Supporters Back Strike at Newspaper in China


James Pomfret/Reuters


Protesters gathered on Monday outside the headquarters of the relatively liberal newspaper Southern Weekend in Guangzhou, China.







BEIJING — Hundreds of people gathered outside the headquarters of a newspaper company in southern China on Monday, intensifying a battle over media censorship that poses a test of the willingness of China’s new leadership to tolerate calls for change.




The demonstration was an outpouring of support for journalists at the relatively liberal newspaper Southern Weekend, who erupted in fury late last week over what they called overbearing interference by local propaganda officials.


At the same time, the embattled newsroom received backing on the Internet from celebrities and other prominent commentators that turned what began as a local censorship dispute into a national display of solidarity.


“Hoping for a spring in this harsh winter,” Li Bingbing, an actress, said to her 19 million followers on a microblog account. Yao Chen, an actress with more than 31 million followers, quoted Aleksandr Solzhenitsyn, the Russian dissident: “One word of truth outweighs the whole world.”


Disputes between media organizations and local party leaders over the limits of reporting and expressions of opinion are common in China, but rarely emerge into public view. This time, calls to support the frustrated journalists spread quickly in Chinese online forums over the weekend, and those who showed up on Monday outside the media offices in Guangzhou, the capital of Guangdong Province, ran the gamut from high school and university students to retirees.


Many carried banners scrawled with slogans and white and yellow chrysanthemums, a flower that symbolizes mourning. One banner read: “Get rid of censorship. The Chinese people want freedom.” Police officers watched, but did not interfere.


The journalists at Southern Weekend have been calling for the ouster of Tuo Zhen, the top propaganda official in Guangdong Province, who took up his post last May.


They blame him for overseeing a change in a New Year’s editorial that originally called for greater respect for constitutional rights under the headline “China’s Dream, the Dream of Constitutionalism.”


The editorial went through layers of changes and ultimately became one praising the direction of the current political system, in which the Communist Party continues to exercise authority over all aspects of governance.


A well-known entrepreneur, Hung Huang, said online that the actions of Mr. Tuo had “destroyed, overnight, all the credibility the country’s top leadership had labored to re-establish since the 18th Party Congress,” the November gathering in Beijing that was the climax of the leadership transition installing Xi Jinping as Communist Party chief. Mr. Xi, who is also scheduled to assume the nation’s presidency in March, has raised expectations that he might pursue a more open-minded approach to molding China’s economic and political models during his planned decade-long tenure.


But more recently, he has said China must respect its socialist roots, which appeared to be a move to placate conservatives in the party.


One journalist for Southern Weekend said Monday night that talks between the various parties had taken place that afternoon, but there were no results to announce. “The negotiations did not go well at all,” the journalist said in a telephone interview.


Signs had emerged earlier that central propaganda officials were moving to dismantle support for the protest. A fiery editorial by Global Times, a populist newspaper, attacked the rebels at Southern Weekend and essentially accused them of conspiring against the government. Xinhua, the state news agency, and other prominent news sites published the editorial online, apparently at the orders of propaganda officials.


“Propaganda is still on the old road,” said an editor at a party media organization.


But by Tuesday morning, the news portals run by large Internet companies like Sina and Sohu rather than by the state had posted disclaimers with the Global Times editorial, saying the opinions did not reflect those of the companies.


It was on the Internet where the campaign to support the beleaguered journalists was reaching full bloom. Bloggers with large readerships, Han Han and Li Chengpeng, urged defiance of press censorship, and calls spread on microblogs for more rallies outside the newspaper offices on Tuesday.


It was unclear how many employees in the Southern Weekend newsroom had heeded calls by reporters for a strike to display their determination to resist censorship. A local journalist who went by the newspaper’s Beijing office on Monday said the building appeared to be open, but quiet. One employee at the site, where about 30 people work, told the journalist that the office was not on strike.


