Can the Government Really Ban Twitter Parody Accounts?

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

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What kind of stuff is the law intended to prosecute?

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

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

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

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So, that could extend to parody accounts then? 

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

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

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

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

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

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12 Over-the-Top Baby Gifts for Kimye

From a solid-gold rocking horse to a diamond-encrusted pacifier, see what we hope will be on the couple's baby registry

Updated: Thursday Jan 03, 2013 | 06:00 AM EST
By: Shanelle Rein-Olowokere

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CDC: 1 in 24 admit nodding off while driving

NEW YORK (AP) — This could give you nightmares: 1 in 24 U.S. adults say they recently fell asleep while driving.

And health officials behind the study think the number is probably higher. That's because some people don't realize it when they nod off for a second or two behind the wheel.

"If I'm on the road, I'd be a little worried about the other drivers," said the study's lead author, Anne Wheaton of the Centers for Disease Control and Prevention.

In the CDC study released Thursday, about 4 percent of U.S. adults said they nodded off or fell asleep at least once while driving in the previous month. Some earlier studies reached a similar conclusion, but the CDC telephone survey of 147,000 adults was far larger. It was conducted in 19 states and the District of Columbia in 2009 and 2010.

CDC researchers found drowsy driving was more common in men, people ages 25 to 34, those who averaged less than six hours of sleep each night, and — for some unexplained reason — Texans.

Wheaton said it's possible the Texas survey sample included larger numbers of sleep-deprived young adults or apnea-suffering overweight people.

Most of the CDC findings are not surprising to those who study this problem.

"A lot of people are getting insufficient sleep," said Dr. Gregory Belenky, director of Washington State University's Sleep and Performance Research Center in Spokane.

The government estimates that about 3 percent of fatal traffic crashes involve drowsy drivers, but other estimates have put that number as high as 33 percent.

Warning signs of drowsy driving: Feeling very tired, not remembering the last mile or two, or drifting onto rumble strips on the side of the road. That signals a driver should get off the road and rest, Wheaton said.

Even a brief moment nodding off can be extremely dangerous, she noted. At 60 mph, a single second translates to speeding along for 88 feet — the length of two school buses.

To prevent drowsy driving, health officials recommend getting 7 to 9 hours of sleep each night, treating any sleep disorders and not drinking alcohol before getting behind the wheel.

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CDC report: http://www.cdc.gov/mmwr

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Wall Street edges lower after Fed minutes

NEW YORK (Reuters) - U.S. stocks edged lower on Thursday after minutes from the latest Federal Reserve meeting showed growing concern about the risks of its highly stimulative monetary policy.

Despite the concerns about the effects of its asset purchases, the Fed look set to continue its open-ended stimulus program for now.

The minutes from the December meeting showed a growing reticence about further increases in the central bank's $2.9 trillion balance sheet, which it expanded sharply in response to the financial crisis and recession of 2007-2009.

Stocks had pushed the benchmark S&P 500 index 4.3 percent higher during a two-day run as investors turned their focus to upcoming battles in Congress, including likelihood of bitter fights over spending cuts and raising the federal debt ceiling.

"As we look down the pathway here, there are some real issues in front of the market. There is going to be a new battle in two months over the debt ceiling and sequestration and fourth-quarter earnings are going to start to come into focus," said Stephen Massocca, managing director at Wedbush Morgan in San Francisco.

"There are some issues out there that could hold this market back, but on the other side of the ledger, zero interest rates are a tremendous stock market flotation device."

The rally in equities began on the last day of 2012 on optimism a deal would be reached to avert the "fiscal cliff," and avoid a possible recession. Gains continued on Wednesday, the first trading day of 2013, with Wall Street's best performance since December 20, 2011 after Congress approved a fiscal compromise.

Retailers advanced after several major companies in the sector beat expectations of modest sales increases in December, with the S&P retail index <.spxrt> up 0.8 percent and the Morgan Stanley retail index <.mvr> up 0.6 percent.

The Dow Jones industrial average <.dji> dropped 17.47 points, or 0.13 percent, to 13,395.08. The Standard & Poor's 500 Index <.spx> shed 2.30 points, or 0.16 percent, to 1,460.12. The Nasdaq Composite Index <.ixic> dipped 5.19 points, or 0.17 percent, to 3,107.07.

Economic data showed U.S. private-sector employers shrugged off a looming budget crisis and stepped up hiring in December, offering further evidence of underlying strength in the economy as 2012 ended.

The government's broader monthly payrolls report, due on Friday, is expected to show the economy created 150,000 jobs compared with 146,000 in November, according to a Reuters poll. The U.S. unemployment rate is seen holding steady at 7.7 percent.

