Twitter in legal spat over data clampdown












SAN FRANCISCO (Reuters) – Twitter Inc‘s steadily tightening grip over the 140-character messages on its network has set off a spirited debate in Silicon Valley over whether a social media company should or should not lay claim over its user-generated content.


That debate has now landed in court.












A San Francisco judge on Wednesday granted a temporary restraining order compelling Twitter to continue providing access to its “Firehose” – the full daily stream of some 400 million tweets – to PeopleBrowsr Inc, a data analytics firm that sifts through Twitter and resells that information to clients ranging from technology blogs to the U.S. Department of Defense.


As part of a broader revenue-generating strategy, Twitter in recent months has begun clamping down on how its data stream may be accessed, to the dismay of many third-party developers who have built businesses and products off of Twitter’s Firehose.


PeopleBrowsr, which began contracting Firehose access in July 2010, has continued to buy Twitter data on a month-to-month basis until this July, when Twitter invoked a clause in the agreement that allowed for terminating the contract without cause.


The court’s decision to extend the two San Francisco-based companies’ contract has not settled the legal spat; a judge will hear PeopleBrowsr’s arguments for a preliminary injunction against Twitter on January 8.


But the case could provide the first, in-depth look at issues surrounding one of the Internet industry’s most prominent players in Twitter.


In a court filing, PeopleBrowsr founder John David Rich argued the Twitter move was a “commercial disaster” for his business and contradicted the spirit of repeated public statements that Twitter has made regarding its data.


“Twitter has repeatedly and consistently promised that it would maintain an ‘open ecosystem’ for its data,” Rich said in his company’s request for a temporary injunction.


In its response, Twitter’s lawyers argued: “This is Contracts 101.”


Twitter said in a statement after the court decision: “We believe the case is without merit and will vigorously defend against it.”


(Reporting By Gerry Shih; Editing by Tim Dobbyn)


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JLo tones down concert in Indonesia












JAKARTA, Indonesia (AP) — Jennifer Lopez wowed thousands of fans in Indonesia, but they didn’t see as much of her as concertgoers in other countries — the American pop star toned down both her sexy outfits and her dance moves during her show in the world’s most populous Muslim country, promoters said Saturday.


Lopez’s “Dance Again World Tour” was performed in the country’s capital, Jakarta, on Friday in line with promises Lopez made to make her show more appropriate for the audience, said Chairi Ibrahim from Dyandra Entertainment, the concert promoter.












“JLo was very cooperative … she respected our culture,” Ibrahim said, adding that Lopez’s managers also asked whether she could perform her usual sexy dance moves, but were told that “making love” moves were not appropriate for Indonesia.


“Yes, she dressed modestly … she’s still sexy, attractive and tantalizing, though,” said Ira Wibowo, an Indonesian actress who was among more than 7,000 fans at the concert.


Another fan, Doddy Adityawarman, was a bit disappointed with the changes.


“She should appear just the way she is,” he said, “Many local artists dress even much sexy, much worse.”


Lopez changed several times during her 90-minute concert along with several dancers, who also dressed modestly without revealing their chests or cleavage.


Most Muslims in Indonesia, a secular country of 240 million people, are moderate. But a small extremist fringe has become more vocal in recent years.


They have pushed through controversial laws — including an anti-pornography bill — and have been known to attack anything perceived as blasphemous, from transvestites and bars to “deviant” religious sects.


Lady Gaga was forced to cancel her sold-out show in Indonesia in May following threats by Islamic hard-liners, who called her a “devil worshipper.”


Lopez will also perform in Muslim-majority Malaysia on Sunday.


“Thank you Jakarta for an amazing night,” the 43-year-old diva tweeted to her 13 million followers Saturday.


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South Africa makes progress in HIV/AIDS fight












JOHANNESBURG (AP) — In the early 90s when South Africa‘s Themba Lethu clinic could only treat HIV/AIDS patients for opportunistic diseases, many would come in on wheelchairs and keep coming to the health center until they died.


Two decades later the clinic is the biggest ARV (anti-retroviral) treatment center in the country and sees between 600 to 800 patients a day from all over southern Africa. Those who are brought in on wheelchairs, sometimes on the brink of death, get the crucial drugs and often become healthy and are walking within weeks.