Jonathan Ansfield contributed reporting from Beijing. Mia Li contributed research from Guangzhou, China, and Shi Da from Beijing.



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Tehran Is Choked by Annual Buildup of Air Pollution





TEHRAN — Already battered by international threats against their nation’s nuclear program, sanctions and a broken economy, Iranians living here in the capital are now trying to cope with what has become an annual pollution peril: a yellowish haze that engulfs Tehran this time of year.




For nearly a week, officials here and in other large cities have been calling on residents to remain indoors or avoid downtown areas, saying that with air pollution at such high levels, venturing outside could be tantamount to “suicide,” state radio reported Saturday.


On Sunday, government offices, schools, universities and banks reopened after the government had ordered them to shut down for five days to help ease the chronic pollution. Tehran’s normally bustling streets were largely deserted.


Residents who dare to go outside cover their mouths and noses with scarves or surgical masks, but their eyes tear up and their throats sting from the mist of pollutants, which a report by the municipality of Tehran says is made up of a mixture of particles containing lead, sulfur dioxins and benzene.


“It feels as if even God has turned against us,” Azadeh, a 32-year-old artist, said on a recent day as she looked out a window in her apartment that often offers a clear view of Tehran, a sprawling city that is home to millions. But on this day, Azadeh, who did not want her full name used, saw only the blurred outlines of high-rise buildings and the Milad communications tower in the distance. The setting sun was reduced to a yellowish coin by the thick blanket of smog.


The haze of pollution occurs every year when cold air and windless days trap fumes belched out by millions of cars and hundreds of old factories between the peaks of the majestic Alborz mountain range, which embraces Tehran like a crescent moon.


Iran is prominently represented in the World Health Organization’s 2011 report on air quality and health, with three of its provincial towns among the organization’s list of the world’s 10 most-polluted cities. According to the report, Tehran has roughly four times as many polluting particles per cubic meter as Los Angeles. Many cities known for their poor air quality, like Mexico City, Shanghai and Bangkok, are cleaner than Tehran.


But since 2010, when American sanctions on Iranian imports of refined gasoline began to bite, the situation has grown worse, according to the report by the municipality of Tehran.


Faced with possible fuel shortages, Iran surprised outsiders by quickly making up for the loss of imports by producing its own brew of gasoline. While the emergency fuel kept vehicles running, local experts warned that it was creating much more pollution.


A recently released report by Tehran’s department of air quality control contained blank spaces where there should have been information about levels of benzene and lead — components of gasoline — in the capital’s air. But the report did state that while Tehran experienced more than 300 “healthy days” in 2009, in 2011 there were fewer than 150.


Iran’s Health Ministry has reported a rise in respiratory and heart diseases, as well as an increase in a variety of cancers that it says are related to pollution.


The state newspaper Resalat on Saturday called the pollution a continuing crisis, and it urged the authorities to act. “Why is it that when the winds pick up, this problem is again quickly forgotten?” an editorial asked. Another newspaper, Donya-e-Eqtesad, which is critical of the government, pressed for an improvement in gasoline standards.


The pollution caused by the use of the emergency fuel concoction has been a taboo subject here, as officials try to portray each measure to counter the economic sanctions as a success that should not to be criticized by the local news media.


On state television, several officials have denied that the yellow haze has anything to do with the locally produced gasoline.


In an interview on Saturday, Ali Mohammad Sha’eri, the deputy director of Iran’s Environmental Protection Organization, strongly denied that the pollution was linked to gasoline. However, he said that only 20 percent of the emergency fuel was up to modern standards. “Hopefully in three months that level will be 50 percent,” he said.


Meanwhile, the government has imposed strict traffic regulations in Tehran, Isfahan and other major population centers. An odd-even traffic-control plan based on the last digit of vehicle license plates keeps about half of the approximately three and a half million cars in Tehran off the streets on a daily basis.


