Software pioneer McAfee says framed for murder in Belize

BELIZE CITY (Reuters) – Computer security industry pioneer John McAfee says he has gone into hiding in Belize because he believes authorities there are trying to frame him for the murder of a neighbor, a crime he says he did not commit, according to Wired magazine.

Belize police are searching for McAfee as “a person of interest” in a murder investigation.

“You can say I’m paranoid about it, but they will kill me, there is no question. They’ve been trying to get me for months. They want to silence me,” Wired quoted McAfee as saying on its website. “I am not well liked by the prime minister. I am just a thorn in everybody’s side.”

The magazine reported that McAfee, 67, contacted one of its reporters by telephone after his neighbor Gregory Faull, was found dead on Sunday in a pool of blood. The 52-year-old American was apparently shot in the head in his home on the island of Ambergris Caye.

Police say McAfee had a history of conflict with Faull, whose post-mortem was expected to be conducted on Tuesday.

McAfee, who amassed a fortune by building the anti-virus company that bears his name, has homes and businesses in the Central American country where police say he has lived for at least two years.

It was not the first time McAfee, who has tattoos, a goatee beard and mustache, and a penchant for guns, has drawn police attention in Belize.

His premises were raided earlier this year after he was accused of holding firearms, though most were found to be licensed. The final outcome of the case is pending.

He was also suspected of running a lab to make the synthetic drug crystal meth.

“He was suspected (of making crystal meth) but he was not convicted nor was he charged. He was only suspected,” said Belize police spokesman Raphael Martinez.

McAfee also owns a security company in Belize as well as several properties, an ecological enterprise and a water taxi and ferry business.

Reuters could not reach McAfee, who police want to question.

“It would be quite nice for him to come in and answer some of the questions that could lead to the closure of this case,” Martinez said. “He is not wanted for murder, but he is wanted for questioning as a person of interest.”

One man in Belize who knows McAfee well told Reuters he believed the American’s troubles began when he turned down requests for donations to the ruling United Democratic Party (UDP) to help fund its successful re-election bid in March.

“He rejected them because he doesn’t believe in participating in politics,” said the man, who spoke on condition of anonymity, calling McAfee an “honorable person.”

McAfee said earlier this year he had refused to donate to the UDP, which could not immediately be reached for comment.

The Belize police department has reached out to counterparts in neighboring Mexico and Guatemala, asking them to detain McAfee if he leaves Belize overland.

McAfee was one of Silicon Valley’s first entrepreneurs to amass a fortune by building a business off the Internet.

The former Lockheed systems consultant started McAfee Associates in 1989, initially distributing anti-virus software as “shareware” on Internet bulletin boards.

He took the company public in 1992 and left two years later following accusations that he had hyped the arrival of a virus known as Michelangelo, which turned out to be a dud, to scare computer users into buying his company’s products.

McAfee currently has no relationship with the software company, which has since been sold to Intel Corp.

(Reporting by Jim Finkle in Boston, Jose Sanchez in Belize City, Simon Gardner and Dave Graham in Mexico City; Editing by Kieran Murray and Eric Walsh)

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Planned Parenthood seeks injunction over Oklahoma health program

OKLAHOMA CITY (Reuters) – Planned Parenthood asked a federal judge on Tuesday to stop Oklahoma from blocking it from participating in a federally funded nutrition program that helps poor women and children at three clinics in the Tulsa area.

The request, filed in federal court in Oklahoma City, appeared aimed at combating a move similar to those taken by conservative Republicans in more than a dozen states over the past two years to eliminate funding for health services provided by Planned Parenthood.

The non-profit women’s health organization has administered a federal program called Women, Infants & Children for 18 tears in Oklahoma’s Tulsa County, but the state health department said in September it would let other clinics provide the services, blocking Planned Parenthood from taking part.

That decision followed a failed attempt in the Republican-controlled Oklahoma legislature in May to prohibit WIC benefits from being administered by Planned Parenthood because it provides abortion referrals.

The state health department has denied its decision was tied to Planned Parenthood’s position on abortion, citing decreasing caseloads, high costs and billing questions with the Planned Parenthood clinics as reasons for its decision. State health officials were not immediately available for comment.

The Oklahoma Policy Institute, a nonprofit organization that examines public policy, has called the health department’s reasons inaccurate.

