStick reference unit was playing an Android game called Shadowgun, an over-the-shoulder third-person shooter which is considered technically demanding by Android device standards.


GameStick’s creators say “We have some great games lined up already,” and AFP Relax confirms that it has roughly the same internal specs as the Ouya, plus a lineup at launch of about a dozen games including several AAA Android titles.


How much will it cost, and when will it be out?


GameStick is available for preorder now from its Kickstarter page for $ 79. (The price includes the controller as well.) It has an estimated delivery date of April if the project is fully funded — and with 28 days to go, it had more than reached its $ 100,000 goal.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.


Linux/Open Source News Headlines – Yahoo! News





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Taylor Swift, Harry Styles Pose with Fans in the Caribbean















01/04/2013 at 04:30 PM EST







Taylor Swift in a photo by @emmycfield


Courtesy Emily Canfield


It looks like Taylor Swift and Harry Styles are having a relaxing holiday ... with fans!

Before Christmas, the couple enjoyed the snowy slopes of Park City, Utah, but now they're making new friends in the Caribbean.

"@taylorswift13 thanks for the pic and nice meeting you! #13 #bestvacation," Twitter user @emmycfield, identified as Emily Canfield, wrote in a post Thursday.

"It was crazy she was walking into the restaurant I was walking out of [to] meet her in the parking lot," Canfield added in a photo posted in Instagram.

Canfield does not identify where she is, however several other Twitter users that posted photos of Swift and Styles claimed to be in the Caribbean.

"British Virgin Islands have no idea what's coming their way," @LilHELDD, who is identified as Hannah Held, wrote on Dec. 29. A couple of days, she later breathlessly posted, "Just bought Taylor swift and Harry Styles a drink. No joke. #whathappensinBVI…. DEAD FREAKIN SERIOUS I'm gonna try to get a pic with them but I'm scared."

She was, however, successful! Held later posted a picture of Styles with two unidentified women and wrote, "Still in a daze." A picture of Swift with four women also reads, "She's awesome. Better in person. I LOVE TSWIFT."

Another fan, @ban_ANNIE, who is identified as Annie Donatelli, said on Twitter that she's in the Caribbean, and wrote, "I actually made friends with fish and Taylor Swift and Harry Styles!!! So ha!!!"

To accompany a photo she posted with both singing stars, Donatelli added. "I've never been so happy."


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FDA proposes sweeping new food safety rules


WASHINGTON (AP) — The Food and Drug Administration on Friday proposed the most sweeping food safety rules in decades, requiring farmers and food companies to be more vigilant in the wake of deadly outbreaks in peanuts, cantaloupe and leafy greens.


The long-overdue regulations are aimed at reducing the estimated 3,000 deaths a year from foodborne illness. Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the Centers for Disease Control. The actual number of those sickened is likely much higher.


The FDA's proposed rules would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.


Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.


In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.


Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress on those safety efforts and explain to the FDA how they would correct them.


"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.


The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.


The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.


The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.


Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.


In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."


The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.


Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.


"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.


Read More..

S&P 500 finishes at 5-year high on economic data

NEW YORK (Reuters) - The benchmark Standard & Poor's 500 index ended at a five-year high on Friday, lifted by reports showing employers kept up a steady pace of hiring workers and the vast services sector expanded at a brisk rate.


The gains on the S&P 500 pushed the index to its highest close since December 2007 and its biggest weekly gain since December 2011.


Most of the gains came early in the holiday-shortened week, including the largest one-day rise for the index in more than a year on Wednesday after politicians struck a deal to avert the "fiscal cliff."


The Dow Jones industrial average <.dji> gained 43.85 points, or 0.33 percent, to 13,435.21. The Standard & Poor's 500 Index <.spx> rose 7.10 points, or 0.49 percent, to 1,466.47. The Nasdaq Composite Index <.ixic> edged up 1.09 points, or 0.04 percent, to 3,101.66.


For the week, the S&P gained 4.6 percent, the Dow rose 3.8 percent and the Nasdaq jumped 4.8 percent to post their largest weekly percentage gains in more than a year.


The CBOE Volatility index <.vix>, a measure of investor anxiety, dropped for a fourth straight session, giving the index a weekly decline of nearly 40 percent, its biggest weekly fall ever. The close of 13.83 on the VIX marks its lowest level since August.


In Friday's economic reports, the Labor Department said non-farm payrolls grew by 155,000 jobs last month, slightly below November's level. Gains were distributed broadly throughout the economy, from manufacturing and construction to healthcare.