Retailers advanced after several major companies in the sector beat expectations of modest sales increases in December, with the S&P retail index <.spxrt> up 0.8 percent and the Morgan Stanley retail index <.mvr> up 0.6 percent.

Shares in Costco Wholesale Corp rose 1.4 percent to $102.85 after the company reported a better-than-expected 9 percent rise in December sales at stores open at least a year.

Gap Inc stock climbed 3.1 percent to $32.33 following news that the retailer will buy women's fashion boutique Intermix Inc, the Wall Street Journal reported.

Family Dollar Stores Inc stumbled 12 percent to $56.38 on the company's report of lower-than-expected quarterly profit.

(Additional reporting by Angela Moon, Editing by Bernadette Baum and Kenneth Barry)

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World Briefing | Middle East: Comedian Accused of Insulting Egyptian President to Be Investigated

Prosecutors in Cairo opened a criminal investigation on Tuesday into allegations that a popular television comedian, Bassem Youssef, who has taken special aim at ultraconservative Islamists on his program, had insulted Egypt’s president, Mohamed Morsi, during his satirical monologues.  

The accusations against Mr. Youssef come amid growing fears among Egypt’s media professionals that the country’s newly ratified Constitution offers scant protections for freedom of expression.

Since Mr. Morsi was elected in June, the authorities have opened investigations into several media figures accused of insulting him or the Muslim Brotherhood, the Islamist group he once led.

An Islamist lawyer who filed the complaint against Mr. Youssef, Ramadan al-Aqsuri, said a skit in which the comedian printed a picture of Mr. Morsi’s face on a red pillow amounted to a “sharp attack on the person of the president.” Separately, a Muslim Brotherhood lawyer filed a lawsuit asking the state to pull Mr. Youssef’s show off the air and to close down the channel that carries it, citing “sarcasm against the president.”  

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Apple reportedly considering Waze acquisition to help fix iOS Maps app

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Prince Charles Beats Prince William on Best Dressed List

By Simon Perry

01/02/2013 at 02:15 PM EST

Princes Charles, William and Harry

Getty (2), REX USA

Move over, Prince William and Prince Harry. Prince Charles is first in line for the throne, and can unofficially be crowned the "King of good tailoring."

The 64-year-old soon-to-be grandfather reigns at No. 8 on GQ 's annual best dressed list – well ahead of dashing William, who came in at 37.

Natalie Massenet of Net-a-Porter and head of the British Fashion Council calls Charles always "on trend." His method being simple: "This is a man who knows what he likes, knows how to wear it, and sticks with it whatever the prevailing fashions," she says in the February issue of the magazine out Thursday in the U.K. and next week in the U.S.

Since marrying Kate, 30-year-old William is noted to have improved sartorially, donning suits by Richard James and Spencer Hart.

And despite coming in far down the list, the debonair prince still get some raves and is said by the men's magazine to epitomize "true British style." 

Meanwhile, guess who topped the list of 50: Downton Abbey's Dan Stevens beat Robert Pattinson, Homeland's Damian Lewis and Idris Alba for the No. 1 spot. He is "always a class act," the magazine says.

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Brain image study: Fructose may spur overeating

This is your brain on sugar — for real. Scientists have used imaging tests to show for the first time that fructose, a sugar that saturates the American diet, can trigger brain changes that may lead to overeating.

After drinking a fructose beverage, the brain doesn't register the feeling of being full as it does when simple glucose is consumed, researchers found.

It's a small study and does not prove that fructose or its relative, high-fructose corn syrup, can cause obesity, but experts say it adds evidence they may play a role. These sugars often are added to processed foods and beverages, and consumption has risen dramatically since the 1970s along with obesity. A third of U.S. children and teens and more than two-thirds of adults are obese or overweight.

All sugars are not equal — even though they contain the same amount of calories — because they are metabolized differently in the body. Table sugar is sucrose, which is half fructose, half glucose. High-fructose corn syrup is 55 percent fructose and 45 percent glucose. Some nutrition experts say this sweetener may pose special risks, but others and the industry reject that claim. And doctors say we eat too much sugar in all forms.

For the study, scientists used magnetic resonance imaging, or MRI, scans to track blood flow in the brain in 20 young, normal-weight people before and after they had drinks containing glucose or fructose in two sessions several weeks apart.

Scans showed that drinking glucose "turns off or suppresses the activity of areas of the brain that are critical for reward and desire for food," said one study leader, Yale University endocrinologist Dr. Robert Sherwin. With fructose, "we don't see those changes," he said. "As a result, the desire to eat continues — it isn't turned off."

What's convincing, said Dr. Jonathan Purnell, an endocrinologist at Oregon Health & Science University, is that the imaging results mirrored how hungry the people said they felt, as well as what earlier studies found in animals.