Other plans to combat the pollution have been less realistic, analysts say. President Mahmoud Ahmadinejad has long advocated a plan to move civil servants from Tehran to reduce overpopulation in the capital. In 2010, the governor of Tehran Province ordered crop-dusters to dump water on the smog in an effort to dissipate it. There have also been plans for placing air purifiers in the city, but experts say they will not work in open spaces.


For those living in Tehran and unable to leave town for a vacation home on the Caspian Sea, waiting for the winds to pick up seems to be the only option.


“My head hurts, and I’m constantly dead tired,” said Niloufar Mohammadi, a university student. “I try not to go out, but I can smell the pollution in my room as I am trying to study.”


Azadeh, the artist, said the pollution forced her to stay indoors, adding to her sense of isolation. Step by step her world was being curtailed, she said. The Western sanctions imposed on Iran make her feel like a pariah, she explained. The government’s mismanagement of the economy and the resulting inflation have left her with little purchasing power, she said; she has stopped shopping for everything but essential items. And last week, security officers removed her illegal satellite dish from her roof.


“The pollution is the last straw for me,” she said. “We should wait helpless for winds to pick up and clean the air before we can safely leave our houses. It shows we have lost all power to control our lives.”


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Alarm in Albuquerque Over Plan to End Methadone for Inmates


Mark Holm for The New York Times


Officials at New Mexico’s largest jail want to end its methadone program. Addicts like Penny Strayer hope otherwise.







ALBUQUERQUE — It has been almost four decades since Betty Jo Lopez started using heroin.




Her face gray and wizened well beyond her 59 years, Ms. Lopez would almost certainly still be addicted, if not for the fact that she is locked away in jail, not to mention the cup of pinkish liquid she downs every morning.


“It’s the only thing that allows me to live a normal life,” Ms. Lopez said of the concoction, which contains methadone, a drug used to treat opiate dependence. “These nurses that give it to me, they’re like my guardian angels.”


For the last six years, the Metropolitan Detention Center, New Mexico’s largest jail, has been administering methadone to inmates with drug addictions, one of a small number of jails and prisons around the country that do so.


At this vast complex, sprawled out among the mesas west of downtown Albuquerque, any inmate who was enrolled at a methadone clinic just before being arrested can get the drug behind bars. Pregnant inmates addicted to heroin are also eligible.


Here in New Mexico, which has long been plagued by one of the nation’s worst heroin scourges, there is no shortage of participants — hundreds each year — who have gone through the program.


In November, however, the jail’s warden, Ramon Rustin, said he wanted to stop treating inmates with methadone. Mr. Rustin said the program, which had been costing Bernalillo County about $10,000 a month, was too expensive.


Moreover, Mr. Rustin, a former warden of the Allegheny County Jail in Pennsylvania and a 32-year veteran of corrections work, said he did not believe that the program truly worked.


Of the hundred or so inmates receiving daily methadone doses, he said, there was little evidence of a reduction in recidivism, one of the program’s main selling points.


“My concern is that the courts and other authorities think that jail has become a treatment program, that it has become the community provider,” he said. “But jail is not the answer. Methadone programs belong in the community, not here.”


Mr. Rustin’s public stance has angered many in Albuquerque, where drug addiction has been passed down through generations in impoverished pockets of the city, as it has elsewhere across New Mexico.


Recovery advocates and community members argue that cutting people off from methadone is too dangerous, akin to taking insulin from a diabetic.


The New Mexico office of the Drug Policy Alliance, which promotes an overhaul to drug policy, has implored Mr. Rustin to reconsider his stance, saying in a letter that he did not have the medical expertise to make such a decision.


Last month, the Bernalillo County Commission ordered Mr. Rustin to extend the program, which also relies on about $200,000 in state financing annually, for two months until its results could be studied further.


“Addiction needs to be treated like any other health issue,” said Maggie Hart Stebbins, a county commissioner who supports the program.


“If we can treat addiction at the jail to the point where they stay clean and don’t reoffend, that saves us the cost of reincarcerating that person,” she said.


