Myanmar: Evolution, not revolution




Tourists walk around the Shwedagon Pagoda in Yangon in April. The tourism industry is set for expansion.




STORY HIGHLIGHTS


  • Myanmar is undergoing incremental change, welcomed by all, says Parag Khanna

  • But he says people still tread lightly, careful not to overstep or demand too much

  • Myanmar has survived succession of natural and man-made ravages, Khanna adds

  • With sanctions lifted, foreign investment is now pouring in from Western nations




Editor's note: Parag Khanna is a Senior Research Fellow at the New America Foundation and Senior Fellow at the Singapore Institute of International Affairs. His books include "The Second World," "How to Run the World," and "Hybrid Reality."


Yangon, Myanmar (CNN) -- Call it a case for evolution instead of revolution. While the Arab world continues in the throes of violence and uncertainty, Myanmar is undergoing incremental change -- and almost everyone seems to want it that way.


The government is lightening up: holding elections, freeing political prisoners, abolishing censorship, legalizing protests, opening to investment and tourists and welcoming back exiles. But the people still tread lightly, careful not to overstep or demand too much. Still, the consensus is clear: Change in Myanmar is "irreversible."


Read more: Aung San Suu Kyi and the power of unity


As the British Raj's jungle frontier, Burma was a key Asian battleground resisting the Japanese occupation of Southeast Asia during World War II. As with many post-colonial countries, the euphoria of independence and democracy in 1948 gave way in just over a decade to the 1962 coup in which General Ne Win nationalized the economy and abolished most institutions except the army.



Parag Khanna

Parag Khanna



Non-alignment gave way to isolationism. Like Syria or Uzbekistan, Myanmar became an ancient Silk Road passageway that almost voluntarily choked itself off, choosing the unique path of a Buddhist state conducting genocide, slavery, and human trafficking.


Watch: Myanmar in grip of economic revolution


The military junta began its increasingly cozy rapproachment with Deng Xiaoping's China in the 1970s, just as China was opening to the world, and used cash from its Golden Triangle drug-running operations to pay for Chinese weapons.


Mass protests, crackdowns and another coup in 1988 led to a rebranding of the junta as the State Law and Order Restoration Council (SLORC) and the country's official renaming as the Union of Myanmar.


Terrorized, starving and homeless: Myanmar's Rohingya still forgotten


The 1990 elections, in which Aung San Suu Kyi's National League for Democracy (NLD) won a majority of the seats, were annulled by the SLORC, which continued to rule until 2011 when it was formally disbanded. Most international sanctions on Myanmar have now been lifted.






Read more: Myanmar: Is now a good time to go?


In just the past few years, Myanmar has survived a succession of natural and man-made ravages, from the brutal crackdown on the Saffron Revolution of 2007 (led by Buddhist monks but more widely supported in protest against rising fuel prices and economic mismanagement), to Cyclone Nargis (which killed an estimated 200,000 people in 2008) to civil wars between the government's army and ethnic groups such as the Kachin in the north and Shan and Karen in the east, and communal violence between the Muslim Rohingya (ethnic Bengalis) and Buddhist Rakhine in the west.


There are still approximately 150,000 Karen refugees in Thailand (and over 300,000 total refugees on the Thai-Burmese border) and more than 100,000 displaced Rohinya living in camps in Sittwe. So difficult is holding Myanmar together that even Aung San Suu Kyi, who helps lead the national reconciliation process, ironically advocated the use of the army (which kept her under house arrest for almost two decades) to pacify the rebellions.


Though sectarian conflict between Muslims and Buddhists in Rakhine underscores the Myanmar's tenuous search for national unity, the genuine efforts at religious pluralism are reminiscent of neighboring India: Every religion is officially recognized, and days are given off for observance. Surrounding Yangon's downtown City Hall is not only the giant Sule Pagoda but also a mosque, synagogue, church and Jain temple. The roundabout is therefore a symbol of the country's diversity -- but also the place where protesters flock when the government doesn't live up to promises.


Q&A: What's behind sectarian violence in Myanmar?


Scarred from decades of oppressive and ideological rule and still beset by conflict, it is therefore against all odds that Myanmar would become the most talked about frontier market of the moment, a top Christmas holiday destination and a case study in democratic transitions. Myanmar's political scene is now a vibrant but cacophonous discourse involving the still-powerful army; upstart parliament; repatriated civilian advisers; flourishing civil society, including human rights groups, ambitious business community, the Buddhist religious community, and a feisty media (especially online).