"It implies that fructose, at least with regards to promoting food intake and weight gain, is a bad actor compared to glucose," said Purnell. He wrote a commentary that appears with the federally funded study in Wednesday's Journal of the American Medical Association.

Researchers now are testing obese people to see if they react the same way to fructose and glucose as the normal-weight people in this study did.

What to do? Cook more at home and limit processed foods containing fructose and high-fructose corn syrup, Purnell suggested. "Try to avoid the sugar-sweetened beverages. It doesn't mean you can't ever have them," but control their size and how often they are consumed, he said.

A second study in the journal suggests that only severe obesity carries a high death risk — and that a few extra pounds might even provide a survival advantage. However, independent experts say the methods are too flawed to make those claims.

The study comes from a federal researcher who drew controversy in 2005 with a report that found thin and normal-weight people had a slightly higher risk of death than those who were overweight. Many experts criticized that work, saying the researcher — Katherine Flegal of the Centers for Disease Control and Prevention — painted a misleading picture by including smokers and people with health problems ranging from cancer to heart disease. Those people tend to weigh less and therefore make pudgy people look healthy by comparison.

Flegal's new analysis bolsters her original one, by assessing nearly 100 other studies covering almost 2.9 million people around the world. She again concludes that very obese people had the highest risk of death but that overweight people had a 6 percent lower mortality rate than thinner people. She also concludes that mildly obese people had a death risk similar to that of normal-weight people.

Critics again have focused on her methods. This time, she included people too thin to fit what some consider to be normal weight, which could have taken in people emaciated by cancer or other diseases, as well as smokers with elevated risks of heart disease and cancer.

"Some portion of those thin people are actually sick, and sick people tend to die sooner," said Donald Berry, a biostatistician at the University of Texas MD Anderson Cancer Center in Houston.

The problems created by the study's inclusion of smokers and people with pre-existing illness "cannot be ignored," said Susan Gapstur, vice president of epidemiology for the American Cancer Society.

A third critic, Dr. Walter Willett of the Harvard School of Public Health, was blunter: "This is an even greater pile of rubbish" than the 2005 study, he said. Willett and others have done research since the 2005 study that found higher death risks from being overweight or obese.

Flegal defended her work. She noted that she used standard categories for weight classes. She said statistical adjustments were made for smokers, who were included to give a more real-world sample. She also said study participants were not in hospitals or hospices, making it unlikely that large numbers of sick people skewed the results.

"We still have to learn about obesity, including how best to measure it," Flegal's boss, CDC Director Dr. Thomas Frieden, said in a written statement. "However, it's clear that being obese is not healthy - it increases the risk of diabetes, heart disease, cancer, and many other health problems. Small, sustainable increases in physical activity and improvements in nutrition can lead to significant health improvements."

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Online:

Obesity info: http://www.cdc.gov/obesity/data/trends.html

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

Mike Stobbe can be followed at http://twitter.com/MikeStobbe

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Wall Street extends gains on "cliff" deal

NEW YORK (Reuters) - U.S. stocks jumped on the year's first day of trading, after Washington lawmakers cut a last-minute deal to avert automatic tax hikes that threatened to stunt economic growth.

With the gains, the S&P 500 was on target for its highest close since October 19.

The rally was broad-based, with nine stocks rising for every one falling on the New York Stock Exchange. All 10 S&P 500 industry sector indexes rose at least 1 percent, led by the S&P financial index <.gspf>, up 2.2 percent.

The S&P Information Technology index <.gspt> gained 2.1 percent. Among the strongest names in the sector was Hewlett-Packard , which climbed nearly 5 percent to $14.95. HP's gain followed a miserable 2012, when the stock fell nearly 45 percent.

On New Year's Day, while the U.S. stock market was closed, Congress passed a bill to raise taxes on wealthy individuals and families, and preserve certain benefits, while avoiding immediate austerity measures. The combination of mandatory tax hikes and reduced federal spending, which had been set to go into effect on January 1, had been known as the "fiscal cliff.

"We had three choices: We were going to be off the cliff, we were going to be on the cliff, or we were going to avoid the cliff, and we avoided it," said Brian Battle, director of trading at Performance Trust Capital Partners in Chicago.

"There's a relief rally, some progress because we raised revenue, but I think it's going to be short-lived because the relief rally today was created by politics, and the next cliff is going to be created by politics."

The vote avoided income-tax hikes for all U.S. households, but failed to resolve other political budget showdowns. Spending cuts of $109 billion in military and domestic programs were delayed for just two months, as another fight over the U.S. debt limit also looms then.

The market's surge was due to "the concrete news as opposed to a lack of specific news" that was common during the negotiations, said Stephen Carl, head of U.S. equity trading at The Williams Capital Group in New York.

U.S. stocks ended 2012 with the S&P 500 up 13.4 percent for the year, as investors largely shrugged off worries about the fiscal cliff. For the year, the Dow gained 7.3 percent and the Nasdaq jumped 15.9 percent.

