The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Preoccupations: Teaching Meditation Techniques to Organizations





IN 1972, I was a 30-year-old American traveling in India, with the smell of incense in my hair and mantras repeating in my ears. Back then, if you had told me that I would someday be training employees of corporate America to apply contemplative practices to help them become more successful, I would have said you’d been standing too long in India’s hot noonday sun.







Nancy Palmieri for The New York Times

Mirabai Bush is a co-founder and senior fellow at the Center for Contemplative Mind in Society, which offers meditation techniques to organizations.







Yet not long ago, I was standing in front of employees at Google in Mountain View, Calif. They were dutifully following my instructions to feel the sensations of their breath as it passed in and out of their nostrils, and learning how to send e-mail mindfully, by taking three deep breaths before hitting “send.”


I am a co-founder of the Center for Contemplative Mind in Society, a nonprofit organization that is now 16 years old, and we have undertaken a daunting task: to convince people in their workplaces that the simple meditation techniques developed 2,500 years ago by the Buddha might help increase productivity, reduce absenteeism and inspire greater creativity. We have introduced contemplative exercises that can reduce stress and heart rate and increase attention and awareness of self and others. We teach what we call “mindful listening,” so that a speaker is fully heard.


For our first project, we chose a large corporation in the Midwest whose C.E.O. knew one of our board members. We created a three-day, mostly silent retreat off site.


I encountered workers who were exhausted, overworked and stressed. They were curious whether these practices could help, but also skeptical. Before the retreat, several people said, in effect: “Stress got me where I am. I don’t want to lose my edge.”


I thought to myself: This won’t be easy; maybe they won’t even attend.


But they all showed up. First, I asked them to lie on the floor for a deep-relaxation exercise. They didn’t balk; instead, they followed my instructions to let go and relax their bodies. We also introduced mindfulness meditation, which we believe builds attention and insight and helps people become more kind and loving. We taught the practice of bringing our minds to our breath, noticing our breath, and returning to our breath each time the mind wanders off — a task that’s tougher than it sounds.


“This is the hardest thing I’ve ever done,” said the C.E.O., who had a brilliant mind and thousands of employees. But the participants learned how to bring their minds to a place that was calm and clear, a great place to begin thinking and making decisions. When it was over, all felt that it was helpful.


SINCE that first foray into the corporate world, we have worked with many other organizations. For a small group, we have had a big reach, working with high-profile organizations like Yale Law School, Hearst Publications and the Army. We’ve offered programs as diverse as one-hour introductions, four-day intensive retreats, and courses with six weekly sessions.


At first, resistance was everywhere, but so were the possibilities. A litigation lawyer thought that if he became more compassionate toward the opposition in his cases, he couldn’t be a zealous advocate for clients. But he found that being calm, clear and compassionate gave him better insights and better timing.


An environmental leader thought that if others knew he practiced meditation, they wouldn’t take him seriously — and would write him off as a tree-hugger without scientific rigor. Instead, he found that he became more resilient, and less overwhelmed by climate-change predictions, and that he collaborated better with colleagues.


Magazine editors thought that they would miss deadlines; in fact, they learned to focus on priorities and work better in teams to meet the deadlines in new ways. Data-driven Google engineers questioned the value of developing capacities that can’t be quantified, but many of them learned better ways to communicate. One engineer told me his wife had noticed a change in the way he listened to her. She asked him: “What happened to you?”


As we continue exploring the benefits of mindfulness for work, scientists are researching the effects of the practices on the brain. Neuroscientists have confirmed much of what we were experiencing: that meditation improves attention, reduces stress hormones, increases appreciation and compassion for others and helps us recover faster from negative information.


Personally, this work has made me feel more connected to the world. Watching the responses of so many people — from an economics professor to Army soldiers — I’ve come to believe that it’s a basic human need to be calm and clear, to be aware of ourselves and others, to be kind and collaborative, to be fully present in each moment.


It turns out that people work better when they are happy and feel aligned with their work. I know I do.