Planned Parenthood attorney Tamya Cox said the group was seeking the injunction to protect access to nutritional services for about 3,000 women and children that used the three clinics in September.

The group’s request said that other clinics in Tulsa County can’t absorb the caseload that the Planned Parenthood clinics handled and that there was a three-month waiting list to make an appointment at the other clinics.

“Politics should never interfere with a woman’s access to health services – or food for her children,” Cox said.

(Editing by Cynthia Johnston and Eric Walsh)

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'Warrior monk' at center of growing scandal

WASHINGTON (Reuters) - Marine Corps General John Allen, the soberly formal, spit-and-polish head of U.S. and international forces in Afghanistan, is not a military leader whose image immediately conjures up the word "flirtatious."

The four-star general, who succeeded General David Petraeus last year as head of the International Security Assistance Force, is known for his ability to work with tribal sheikhs, a skill that helped him turn the tide against al Qaeda in Anbar Province in Iraq five years ago and has served him well in Afghanistan.

So the news that Allen, a 36-year veteran of the Marine Corps, had been snared in the same investigation that prompted the resignation of Petraeus as CIA director last week was greeted with surprise at the Pentagon and elsewhere in Washington.

John Ullyot, who served under Allen at Camp Lejeune in North Carolina in 1993, said he was all about "setting the example" for those under him and it was "hard for anyone who ever served under Allen" to believe he had been pulled into the probe.

Allen, who is married and has two daughters, "was known as a kind of warrior monk," said Ullyot, who was a spokesman for former U.S. Senator John Warner, a Republican who chaired the Senate Armed Services Committee.

Allen's connection to the probe that snared Petraeus was revealed early on Tuesday when Defense Secretary Leon Panetta announced he was putting Allen's nomination as head of U.S. European Command on hold pending an investigation.

A senior U.S. defense official said Panetta had asked the Defense Department's inspector general to investigate what the Pentagon called "inappropriate communication" between Allen and Jill Kelley, a Tampa, Florida socialite who is involved in volunteer causes that support the military.

Kelley is the woman who told the FBI she had received anonymous harassing emails about Petraeus. The FBI investigation into the emails uncovered an extramarital affair between Petraeus and his biographer, Paula Broadwell, who was found to be the source of the emails to Kelley, officials have said.

The FBI investigation also uncovered 20,000 to 30,000 pages of emails between or copied to Allen and Kelley. While defense officials were unable to say exactly how many emails there were between the two, the volume in pages raised concerns, they said.

A senior defense official, speaking on condition of anonymity, said the emails were "flirtatious" in nature, but did not deal with security or military business. The official said he had not seen the emails and could not say whether they were merely friendly or sexually explicit.

The investigation came just two days before Allen, the first Marine to serve as Commandant of Midshipmen at the U.S. Naval Academy, was to testify at a confirmation hearing naming him to replace Admiral James Stavridis as head of the U.S. European Command and Supreme Allied Commander Europe.

RECOMMENDED BY PETRAEUS

Allen and Petraeus have long known one another and served together. Allen was Petraeus' deputy at U.S. Central Command, based in Tampa.

Petraeus personally recommended Allen for the ISAF command. During Allen's confirmation hearing for the job, Senator John McCain told Allen he could "think of no higher compliment to pay a military officer" than to have the kind of support Petraeus had given him.

Allen has served as the head of ISAF since July 2011, managing the drawdown of U.S. forces following a surge that helped push Taliban insurgents out of major cities across the country.

His time in Afghanistan also has been marked by a spate of incidents that have enraged Afghans. They include video images of troops urinating on Taliban corpses and the burning of Korans and religious texts taken from a prison library. There also has been a surge in attacks on international forces by their Afghan partners.

Allen has handled the incidents with sensitivity, even as tensions have increased, his supporters say.

"I think General Allen has done a good job under very difficult circumstances in Afghanistan," said Senator Susan Collins, a member of the Armed Services Committee.

McCain, the top Republican on the Armed Services Committee, said he was surprised by the probe of Allen's emails and urged people to withhold judgment until the inspector general had finished his investigation.

"I have great respect and appreciation for the work that General Allen has done," he said. "If we fail in Afghanistan, which we are, it's because of decisions that were made by the president, not by General Allen."

