Philippine Lawmakers Pass Reproductive Health Bill

MANILA — After a ferocious national debate that pitted family members against one another, and some faithful Catholics against their church, the Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control.

Aaron Favila/Associated Press

Visitors to the Philippine Congress viewed portraits of members during Monday’s vote on birth control.

Jay Directo/Agence France-Presse — Getty Images

Supporters of a landmark reproductive health bill celebrated as the Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control. 

“The people now have the government on their side as they raise their families in a manner that is just and empowered,” said Edwin Lacierda, a spokesman for President Benigno S. Aquino III, who pushed for passage.

Each chamber of the national legislature passed its own version of the measure — by 13 to 8 in the Senate and 133 to 79 in the House of Representatives — and minor differences between the two must be reconciled before the measure goes to Mr. Aquino for his signature.

The measure had been stalled for more than a decade because of determined opposition from the Roman Catholic Church. Roughly four-fifths of Filipinos are Catholic.

Birth control is legal and widely available in the Philippines for people who can afford it, particularly those living in cities. But condoms, birth control pills and other methods can be difficult to find in rural areas, and their cost puts them out of reach for the very poor.

“Some local governments have passed local ordinances that banned the sale of condoms and contraceptives and forbid their distribution in government clinics, where most poor Filipinos turn for health care,” Human Rights Watch said in a statement on the issue, adding that the new bill would override such ordinances.

The measure passed on Monday would stock government health centers, including those in remote areas, with free or subsidized birth control options for the poor. It would require sex education in public schools and family-planning training for community health officers. The Philippines has one of the highest birthrates in Asia, but backers of the legislation, including the Aquino administration, have said repeatedly that its purpose is not to limit population growth. Rather, they say, the bill is meant to offer poor families the same reproductive health options that wealthier people in the country enjoy.

The United Nations Population Fund estimates that half of the 3.4 million pregnancies in the Philippines each year are unintended, and that there are 11 pregnancy-related deaths in the country each day, on average. Most of those could be avoided, the organization says, through improved maternal health care, a need that proponents say the new legislation will directly address.

Catholic Church officials took a hard line against the measure, saying it was out of line with the beliefs of most religious Filipinos. The church equated contraception with abortion, which is illegal in the Philippines.

“These artificial means are fatal to human life, either preventing it from fruition or actually destroying it,” the Catholic Bishops’ Conference of the Philippines said in a statement on the eve of the votes in Congress.

The statement cited health risks associated with some forms of birth control, but the bishops’ strongest objections have been lodged on moral rather than medical grounds. In a pastoral letter, they said: “The youth are being made to believe that sex before marriage is acceptable, provided you know how to avoid pregnancy. Is this moral? Those who corrupt the minds of children will invoke divine wrath on themselves.”

The legislation prompted a heated national debate in the Philippines over the role that government should play in family planning and women’s health.

“This bill no doubt has inflicted a very wide chasm of division in our society,” said Juan Ponce Enrile, the president of the Senate. “Families are even divided, mother and daughter differing in their views, husband and wife differing in their views.” Mr. Enrile opposed the bill; his son, Juan, a congressman, voted in favor of it.

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Philippine Lawmakers Pass Reproductive Health Bill

MANILA — After a ferocious national debate that pitted family members against one another, and some faithful Catholics against their church, the Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control.

Aaron Favila/Associated Press

Visitors to the Philippine Congress viewed portraits of members during Monday’s vote on birth control.

Jay Directo/Agence France-Presse — Getty Images

Supporters of a landmark reproductive health bill celebrated as the Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control. 

“The people now have the government on their side as they raise their families in a manner that is just and empowered,” said Edwin Lacierda, a spokesman for President Benigno S. Aquino III, who pushed for passage.

Each chamber of the national legislature passed its own version of the measure — by 13 to 8 in the Senate and 133 to 79 in the House of Representatives — and minor differences between the two must be reconciled before the measure goes to Mr. Aquino for his signature.

The measure had been stalled for more than a decade because of determined opposition from the Roman Catholic Church. Roughly four-fifths of Filipinos are Catholic.