The parliament is pushing for accountability in telecom and energy contracts, and its speaker, Shwe Mann, is already maneuvering to challenge the chairman of his Union Solidarity and Development Party (USDP) -- current president Thein Sein -- in the 2015 elections.


In the meantime, however, the establishment in Yangon and the new capital of Napyidaw need to focus much more on building capacity. Thein Sein, who traded in his uniform for indigenous attire in 2011, has reshuffled the Cabinet to make room for functional experts in the energy and economic portfolios. He's even spearheaded an anti-corruption drive, admitting recently that Myanmar's "governance falls well below international standards." By many accounts he is also very open to advice on investment and other reforms.


He will need it, as Myanmar faces crucial tests of its international credibility in the coming years. In 2013, Myanmar will play host to the World Economic Forum (WEF) as well as the Southeast Asian Games. In 2014 it will chair the ASEAN regional group, and in 2015 it is expected to enter a new ASEAN Free Trade Area.


The military's power is still pervasive, placing it somewhere on the spectrum between Indonesia, where military influence has been rolled back, and Pakistan, where the military still dominates. On the streets, it's often difficult to know who is in charge.


One numerological fetish led to the driving side being unilaterally changed, making Myanmar the rare place where the steering wheel is (mostly) on the right, and cars drive (mostly) on the right. At least a dozen official and private newspapers (though private daily papers are not allowed yet) are on offer from meandering street hawkers, while you inch through Yangon's increasingly dense daily traffic jams.


At this time of year, visitors to Burma enjoy crisp, smoky morning air and dry, starry nights. Yangon is undergoing a construction boom, with faded colonial embassies turned into bustling banks, the national independence column being refurbished and redesigned with a park, and tycoons building columned mansions near downtown -- and seeking Buddhist blessings by pledging lavish donations for the construction of even more monasteries and pagodas.


By 2020, the population of Yangon could easily double from the current 5 million, at which point it may look like a mix of Calcutta and Kuala Lumpur.


Thant Myint-U, the grandson of former U.N. Secretary-General U Thant and noted historian of modern Burma, now wears several hats related to ethnic reconciliation, foreign donor trust funds and urban conservation. He says that as foreign aid flows grow from trickles into a flood, they have to be systematically focused on sustainable employment creation and infrastructure. USAID has pledged to spend more than $150 million in Myanmar in the next three years.



Myanmar's opening, however, is strongly motivated by an anti-Chinese sentiment that is part of a much wider global blowback against China's commercial and strategic encroachment
Parag Khanna



Outside of Yangon, the pace of Burmese society slows to a timeless pace -- as do Internet connections. On village roads, cycle rickshaws and monks with parasols amble by fruit vendors and car part stalls. Whether at the Dhammayazika Pagoda in Bagan or Mandalay Hill in that city, locals enjoy watching sunrises and sunsets as much as tourists.


Traveling around Myanmar, one observes the paradox of a country that has massive potential yet still needs just about everything. Yangon's vegetable market is a maze of tented alleys overflowing with cabbage, pineapples, eggplant and flowers, but they are still transported by wheelbarrows and bicycles. Ox-drawn ploughs still power farming in much of the country, meaning agricultural output of rice, beans and other staples could grow immensely through mechanization.


Similarly, the British-era light-rail loop circling Yangon takes about three hours to ride once around, with no linking bus services into downtown. But with cars already clogging the city, a major transport overhaul is essential. The communications sector actually needs to be re-invented. At present, the country's Internet and mobile phone penetration are only just growing; both are still governed by India's 1886 Telegraph Act. Mobile penetration is only 3 million but could easily grow to 30 million (half the population) within the next couple of years, as the price of SIM cards come down (so far from $2,000 to about $200), and foreign telecoms are allowed in to provide data coverage.


With sanctions lifted, foreign investment is now pouring in from Western nations, in addition to the players who have been making inroads for years such as China, Thailand and Singapore. The paradox, however, is that Myanmar lacks the infrastructure (physical and institutional) to absorb all the investor interest.


Major nations have thus focused on special economic zones that they themselves effectively run. The way Japan has moved into Myanmar, one would think that its World War II imperialism has been forgotten. After their major bet on the Thilawa special economic zone south of Yangon, Japanese contractors have plans to deepen the Yangon River's estuary so that cargo ships can sail directly up to the city's shores and offload more containers of cars that are already being briskly snapped up at busy dealerships.