"General Allen has said that he is not guilty of any improper behavior," McCain added. "He deserves to have us withhold judgment until the investigation is completed."

Allen, a 1976 Naval Academy graduate, served from 2008 to 2011 as deputy commander of U.S. Central Command, which oversees U.S. military dealings with countries from Egypt to Kazakhstan, including Afghanistan and Pakistan.

He was a deputy commanding general of the 2nd Marine Expeditionary Force in Iraq from 2006 to 2008.

(Additional reporting by Susan Cornwell. Editing by Warren Strobel and Christopher Wilson)

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General investigated for emails to Petraeus friend

PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged “inappropriate communications” with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.

Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.

Panetta said that he ordered a Pentagon investigation of Allen on Monday.

A senior defense official traveling with Panetta said Allen’s communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.

Kelley is said to have received threatening emails from Broadwell, who is Petraeus’ biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.

Petraeus resigned as CIA director on Friday.

Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.

The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen’s problematic communications.

The official said 20,000 to 30,000 pages of emails and other documents from Allen’s communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.

“Gen. Allen disputes that he has engaged in any wrongdoing in this matter,” the official said. He said Allen currently is in Washington.

Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.

The FBI’s decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta’s decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.

Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.

In the meantime, Panetta said, Allen’s nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold “until the relevant facts are determined.” He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.

Panetta said President Barack Obama was consulted and agreed that Allen’s nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.

NATO officials had no comment about the delay in Allen’s appointment.

“We have seen Secretary Panetta‘s statement,” NATO spokeswoman Carmen Romero said in Brussels. “It is a U.S. investigation.”

Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama’s nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford’s hearing is also scheduled for Thursday.

___

Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.

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Head of Microsoft’s Windows unit steps down

(Reuters) – Microsoft Corp said the head of its flagship Windows division and the driving force behind Windows 8, Steven Sinofsky, will be leaving the company with immediate effect, days after the software giant launched the Surface tablet.

Sinofsky, who presented at the launch of the Windows 8 operating system in New York City last month, will be succeeded by Julie Larson-Green, who will head the Windows hardware and software division, the company said in a statement.

Tami Reller will remain chief financial officer and chief marketing officer and will assume responsibility for the business of Windows.

Both executives will report directly to Microsoft CEO Steve Ballmer, Microsoft said.

At the launch event in October, Sinofsky and his team showed off a range of devices running Windows 8 from PC makers such as Lenovo Group Ltd and Acer Inc, but devoted most of their energy to the second half of the presentation and the Surface tablet, the first computer Microsoft has made itself.

(Reporting by Sakthi Prasad and Nicola Leske; Editing by Edmund Klamann)

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Syrian Red Crescent estimates 2.5 million uprooted in Syria

GENEVA (Reuters) – The Syrian Arab Red Crescent estimates that 2.5 million people are internally displaced within Syria by civil war, doubling the previous figure of 1.2 million used by aid agencies, the United Nations refugee agency said on Tuesday.

“The figure they are using is 2.5 million. If anything, they believe it could be more, this is a very conservative estimate,” Melissa Fleming, chief spokeswoman of the U.N. High Commissioner for Refugees (UNHCR), told a news briefing in Geneva.

“So people are moving, really on the run, hiding. They are difficult to count and access,” she said.

The United Nations said on Friday that up to 4 million people inside Syria will need humanitarian aid by early next year when the country is in the grip of winter, up from 2.5 million now whose needs are not fully met.

The UNHCR has temporarily withdrawn about half of its 12 staff from north-eastern Hassaka province due to fierce fighting and insecurity that has resulted in the loss of some aid supplies and driven more Syrian Kurds into Iraq, Fleming said.

More than 407,000 Syrian refugees have registered or await registration in the surrounding region – Lebanon, Turkey, Jordan and Iraq – and more are fleeing every day, she said.

(Reporting by Stephanie Nebehay; Editing by Janet Lawrence)

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Petraeus probe ensnares top U.S. commander in Afghanistan

PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged "inappropriate communications" with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.

Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.

Panetta said that he ordered a Pentagon investigation of Allen on Monday.

A senior defense official traveling with Panetta said Allen's communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.

Kelley is said to have received threatening emails from Broadwell, who is Petraeus' biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.