Birth control is legal and widely available in the Philippines for people who can afford it, particularly those living in cities. But condoms, birth control pills and other methods can be difficult to find in rural areas, and their cost puts them out of reach for the very poor.

“Some local governments have passed local ordinances that banned the sale of condoms and contraceptives and forbid their distribution in government clinics, where most poor Filipinos turn for health care,” Human Rights Watch said in a statement on the issue, adding that the new bill would override such ordinances.

The measure passed on Monday would stock government health centers, including those in remote areas, with free or subsidized birth control options for the poor. It would require sex education in public schools and family-planning training for community health officers. The Philippines has one of the highest birthrates in Asia, but backers of the legislation, including the Aquino administration, have said repeatedly that its purpose is not to limit population growth. Rather, they say, the bill is meant to offer poor families the same reproductive health options that wealthier people in the country enjoy.

The United Nations Population Fund estimates that half of the 3.4 million pregnancies in the Philippines each year are unintended, and that there are 11 pregnancy-related deaths in the country each day, on average. Most of those could be avoided, the organization says, through improved maternal health care, a need that proponents say the new legislation will directly address.

Catholic Church officials took a hard line against the measure, saying it was out of line with the beliefs of most religious Filipinos. The church equated contraception with abortion, which is illegal in the Philippines.

“These artificial means are fatal to human life, either preventing it from fruition or actually destroying it,” the Catholic Bishops’ Conference of the Philippines said in a statement on the eve of the votes in Congress.

The statement cited health risks associated with some forms of birth control, but the bishops’ strongest objections have been lodged on moral rather than medical grounds. In a pastoral letter, they said: “The youth are being made to believe that sex before marriage is acceptable, provided you know how to avoid pregnancy. Is this moral? Those who corrupt the minds of children will invoke divine wrath on themselves.”

The legislation prompted a heated national debate in the Philippines over the role that government should play in family planning and women’s health.

“This bill no doubt has inflicted a very wide chasm of division in our society,” said Juan Ponce Enrile, the president of the Senate. “Families are even divided, mother and daughter differing in their views, husband and wife differing in their views.” Mr. Enrile opposed the bill; his son, Juan, a congressman, voted in favor of it.

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As Europe Presses Google on Antitrust, U.S. Backs Away

BRUSSELS — Google seems on its way to coming through a major antitrust investigation in the United States essentially unscathed. But the outlook is not as bright for Google here, as the European Union’s top antitrust regulator prepares to meet on Tuesday with Eric E. Schmidt, Google’s executive chairman.

In the United States, the Federal Trade Commission appears to be ready to back off what had been the centerpiece of its antitrust pursuit of Google: the complaint that the company’s dominant search engine favors the company’s commerce and other services in search queries, thwarting competition.

Yet in a statement last spring, Joaquín Almunia, the competition commissioner of the European Union, placed the contentions about search bias at the top of his list of concerns about Google. And in a private meeting this month, Mr. Almunia told Jon Leibowitz, chairman of the F.T.C., that European antitrust officials remain focused on that issue, according to two people told of the meeting, who asked not to be identified because they were not authorized to speak about it.

Mr. Almunia’s tougher bargaining stance, antitrust experts say, is not merely a personal preference.

European antitrust doctrine, they say, applies a somewhat different standard than United States law does. In America, dominant companies are given great leeway, if their conduct can be justified in the name of efficiency, thus consumer benefit. Google has consistently maintained that it offers a neutral, best-for-the-customer result.

In Europe, antitrust experts say, the law prohibits the “abuse of a dominant position,” with the victims of the supposed abuse often being competitors. “The Europeans tend to use competition law to level the playing field more than is the case in the United States,” said Herbert Hovenkamp, an antitrust expert and law professor at the University of Iowa. (Mr. Hovenkamp advised Google on one project, but no longer has any financial connection to the company.)

The European rationale, legal experts say, is that shielding competitors to some degree preserves competition and enhances consumer welfare in the long run.

“Europe has a stronger hand to play with Google because of its standards,” said Keith N. Hylton, a professor at the Boston University School of Law.

The European antitrust regulators, like their American counterparts, have been in negotiations with Google for several months. The F.T.C. is expected to announce its decision within days, while the European timetable seems not as tight and is likely to go into next year.