“The ARVs are called the ‘Lazarus drug’ because people rise up and walk,” said Sue Roberts who has been a nurse at the clinic , run by Right to Care in Johannesburg’s Helen Joseph Hospital, since it opened its doors in 1992. She said they recently treated a woman who was pushed in a wheelchair for 3 kilometers (1.8 miles) to avoid a taxi fare and who was so sick it was touch and go. Two weeks later, the woman walked to the clinic, Roberts said.


Such stories of hope and progress are readily available on World AIDS Day 2012 in sub-Saharan Africa where deaths from AIDS-related causes have declined by 32 percent from 1.8 million in 2005 to 1.2 million in 2011, according to the latest UNAIDS report.


As people around the world celebrate a reduction in the rate of HIV infections, the growth of the clinic, which was one of only a few to open its doors 20 years ago, reflects how changes in treatment and attitude toward HIV/AIDS have moved South Africa forward. The nation, which has the most people living with HIV in the world at 5.6 million, still faces stigma and high rates of infection.


“You have no idea what a beautiful time we’re living in right now,” said Dr. Kay Mahomed, a doctor at the clinic who said treatment has improved drastically over the past several years.


President Jacob Zuma’s government decided to give the best care, including TB screening and care at the clinic, and not to look at the cost, she said. South Africa has increased the numbers treated for HIV by 75 percent in the last two years, UNAIDS said, and new HIV infections have fallen by more than 50,000 in those two years. South Africa has also increased its domestic expenditure on AIDS to $ 1.6 billion, the highest by any low-and middle-income country, the group said.


Themba Lethu clinic, with funding from the government, USAID and PEPFAR, is now among some 2,500 ARV facilities in the country that treat approximately 1.9 million people.


“Now, you can’t not get better. It’s just one of these win-win situations. You test, you treat and you get better, end of story,” Mahomed said.


But it hasn’t always been that way.


In the 1990s South Africa’s problem was compounded by years of misinformation by President Thabo Mbeki, who questioned the link between HIV and AIDS, and his health minister, Manto Tshabalala-Msimang, who promoted a “treatment” of beets and garlic.


Christinah Motsoahae first found out she was HIV positive in 1996, and said she felt nothing could be done about it.


“I didn’t understand it at that time because I was only 24, and I said, ‘What the hell is that?’” she said.


Sixteen years after her first diagnosis, she is now on ARV drugs and her life has turned around. She says the clinic has been instrumental.


“My status has changed my life, I have learned to accept people the way they are. I have learned not to be judgmental. And I have learned that it is God’s purpose that I have this,” the 40-year-old said.


She works with a support group of “positive ladies” in her hometown near Krugersdorp. She travels to the clinic as often as needed and her optimism shines through her gold eye shadow and wide smile. “I love the way I’m living now.”


Motsoahae credits Nelson Mandela’s family for inspiring her to face up to her status. The anti-apartheid icon galvanized the AIDS community in 2005 when he publicly acknowledged his son died of AIDS.


None of Motsoahae’s children was born with HIV. The number of children newly infected with HIV has declined significantly. In six countries in sub-Saharan Africa — South Africa, Burundi, Kenya, Namibia, Togo and Zambia —the number of children with HIV declined by 40 to 59 percent between 2009 and 2011, the UNAIDS report said.


But the situation remains dire for those over the age of 15, who make up the 5.3 million infected in South Africa. Fear and denial lend to the high prevalence of HIV for that age group in South Africa, said the clinic’s Kay Mahomed.


About 3.5 million South Africans still are not getting therapy, and many wait too long to come in to clinics or don’t stay on the drugs, said Dr. Dave Spencer, who works at the clinic .


“People are still afraid of a stigma related to HIV,” he said, adding that education and communication are key to controlling the disease.


Themba Lethu clinic reaches out to the younger generation with a teen program.


Tshepo Hoato, 21, who helps run the program found out he was HIV positive after his mother died in 2000. He said he has been helped by the program in which teens meet one day a month.


“What I’ve seen is a lot people around our ages, some commit suicide as soon as they find out they are HIV. That’s a very hard stage for them so we came up with this program to help one another,” he said. “We tell them our stories so they can understand and progress and see that no, man, it’s not the end of the world.”


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Why Obama is pushing for stimulus in 'fiscal cliff' deal

How about a little government economic stimulus?