Besides natural gas and agriculture, everyone agrees that tourism will comprise an ever-larger share of the country's GDP. Especially with much of the country off-limits to foreigners due to security restrictions and the military's economic operations, tourists already clog all existing suitable hotels in Yangon, Bagan and Mandalay, meaning a massive upgrade is needed in the hospitality sector.


Annual tourist visits are climbing 25% annually to an estimated 400,000 for 2012. Daily flights arrive packed from around the region, with longer-haul routes beginning from as far afield as Istanbul and Doha.


Still, Myanmar is a traveler's dream come true. In Bagan, you can walk or take a sunrise jog around countless pagodas that feel like they haven't been touched in 800 years -- some actually haven't. There is also the sacred and enchanting Golden Rock; the pristine beaches of Ngwe Saung, which rival the best of Thailand and the Philippines; the temperate climate of Inle Lake; the Himalayan foothills near Putao in far northern Kachin state where one can trek; the rich dynastic history of Mandalay; and the languorous Irrawaddy River cruises that harken to George Orwell's "Burmese Days."


Yangon has a pleasant charm and gentle energy, with vast gardens and riverside walks, the grandeur of centuries-old monuments such as the Shwedegon Pagoda, a fast-growing cultural scene of art galleries and music performances, and a melting pot population of all Myanmar's tribes as well as industrious overseas Indians and Chinese, who make up 5% of the nation's population.


Mandalay in particular is where one feels the depth of China's demographic penetration into Myanmar, owing not only to recent decades of commercial expansion from gems trading to real estate but also centuries of seasonal migrations across the rugged natural border with Yunnan province. Some have begun to call the Shan region "Yunnan South."


The combination of the Saffron Revolution, civil strife, sanctions, its economic lag behind the rest of ASEAN, and the status of becoming a captive resource supplier to China all played crucial roles in Myanmar's opening. China has traditionally been a kingmaker in isolated and sanctioned countries and well-placed to capitalize on the infrastructural and extractive needs of emerging economies as well.


For China, Myanmar represents a crucial artery to evade the "Malacca trap" represented by its dependence on shipping transit through the Straits of Malacca. In 2011 China was still far and away the largest foreign investor in Myanmar, bringing in $5 billion (of a total of $9 billion) across their 2,000-kilometer (1250-mile)-long border. The massive ongoing investments include 63 hydropower projects, a 2,400-kilometer (1500-mile) Sittwe-to-Kunming oil pipeline from the Bay of Bengal and a proposed gas pipeline to China's Yunnan beginning at Myanmar's Ramree Island -- not to mention an entire military outfitted with Chinese tanks, helicopters, boats and planes.


Myanmar's opening, however, is strongly motivated by an anti-Chinese sentiment that is part of a much wider global blowback against its commercial and strategic encroachment. Even well-kept generals are fundamentally Burmese nationalists and awoke to the predicament of total economic and strategic dependence on China. The government has taken major steps to correct this excessive tilt, suspending a major hydroelectric dam project at Myitsone and re-evaluating Wanbao Mining company's giant copper mine concession near Monywa.


Myanmar is now deftly playing the same multi-alignment game mastered by countries such as Kazakhstan in trying to escape the Soviet-Russian sphere of influence: courting all sides and gaining whatever one can from multiple great powers and neighbors while giving up as little autonomy as possible.


India sees Myanmar as the crucial gateway for its "Look East" policy and is offering substantial investments in oil and gas as well as port construction and information technology; Europe has become a larger investor, especially Great Britain; Russia is being courted as a new arms supplier; Japan is viewing Myanmar as its new Thailand for automobile production; and of course, U.S. President Barack Obama visited in December, paving the way not only for greater U.S. investment but even for Myanmar to potentially participate in the Cobra Gold military exercises held annually with America's regional allies.


Obama was not only the first U.S. president to visit Myanmar but also the first to call it by that name, conceding ground in a long-running dispute. The administration hopes that North Korea, Asia's still frozen outcast, will learn the lessons from Myanmar's steady but determined opening.


But countries that are playing multi-alignment don't have to thaw domestically -- witness Saudi Arabia and Kazakhstan. Myanmar is simultaneously undergoing political liberalization and international rehabilitation -- a tricky and laudable feat for sure but not one North Korea is likely to emulate entirely. What the two do have in common, however, is the growing realization that having China as a neighbor is both a blessing and a curse.