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India Ink: Rape Victim's Friend Details Attack and Delays in Getting Help

The male friend of a woman who died after being gang-raped and sexually assaulted with an iron rod in New Delhi described the attack for the first time publicly in an interview broadcast Friday.

The details of the vicious attack and its aftermath provided by the man paint a bleak picture of India’s capital city, one in which the assailants had laid a carefully planned trap and neither citizens nor police officials rushed to help a naked, bleeding couple who were left on the side of a highway.

From the time the two were thrown from the moving bus in which they were attacked until they were taken to a hospital, two hours had elapsed, he told Zee News, an Indian news channel.

“We were without clothes,” he said. “We tried to stop people passing by.” After 25 minutes someone called the police, he said. Then, after three police vans arrived, officers argued over who had jurisdiction over the case, he said. He had to carry his friend into the police vehicle, he said, after the police refused because she was bleeding too much.

The man, whose name was disclosed in early reports from Zee News but deleted in later reports, said the police did not take them to the closest hospital, but one further away. “Even at the hospital we were made to wait and I had to literally beg for clothes,” he said.

The New Delhi police said they planned to sue Zee News for broadcasting the interview. The case will be filed under Section 228 (A) of the Indian Penal Code, which deals with the disclosure of identity of victims of certain crimes, including rape.

In the interview, the man said that the attack itself was well planned. “Apart from the driver and helper, others behaved like they were passengers,” he said, until after the couple paid the 20-rupee fee and sat down. “Then they started teasing my friend and the same led to a brawl,” he said. “I beat three of them up but then the rest brought an iron rod and hit me. Before I fell unconscious, they took my friend away.”

Read the interview with Zee News here.

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EU says its Google case not affected by U.S. ruling






BRUSSELS (Reuters) – A decision by U.S. regulators to end a probe into whether Google Inc hurt rivals by manipulating internet searches will not affect the European Union‘s examination of the company.


“We have taken note of the FTC (Federal Trade Commission) decision, but we don’t see that it has any direct implications for our investigation, for our discussions with Google, which are ongoing,” said Michael Jennings, a spokesman for the European Commission, the EU executive.






U.S. regulators on Thursday ended their investigation into the giant internet company, which runs the world’s most popular search engine.


Other internet companies, such as Microsoft Corp, had complained about Google tweaking its search results to give prominence to its own products. But the FTC said there was not enough evidence to pursue a big search-bias case.


The European Commission has for the past two years been investigating complaints against Google, including claims that it unfairly favored its own services in its search results.


Google presented informal settlement proposals to the Commission in July. On December 18 the Commission gave the company a month to come up with detailed proposals to resolve the investigation.


If it fails to address the complaints and is found guilty, Google could eventually be fined up to 10 percent of its revenue – a fine of up to $ 4 billion.


(Reporting By Ethan Bilby; Editing by Sebastian Moffett and David Goodman)


Tech News Headlines – Yahoo! News





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Chiefs, GM Pioli part ways after 4 seasons in KC


KANSAS CITY, Mo. (AP) — Scott Pioli is out as general manager of the Kansas City Chiefs, who have been negotiating the past two days with Andy Reid to become their next coach.


Pioli and the team "mutually parted ways," the Chiefs said in a statement Friday. The decision came after four tumultuous seasons marked by poor draft choices, ineffective free-agent moves, failed coaching hires and a growing fan rebellion.


"I truly apologize for not getting the job done," Pioli said.


The Chiefs fired coach Romeo Crennel on Monday after finishing 2-14, matching the worst record in their 53-year history. Chiefs chairman Clark Hunt said other changes could be made, and indicated that Pioli's future could be determined by their next coach.


A person familiar with the situation told The Associated Press the team is nearing a deal with Reid, who was fired after 14 seasons with the Philadelphia Eagles. The person spoke to AP on condition of anonymity because negotiations were ongoing. It is believed that Reid would prefer to work with his own general manager.