Petraeus resigned as CIA director on Friday.

Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.

The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen's problematic communications.

The official said 20,000 to 30,000 pages of emails and other documents from Allen's communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.

"Gen. Allen disputes that he has engaged in any wrongdoing in this matter," the official said. If Allen was found to have had an affair with Kelley, he could face charges of adultery, which is a crime under the Uniform Code of Military Justice.

Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.

But the Allen investigation adds a new complication to an Afghan war effort that is at a particularly difficult juncture. Allen had just provided Panetta with options for how many U.S. troops to keep in Afghanistan after the U.S.-led coalition's combat mission ends in 2014. And he was due to give Panetta a recommendation soon on the pace of U.S. troop withdrawals in 2013.

The war has been largely stalemated, with little prospect of serious peace negotiations with the Taliban and questions about the Afghan government's ability to handle its own security after 2014.

At a photo session with Australian Prime Minister Julia Gillard shortly after he arrived in Perth, Panetta was asked by a reporter whether Allen could remain an effective commander in Kabul while under investigation. Panetta did not respond.

The FBI's decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta's decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.

Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.

In the meantime, Panetta said, Allen's nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold "until the relevant facts are determined." He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.

The military official said Allen is in Washington, where he was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.

The senior defense official said Panetta has not talked to Allen about the investigation, nor has he discussed the matter with President Barack Obama, although he consulted with unspecified White House officials before making the decision to seek a postponement of Allen's confirmation hearing.

Panetta did talk about the Allen matter with Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, who happens to also be in Perth for a meeting of American and Australian diplomatic and defense officials. Those talks were starting Tuesday with an official dinner.

With a cloud over Allen's head, it was unclear Tuesday whether he would return to Kabul, even though Panetta said Allen would remain in command. The second-ranking American general in Afghanistan is Army Lt. Gen. James Terry.

NATO officials had no comment about the delay in Allen's appointment.

"We have seen Secretary Panetta's statement," NATO spokeswoman Carmen Romero said in Brussels. "It is a U.S. investigation."

Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama's nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford's hearing is also scheduled for Thursday.

___

Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.

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Clarke’s 218 puts Australia on front foot

BRISBANE (Reuters) – Australia captain Michael Clarke scored a brilliant unbeaten double century to give the hosts a remarkable 37-run first innings lead on the fourth day of the first test against South Africa on Monday.

Supported first by a maiden century from opener Ed Cowan in a record stand of 259, and then by Mike Hussey‘s 86 not out, Clarke’s 218 helped lift Australia from 40 for three when he took to the crease on Sunday to 487 for four when stumps were drawn.

It was Clarke’s sixth test century, and his third double hundred, in the 15 tests since he was named captain last year in the wake of the Ashes humiliation and Australia’s quarter-final exit at the World Cup.

Although by no means a chanceless knock, the 31-year-old played with patience when South Africa’s vaunted pacemen got anything out of the Gabba track before punishing anything loose with some fine shot-making.

When he carried his bat back to the pavilion at the end of the day to the raucous cheers of a sparse crowd at the famous Brisbane ground, Clarke had faced 350 balls over 504 minutes and scored 21 fours.

“I’m very happy with that,” Clarke, who accumulated his 1,000 test run of the year during the innings, said in an interview on the boundary.

“I didn’t feel great at the start and I think Ed Cowan batted beautifully.

“We’re in a great position with a 30-odd lead. I’d like another 70 odd runs in the morning and then I want to have a crack with the ball. We’ll see what happens.”

Cowan departed for 136 in heartbreaking fashion just before tea, run out at the non-striker’s end when Dale Steyn got a finger to a Clarke drive that hit the stumps and the opener was caught out of his crease backing up.

RECORD PARTNERSHIP

His partnership with Clarke was an Australian record for the fourth wicket at the Gabba, beating the 245 Clarke and Mike Hussey made against Sri Lanka in 2007.

Cowan’s wicket was the only wicket to fall on the day and Hussey started pouring on the runs as if determined to get the record back for his own partnership with his captain.

The 37-year-old bucked his poor recent form against South Africa by reaching his half century off just 68 balls with a drive through long-off and was closing on a century of his own when play ended.