Hard data, though, is difficult to come by — hence the county’s coming review.


Darren Webb, the director of Recovery Services of New Mexico, a private contractor that runs the methadone program, said inmates were tracked after their release to ensure that they remained enrolled at outside methadone clinics.


While the outcome was never certain, Mr. Webb said, he maintained that providing methadone to inmates would give them a better chance of staying out of jail once they were released. “When they get out, they won’t be committing the same crimes they would if they were using,” he said. “They are functioning adults.”


In a study published in 2009 in The Journal of Substance Abuse Treatment, researchers found that male inmates in Baltimore who were treated with methadone were far more likely to continue their treatment in the community than inmates who received only counseling.


Those who received methadone behind bars were also more likely to be free of opioids and cocaine than those who received only counseling or started methadone treatment after their release.


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Google’s Rivals Say F.T.C. Antitrust Ruling Missed the Point





WASHINGTON — One of the more surprising conclusions drawn by the Federal Trade Commission when it dropped its nearly two-year antitrust investigation into Google last week was that Google, far from harming consumers, had actually helped them.







Alex Wong/Getty Images

Jon Leibowitz, right, the Federal Trade Commission chairman, speaking last week after the decision was announced.






But some critics of the inquiry now contend that the commission found no harm in Google’s actions because it was looking at the wrong thing.


Instead of considering harm to people who come to Google to search for information, Google’s competitors and their supporters say that the government should have been looking at whether Google’s actions harmed its real customers — the companies that pay billions of dollars each year to advertise on Google’s site.


In its reports, the F.T.C. did not detail how it defined harm or what quantitative measures it had used to determine that Google users were better off.


But interviews with people on all sides of the investigation — government officials, Google supporters, advocates for Microsoft and other competitors, and antitrust experts and economists — show that many of the yardsticks the commission used to measure its outcomes were remarkably similar to Google’s own. Not surprisingly, they cast Google in a favorable light.


At issue were changes that Google made in recent years to its popular search page. Google makes frequent adjustments to the formulas that determine what results are generated when a user enters a search. Currently, it makes more than 500 changes a year, or more than one each day.


Users rarely notice the changes in the formulas, or algorithms, that generate search results, but businesses do. If a change in the formulas causes a business to rank lower in the order of results generated by a search, it is likely to miss potential customers.


What customers are now seeing reflects changes in the format of Google results. For certain categories of searches — travel information, shopping comparisons and financial data, for example — Google has begun presenting links to its own related services.


People close to the investigation said that Google had presented the F.T.C. with the results of tests with focus groups hired by an outside firm to review different versions of a Google search results page. After Google acquired ITA, a travel search business, in 2011, it began testing a new way to display flight results.


The company asked test users to compare side-by-side examples of a results page with just the familiar 10 blue links to specialty travel sites with a page that had at the top a box containing direct links to airlines and fares.


People who reviewed the Google data said tests with hundreds of people showed that fewer than one in five users preferred the page with links only. Users said they liked the box of flight results, so Google reasoned that making the change was better for the consumer.


“There is a deep science to search evaluation,” Amit Singhal, a senior vice president who oversees Google’s search operation, said in an interview on Friday. “A lot of work goes into every change we make.”


But the changes were not better for companies or alternative travel sites that were pushed off the first page of results by Google’s flight box and associated links. By pushing links to competing sites lower, Google might be making things easier for people who come to it for free search. But it also is having a negative effect on competitors, shutting off traffic for those sites.


Drawing fewer customers as a result of Google’s free links, those competitors are forced to advertise more to draw traffic. And advertisers who aren’t competitors have fewer places to go to reach consumers, meaning Google can use its market power to raise advertising prices.


“There might be no consumer harm if Google eliminates Yelp,” said one Microsoft advocate, who spoke on the condition of anonymity because of the likelihood of further interactions with the F.T.C. “But advertisers certainly are harmed.”