"After several productive conversations, we made the difficult decision to part ways with Scott Pioli and allow him to pursue other opportunities," Hunt said in a statement Friday.


"This was a difficult decision for Scott as well," Hunt said. "He has a great deal of appreciation for the history of this franchise, for our players, coaches and employees, and especially our great fans."


Kansas City will have the No. 1 pick in the NFL draft, and with five players voted to the Pro Bowl, there are certainly pieces in place for the Chiefs to make rapid improvement.


But most of those Pro Bowl players were drafted by Pioli's predecessor, Carl Peterson. The former Patriots executive struggled to find impact talent, particularly at quarterback, while cycling through coaches and fostering a climate of dread within the entire organization.


Numerous longtime staff members were fired upon Pioli's arrival, and his inability to connect with fans resulted in unrest unlike anything the franchise has known. Some of them even paid for banners to be towed behind planes before home games asking that he be fired.


Those fans finally got their wish.


The biggest reason ultimately wasn't the banners and posters, but by the performance of the Chiefs. And that was a reflection of the roster Pioli assembled, one that looked good on paper but not on the field.


Things were no better away from the field, either.


On Dec. 1, linebacker Jovan Belcher shot the mother of his 3-month-old daughter, Kasandra Perkins, at a home not far from Arrowhead Stadium. He then drove to the team's practice facility and was confronted by Pioli, Crennel and defensive coordinator Gary Gibbs.


After thanking the three of them for giving him a chance in the NFL, Belcher turned around in the parking lot, kneeled down and shot himself in the head.


Pioli hasn't spoken publicly since then but issued a statement Friday in which he thanked the organization for giving him an opportunity to be its GM.


"The bottom line is that I did not accomplish all of what I set out to do," Pioli said. "To the Hunt family — to the great fans of the Kansas City Chiefs — to the players, all employees and alumni, I truly apologize for not getting the job done."


Pioli often spoke of putting together "the right 53," but he routinely failed to do so.


His biggest move upon being hired was trading for Patriots backup Matt Cassel and then giving him a $63 million, six-year deal. Cassel went to the Pro Bowl in 2010, when the Chiefs won a surprising AFC West title, but he struggled so mightily that he was benched this season.


Many of Pioli's moves in free agency also backfired.


Tight end Kevin Boss sustained a season-ending head injury in Week 2, running back Peyton Hillis was a shadow of his former self, right tackle Eric Winston got into a messy situation by calling out Chiefs fans during an early season loss, and cornerback Stanford Routt was cut under mysterious circumstances despite signing an $18 million, three-year contract.


One of his biggest shortcomings was in the draft.


He wasted the third overall pick in 2009 on defensive end Tyson Jackson, who has struggled to become an every-down player. The only other player who has made a contribution from Pioli's first draft has been kicker Ryan Succop, their seventh-round selection.


Pioli fared better in 2010, when he nabbed Pro Bowl safety Eric Berry in the first round, but the past two years have been a disappointment. Wide receiver Jon Baldwin, his first-round pick in 2011, has barely made an impact, and defensive tackle Dontari Poe — the 11th overall pick last April — failed to make the kind of impression the Chiefs had hoped.


Pioli didn't fare much better when it came to coaches.


He fired Herm Edwards soon after he was hired and chose Todd Haley as the replacement, but their relationship was strained from the start. Haley was fired last December and Crennel made the interim coach, and then Pioli made the move permanent a few weeks after the season ended.


While beloved and respected by his players, Crennel struggled in his second stint as a head coach, and was dismissed after a 2-14 finish — only the third time in team history the Chiefs failed to win at least three games in a season.


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Scant Proof Is Found to Back Up Claims by Energy Drinks





Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.




Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.


The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.


“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.


Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.


Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.


As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.


Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.


“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”


A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.


In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.


Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.


Consider the case of taurine, an additive used in most energy products.


On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.


But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.


Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.


Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.