The investigations in the United States and Europe really started with accusations of search bias. Rivals complain that the search giant gives more prominent placement and display for its online shopping and travel services, for example, than to competitors. The potential antitrust concern is that such specialized, or “vertical,” search services — like Yelp or Nextag — are partial substitutes for Google’s search engine because they also allow people to find information.

In his public statement in May, Mr. Almunia identified four areas of concern in Europe’s antitrust investigation of Google. The first concern he cited was search bias.

“Google displays links to its own vertical search services differently than it does for links to competitors,” Mr. Almunia said in a statement then. “We are concerned that this may result in preferential treatment compared to those of competing services, which may be hurt as a consequence.”

His other three concerns are ones that Google is preparing to address with a set of voluntary commitments in the United States, according to two people briefed on Google’s talks with the F.T.C., who declined to give their names because they were not authorized to speak about them.

Google, according to the people, has agreed to refrain from copying summaries of product and restaurant reviews from other Web sites and including them in Google search results, a practice known as screen scraping.

James Kanter reported from Brussels and Steve Lohr from New York. Claire Cain Miller contributed reporting from San Francisco.

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Lashkar Gah Journal: A Pristine Afghan Prison Faces a Murky Future

Bryan Denton for The New York Times

Inmates at the Helmand Central Prison in Lashkar Gah, Afghanistan, in an outdoor area.

LASHKAR GAH, Afghanistan — The first thing one notices about the new prison here is the smell, or rather the absence of it. Helmand Central Prison does not reek of sewage or sweat or old clothes or rancid cooking oil, the typical odors of an Afghan lockup. The air smells, dare one say, fresh.

Also noteworthy are the bathroom floors, which are sparkling, and the outer walls, which are made of concrete, not mud, like so much of this country’s prison infrastructure.

Built in the insurgency’s southern heartland with $6.5 million from the British government, there is no doubt that Helmand Central Prison is impressive. The only question is how long it will stay that way once Western forces leave and Western money dwindles.

That prospect is not something that Col. Hajji Raz Mohammed, the deputy warden, even wanted to contemplate as he proudly walked visitors through every corner of the prison, the bathrooms included.

Asked what will happen when the British Provincial Reconstruction Team that is a few miles away packs up in the coming year or so, he squinted in the bright winter sunlight of the prison yard. “It’s very early to comment on this,” he said.

He went on to detail all that the British are supplying to the prison — air-conditioners, refrigerators and even computers that allow the inmates, many of them former Taliban affiliates, to learn PowerPoint and Excel. There is also the clinic that treats those with tuberculosis, depression and a variety of other illnesses. The British team even provided two minivans to act as ambulances for prisoners who need transport to the hospital.

As for the Afghan government, which has been managing the prison since mid-2011, it pays for the salaries of prison employees and food. Colonel Mohammed expressed grave doubts about whether the prison could keep up its standards solely with Afghan government backing.

“No, our government will not be able to afford this,” he said. “Our government is poor.”

If a prison is, in some measure, a mirror of the larger society, then the Helmand Central Prison offers a glimpse of southern Afghanistan just as the surge in Western troops is ending. It not only shows the largess and aspirations of the Western militaries, but also the fragility of their efforts against the Taliban, whose presence in the prison reflects its prevalence in the province.

In 2009, the British razed the run-down structure that used to house prisoners here, with its poor plumbing and its dirt yard that turned to mud in the rainy winter. The new prison is just the first piece of an ambitious complex that will include a modern juvenile detention center, a women’s prison and, with the aid of the Danish government, a rehabilitation center.

A walk through the prison with Colonel Mohammed reveals conditions far removed from the dungeonlike atmosphere that still exists in some places in the rest of the country. The prisoners, who wear traditional Afghan dress, live in groups of 8 to 10 in bunk rooms with the television tuned to local channels. Afghan news and music seemed to be favorites.

The hallways are swept clean, and the floors washed. The prison yard accommodates several hundred prisoners who sit in large groups, some reading the Koran, others taking literacy classes and still others standing in a line to use a communal cellphone — monitored by the intelligence service.