That may sound incongruous considering the budget deficit and the push from Republicans to cut government spending.


But President Obama’s first offer to avoid going over the "fiscal cliff" holds out the hope of at least some stimulus. This would include extending the 2 percentage point Social Security payroll tax cut, boosting a tax incentive to businesses, establishing a $50 billion bank for long-term infrastructure projects, and extending unemployment benefits.


RECOMMENDED: 'Fiscal cliff' 101: 5 basic questions answered


The total bill: about $255 billion out of the federal government's pocket – an amount the GOP would likely say needs to be offset by spending cuts elsewhere.


The argument in favor of such stimulus? The tax measures, at least, could minimize the drag on the economy from Mr. Obama's proposed tax increases on the wealthy.


“The increases in the top two income tax brackets would put a drag on consumption, so I think, from the Obama point of view, the spending or tax cuts are designed to offset that drag to consumption,” says Michael Brown, an economist at Wells Fargo Securities in Charlotte, N.C.


But to some budget experts, Obama’s list seems more like an opening round of negotiations, where he has asked for a lot more than he will get.


“It looks to me like these are bargaining chips,” says Pete Davis of Davis Capital Ideas, which advises Wall Street firms. “Even most Democrats had given up on the prospect of getting the payroll tax cut extended.”


Mr. Davis considers the odds of most of the stimulus proposals passing Congress “very low.”


What's needed most, say others, is just buckling down and negotiating an end to the fiscal cliff. “Cancelling the fiscal cliff is economic stimulus,” says Stan Collender, a budget expert and partner at Qorvis Communications in Washington.


If Obama's stimulus were passed, however, here is a look at the impact the four elements might have.


SOCIAL SECURITY PAYROLL TAX CUT


The largest chunk of the Obama plan is the extension of the payroll tax cut. This is the money that comes out of an individual’s paycheck as a contribution to Social Security. Two years ago, in an effort to stimulate the economy, Congress decreased the individual contribution from 6.2 percent to 4.2 percent. The employer’s contribution of 6.2 percent remained unchanged.


The Obama administration estimates extending the cuts would cost the government as much as $115 billion in revenue.


The argument for extending the tax cut is that it helps lower-income workers who live paycheck to paycheck. “The difference in the paycheck might be the ability to pay the electric bill for someone or the chance to go to a sit-down restaurant once a month,” says Chris Christopher, an economist at IHS in Lexington, Mass.


The argument against continuing the cut is that it is weakening the Social Security Trust Fund. In order to make up for the loss of contributions, the government taps the general tax revenues, says Pamela Tainter-Causey, a spokeswoman for the National Committee to Preserve Social Security and Medicare.


“It sets up Social Security to compete for funding from the general fund,” she says. “It’s a perfect set up for people who are gunning for the program and claim we can’t afford it now.”


BUSINESS TAX INCENTIVE


The second largest program proposed by Obama would be the extension of accelerated depreciation for business, which would cost the US Treasury about $65 billion in fiscal year 2013, according to the Congressional Budget Office.


Two years ago, business was allowed to accelerate the write-off of 100 percent of its spending on certain capital equipment. Capital spending on equipment and computer software soared by 18.3 percent in 2011.


Then, this year, the benefit to business was cut in half to 50 percent. Capital spending sank in the third quarter by 2.7 percent compared with the same quarter the prior year. With business interest in using the tax break diminishing, economist Gregory Daco of IHS says “it’s a goner.”


INFRASTRUCTURE BANK


Obama has also proposed a $50 billion infrastructure bank. The idea is to fund roads, bridges, tunnels and other large projects that last for a long period of time. “At the moment the funding is done on a cash basis – you have to pay for it as you build it,” says Mr. Collender.


Democrats have been trying to get Congress to fund the bank for the past 10 years, he says. “It does not have a chance of getting through the House," which is controlled by the Republicans, says Mr. Collender.


UNEMPLOYMENT BENEFITS


And, finally, Obama wants to extend unemployment benefits, which would cost about $30 billion.


Under current law, if Congress does nothing, the maximum number of weeks in which an individual could receive jobless will drop to 26 from the current 73 weeks for states with unemployment over 9 percent and 63 weeks for states with unemployment over 7 percent.