During my visit to the "Genius Language School," where university students go for professional English tutoring, I asked the assembled round table whether they were happy that Obama came to visit and whether they considered America a friend. All giggled and chanted: "Yes."


Then I asked, "Are you afraid of China?" And the answer came in immediate, resounding unison: "Yes!"


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The opinions expressed in this commentary are solely those of Parag Khanna.






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Tennis: Tsonga withdraws from Sydney event with injury






SYDNEY, Jan 5, 2013 (AFP) - French tennis star Jo-Wilfried Tsonga has withdrawn from next week's Sydney International with a hamstring injury, tournament organisers said on Saturday.

The world number eight pulled out of the last major lead-up event to this month's Australian Open after suffering the injury playing for France in the mixed teams Hopman Cup in Perth on Friday.

"Unfortunately Jo-Wilfried Tsonga sustained an injury in Perth and has been forced to pull out of the Apia International Sydney with a left hamstring injury," tournament director Craig Watson said.

"We wish him a speedy recovery and all the best for a successful Australian Open."

Tsonga became the second top seed to drop out of the Sydney event after French compatriot Richard Gasquet, the world number 10, pulled out for personal reasons, organisers said.

- AFP/fa



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At least 3 killed after small plane hits home in Fla.

A scene of a plane crash in Palm Coast, Florida, Jan. 4, 2013. / CBS/WKMG/Flagler Live

PALM COAST, Fla. Authorities say at least three people are dead after a small plane crashed into a house while trying to land at a central Florida airport.

The Florida Highway Patrol confirmed the deaths Friday afternoon.

The Federal Aviation Administration says the pilot reported mechanical problems shortly after 2 p.m. Friday. The Beechcraft BE35, which had three people onboard, had been heading to Downtown Island Airport in Knoxville, Tenn., but diverted to the Flagler County Airport. FAA officials didn't immediately know where the plane took off.

The Flagler County Sheriff's Office reports that the plane hit a Palm Coast home just east of the airport a few minutes after the pilot's call. The house caught fire and the home's owner was taken to a nearby hospital in stable condition.

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Obama Poised to Name New Defense, Treasury Chiefs













With the "fiscal cliff" crisis behind him, President Obama is poised to name two new key players to his cabinet, with both announcements expected to come next week.


Obama will name the replacement for outgoing Defense Secretary Leon Panetta as soon as Monday, sources told ABC News. Former Republican Sen. Chuck Hagel is the likely nominee, they said.


Meanwhile, the president is also eyeing a replacement for outgoing Treasury Secretary Timothy Geithner, the longest-serving member of Obama's first-term economic team and one-time lead negotiator for the administration in the "fiscal cliff" talks.


Current chief of staff Jack Lew is all but certain to get the nod for Treasury, according to people familiar with Obama's thinking.


A White House spokesman cautioned that the president has not yet made a final decision on either post, calling reports about Hagel and Lew "merely guessing."


Still, when Obama returns from his Hawaiian vacation on Sunday, he's expected to waste little time filling out his team for a second term.


Geithner has said he would remain at his post "until around the inauguration" Jan. 20, a Treasury spokesperson said Thursday, putting the department potentially in transition just as the administration confronts the next financial "cliffs" over automatic spending cuts and the nation's debt limit.






Brendan Hoffman/Getty Images











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During an appearance on ABC's "This Week" in April, Geithner said the next Treasury secretary would need to be someone who is "willing to tell [Obama] the truth and, you know, help him do the tough things you need to do."


Lew, a former two-time Office of Management and Budget director and trusted Obama confidant who has held the chief of staff role since early 2012, is the front-runner for the job.


Meanwhile, Sen. John Kerry -- Obama's nominee to replace outgoing Secretary of State Hillary Clinton -- has begun making more regular appearances at the U.S. State Department before his expected confirmation later this month.


His Senate hearings are set to begin shortly after Obama's inauguration, sources say. The administration still expects Clinton to testify about the Sept. 11 Benghazi, Libya, attacks before Kerry is confirmed.


But it is the potential nomination of Republican Hagel that has caused the most stir.


Critics from across the political spectrum have taken aim at the former senator from Nebraska's record toward Israel and what some have called a lack of experience necessary to lead the sprawling Pentagon bureaucracy or its operations. The controversy has set the stage for what would be a contentious confirmation process.