Colonel Mohammed said the prison had 37 surveillance cameras, which helped employees keep track of what was going on. When one breaks, “the P.R.T. pays to repair them,” he said. What will happen when the Provincial Reconstruction Team is no longer there? “We will do it,” Colonel Mohammed said, though he looked less than certain.

Gen. Bismullah Hamid, who runs Helmand Central and is described by the Westerners who work with him as a “visionary” in the Afghan prison system, recalled that when he was assigned to the prison, it was a squalid, crowded place filled with gangs and drugs. (Helmand Province leads Afghanistan in opium production.)

“Drug addicts were easily manipulated by subversive inmates, and they would start protests and rebellions,” he said.

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China Plans on Continuity in Economic Policy in 2013

BEIJING — An annual conference that helps set economic policy in China ended with a lengthy government statement Sunday warning of difficulties in the global economy as well as industrial overcapacity and financial-sector risks at home.

But a review of the two-day conference’s activities, which was released by the official Xinhua news agency, suggested few changes in existing economic policies, calling for continuity for the time being.

The statement endorsed tax cuts, continued curbs on real estate speculation and a broader effort to increase domestic consumption and wean the economy from its dependence on exports and investment.

“The opportunities facing us are no longer the traditional ones of simply entering the international division of labor, expanding exports and accelerating investments, but rather new opportunities forcing us to expand domestic demand, improve innovative capacities and promoting the transformation of the mode of development,” the statement said.

Held in December each year, the Central Economic Work Conference in theory is jointly run by the Central Committee of the Communist Party and by the government’s cabinet of ministers. In reality, the Standing Committee of the Politburo has the power, and all seven of its members attended the conference, together with Prime Minister Wen Jiabao, who left the standing committee last month but remains in office as prime minister until the National People’s Congress next March.

While China has many economic opportunities, “we must soberly recognize that there are still many risks and challenges confronting our national development,” the overview released by Xinhua said. “Problems with imbalances, ill-coordination and lack of sustainability remain pronounced.”

“The contradiction between downward pressures on the economy and relative overcapacity in production is deepening,” the statement continued. “Business operating costs are rising while innovative capacities are inadequate. There are latent risks in the financial sphere.”

Previous annual conferences have lasted three days. The government issued no explanation of why the conference this year appeared to last only two days, opening Saturday and closing Sunday.

The conference called for the agricultural sector to pay attention to maintaining an adequate food supply for the population, and endorsed continued urbanization, a favorite theme of the incoming prime minister next March, Li Keqiang.

“Urbanization is a historic task of our country’s modernization, and also possesses the greatest potential for expanding domestic consumption,” the statement said.

The statement called for continued but unspecified industrial reforms to address the problem of overcapacity. It was not clear what would be done to address risks in the financial sector, but a government official had said before the conference that China’s leaders were eager to move toward the introduction of a system of bank deposit insurance.

The precise details of discussions at Central Economic Work Conferences sometimes take days or weeks to dribble out.

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Mislabeled Foods Find Their Way to Diners’ Tables

ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.

Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 

It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.

“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”

The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”

Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.

Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.

“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”

Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.

The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.

In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”

At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”

Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.

Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.

The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.

Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.

In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.

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Mislabeled Foods Find Their Way to Diners’ Tables

ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.

Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 

It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.

“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”

The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”

Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.

Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.

“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”

Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.

The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.

In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”

At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”

Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.

Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.

The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.

Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.

In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.

Read More..

Is Google Abusing Its Market Power? Former Legal Allies Disagree

Left: Saul Loeb/Agence France-Presse — Getty Images; Right: Peter DaSilva for The New York Times

Susan Creighton is now in Google's corner while Gary Reback represents several companies that  have complained to the government about Google.

In the digital economy, 14 years is an eternity. Fast-shifting technology means that companies, once feared and seemingly invincible, fade, while new powers rise to dominance, raising fresh sets of concerns.

Exhibit A: In the spring of 1998, the federal government and 20 states filed a landmark antitrust suit against Microsoft. A few months later, Google was founded.

Now Google is the subject of major antitrust investigations in the United States and Europe.  In the United States, regulators are expected to announce a decision within days to sue or settle, and under what terms. The European decision will come soon as well.