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Syria President’s Defiant Words Dash Hopes for a Quick Peace


Agence France-Presse — Getty Images


In a battered neighborhood of Aleppo, Syria, residents propped up a masked and uniformed effigy of President Bashar al-Assad.







BEIRUT, Lebanon — Sounding defiant, confident and, to critics, out of touch with his people’s grievances, President Bashar al-Assad of Syria used his first public address in six months to justify his harsh crackdown, rally his supporters to fight against his opponents and inform on them — and leave in tatters recent efforts toward a political resolution to the country’s bloody civil war.




Mr. Assad offered what he called a peace plan, including a new cabinet, a new constitution to replace the one adopted just last year in a widely dismissed reform package, and talks with officially tolerated opposition groups. But he ruled out any negotiations with the armed Syrian opposition, and pointedly ignored its demands that he step down, making his proposal a nonstarter for most of his opponents.


He sounded much as he did at the start of the uprising 21 months ago, dictating which opposition groups were worthy and labeling the rest terrorists and traitors. He gave no acknowledgment that the rebels have come to control large parts of the north and east of the country, nor that many ordinary Syrians continue to demand change in the face of a crackdown that has laid waste to neighborhoods and killed tens of thousands, nor that even longtime allies like Russia have signaled that Mr. Assad may be unable to defeat the insurgency.


He even dismissed as foreign interference the mediation efforts of the United Nations envoy Lakhdar Brahimi, the senior Algerian diplomat who visited Damascus on Dec. 24, warning of national disintegration if the two sides did not negotiate a solution.


“Everyone who comes to Syria knows that Syria accepts advice but not orders,” Mr. Assad told a cheering, chanting crowd at the Damascus Opera House, on Umayyad Square in the center of the capital, where residents said the security forces were deployed heavily starting the night before.


“He doesn’t seem to have moved an inch since summer 2011,” said Yezid Sayigh, an analyst at the Carnegie Middle East Center in Beirut, noting that Mr. Assad gave “barely the slightest nod” to Mr. Brahimi’s proposals.


Coming after days of hints that Mr. Assad might at last be ready to negotiate, his defiant speech on Sunday promised trouble for both his friends and his enemies. Russia may find it harder to stave off international action against Syria, which it has done so far using its veto at the United Nations Security Council, as the chances for a political solution seem to recede.


Moreover, Mr. Assad’s defiance may prompt Mr. Brahimi to decline to continue his mission. That would present the “Friends of Syria,” the group of nations supporting the opposition — the United States and its Western allies, Turkey and some Arab countries — with an unpalatable choice: intervene more aggressively or risk allowing the conflict to drag on indefinitely.


“Assad is not letting the Friends of Syria off the hook by making it easy for them to declare victory and close the Syria file,” Mr. Sayigh said. “Now what will they do?”


The United Nations estimates that more than 60,000 people have died in the civil war, which began as a peaceful protest movement and turned into an armed struggle after security forces fired on demonstrators. Rebels have made gains in the north and east and in the Damascus suburbs, but Mr. Assad’s government has pushed back with deadly air and artillery strikes, and appears to be confident that it can hold the capital. Neither side appears ready to give up the prospect of military victory, though analysts say neither side is close to achieving it.


Mr. Assad’s defiant stance on Sunday “means we’re in for a long fight,” said Joshua Landis, a scholar on Syria and Mr. Assad’s minority sect, the Alawites, at the University of Oklahoma. “This is a dark, dark tunnel. There is no good ending to this. Assad believes he is winning.”


Victoria Nuland, the spokeswoman for the State Department, said in a statement that Mr. Assad’s speech was “yet another attempt by the regime to cling to power, and does nothing to advance the Syrian people’s goal of a political transition.” She said that even as Mr. Assad “speaks of dialogue, the regime is deliberately stoking sectarian tensions and continuing to kill its own people.”


Reporting was contributed by Hania Mourtada from Beirut; an employee of The New York Times from Damascus, Syria; Eric Schmitt from Washington; and Ellen Barry from Moscow.