Also serving to boost equities was data from the Institute for Supply Management showing U.S. service sector activity expanding the most in 10 months.


With the S&P 500 index at a five-year closing high, analysts said any gains above the index's intraday high near 1,475 in September may be harder to come by.


"We are getting to a point where we need a strong catalyst, which could be earnings, it could be three months of good economic data, it could be a variety of things," said Adam Thurgood, managing director at HighTower Advisors in Las Vegas, Nevada.


"What is going on right now is this conflicting view of fundamentals look pretty good and improving, and then you've got these negative tail risks that could blow everything up," Thurgood said.


He referred to "a fiscal superstorm brewing" of issues still left unresolved in Washington, including tough federal budget cuts and the need to raise the government's debt ceiling all within a couple of months.


The rise in payrolls shown by the jobs data did not make a dent in the U.S. unemployment rate still at 7.8 percent.


A Reuters poll on Friday of economists at Wall Street's top financial institutions showed that most expect the Fed in 2013 to end the program with which it bought Treasury debt in an effort to stimulate the economy.


A drop in Apple Inc shares of 2.6 percent to $528.36 kept pressure on the Nasdaq.


Adding to concerns about Apple's ability to produce more innovative products, rival Samsung Electronics Co Ltd is expected to widen its lead over Apple in global smartphone sales this year with growth of 35 percent. Market researcher Strategy Analytics said Samsung had a broad product lineup.


Eli Lilly and Co was among the biggest boost's to the S&P, up 3.7 percent to $51.56 after the pharmaceuticals maker said it expects its 2013 earnings to increase to $3.75 to $3.90 per share, excluding items, from $3.30 to $3.40 per share in 2012.


Fellow drugmaker Johnson & Johnson rose 1.2 percent to $71.55 after Deutsche Bank upgraded the Dow component to a "Buy" from a "Hold" rating. The NYSEArca pharmaceutical index <.drg> climbed 0.6 percent.


Shares of Mosaic Co gained 3.3 percent to $58.62. Excluding items, the fertilizer producer's quarterly earnings beat analysts' expectations, according to Thomson Reuters I/B/E/S.


Volume was modest with about 6.07 billion shares traded on the New York Stock Exchange, NYSE MKT and Nasdaq, slightly below the 2012 daily average of 6.42 billion.


Advancing stocks outnumbered declining ones on the NYSE by 2,287 to 701, while on the Nasdaq, advancers beat decliners 1,599 to 866.


(Reporting by Chuck Mikolajczak; Editing by Nick Zieminski and Kenneth Barry)



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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, the home country of the bulk of the remaining low-level detainees who have been cleared for repatriation. 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 transfers from Parwan, 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 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 — 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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Samsung and Apple are still the only winners in the mobile market






The duopoly of the U.S. mobile market intensified dramatically in 2012. Despite increased efforts from Motorola, LG (066570), HTC (2498), Nokia (NOK) and Microsoft (MSFT) to gain market share, Samsung (005930) and Apple (AAPL) continue to steal customers away from every other company. During a three-month period ending in November, comScore found that Samsung’s lead in the U.S. smartphone market increased 1.2 percentage points for a controlling 26.9% share. Apple’s smartphone market share grew from 17.1% to 18.5%, gaining 1.4 points following the launch of the iPhone 5. Rounding out the top-five were LG, Motorola and HTC, all of which saw their market shares decrease from August. LG fell 0.7 points to 17.5%, Motorola dropped 0.8 points to 10.4% and HTC’s market share decreased from 6.3% to 5.9%.


[More from BGR: Samsung confirms plan to begin inching away from Android]






[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]


The research firm found that 123.3 million people in the U.S. owned smartphones during the period, an increase of 6% since August. A majority of devices, 53.7%, were powered by Google’s (GOOG) Android operating system, which saw growth of 1.1 percentage points. Apple’s iOS market share increased 0.7 percentage points to 35%.


2012 was a transitional year for Research in Motion (RIMM) and Microsoft. Both companies spent most of the year preparing new operating systems. RIM will unveil its BlackBerry 10 operating system later this month and devices powered by Windows Phone 8 launched this past November. As a result, both companies saw lost share toward the end of 2012; RIM’s BlackBerry platform ranked third with a 7.3% share, down from 8.3% in August, and Microsoft’s operating system dropped 0.6 percentage points to a 3% share of the market.


This article was originally published by BGR


Wireless News Headlines – Yahoo! News





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