Much has changed over the years, but two lawyers who helped build the case against Microsoft are playing important roles once again. But this time, Gary L. Reback and Susan A. Creighton are on opposite sides.

The two lawyers, and the positions they have taken, point to some striking similarities yet also significant differences between the two high-stakes investigations — and why the pursuit of Google has proved challenging for antitrust officials.

In 1996, Mr. Reback and Ms. Creighton were partners, representing Netscape, the pioneering Web browser company. They wrote a 222-page “white paper,” laying out Microsoft’s campaign to use its dominance of personal computer software to stifle competition from Netscape, the Internet insurgent. After Netscape sent their report to the Justice Department, the head of the antitrust division ordered an investigation.

Mr. Reback is now an attorney at Carr & Ferrell in Silicon Valley, where he represents several companies that have complained to the government about Google. He does not represent Microsoft, though that company is a born-again champion of antitrust action, against its rival Google.

In Google, Mr. Reback sees a familiar pattern — a giant company trying to hinder competition and attack new markets. Google, he says, is unfairly using its dominant search engine to favor the company’s offerings in online shopping, travel and local listings and thus stifle competition from Web sites that rely on Google search for traffic.

“From my perspective, it’s an instant replay of the Microsoft case,” Mr. Reback said in a recent interview, though he would not comment for this article. “It’s the same playbook.”

Not to Ms. Creighton, a partner in the Washington office of Wilson Sonsini Goodrich & Rosati, who is in Google’s corner. She has testified before Congress on Google’s behalf and negotiated with the Federal Trade Commission, the agency conducting the antitrust investigation, and where she was a senior official during the Bush administration.

“Google’s conduct is pro-competitive,” Ms. Creighton declared in her Senate testimony last year. “Far from threatening competition, Google has consistently enhanced consumer welfare by increasing the services available to consumers.”

Ms. Creighton hits two main themes in Google’s defense. The first is the consumer benefit of all Google’s free services. The second is that the cost to consumers of switching to Internet alternatives like Microsoft’s Bing search engine, the Expedia travel site or Yelp local listings is “zero,” she said. Or, as Google repeatedly says, competition is “just a click away.”

In the late 1990s, Microsoft had its version of both arguments. Microsoft bundled a free Web browser into its Windows operating system — an added feature at no cost, surely a consumer benefit. In its trial testimony, Microsoft showed that millions of people had downloaded the competing Netscape browser onto Windows — a rival product just a double-click away.

But in the trial, the evidence taken as a whole portrayed a wide-ranging effort by Microsoft to crush Netscape. It is not an antitrust violation for a powerful company to gain a dominant share of one market and then expand into other markets. The legal issue is the tactics the dominant company employs to expand its empire.

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Egypt Votes on Constitution; Muslim Brotherhood Expects Approval

CAIRO — Supporters and opponents of President Mohamed Morsi sparred on Sunday over the preliminary results of a referendum on a draft constitution, which Egyptians moved toward approving in voting marked by long lines but low voter turnout.

The Muslim Brotherhood, the Islamist group that supports Mr. Morsi, said that around 57 percent of those who cast ballots in the first round on Saturday voted in favor of the proposed constitution, whose drafting was dominated by Islamists. The figure was based on unofficial tallies. A second round of voting is scheduled for this Saturday in rural areas, where the draft constitution is likely to win stronger support.

While the Brotherhood hailed the “political maturity” of voters, opposition leaders disputed the unofficial results and said the voting was marred by irregularities. Each side sought to frame the results as favorable.

Although many people here predicted that the charter would be approved, the turnout was just 31 percent, according the Brotherhood’s estimates. That immediately raised doubts about whether a document intended to express a consensus on Egypt’s identity and lay the foundation of a new government had won legitimacy in the referendum.

Some also said that the low turnout and relatively narrow approval margin dented assumptions about the strength of the Brotherhood, whose extensive grass-roots network had yielded a string of electoral victories since President Hosni Mubarak was toppled in February 2011.

Some Brotherhood officials seemed surprised by the results. “It’s certainly below a lot of expectations,” said Gehad el-Haddad, a senior Brotherhood official. He and others said the polarizing political fight between Mr. Morsi’s supporters and opponents was to blame, causing a broad disillusion with politics and prompting what Mr. Haddad called Egypt’s “silent majority” to stay home.