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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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Despite New Health Law, Some See Sharp Rise in Premiums





Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.







Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.







Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.


In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.


 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.


The proposed increases compare with about 4 percent for families with employer-based policies.


Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.


The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.


New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.


The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.


Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.


“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.


While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.


The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.


Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.


“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.


Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.


“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.


As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.


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Despite New Health Law, Some See Sharp Rise in Premiums





Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.







Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.







Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.


In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.


 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.


The proposed increases compare with about 4 percent for families with employer-based policies.


Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.


The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.


New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.


The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.


Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.


“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.


While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.


The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.


Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.


“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.


Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.


“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.


As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.


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Slipstream: Legislation Would Regulate Tracking of Cellphone Users



THERE are three things that matter in consumer data collection: location, location, location.


E-ZPasses clock the routes we drive. Metro passes register the subway stations we enter. A.T.M.’s record where and when we get cash. Not to mention the credit and debit card transactions that map our trajectories in comprehensive detail — the stores, restaurants and gas stations we frequent; the hotels and health clubs we patronize.


Each of these represents a kind of knowing trade, a conscious consumer submission to surveillance for the sake of convenience.


But now legislators, regulators, advocacy groups and marketers are squaring off over newer technology: smartphones and mobile apps that can continuously record and share people’s precise movements. At issue is whether consumers are unwittingly acquiescing to pervasive tracking just for the sake of having mobile amenities like calendar, game or weather apps.


For Senator Al Franken, the Minnesota Democrat, the potential hazard is that by compiling location patterns over time, companies could create an intimate portrait of a person’s familial and professional associations, political and religious beliefs, even health status. To give consumers some say in the surveillance, Mr. Franken has been working on a locational privacy protection bill that would require entities like app developers to obtain explicit one-time consent from users before recording the locations of their mobile devices. It would prohibit stalking apps — programs that allow one person to track another person’s whereabouts surreptitiously.


The bill, approved last month by the Senate Judiciary Committee, would also require mobile services to disclose the names of the advertising networks or other third parties with which they share consumers’ locations.


“Someone who has this information doesn’t just know where you live,” Mr. Franken said during the Judiciary Committee meeting. “They know the roads you take to work, where you drop your kids off at school, the church you attend and the doctors that you visit.”


Yet many marketers say they need to know consumers’ precise locations so they can show relevant mobile ads or coupons at the very moment a person is in or near a store. Informing such users about each and every ad network or analytics company that tracks their locations could hinder that hyperlocal marketing, they say, because it could require a new consent notice to appear every time someone opened an app.


“Consumers would revolt if this was the case, and applications could be rendered useless,” said Senator Charles Grassley, the Iowa Republican, who promulgated industry arguments during the committee meeting. “Worse yet, free applications that rely on advertising could be pushed by the consent requirement to become fee-based.”


Mr. Franken’s bill may seem intended simply to protect consumer privacy. But the underlying issue is the future of consumer data property rights — the question of who actually owns the information generated by a person who uses a digital device and whether using that property without explicit authorization constitutes trespassing.


In common law, a property intrusion is known as “trespass to chattels.” The Supreme Court invoked the legal concept last January in United States v. Jones, in which it ruled that the government had violated the Fourth Amendment — which protects people against unreasonable search and seizure — by placing a GPS tracking device on a suspect’s car for 28 days without getting a warrant.


Some advocacy groups view location tracking by mobile apps and ad networks as a parallel, warrantless commercial intrusion. To these groups, Mr. Franken’s bill suggests that consumers may eventually gain some rights over their own digital footprints.


“People don’t think about how they broadcast their locations all the time when they carry their phones. The law is just starting to catch up and think about how to treat this,” says Marcia Hofmann, a senior staff lawyer at the Electronic Frontier Foundation, a digital rights group based in San Francisco. “In an ideal world, users would be able to share the information they want and not share the information they don’t want and have more control over how it is used.”