"A lot of Republicans and Democrats are very concerned about Chuck Hagel's position on Iran sanctions, his views toward Israel, Hamas and Hezbollah, and that there is wide and deep concern about his policies," Sen. Lindsey Graham, R-S.C., told "Fox News Sunday."


He would not say whether Republicans felt so strongly as to expect a filibuster of the nomination.


"I can tell you there would be very little Republican support for his nomination," Graham said. "At the end of the day, they will be very few votes."


Still, Hagel, 66, a former businessman and decorated veteran who served in the Vietnam War, has won praise and admiration from current and former diplomats for his work on Obama's Intelligence Advisory Board and Panetta's Policy Advisory Board.





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Why U.S. lives under the shadow of 'W'




Julian Zelizer says former President George W. Bush's key tax and homeland security policies survive in the age of Obama




STORY HIGHLIGHTS


  • Julian Zelizer: For all the criticism Bush got, two key policies have survived

  • He says fiscal cliff pact perpetuates nearly all of Bush's tax cuts

  • Obama administration has largely followed Bush's homeland security policy, he says

  • Zelizer: By squeezing revenues, Bush tax cuts will put pressure on spending




Editor's note: Julian Zelizer is a professor of history and public affairs at Princeton University. He is the author of "Jimmy Carter" and of "Governing America."


Princeton, New Jersey (CNN) -- Somewhere in Texas, former President George W. Bush is smiling.


Although some Democrats are pleased that taxes will now go up on the wealthiest Americans, the recent deal to avert the fiscal cliff entrenches, rather than dismantles, one of Bush's signature legacies -- income tax cuts. Ninety-nine percent of American households were protected from tax increases, aside from the expiration of the reduced rate for the payroll tax.



Julian Zelizer

Julian Zelizer



In the final deal, Congress and President Barack Obama agreed to preserve most of the Bush tax cuts, including exemptions on the estate tax.


When Bush started his term in 2001, many of his critics dismissed him as a lightweight, the son of a former president who won office as result of his family's political fortune and a controversial decision by the Supreme Court on the 2000 election.



But what has become clear in hindsight, regardless of what one thinks of Bush and his politics, is that his administration left behind a record that has had a huge impact on American politics, a record that will not easily be dismantled by future presidents.


The twin pillars of Bush's record were counterterrorism policies and tax cuts. During his first term, it became clear that Obama would not dismantle most of the homeland security apparatus put into place by his predecessor. Despite a campaign in 2008 that focused on flaws with the nation's response to 9/11, Obama has kept most of the counterterrorism program intact.


Opinion: The real issue is runaway spending


In some cases, the administration continues to aggressively use tactics his supporters once decried, such as relying on renditions to detain terrorist suspects who are overseas, as The Washington Post reported this week. In other areas, the administration has expanded the war on terrorism, including the broader use of drone strikes to kill terrorists.










Now come taxes and spending.


With regard to the Bush tax cuts, Obama had promised to overturn a policy that he saw as regressive. Although he always said that he would protect the middle class from tax increases, Obama criticized Bush for pushing through Congress policies that bled the federal government of needed revenue and benefited the wealthy.


In 2010, Obama agreed to temporarily extend all the tax cuts. Though many Democrats were furious, Obama concluded that he had little political chance to overturn them and he seemed to agree with Republicans that reversing them would hurt an economy limping along after a terrible recession.


Opinion: Time to toot horn for George H.W. Bush


With the fiscal cliff deal, Obama could certainly claim more victories than in 2010. Taxes for the wealthiest Americans will go up. Congress also agreed to extend unemployment compensation and continue higher payments to Medicare providers.


But beneath all the sound and fury is the fact that the 2001 and 2003 tax cuts, for most Americans, are now a permanent part of the legislative landscape. (In addition, middle class Americans will breathe a sigh of relief that Congress has permanently fixed the Alternative Minimum Tax, which would have hit many of them with a provision once designed to make sure that the wealthy paid their fair share.)


As Michigan Republican Rep. Dave Camp remarked, "After more than a decade of criticizing these tax cuts, Democrats are finally joining Republicans in making them permanent." Indeed, the Congressional Budget Office estimates that the new legislation will increase the deficit by $4 trillion over the next 10 years.


The tax cuts have significant consequences on all of American policy.