If Congress does nothing about the program during the lame-duck session, some 2.1 million jobless will lose their benefits in the first week of January, says Judy Conti, a federal advocacy coordinator at the National Employment Law Project (NELP) in Washington. By the end of the March, she says, another 900,000 people will lose their benefits.


“Forty percent of the unemployed are long term unemployed,” she says. “They have been out of the workforce for over six months.”


RECOMMENDED: 'Fiscal cliff' 101: 5 basic questions answered



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African Union asks UN for immediate action on Mali












DAKAR, Senegal (AP) — In an open letter Thursday to U.N. Secretary-General Ban Ki-moon, the president of the African Union urged the U.N. to take immediate military action in northern Mali, which was seized by al-Qaida-linked rebels earlier this year.


Yayi Boni, the president of Benin who is also head of the African Union, said any reticence on the part of the U.N. will be interpreted as a sign of weakness by the terrorists now operating in Mali. The AU is waiting for the U.N. to sign off on a military plan to take back the occupied territory, and the Security Council is expected to discuss it in coming days.












In a report to the Security Council late Wednesday, Ban said the AU plan “needs to be developed further” because fundamental questions on how the force will be led, trained and equipped. Ban acknowledged that with each day, al-Qaida-linked fighters were becoming further entrenched in northern Mali, but he cautioned that a botched military operation could result in human rights abuses.


The sprawling African nation of Mali, once an example of a stable democracy, fell apart in March following a coup by junior officers. In the uncertainty that ensued, rebels including at least three groups with ties to al-Qaida, grabbed control of the nation’s distant north. The Islamists now control an area the size of France or Texas, an enormous triangle of land that includes borders with Mauritania, Algeria and Niger.


Two weeks ago, the African Union asked the U.N. to endorse a military intervention to free northern Mali, calling for 3,300 African soldiers to be deployed for one year. A U.S.-based counterterrorism official who saw the military plan said it was “amateurish” and had “huge, gaping holes.” The official insisted on anonymity because he was not authorized to speak on the matter.


Boni, in his letter, said Africa was counting on the U.N. to take decisive action.


“I need to tell you with how much impatience the African continent is awaiting a strong message from the international community regarding the resolution of the crisis in Mali. … What we need to avoid is the impression that we are lacking in resolve in the face of these determined terrorists,” he said.


The most feared group in northern Mali is al-Qaida in the Islamic Maghreb, or AQIM, al-Qaida’s North African branch, which is holding at least seven French hostages, including a 61-year-old man kidnapped last week.


On Thursday, SITE Intelligence published a transcript of a recently released interview with AQIM leader, Abu Musab Abdul Wadud, in which he urges Malians to reject any foreign intervention in their country. He warned French President Francois Hollande that he was “digging the graves” of the French hostages by pushing for an intervention.


Also on Thursday, Islamists meted out the latest Shariah punishment in northern city of Timbuktu. Six young men and women were each given 100 lashes for having talked to each other on city streets, witnesses said.


___


Associated Press writer Virgile Ahissou in Cotonou, Benin and Baba Ahmed in Bamako, Mali contributed to this report.


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Apple overcomes last hurdle, iPhone 5 cleared for sale in China as Android continues to dominate












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Large Europe majorities for assisted suicide: survey












PARIS (Reuters) – Large majorities of west Europeans favor the legalization of assisted suicide, now allowed only in four countries on the continent, according to a new survey.


In almost all the 12 countries polled, three-quarters or more of those responding to questions posed by the Swiss Medical Lawyers Association (SMLA) said people should be able to decide when and how they die.












Two-thirds to three-quarters of them said they could imagine opting for assisted suicide themselves if they suffered from an incurable illness, serious disability or uncontrollable pain.


“In practically all European countries, many signs indicate that the prevailing legal system no longer reflects the will of large parts of the population on this issue,” the SMLA said.


The results of its poll “should allow politicians to take democratic principles into account when considering legislation on these issues,” it added in its introduction to the study.


Assisted suicide is now allowed only in Belgium, Luxembourg, Netherlands and Switzerland. The German government has proposed legalizing it as long as no profit is involved while France is debating whether to allow it.


GERMANS MOST OPEN, GREEKS LEAST WILLING


In both Germany and France, the Roman Catholic and Protestant churches oppose legalizing euthanasia and argue for better palliative care to ease pain for dying patients.