Even some marketers agree.


One is Scout Advertising, a location-based mobile ad service that promises to help advertisers pinpoint the whereabouts of potential customers within 100 meters. The service, previously known as ThinkNear and recently acquired by Telenav, a personalized navigation service, works by determining a person’s location; figuring out whether that place is a home or a store, a health club or a sports stadium; analyzing weather and other local conditions; and then showing a mobile ad tailored to the situation.


Eli Portnoy, general manager of Scout Advertising, calls the technique “situational targeting.” He says Crunch, the fitness center chain, used the service to show mobile ads to people within three miles of a Crunch gym on rainy mornings. The ad said: “Seven-day pass. Run on a treadmill, not in the rain.”


When a person clicks on one of these ads, Mr. Portnoy says, a browser-based map pops up with turn-by-turn directions to the nearest location. Through GPS tracking, Scout Advertising can tell when someone starts driving and whether that person arrives at the site.


Despite the tracking, Mr. Portnoy describes his company’s mobile ads as protective of privacy because the service works only with sites or apps that obtain consent to use people’s locations. Scout Advertising, he adds, does not compile data on individuals’ whereabouts over time.


Still, he says, if Congress were to enact Mr. Franken’s location privacy bill as written, it “would be a little challenging” for the industry to carry out, because of the number and variety of companies involved in mobile marketing.


“We are in favor of more privacy,” Mr. Portnoy says, “but it has to be done within the nuances of how mobile advertising works so it can scale.”


A SPOKESMAN for Mr. Franken said the senator planned to reintroduce the bill in the new Congress. It is one of several continuing government efforts to develop some baseline consumer data rights.


“New technology may provide increased convenience or security at the expense of privacy and many people may find the trade-off worthwhile,” Justice Samuel Alito wrote last year in his opinion in the Jones case. “On the other hand,” he added, “concern about new intrusions on privacy may spur the enactment of legislation to protect against these intrusions.”


E-mail: slipstream@nytimes.com.



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Memo From London: Argentina’s Call for Return of Falkland Islands Causes a Stir





LONDON — They have barely 3,000 inhabitants and far more sheep than people. They are more than 8,700 miles from London. For much of the year, they are bitterly cold and wind-swept, with only open sea and ice between them and Antarctica. President Ronald Reagan, who tussled with Margaret Thatcher over them as he rarely did on any other issue that engaged the two leaders, described them once as “that little ice-cold bunch of land down there.”




But the Falkland Islands, the focus of a short war between Britain and Argentina in 1982, have been in the headlines again recently.


Politicians, newspapers and military leaders in both countries have been back at the barricades making the old arguments about who is the islands’ rightful owner. Their arguments suggest what has long been evident: nothing lasting was settled by the conflict that killed 255 British and 649 Argentine soldiers, sailors and airmen, as well as 3 civilians on the islands.


The British newspaper The Guardian heralded the latest outburst in an editorial on Friday that struck an exhausted note. “Here we go again,” it said, tacitly acknowledging that the paper has been stuck in something of a rut of its own on the issue for years in its calls for a negotiated settlement.


As it was in 1982, few British politicians, and only a minority of mostly left-of-center opinion in Britain, have been ready to deviate from the unyielding stance that Mrs. Thatcher adopted. She sent a British naval task force to recapture the islands after the Argentine military dictatorship of Leopoldo Galtieri dispatched troops to overrun the meager British garrison there.


To many on the British left, there is little to be served by rehashing the old arguments that were set off when President Cristina Fernández de Kirchner of Argentina wrote an open letter to Prime Minister David Cameron of Britain on Thursday. It was published as an advertisement in The Guardian and another left-of-center British daily, The Independent.