Still, he argued that the high proportion of “no” votes came not from a rejection of the draft constitution, but rather from anger — justified or otherwise — at the Brotherhood.

“The evaluation was not on the product,” he said. “It was on the producers.”

Resentment against the Brotherhood grew in recent weeks after Mr. Morsi issued a decree insulating his decisions from judicial scrutiny and then hastily called a referendum on the constitution. Many Egyptians also blamed the Brotherhood for deadly clashes outside the presidential palace two weeks ago.

The voting on Saturday was largely peaceful, a respite after weeks of turmoil and a toxic political debate over the constitution.

The arguments started again on Sunday. A coalition of human rights groups called for a revote, saying there were thousands of complaints of violations at the polls and inadequate supervision by judges. The Brotherhood-sponsored Freedom and Justice Party also cited allegations of misbehavior by opponents at polling places, but said that in general the voting was a success. The Egyptian election commission said it would release official results after the second round.

Some opposition figures were hailing the results of the referendum as a small victory for non-Islamist political groups. Amr Hamzawy, the founder of the liberal Free Egypt Party, asserted in a message on Twitter that the relative closeness of the outcome ended the notion that the Brotherhood was unbeatable at the polls. “Saying that democratic currents have no popularity, and that the Brotherhood and their allies monopolize popular will and have the license of the boxes fell yesterday, once and for all,” Mr. Hamzawy wrote.

But analysts said that the voting had left an uncertain landscape. A much better showing for the draft constitution in the next round would probably strengthen Mr. Morsi’s hand. But if current voting patterns continue, Mr. Morsi would just as surely face steep challenges in governing. The Brotherhood could also be seen as more vulnerable in parliamentary elections due after the constitution is adopted.

Mr. Morsi’s problems could start with the charter itself. If it passes narrowly with only about one-third of eligible voters turning out, the document would have legal legitimacy, “but it’s difficult to argue it would have popular legitimacy,” said Zaid al-Ali, who has tracked Egypt’s constitution-writing process for the International Institute for Democratic and Electoral Assistance, based in Sweden. “Politically, it will be a hot potato for a long time to come,” he said.

Many countries require that constitutional referendums exceed a minimum turnout threshold to be valid, out of a belief that the fundamental nature of constitutions means that they must command broad popular support.

Some members of Egypt’s constitutional assembly seemed to agree in principle. Mr. Ali said that several members had told him that they would not be satisfied unless half of eligible voters — not just half of those casting ballots — registered approval. One member was quoted in state news media saying a two-thirds majority in favor was needed for legitimacy. But no such requirements were imposed.

A narrow outcome would oblige the president to “spend a large proportion of his time defending its legitimacy, rather than discussing specific policies,” Mr. Ali said.

Some saw the voting as a referendum not just on the charter, but also on the president’s record after five months in office. “I read this as a strong vote against the dismal, confused performance of the Morsi administration,” said Emad Shahin, a political scientist at the American University in Cairo, about the low turnout and high proportion of “no” votes. Of the president’s Islamist allies, Mr. Shahin said, “I think they thought they were on their way to really secure some kind of comfortable majority for the constitution, which did not happen.”

Whether that assessment is borne out remains to be seen. But Mr. Shahin said that the results so far already showed the need for Mr. Morsi to change his approach to his opponents, who have faulted him for failing to build consensus around contentious decisions. He said that Mr. Morsi’s government needed a transformation of “mentality”: from a state run by the Muslim Brotherhood to a “state that runs an entire country with its all political and social segments.”

Mr. Shahin laid equal blame on the opposition, for resorting to obstructionism rather than compromise at crucial junctures. He called some of the opposition leaders “irresponsible” and said they had engaged in a “massive campaign of disinformation” about the constitution, aided by segments of the news media.

Late on Sunday, opposition leaders signaled that they intended to keep the pressure on Mr. Morsi, calling simultaneously for a large protest on Tuesday, for voters to turn out heavily in the second round next Saturday and for the election commission to consider voiding the first round because of the irregularities.

David D. Kirkpatrick contributed reporting.