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Your Money: An Invitation to High School Seniors to Write About Money





At the University of Michigan, the application essay talked about how local education cutbacks forced high school students to pay money to play team sports. As a result, the writer could no longer afford to play.




At Pitzer College, a student used the example of the Ponzi schemer Bernard Madoff to take a philosophical look at how much money people truly need to be happy.


As the economy has suffered in recent years and college costs have risen, high school seniors have grappled with the fallout in their own families and channeled their feelings into an increasing number of memorable college application essays about sacrifice, social policy and affluence or its opposite. “Students never used to write about this stuff,” said Angel Pérez, vice president and dean of admission and financial aid at Pitzer. “I think there is this new consciousness. It’s unlike anything I’ve ever seen.”


Given the Your Money team’s long-standing endorsement of raising the financial consciousness of the younger set, we wanted to see these writings for ourselves. So we’re asking high school seniors who are applying for college this year to send us application essays that have anything at all to do with money, working, class, the economy and affluence (or lack thereof). We’ll read them all and publish the best on our Bucks personal finance blog.


There is more on our editorial criteria and the logistics down below, but if you’re trying to figure out what counts as a money essay, think broadly, as many applicants have in recent years. “An essay ought to try to fill in the gaps, to tell us things that we don’t know about you,” said Erica Sanders, managing director of the office of undergraduate admissions at the University of Michigan.


Your guidance counselor and teachers who are writing letters of support for your application may not know about or think to write about your family’s financial status, good or bad. “Maybe a parent had to move out of town for work, and the student writes about taking on more responsibility, that it allowed them to take on more leadership and to contribute to their family in a way that they didn’t even know was possible,” she added, echoing essays she’s read in recent years.


Even if your family has not struggled or become fabulously wealthy, an essay about your part-time job certainly qualifies. “Many of our engineering students will talk about building something and the costs of putting it together,” Ms. Sanders said.


Aside from the Madoff essay, Mr. Perez has read other Pitzer applicant essays and had other conversations with applicants about money and the economy in recent years that have stuck with him. “One student last year was very affected by the whole conversation about the 1 percent,” he said. “He sent us his proposal for the tax code. The committee thought that this is someone who is clearly thinking about this in a critical way, is informed about what is going on the world and has done some dissecting of the information, and that’s the kind of student we’re looking for.”


The college essay is always a bit of a high-wire act. Harry Bauld, the author of “On Writing the College Application Essay,” which I credit with helping me get into college, paints a visceral, frightening picture of haggard admissions officers reading dozens of essays each day. Then, he asks readers to imagine that their application is 38th in the pile. How are you going to excite that person?


Writing about money can offer a bit of voyeuristic thrill in this regard, but it also poses its own particular challenges. “Most of my students are absolutely brilliant,” said Mr. Bauld, a high school English teacher at Horace Mann in New York and a former admissions officer at Columbia and Brown. “But they cannot see their own relationship to economic culture. It’s not comprehensible.”


The more affluent ones, if they do understand it, struggle further when trying to put it into words. “When it becomes visible, it comes accompanied with a U-Haul full of guilt that they’re towing behind them,” he said. “Then, it forces them into various clichés.”



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Gérard Depardieu, Citizen of Russia



But since then, a public feud between Mr. Depardieu and French officials has continued to simmer over Mr. Depardieu’s complaint a few days earlier about France’s high tax rates on the wealthy. French politicians and commentators have lambasted him for renouncing his French citizenship and registering as a resident of Néchin in Belgium, which has lower taxes. And on Thursday, the Kremlin announced that Mr. Putin had kept his promise and had signed a decree making Mr. Depardieu a citizen of Russia.


A spokesman for Mr. Putin, Dmitri Peskov, said that Mr. Depardieu had recently applied for citizenship, and that it was granted in honor of his cultural achievements.


“The thing is that Depardieu has been a part of large film projects and has acted many parts, including the part of Rasputin,” Mr. Peskov told the Interfax news agency. Referring to a television movie about the mad monk, he added, “This film has not been shown here, but it is a very bold and innovative interpretation of the character.”