The letter appeared on the 180th anniversary of Jan. 3, 1833, when an armed clash between the two nations took place on the islands. The episode has been settled on by Argentina as a watershed moment in a convoluted colonial story that goes back to the 16th century and involves competing claims to sovereignty by Britain, France, Portugal and Spain, which was the colonial power in Argentina until the country gained independence in 1816. In the statement that ran in the British papers, Mrs. Kirchner asserted that “Argentina was forcibly stripped of the Malvinas Islands” — Argentina’s name for the territory — in the murky 1833 episode. The clash involved a British sloop, an outgunned Argentine vessel and an Argentine commander’s submission to a British demand that he remove the remnants of a mutinous Argentine garrison from the islands.


Britain has always rebutted Argentine claims that the people who were expelled included Argentine civilians, and it contends that British sovereignty was established by a much earlier settlement, dating to the mid-18th century.


The Guardian, in its editorial, dismissed this as political window dressing, ultimately irrelevant to the present dispute. Mrs. Kirchner’s letter, it said, had more to do with a populist bid to revive her slumping popularity in Argentina than “anything a British brig-sloop did 180 years ago.” The newspaper added, “Any objective reader of the history of these islands would more likely conclude that this history is mixed, to say the least, and that the rival sovereignty claims are finely balanced.” The editorial urged the two countries to grapple with the issue diplomatically and to aim, initially, for an agreement on sharing in the bounty of fisheries and in recently discovered offshore oil reserves that some economists believe could turn into a 21st-century bonanza for the islands.


Mr. Cameron, though, is having none of it. Within hours of Mrs. Kirchner’s statement, he went before television cameras, saying that the future of the islands would be determined by the Falkland Islanders and that they would make their feelings known in a referendum to be held in March on the islands’ political status.


That was the expedient Britain adopted last year when Mrs. Kirchner campaigned in Argentina, and at the United Nations in New York, for a reopening of the sovereignty issue on the 30th anniversary of the 1982 war.


“As long as they choose to stay with the United Kingdom, they have my 100 percent backing,” Mr. Cameron said.


For the British leader, it is a safe bet. About 70 percent of the islanders are of British descent, and visitors there say there is no more than a scattering of support for an Argentine takeover. Tying the Falklands’ future to the islanders’ choice leaves Britain essentially where it was under Mrs. Thatcher. She remains a revered figure for Mr. Cameron, not only for her conservative stewardship at 10 Downing Street but also for her success in turning the Falklands issue into her second general-election victory, in 1983. It is a precedent unlikely to be lost on the current prime minister as he contemplates the general election he must face in 2015.


If there is a worry for Mr. Cameron, it lies in the possibility that Argentina, with popular passions heightened by Mrs. Kirchner, may make another attempt to seize the islands by force. British military commanders say they consider that highly unlikely, since Argentina’s armed forces have been barely modernized since the military junta there collapsed in the wake of the 1982 conflict, and they lack the power they had then to project air and naval power.


British forces on the islands have been expensively upgraded, with 800 troops, a new military airfield equipped to take heavy transport jets, a squadron of Typhoon fighter-bombers and, at times of tension, a nuclear attack submarine prowling the South Atlantic.


But Britain miscalculated before, in 1982, when Mrs. Thatcher’s government brushed aside diplomatic warnings of an invasion.


“I never, never expected the Argentines to invade the Falklands head-on,” she told an inquiry after the war, according to secret cabinet papers from the period that were released in late December. “It was such a stupid thing to do, as events happened, such a stupid thing even to contemplate doing.”


The papers included another kind of warning. Little noticed among the newly published documents was the last dispatch of Britain’s ambassador to Argentina when the Falklands invasion took place.


The envoy, Anthony Williams, who was never assigned as an ambassador again, argued eloquently that Britain had been wrong to regard the Argentine invasion as “a simple act of brigandage.” He said that although the country had “its share of vandals, hooligans and roughs,” it also had a case that the ambassador suggested could be compared to the seizure of the Suez Canal from its British and French owners in 1956 by President Gamal Abdel Nasser of Egypt.


“If our rightness is not so absolute as it now seems to us, no more is Argentine wrongness,” he said.


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