Opinion: Christie drops bomb on GOP leaders


Most important, the fact that a Democratic president has now legitimated the moves of a Republican administration gives a bipartisan imprimatur to the legitimacy of the current tax rates.


Although some Republicans signed on to raising taxes for the first time in two decades, the fact is that Democrats have agreed to tax rates which, compared to much of the 20th century, are extraordinarily low. Public perception of a new status quo makes it harder for presidents to ever raise taxes on most Americans to satisfy the revenue needs for the federal government.


At the same time, the continuation of reduced taxes keeps the federal government in a fiscal straitjacket. As a result, politicians are left to focus on finding the money to pay for existing programs or making cuts wherever possible.


New innovations in federal policy that require substantial revenue are just about impossible. To be sure, there have been significant exceptions, such as the Affordable Care Act. But overall, bold policy departures that require significant amounts of general revenue are harder to come by than in the 1930s or 1960s.


Republicans thus succeed with what some have called the "starve the beast" strategy of cutting government by taking away its resources. Since the long-term deficit only becomes worse, Republicans will continue to have ample opportunity to pressure Democrats into accepting spending cuts and keep them on the defense with regards to new government programs.


Politics: Are the days of Congress 'going big' over?


With his income tax cuts enshrined, Bush can rest comfortably that much of the policy world he designed will remain intact and continue to define American politics. Obama has struggled to work within the world that Bush created, and with this legislation, even with his victories, he has demonstrated that the possibilities for change have been much more limited than he imagined when he ran in 2008 or even in 2012.


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The opinions expressed in this commentary are solely those of Julian Zelizer.






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Australian soy milk action widened to Japanese firms






SYDNEY: Hundreds of Australians who became sick after drinking soy milk containing dangerously high levels of iodine have widened their class action to include two Japanese companies, lawyers said.

About 600 Australians became ill after consuming Bonsoy milk, many suffering thyroid problems, up until the product was withdrawn from sale in late 2009, Maurice Blackburn Lawyers said late Thursday.

The case against the Australian brand owner Spiral Foods launched in the Victorian Supreme Court in 2010 had been widened to include manufacturer Marusan-ai Co Ltd and exporter Muso Co Ltd, the firm said.

"We say that these three companies had test results in mid-2006 which showed that Bonsoy contained extremely high levels of iodine, but they did nothing," said senior associate Irina Lubomirska in a statement.

Lubomirska said the companies had breached consumer protection laws in Australia and Japan.

"None of the three companies did anything to ensure that Bonsoy, which was marketed and sold as a premium health-food soy brand, was in fact safe to consume," she said.

The class action alleges that Spiral requested a reformulation of Bonsoy to include iodine-rich kombu instead of adding salt and that as a result the product had contained excessive iodine since mid-2003.

It also alleges that consumer concerns about iodine were repeatedly dismissed.

Victims are seeking compensation for medical expenses and loss of income as well as for the pain and suffering.

By the time Bonsoy was recalled in late 2009, after Australian authorities discovered that one glass contained seven times the upper safe dose of iodine for adults, it had been on the market for six years, Maurice Blackburn said.

Because it was touted as a healthy product, some consumers had increased their intake when they became ill, Lubomirska added.

A directions hearing on the matter is scheduled for March 8.

-AFP/ac



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Google survives antitrust probe with little damage

SAN FRANCISCO Google has settled a U.S. government probe into its business practices without making any major concessions on how the company runs its Internet search engine, the world's most influential gateway to digital information and commerce.

Thursday's agreement with the Federal Trade Commission covers only some of the issues raised in a wide-ranging antitrust investigation that could have culminated in a regulatory crackdown that re-shapes Internet search, advertising and mobile computing.

But that crackdown didn't happen, to the relief of Google and technology trade groups worried about overzealous regulation discouraging future innovation. The resolution disappointed consumer rights groups and Google rivals such as Microsoft Corp., which had lodged complaints with regulators in hopes of legal action that would split up or at least hobble the Internet's most powerful company.

Google is still trying to settle a similar antitrust probe in Europe. A resolution to that case is expected to come within the next few weeks.

After a 19-month investigation, Google Inc. placated the FTC by agreeing to a consent decree that will require the company to charge "fair, reasonable and non-discriminatory" prices to license hundreds of patents deemed essential to the operations of mobile phones, tablet computers, laptops and video game consoles.

