Hero Lawyer Gives His House to a Homeless Family for a Year















01/05/2013 at 12:00 PM EST



Felicia Dukes and her four children had been living in a homeless shelter – but now they have a cozy house all their own – thanks to a Los Angeles lawyer who has temporarily given up his residence to the family in need.

Tony Tolbert, 51, decided he wanted to give up his fully furnished home, rent-free for one year, to a struggling family. So he sought out Alexandria House, a homeless shelter for women and children, where he was connected with Dukes.

"You don't have to be Bill Gates or Warren Buffet or Oprah," Tolbert, who has moved back into his parents' house for the year, told CBS News. "We can do it wherever we are, with whatever we have, and for me, I have a home that I can make available."

Dukes, who was joined by her three daughters and son, tearfully tells CBS, "My heart just fills up and stuff … I'm just really happy."

Tolbert says his generous spirit comes from his father, an L.A. entertainment lawyer, who taught his son about the virtues of giving when he was growing up. Tolbert says his dad regularly lent out the family's spare bedroom to someone in need.

"Kindness creates kindness; generosity creates generosity; love creates love," Tolbert said, while emotionally addressing his dad, who has Alzheimer's disease. "I think if we can share some of that and have more stories about people doing nice things for other people, and fewer stories about people doing horrible things to other people, that's a better world."

Tolbert's ways are nothing new, according to his mom Marie, who says, "He's so giving, and he's always been that way."

Know a hero? Send suggestions to heroesamongus@peoplemag.com. For more inspiring stories, read the latest issue of PEOPLE.

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"Cliff" concerns give way to earnings focus

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


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


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


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


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


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


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


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


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


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


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


REVENUE WORRIES


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


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


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


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


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


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


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


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


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


(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)



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FDA: New rules will make food safer


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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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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VIDEO: Romeo Beckham's Playful Burberry Debut




Celebrity Baby Blog





01/04/2013 at 10:00 AM ET



Romeo Beckham is taking the modeling world by storm! In a recent promo video released by Burberry for their 2013 campaign, the 10-year-old — who was named the face of the brand’s children’s line in December — sports hunter green shades and a megawatt smile as he runs circles around his fellow fashion stars.


In the clip, David and Victoria‘s cute son swaps out his tailored suit for edgier threads including a sleek leather jacket and black denim duds. Later, he dons (and clowns around in!) a mini purple metallic trench to the delight of his costars.


Romeo Beckham Burberry Campaign
Courtesy Burberry



After watching Romeo at work, it’s official — the little guy has some serious swagger. Our evidence? After popping his collar (taking after dad, maybe?), he breaks out into a runway-worthy walk.



– Anya Leon


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Data helps pace Wall Street higher, but Apple drags

NEW YORK (Reuters) - U.S. stocks advanced on Friday, putting the S&P 500 on track for its biggest weekly gain in over a year after a jobs report showed employers kept the pace of hiring steady in December.


The Labor Department said payrolls outside the farming sector grew by 155,000 jobs last month, slightly below November's level. Gains in employment were distributed broadly throughout the economy, from manufacturing and construction to healthcare.


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


"It feels like the economy, we're not burning the barn down, but we are doing fine - we seem to be growing and the fiscal cliff does not seem to have weighed too much on December employment," said Paul Mendelsohn, chief investment strategist at Windham Financial Services in Charlotte, Vermont.


The S&P 500 index's weekly gain would be its largest since December 2011. The majority of the gains were achieved earlier in the holiday-shortened week, including the largest daily gain for the benchmark S&P index in more than a year on Wednesday, after a deal was struck in Washington to avert the "fiscal cliff."


"So far there is nothing that has come out that has been negative following the push, they tried to read into the Fed minutes yesterday and take it down but so far they haven't had much success," Mendelsohn said.


But a drag on Apple Inc shares, down 2.6 percent to $528.36, kept the Nasdaq near the uchanged mark, as the iPhone maker continued its downward path of recent months.


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


The Dow Jones industrial average <.dji> gained 28.46 points, or 0.21 percent, to 13,419.82. The Standard & Poor's 500 Index <.spx> rose 5.47 points, or 0.37 percent, to 1,464.84. The Nasdaq Composite Index <.ixic> added 2.50 points, or 0.08 percent, to 3,103.07.


The CBOE Volatility index <.vix>, a measure of investor anxiety, was on pace for its fourth straight decline, a drop of nearly 40 percent which has pushed the index to its lowest level since September.


Eli Lilly and Co was among the biggest boost's to the S&P, up 3.5 percent to $51.47 after the pharmaceuticals maker said it expects its 2013 earnings to increase to $3.75 to $3.90 per share, excluding items, from $3.30 to $3.40 per share in 2012.


Fellow drugmaker Johnson & Johnson rose 1.2 percent to $71.55 after Deutsche Bank upgraded the Dow component to a "Buy" from a "Hold" rating. The NYSEArca pharmaceutical index <.drg> climbed 0.4 percent.


Shares of Mosaic Co gained 2.7 percent to $58.29. Excluding items, the fertilizer producer's quarterly earnings beat analysts' expectations, according to Thomson Reuters I/B/E/S.


The rise in payrolls shown by the jobs data did not make a dent in the still-high U.S. unemployment rate, but it calmed fears about the possibility of the U.S. Federal Reserve ending its highly stimulative monetary policy.


Concerns about the duration of the Fed's stimulus program prompted a pull-back from the market Thursday after a rally.


Minutes from the Fed's December policy meeting, released Thursday, showed Fed officials were increasingly worried about the risks of asset purchases to financial markets, though they looked set to continue with the open-ended stimulus program for now.


(Reporting by Chuck Mikolajczak; Editing by Nick Zieminski)



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FDA proposes sweeping new food safety rules


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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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? 


RELATED: How the Deported American Teen Spent Her Time in Colombia


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. 


RELATED: Netanyahu’s Son Demonstrates Another Political Risk of Social Media


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. 


Social Media News Headlines – Yahoo! News





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