The study was conducted by the Swiss pollster Isopublic in Austria, Britain, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Portugal, Spain and Sweden.


It did not survey the four European countries that allow assisted suicide, or countries in eastern Europe.


Germans were most open to letting people decide when and how they die, with 87 percent supporting the idea, and results slowly descended to Denmark’s 71 percent in 11th place.


Greece was the only exception to this strong support, with only 52 percent backing the idea of allowing assisted suicide.


Spaniards were the most willing to consider asking for help to die, with 78 percent support, followed closely by Germans (77 percent) and the French (75 percent).


In Britain, 71 percent said they might seek assisted suicide while Greece was again the most reluctant with 56 percent saying they might do so.


More than three-quarters of those polled in all countries said only doctors or trained practitioners should perform assisted suicides.


A majority of all respondents said doctors should not lose their licenses if they help a patient die. Results ranged from 84 percent in Britain to 58 percent in Greece.


GERMANS OPPOSE GOVERNMENT BILL


About 30 percent of those polled thought dying patients might occasionally be pressured by relatives or doctors into accepting assisted suicide if it is legalized. Roughly another 30 percent thought this would almost never happen.


In Germany, where the government’s bill is now being debated in parliament, 76 percent said the proposed law was wrong to ban assisted suicide if the doctor is paid for the service.


The bill would not punish those helping patients commit suicide, for example by accompanying them to Switzerland where assisted suicide has been legal since 1942.


A rise in dying foreigners – particularly from Germany, France and Britain – ending their lives there has prompted calls for tighter laws, but Zurich voters rejected in 2010 a proposed ban on what opponents called “suicide tourism”.


In the United States, assisted suicide is allowed in Oregon, Washington and Montana. Massachusetts voters narrowly defeated a proposal to legalize it there this month.


(Reporting by Tom Heneghan; Editing by Mark Heinrich)


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Palestinians celebrate U.N. victory

LOS ANGELES (Reuters) - Michael Jackson's father, Joe Jackson, has suffered a stroke but is OK and resting in a Las Vegas hospital, a family friend said on Thursday. "He was doing well and says he's feeling OK," close family friend Brian Oxman told Reuters. Oxman, Michael Jackson's one-time attorney, said the 83-year-old patriarch of the pop music family started experiencing weakness on Wednesday while walking in a park near his home and was later admitted to a hospital. Jackson has a history of strokes, Oxman said. "He was talking fine," Oxman added. "He sounded excellent to me." A former ...
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Myanmar cracks down on mine protest; dozens hurt












MONYWA, Myanmar (AP) — Security forces used water cannons and other riot gear Thursday to clear protesters from a copper mine in in northwestern Myanmar, wounding villagers and Buddhist monks just hours before opposition leader Aung San Suu Kyi was to visit the area to hear their grievances.


The crackdown at the Letpadaung mine near the town of Monywa risks becoming a public relations and political fiasco for the reformist government of President Thein Sein, which has been touting its transition to democracy after almost five decades of repressive military rule.












The environmental and social damage allegedly produced by the mine has become a popular cause in activist circles, but was not yet a matter of broad public concern. However, hurting monks — as admired for their social activism as they are revered for their spiritual beliefs — is sure to antagonize many ordinary people, especially as Suu Kyi’s visit highlights the events.


“This is unacceptable,” said Ottama Thara, a 25-year-old monk who was at the protest. “This kind of violence should not happen under a government that says it is committed to democratic reforms.”


According to a nurse at a Monywa hospital, 27 monks and one other person were admitted with burns caused by some sort of projectile that released sparks or embers. Two of the monks with serious injuries were sent for treatment in Mandalay, Myanmar’s second biggest city, a 2 ½ hour drive away. Other evicted protesters gathered at a Buddhist temple about 5 kilometers (3 miles) from the mine’s gates.


Lending further sympathy to the protesters’ cause is whom they are fighting against. The mining operation is a joint venture between a Chinese company and a holding company controlled by Myanmar’s military. Most people remain suspicious of the military, while China is widely seen as having propped up army rule for years, in addition to being an aggressive investor exploiting the country’s many natural resources.


Government officials had publicly stated that the protest risked scaring off foreign investment that is key to building the economy after decades of neglect.