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Sidney Gilman’s Shift Led to Insider Trading Case

Speaking in front of a packed convention hall in Chicago, a top Alzheimer’s researcher, Sidney Gilman, presented the results of a drug trial that had the potential to change the fate of elderly patients everywhere.

Fabrizio Costantini for The New York Times

Dr. Gilman’s lifestyle was a well-kept secret among colleagues at the University of Michigan medical school.

But as he worked through the slides, it became clear to the audience on that day in July 2008 that the drug was not delivering and that its makers, Elan and Wyeth, could lose out on blockbuster profits. Along with other Wall Street analysts in the front rows, David Moskowitz zapped messages to clients to dump shares of the companies. “I can remember gasping” at the results, Mr. Moskowitz said.

Little did anyone in the room know that 12 days earlier, Dr. Gilman had e-mailed a draft of the presentation to a trader at an affiliate of one of the nation’s most prominent hedge funds, according to prosecutors, allowing the fund, SAC Capital, and its affiliate to sell over $700 million of Elan and Wyeth stock before Dr. Gilman’s public talk.

Last month, the trader was arrested on insider trading charges after Dr. Gilman agreed to cooperate with prosecutors to avoid charges.

While he appeared a grandfatherly academic, Dr. Gilman, 80, was living a parallel life, one in which he regularly advised a wide network of Wall Street traders through a professional matchmaking system. Those relationships afforded him payments of $100,000 or more a year — on top of his $258,000 pay from the University of Michigan — and travels with limousines, luxury hotels and private jets.

The riddle for Dr. Gilman’s longtime friends and colleagues is why a nationally respected neurologist was pulled into the high-rolling life of a consultant to financiers and how he, by his own admission, crossed the line into criminal behavior.

“My first reaction was, ‘That can’t possibly be right,’ ” said Dawn Kleindorfer, a former student of Dr. Gilman’s at Michigan.

What is clear is that Dr. Gilman made a sharp shift in his late 60s, from a life dedicated to academic research to one in which he accumulated a growing list of financial firms willing to pay him $1,000 an hour for his medical expertise, while he was overseeing drug trials for various pharmaceutical makers. Among the firms he was advising was another hedge fund that was also buying and selling Wyeth and Elan stock, though the authorities have given no sign they have questioned those trades.

His conversion to Wall Street consultant was not readily apparent in his lifestyle in Michigan and was a well-kept secret from colleagues. Public records show no second home, and no indication of financial distress. Nevertheless, he was willing to share a glimpse of his lifestyle with a 17-year-old student whom he sat next to on a flight from New York to Michigan a few months ago, telling her how his Alzheimer’s research allowed him to enjoy fine hotels in New York and limousine rides to the airport.

“I wouldn’t say he was egotistical because he didn’t come across as obnoxious, but he definitely mentioned the kind of lifestyle that he had,” said the student, Anya Parampil, who had been upgraded to first class.

Dr. Gilman’s role in the case involving SAC Capital has largely been overshadowed by the possibility that investigators may be narrowing in on the firm’s billionaire founder, Steven A. Cohen. Mr. Cohen and his firm have not been accused of wrongdoing in acting on the insider information.

Colleagues now say Dr. Gilman’s story is a reminder of the corrupting influence of money. The University of Michigan, where he was a professor for decades, has erased any trace of him on its Web sites, and is now reviewing its consulting policy for employees, a spokesman said.

The case also turns the spotlight back onto the finance world’s expert networks, which match sources in academia and at publicly traded companies — like Dr. Gilman — with traders at hedge funds and financial firms.

The networks have been a central target of prosecutors in the sprawling insider trading investigations that have resulted in dozens of convictions in recent years.

Some networks have closed, and many are shifting their focus outside the financial world, hoping to make up revenue by consulting for corporate America.

Days after the charges were filed, Dr. Gilman retired and has gone into seclusion at his home on a wooded lot overlooking the Huron River on the outskirts of Ann Arbor, which is listed in public records as worth $400,000. He declined to open the door to a reporter last week, directing questions to his lawyer. “I can’t discuss it,” he said. “I’m sorry.”

Stephanie Steinberg contributed reporting.

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