The Dow Jones industrial average <.dji> gained 223.60 points, or 1.71 percent, to 13,327.74. The Standard & Poor's 500 Index <.spx> advanced 24.61 points, or 1.73 percent, to 1,450.80. The Nasdaq Composite Index <.ixic> climbed 66.87 points, or 2.21 percent, at 3,086.38.

Bank shares rose following news that U.S. regulators are close to securing another multibillion-dollar settlement with the largest banks to resolve allegations that they unlawfully cut corners when foreclosing on delinquent borrowers.

Bank of America Corp rose 3.4 percent to $11.99 and Wells Fargo shares added 2 percent to $34.87. JPMorgan Chase & Co shares rose 1.5 percent to $44.34.

Shares of Zipcar Inc jumped 48.4 percent to $12.23 after Avis Budget Group Inc said it would buy Zipcar for about $500 million in cash to compete with larger rivals Hertz and Enterprise Holdings Inc. Avis rose 4.5 percent to $20.72.

Shares of Apple rose 2.4 percent to $545, boosting technology stocks, following a report that the most valuable tech company has started testing a new iPhone and a new version of its iOS software. Apple stocks struggled in the final weeks of 2012 before a rally to end the year.

U.S. manufacturing expanded slightly in December after an unexpected November contraction, an Institute for Supply Management report showed on Wednesday.

A Commerce Department report showed U.S. construction spending fell in November for the first time in eight months, as an extended bout of weakness in the business sector outweighed modest growth in outlays on residential projects.

The stock market's reaction to both reports was muted.

(Editing by Jan Paschal)

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Stampede at New Year’s Celebration Kills Dozens in Ivory Coast

Herve Sevi/Agence France-Presse — Getty Images

People injured in a stampede in Abidjan, Ivory Coast, were treated at the Cocody hospital on Tuesday.

At least 60 people were killed in Ivory Coast’s economic capital, Abidjan, as a New Year’s fireworks celebration turned into a deadly stampede early on Tuesday.

The crowd of thousands was leaving the sprawling stadium in the downtown Plateau neighborhood after the last fireworks had signaled the new year when panic struck. In the crush, dozens were trampled underfoot, officials in Abidjan said Tuesday.

Many were pushed into a small gully adjoining the Houphouët-Boigny stadium on the Boulevard de la République, in the heart of the city’s compact central business district, then crushed as the panicked crowd surged over them.

Children appeared to be among the injured and dead: the state television station, RTI, showed images of wounded children in one of the city’s hospitals, as well as pregnant women stretched on cots.

Ivorian officials Tuesday said that they were baffled as to what set off the stampede but that an investigation had been launched.

“The precise circumstances of this tragic occurrence are being looked into by the security services,” Ivory Coast’s interior minister, Hamed Bakayoko, said on RTI Tuesday. RTI showed rescue workers carrying bodies through the streets and ambulances lined up in the darkness.

Mr. Bakayoko told RTI that “the New Year’s Eve celebrations brought many onto the streets of Plateau. There were 50,000 people on the streets. They were going home, and there was a stampede.”

At the scene, witnesses said there were piles of abandoned shoes.

The head of the rescue services, Lt. Col. Issa Sakho, told an RTI reporter that the “flow of people created a great crush, and in the stampede there were people who were trampled, people who were suffocated.” More than 200 were wounded, officials said.

Careless police action could have incited the stampede, witnesses said. At the hospital in the city’s adjoining Cocody neighborhood, one of the wounded — a young man who declined to give his name — said that the police had tried to disperse the crowd as it was leaving the stadium. That action provoked a mass panic, the young man said, and the crowd surged forward.

The Ivorian police and security services, with a long record of brutality, are feared by the people of Abidjan, a sprawling city of some four million people. Arbitrary arrests, unpunished beatings, and impromptu traffic stops, often to extort money, are not uncommon in the city’s poorer neighborhoods.

The police and security forces were the principal instruments in a campaign of repression that lasted months in 2010-2011 by the deposed former president, Laurent Gbagbo, who was ousted by rebel fighters and French forces after he failed to give up office after his electoral defeat. Some 3,000 people were killed in the civil war precipitated by Mr. Gbagbo’s refusal.

The fireworks celebration, sponsored by the government of the country’s president, Alassane Ouattara, was the second since Mr. Gbagbo’s ouster. It was intended as another sign that Ivory Coast, with its surging economic growth rate and renewed foreign investment, has emerged from years of political crisis, repression and civil war.

Social, ethnic and political tensions remain acute, however, with some observers warning that Mr. Ouattara has done too little to resolve problems left over from the Gbagbo years.

Loucoumane Coulibaly contributed reporting.

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