It was Hussey’s cut four off Morne Morkel with which Australia overhauled South Africa’s first innings tally of 450 and put themselves in with an unlikely chance of even winning a test which lost an entire day to rain on Saturday.

Clarke’s negotiation of the “nervous nineties” for his century had been fraught and he was nearly run out going for a second run that would have brought him to the hundred mark.

There were no such jitters on his approach to the two hundred mark, which he passed by slapping the ball through mid-on for two runs before giving the badge on his helmet another kiss.

Cowan’s century was a retort to those critics who have consistently questioned his place in the team since he made his debut in last year’s Melbourne test against India.

The 30-year-old lefthander reached the mark two overs after lunch by pulling a short Vernon Philander delivery for four to the square leg boundary, beginning his joyous celebrations before the ball hit the rope.

South Africa’s number one test ranking is on the line in the series, which continues with matches in Adelaide and Perth after Brisbane.

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Stock index futures signal mixed open

PARIS (Reuters) – Stock index futures pointed to a mixed open on Wall Street on Monday, with futures for the S&P 500 up 0.15 percent, Dow Jones futures up 0.03 percent and Nasdaq 100 futures down 0.1 percent at 3.37 a.m. EDT.

* World equities fell on Monday as concerns about the fiscal crisis in the United States and progress on a bailout plan for Greece dented optimism over global growth prospects.

* Data showed over the weekend that China‘s export growth climbed to a five-month high above 11 percent, beating expectations and adding to recent data suggesting the country’s seven straight quarters of slowing economic growth have ended.

* China‘s reassuring data, however, was offset by figures showing Japan’s economy shrinking 0.9 percent in the third quarter. Though this was in line with expectations, the decline in capital expenditure was much steeper than forecast.

* On Sunday, the Greek parliament approved an austerity budget for next year, a necessary step to unblock a new tranche of credit from the European Union and International Monetary Fund before the government runs out of cash, although investors remain concerned about whether the EU and IMF will agree to send the next tranche.

* A senior Republican senator voiced confidence on Sunday that U.S. lawmakers would forge a deal on the year-end “fiscal cliff,” while a top aide to President Barack Obama signaled a willingness to compromise over raising tax rates on the rich.

* Apple Inc and HTC Corp <2498.TW> announced on Saturday a global patent settlement and 10-year licensing agreement that ends one of the first major conflagrations of the smartphone patent wars. Shares of HTC jumped by their permitted daily limit on Monday.

* China‘s Alibaba Group more than doubled its April-June net profit and grew sales by 71 percent for the period, proving the country’s largest e-commerce firm has shrugged off intensifying competition in the sector. Yahoo Inc holds 24 percent of Alibaba.

* Exxon Mobil said it faces a $ 3.3 billion spike in costs at its LNG project in Papua New Guinea, the latest Asia-Pacific project to be hit by cost overruns as competition is set to grow from new gas supplies coming on tap in North America and Africa.

* The bullish money held by hedge funds and other big speculators in U.S. commodities has sunk to a four-month low as they unwound from gold and a broad number of markets after Superstorm Sandy’s feared hit on the U.S. economy, trade data showed on Friday.

* Sharon McCollam, the former chief financial officer of Williams-Sonoma Inc , will come out of retirement to take over as finance chief at Best Buy Co Inc at the end of the year, a source familiar with the matter said.

* UK lawmakers will quiz executives of Starbucks , Google and Amazon on Monday about how they have managed to pay only small amounts of tax in Britain while racking up billions of dollars worth of sales here.

* U.S. stocks advanced on Friday but failed to make up for what turned out to be the worst week for markets since June, as investors turned their attention from the presidential election to the coming negotiations over the “fiscal cliff.”

* The Dow Jones industrial average <.DJI> edged up 4.07 points, or 0.03 percent, to 12,815.39 at the close. The Standard & Poor’s 500 Index <.SPX> rose 2.34 points, or 0.17 percent, to 1,379.85. The Nasdaq Composite Index <.IXIC> advanced 9.29 points, or 0.32 percent, to close at 2,904.87.

(Reporting by Blaise Robinson/editing by Chris Pizzey, London MPG Desk, +44 (0)207 542-4441)

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Condom conundrum: Porn industry ponders latex law

LOS ANGELES (AP) — The show must go on, is the entertainer’s credo, and it did just that in the nation’s Porn Capital even after Los Angeles County voted to require performers to use condoms when filming sex scenes.