In a letter to Russia’s Channel One television station, Mr. Depardieu confirmed that he applied for Russian citizenship and said he was “happy” the request was granted.


“I adore your country, Russia, your people, your history and your writers,” he wrote, adding that his father was a Communist who listened to Moscow radio. He promised to study Russian and said he wanted to live in a village because Moscow was too big of a city.


He said he had informed the French president, François Hollande, of his decision and also said, “I love your president, Vladimir Putin, very much and it’s mutual.”


It seemed likely, however, that Mr. Putin also saw a poetic opportunity in the chance for Russia, long known for losing wealthy citizens to the West, to claim one in return — and not just anyone, but a macho actor instantly recognizable by a giant nose that seems made for sniffing Bordeaux by the barrel.


That Mr. Depardieu might find Russia an attractive place in which to settle down, or at least to declare as his official tax address, fits in well with a narrative that Mr. Putin has developed in recent months portraying Russia not just as a geopolitical equal of Western powers, but as superior in many respects, especially in terms of its performance during the economic downturn.


“On the whole, we made a recovery from the crisis even faster than other countries,” Mr. Putin said. “Just look at the recession in Europe. Russia has posted growth, albeit a modest one, but we still have a much better situation than in the once-prosperous euro zone, or even in the United States.”


If Mr. Depardieu chooses to take up Russian citizenship, he would potentially trade steep French income tax rates, which he said now claim 85 percent of his income, and even Belgian rates of 60 percent or higher, for Russia’s flat 13 percent income tax. The value-added tax, a sales tax on goods and services, is 18 percent in Russia compared with nearly 20 percent in France, while Russian social security taxes are 30 percent compared with 50 percent in France.


But aside from tax savings, Mr. Putin suggested that French officials were too brusque in their response to Mr. Depardieu’s complaints and that he might find that Russians simply understand him better as an artist. “Actors, musicians and artists are people with a special, delicate psychological makeup and, as we say in Russia, the artist is easily offended,” Mr. Putin said at the news conference on Dec. 20. “So I understand Mr. Depardieu’s feelings.”


Mr. Putin at the time went out of his way to say that he meant no ill will toward the French. “Among our foreign partners, France stands out,” he said, prefacing his response to a reporter who asked if he had offered Mr. Depardieu residency. “We have had close spiritual ties for centuries now, despite tragic events in our common history.”


Mr. Putin also said that he regarded Mr. Depardieu as thoroughly French as Mr. Putin, a former K.G.B. agent, is Russian. “I must say that even though he said — and I read his statement — that he considers himself a European, a citizen of the world, I know for a fact that he considers himself a Frenchman,” Mr. Putin said. “I know this since we have very friendly, personal relations, even though we have not met many times. He loves his country, its history, its culture; that’s his life.”


Mr. Depardieu, it turns out, is no stranger to Russia. In October, he visited Grozny, the capital of the Russian republic of Chechnya, where he attended a celebration of the capital’s 194th anniversary with the Chechen leader, Ramzan Kadyrov, who has invited Mr. Depardieu to live there.


Video of the October event shows Mr. Depardieu exhorting an appreciative crowd in a mixture of Russian and French: “Glory to Grozny! Glory to Chechnya! Chechnya is strong! Glory to Kadyrov!”


Mr. Depardieu has also agreed to star in a movie written by Gulnara Karimova, the eldest daughter of President Islam Karimov of Uzbekistan, the former Soviet Republic.


A spokeswoman for the French government, Najat Vallaud-Belkacem, said Thursday that the decision to grant Mr. Depardieu a passport was “an exclusive prerogative of the head of the Russian state,” and declined to comment further, Europe 1 radio reported.


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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?


RELATED: The Army’s Social Media Industrial Complex






What kind of stuff is the law intended to prosecute?


RELATED: Why French Broadcasters Can’t Say ‘Twitter’ and ‘Facebook’ Anymore


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.) 