The requirement is meant to ensure that Google doesn't use patents acquired in last year's $12.4 billion purchase of Motorola Mobility to thwart competition from mobile devices running on software other than Google's Android system. The products vying against Android include Apple Inc.'s iPhone and iPad, Research in Motion Ltd.'s BlackBerry and Microsoft's Windows software.

Google also promised to exclude, upon request, snippets copied from other websites in capsules of key information shown in response to search requests. The company had insisted the practice is legal under the fair-use provisions of U.S. copyright law. Nonetheless, even before the settlement, Google already had scaled back on the amount of cribbing, or "scraping," of online content after business review site Yelp Inc. lodged one of the complaints that triggered the FTC investigation in 2011.

In another concession, Google pledged to adjust the online advertising system that generates most of its revenue so marketing campaigns can be more easily managed on rival networks.

Google, though, prevailed in the pivotal part of the investigation, which delved into complaints that the Internet search leader has been highlighting its own services on its influential results page while burying links to competing sites. For instance, requests for directions may turn up Google Maps first, queries for video might point to the company's own site, YouTube, and searches for merchandise might route users to Google Shopping.

Although the FTC said it uncovered some obvious instances of bias in Google's results during the investigation, the agency's five commissioners unanimously concluded there wasn't enough evidence to take legal action.

"Undoubtedly, Google took aggressive actions to gain advantage over rival search providers," said Beth Wilkinson, a former federal prosecutor that the FTC hired to help steer the investigation. "However, the FTC's mission is to protect competition, and not individual competitors."

Two consumer rights groups lashed out at the FTC for letting Google off too easily.

"The FTC had a long list of grievances against Google to choose from when deciding if they unfairly used their dominance to crush their competitors, yet they failed to use their authority for the betterment of the marketplace," said Steve Pociask, president of the American Consumer Institute.

John Simpson of frequent Google critic Consumer Watchdog asserted: "The FTC rolled over for Google."

David Wales, who was the FTC's antitrust enforcement chief in 2008 and early 2009, said the agency had to balance its desire to prevent a powerful company from trampling the competition against the difficulty of proving wrongdoing in a rapidly changing Internet search market.

"This is a product of the FTC wanting to push the envelope of antitrust enforcement without risking the danger of losing a case in in court," said Wales, who wasn't involved with the case and is now a partner at the law firm Jones Day.


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James Holmes Defense: Was He Insane?


Jan 3, 2013 5:30pm







James Holmes court appearance mr 120723 wblog James Holmes Defense Witnesses in Colorado Shooting to Testify on Mental State

James Holmes appears in court, Centennial, Colo., July 23, 2012. RJ Sangosti/AP Images.



ABC’s Clayton Sandell and Carol McKinley report:


A judge ruled Thursday that public defenders for accused Colorado theater shooting suspect James Holmes can call two unidentified witnesses at next week’s preliminary hearing to testify about the defendant’s “mental state.”


Arapahoe County, Colo. prosecutors had sought to keep the witnesses out of court, but Judge William Sylvester ruled that the now-25-year-old accused killer has a right to call the witnesses at a preliminary hearing.


The Jan. 7 preliminary hearing will essentially be a mini-trial in which prosecutors will present witness testimony and evidence to convince the judge that there is enough of a case against Holmes to proceed to a trial.


Witnesses to be called for the prosecution include the Aurora police lead detective, first responders, the Arapahoe County coroner and likely a computer forensic specialist, according to prosecution sources who declined to be identified, citing a gag order in the case.


A top priority, the prosecution sources say, will be showing that Holmes acted with premeditation when he allegedly murdered 12 people and wounded 58 on the night of July 20 during a midnight showing of “The Dark Knight Rises.”


Defense attorneys may pursue a legal strategy to show that Holmes was not in his right mind at the time of the shooting.


Holmes, who has not yet entered a plea, has been repeatedly described in court by his legal team as mentally ill. While a graduate student at the University of Colorado, he was in the care of a psychiatrist.


Prosecutors say they will also present photos, video and 911 calls during the hearing, which is expected to last all week.


It’s not clear what the two witnesses’ relationship is to the shooting, or to Holmes.


Prosecutors, Judge Sylvester’s order says, contend that “neither witness has personal knowledge of the events at the Century Aurora 16 Theater.”


Sylvester said the witnesses are non-expert “lay witnesses” who have so far chosen not to be interviewed by defense investigators but have been cooperating with law enforcement.



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