One of the industry’s biggest stars, James Deen, reported for work, condom-free as usual, just hours after voters adopted the new law.

During a break in the action Thursday, however, Deen raised the same questions on the mind of everyone in LA’s billion-dollar-plus porn industry: Can a planned court challenge get the new law tossed out before it is even implemented? Or, perhaps this time next year, will he be making films like “Atomic Vixens” and “Asian Fever Sex Objects” in some place like Las Vegas or Florida?

The law, listed on the ballot as Measure B, was passed by 56 percent of voters Tuesday. It won’t take effect until election results are certified, which likely will be several more days. It could take months longer before county health officials decide how to enforce it and whether they must begin dispatching prophylactic police officers to keep a close eye on actors.

The Department of Public Health issued a terse statement with no timetable for developing an enforcement plan. There was no hint of whether there would be surprise inspections or if public employees would be paid to watch porn flicks to see if actors were complying.

The nation’s adult entertainment industry, which is believed to generate as much as $ 7 billion a year in revenue, according to the trade publication Adult Video News, vigorously opposed the new law. It argued it is unneeded because of safeguards that include monthly venereal disease checks for all working actors.

They also maintained it would be costly and difficult to enforce and could drive the business out of Los Angeles‘ sprawling San Fernando Valley, taking with it as many as 10,000 jobs, including actors, directors, film editors and crafts and makeup people.

The main problem, they say, is that fans don’t want to see actors using condoms.

“The last time we attempted to go all condom, our industry lost sales by over 30 percent,” said Deen. “That’s a huge hit to our economy.”

Deen, who has appeared in more than 1,000 hardcore films over the past nine years and estimates he’s been in about 4,000 sex scenes, said he’s never been infected with any disease and he gets tested every two weeks.

“I love condoms, I think they’re great and the safest thing you can do in engaging in sexual intercourse with a stranger,” he said, adding he uses them in his personal life but not onscreen.

Industry officials, meanwhile, say the last reported case of HIV linked directly to work was in 2004. Since then, they add, about 300,000 films have been made.

Michael Weinstein, the nonprofit AIDS Healthcare Foundation’s founder and president, disputes those figures, saying there have been other, more recent HIV infections, not to mention numerous cases of gonorrhea, chlamydia and other sexually transmitted diseases.

Weinstein, whose group led a petition campaign to place the measure on the ballot, says he plans to take his campaign statewide.

In the meantime, he says implementing and enforcing the new law should be easy.

“This is no different than supervising restaurants or nail salons or barbershops,” Weinstein said. “You fill out forms, you are granted a permit and, periodically, somebody goes out and does spot inspections.”

Easy to implement or not, porn producers say the cost of paying for permits will likely be steep and the drop-off in sales could bankrupt them.

“Certainly this is the biggest threat that I’ve seen to the industry in a very, very long time,” said Steven Hirsch, chief executive of Vivid Entertainment Group, one of the largest purveyors of porn films, including celebrity sex tapes and popular X-rated parodies of “Batman” and “Superman” films. “There have been obscenity prosecutions, but this is something on a whole different level.”

Hirsch, who co-founded Vivid 28 years ago, said he is confident the industry will get the law overturned on the grounds it violates filmmakers’ First Amendment rights of free expression.

If it isn’t overturned, he said his company will simply move production out of Los Angeles County to survive.

Several people who attended an emergency meeting of the industry’s advocacy group, the Free Speech Coalition, last week, said porn producers have already been in touch with officials in Las Vegas and parts of Florida. In some instances, they said, tax incentives have been offered to lure them.

Through a quirk in county law, the industry might even be able to pack up and move just a few miles down the freeway to Pasadena or Long Beach.

Those municipalities, although located in Los Angeles County, have their own health departments, and Pasadena said earlier this week it won’t enforce the new law.

That would be just fine for many actors and directors, who say they don’t really want to leave their home base.

“People forget that porn people are people too,” said Kylie Ireland, a veteran actress and director who has appeared in such films as “Being Porn Again” and “Calipornication.”

“They forget that we have families and we are married and we have kids and we have lives and jobs and hobbies just like everybody else.”

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