State television had broadcast an announcement Tuesday night that ordered protesters to cease their occupation of the mine by midnight or face legal action. It said operations at the mine had been halted since Nov. 18, after protesters occupied the area.


Some villagers among a claimed 1,000 protesters left the six encampments they had at the mine after the order was issued. But others stayed through Wednesday, including about 100 monks.


Police moved in to disperse them early Thursday.


“Around 2:30 a.m. police announced they would give us five minutes to leave,” said protester Aung Myint Htway, a peanut farmer whose face and body were covered with black patches of burned skin. He said police fired water cannons first and then shot what he and others called flare guns.


“They fired black balls that exploded into fire sparks. They shot about six times. People ran away and they followed us,” he said, still writhing hours later from pain. “It’s very hot.”


Photos of the wounded monks showed they had sustained serious burns on parts of their bodies. It was unclear what sort of weapon caused them.


The protest is the latest major example of increased activism by citizens since the elected government took over last year. Political and economic liberalization under Thein Sein has won praise from Western governments, which have eased sanctions imposed on the previous military government because of its poor record on human and civil rights. However, the military still retains major influence over the government, and some critics fear that democratic gains could easily be rolled back.


In Myanmar’s main city of Yangon, six anti-mine activists who staged a small protest were detained Monday and Tuesday, said one of their colleagues, who asked not to be identified because he did not want to attract attention from the authorities.


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Tougher UAE Internet dissent law shuts door to free speech: HRW












DUBAI (Reuters) – The United Arab Emirates has “effectively closed the country’s remaining forum for free speech” with a decree issued earlier this month that tightened the law on online dissent, Human Rights Watch said on Wednesday.


The U.S.-allied UAE, a Gulf trading and tourism hub and big oil producer, has not seen the serious unrest that has toppled four Arab heads of state since early last year. But it has shown little tolerance of open dissent, and more than 60 members of an Islamist group have been detained since the start of the year.












The decree by President Sheikh Khalifa bin Zayed al-Nahayan imposes prison sentences for anyone who derides or caricatures the Gulf Arab country’s rulers or state institutions on the web, the state news agency WAM reported on November 12.


“The UAE’s cybercrimes decree reflects an attempt to ban even the most tempered criticism,” said Joe Stork, deputy Middle East director at Human Rights Watch.


“The determination to police and punish online dissent, no matter how mild, is incompatible with the image UAE rulers are trying to promote of a progressive, tolerant nation.”


A source close to the UAE government said on Wednesday the decree aimed to address technological advances in communications that could affect the rights and beliefs of people.


“This decree does not restrict freedom of expression, which is guaranteed by the UAE constitution,” the source said. “The decree represents an extension of legislation to cover a wide variety of potential offences in many fields, including terrorism, human trafficking, money laundering and identity theft.”


POSSIBLE PRISON TERMS


WAM said the amendments “stipulate penalties of imprisonment on any person who creates or runs an electronic website or uses any information technology medium to deride or damage the reputation or stature of the state or any of its institutions”.


This included the president, the vice president, any of the rulers of the seven emirates that make up the UAE, crown princes, deputy rulers, the national flag, the national anthem, the emblem of the state or any of its symbols.


Social networking sites have enlivened public discourse in the UAE, a major oil exporter and business hub, where state media are tightly controlled and freedom of speech restricted.


People across UAE society, from ruling family members to ministers, government supporters and dissidents, make use of sites such as Twitter and Facebook.


The amendments announced on November 12 cover a wide range of offences, including outlawing the use of the Internet for human trafficking and prostitution.


But they include jail terms for “any person publishing any information, news, caricatures or any other kind of pictures that would pose threats to the security of the state and to its highest interests or violate its public order,” said WAM.


In addition, anyone who uses the Internet “to call for demonstrations, marches and similar activities without a license being obtained in advance from the competent authorities” could also face imprisonment.


Human Rights Watch said the decree’s vaguely worded provisions provide a legal basis to prosecute and jail people who use information technology to criticize senior officials, demand political reforms or organize unlicensed demonstrations.


“Although some provisions are aimed at preventing the proliferation of racist or sectarian views online, the principal effect of the law is severe restrictions on the rights to free expression and free association and assembly,” the New York-based watchdog said.


(Reporting by Sami Aboudi; Editing by Mark Heinrich)


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