RELATED: Prius Drivers Will Get Their Own Social Network


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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NHL, union resume talks in hopes to save season


NEW YORK (AP) — After a long night of talks, the NHL and the union returned to the bargaining table, but not for long.


The sides met at the league office Thursday about three hours later than scheduled. The players' association said it had been updating members on negotiations.


Players and union staff began arriving at NHL headquarters a little before 1 p.m. EST, although executive director Donald Fehr wasn't with them. The group left the building about an hour later but expected to return later in the day.


With the lockout in its 110th day, both sides understand the urgency to save a shortened season. They still have several key issues to work out — pensions and salary cap limits, among them.


Commissioner Gary Bettman has said that the league told the union a deal needs to be in place by next week so a 48-game season can begin Jan. 19. All games through Jan. 14 along with the All-Star game have been canceled, claiming more than 50 percent of the original schedule.


The sides met in small groups throughout the day Wednesday. They then held a full bargaining session with a federal mediator at night that lasted nearly five hours and didn't wrap up until about 1 a.m. Thursday.


The biggest detail to emerge from those talks was that Fehr is still the executive director of the players' association, which passed on its first chance to declare a disclaimer that would dissolve the union and turn it into a trade association.


Last month, players voted overwhelmingly to give its executive board the right to declare the disclaimer, but that permission expired at midnight Wednesday. The disclaimer would allow individual players to file antitrust lawsuits against the NHL. Fehr wouldn't address the issue, calling it an "internal matter."


"The word disclaimer has yet to be uttered to us by the players' association," Bettman said. "It's not that it gets filed anywhere with a court or the NLRB. When you disclaim interest as a union, you notify the other side. We have not been notified and it's never been discussed, so there has been no disclaimer."


The thought was that the union wouldn't take action Wednesday if it saw progress was being made. Neither side would characterize the talks or address what, if any, movement toward common ground was reached.


"There's been some progress but we're still apart on a number of issues," Bettman said. "As long as the process continues I am hopeful."


A deal can't be done without a resolution on pensions. Bettman called the pension plan a "very complicated issue." A small group meeting on the pension issue was held Wednesday morning before the players' association presented its offer.


"The number of variables and the number of issues that have to be addressed by people who carry the title actuary or pension lawyer are pretty numerous and it's pretty easy to get off track. That is something we understand is important to the players."


The union's proposal Wednesday makes four offers between the sides since the NHL restarted negotiations Thursday with a proposal. The league presented the players with a counteroffer Tuesday night in response to one the union made Monday.


Fehr believed an agreement on a players-funded pension had been reached before talks blew up in early December. That apparently wasn't the case, or the NHL has changed its offer regarding the pension in exchange for agreeing to other things the union wanted.


The salary-cap number for the second year of the deal — the 2013-14 season — hasn't been established, and it is another point of contention. The league is pushing for a $60 million cap, while the union wants it to be $65 million.


In return for the higher cap number players would be willing to forgo a cap on escrow.


"We talk about lots of things and we even had some philosophical discussions about why particular issues were important to each of us," Bettman said. "That is part of the process."


The NHL proposed in its first offer Thursday that pension contributions come out of the players' share of revenues, and $50 million of the league's make-whole payment of $300 million will be allocated and set aside to fund potential underfunding liabilities of the plan at the end of the collective bargaining agreement.


Last month, the NHL agreed to raise its make-whole offer of deferred payments from $211 million to $300 million as part of a proposed package that required the union to agree on three nonnegotiable points. Instead, the union accepted the raise in funds, but then made counterproposals on the issues the league stated had no wiggle room.


"As you might expect, the differences between us relate to the core economic issues which don't involve the share," Fehr said of hockey-related revenue, which likely will be split 50-50.


The NHL is the only North American professional sports league to cancel a season because of a labor dispute, losing the 2004-05 campaign to a lockout. A 48-game season was played in 1995 after a lockout stretched into January.


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