Netflix says CEO’s Facebook post triggered SEC notice

SAN FRANCISCO (Reuters) – Netflix Inc said on Thursday securities regulators warned they may bring civil action against the company and its chief executive for violating public disclosure rules with a Facebook post, in a case that raises questions about how public companies communicate on social media.

The high-profile Silicon Valley CEO, Reed Hastings, dismissed the contention and said he did not believe the Facebook post was “material” information.

Hastings wrote in the post on the company’s public Facebook page on July 3: “Netflix monthly viewing exceeded 1 billion hours for the first time ever in June.” The post was accessible to the more than 244,000 subscribers to the page.

Netflix received what is known as a Wells Notice from the U.S. Securities and Exchange Commission, which means the SEC staff will recommend the full commission pursue either a cease-and-desist action and/or a civil injunction against Netflix and Hastings over the alleged violation.

Netflix may have run afoul of the SEC’s Regulation FD, adopted in 2000, which requires public companies to make full and fair public disclosure of material non-public information.

“We think posting to over 200,000 people is very public, especially because many of my subscribers are reporters and bloggers,” Hastings said on Thursday in a letter. He also said that he did not believe the Facebook posting was “material” information.

The SEC believes that figure is material information that should have been disclosed in a press release or regulatory filing, according to Hastings’ letter.

“We remain optimistic this can be cleared up quickly through the SEC’s review process,” said Hastings in the public letter to shareholders that the online video streaming company submitted alongside a regulatory filing citing the receipt of the “Wells Notice” from the SEC.

Netflix’s stock jumped from $ 67.85 a share on July 2, the day before Hastings’ post, to $ 81.72 on July 5. On July 25 its stock fell 22 percent to $ 60.28 when the company reported second-quarter earnings fell from $ 68.2 million a year earlier to $ 6.2 million this year.

“It’s totally disingenuous to say that his statement wasn’t material when the stock went from under $ 70 a share to more than $ 80 and the only data point was that post,” said Wedbush Securities analyst Michael Pachter.

REGULATORY GREY AREAS?

But legal and securities experts say the fast-changing world of social media leaves room for regulatory grey areas.

“The evolution of social media presents the SEC with some very interesting regulatory challenges. But if they’re worried about social media, there are ways for them to address that without threatening to sue Reed Hastings. They should have a rulemaking where they can ventilate these issues,” said Joseph Grundfest, former SEC commissioner and Stanford Law School professor.

“This situation has nothing to do with the problems that Regulation FD was designed to address.”

Joseph Marrow, an attorney at the Waltham, Massachusetts law firm Morse Barnes-Brown Pendleton, said there are conflicting views on what constitutes disclosure in circumstances like this, also noting the rules are not settled in this area.

“I would not suggest companies publish material non-public information on Facebook and Twitter without discussing it before with in-house counsel. Companies are putting together social media policies,” he said.

“If Netflix doesn’t have a policy, I bet they will have one very soon,” he said, adding the issue was unlikely to be serious enough to threaten Hastings’ position as CEO of Netflix, but could result in some type of financial penalty for the company.

Netflix shares fell 1.4 percent to $ 85 in after-hours trading on Thursday.

(Reporting by Ronald Grover and Sue Zeidler in Los Angeles Additional reporting by Alexei Oreskovic and Alistair Barr in San Francisco; Editing by Dan Grebler, Phil Berlowitz and Muralikumar Anantharaman)

Social Media News Headlines – Yahoo! News

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AP Interview: Jackson, cast discuss 'The Hobbit'

WELLINGTON, New Zealand (AP) — Many fans are eagerly anticipating a return to the fictional world of Middle-earth with next week's general release of the first movie in "The Hobbit" trilogy. Director Peter Jackson and the film's stars speak to The Associated Press about making "The Hobbit: An Unexpected Journey":

— Jackson on shooting at 48 frames per second instead of the standard 24: "We've seen the arrival of iPhones and iPads and now there's a generation of kids — the worry that I have is that they seem to think it's OK to wait for the film to come out on DVD or be available for download. And I don't want kids to see 'The Hobbit' on their iPads, really. Not for the first time. So as a filmmaker, I feel the responsibility to say, 'This is the technology we have now, and it's different ... How can we raise the bar? Why do we have to stick with 24 frames? ...'"

"The world has to move on and change. And I want to get people back into the cinema. I want to play my little tiny role in encouraging that beautiful, magical, mysterious experience of going into a dark room full of strangers, and being transported into a piece of escapism."

— Martin Freeman (Bilbo Baggins) on shooting some scenes without other actors around: "I must admit I found the green screen and all that easier than I thought I would. ... I found the technical aspect of it quite doable. Some of it's difficult, but it's quite enjoyable, actually. It taps into when I used to play 'war' as a 6-year-old. And the Germans were all imaginary. Because I was playing a British person. So yeah, I was on the right side. ..."

On marrying his performance to that of Ian Holm, who played an older Bilbo Baggins in the "Lord of the Rings" trilogy: "I knew I couldn't be a slave to it. Because as truly fantastic as Ian Holm is in everything, and certainly as Bilbo, I can't just go and do an impression of Ian Holm for a year and a half. Because it's my turn. But it was very useful for me to watch and listen to stuff he did, vocal ticks or physical ticks, that I can use but not feel hamstrung by."

— Hugo Weaving (Elrond) on the differences in tone to the "Rings" trilogy: "This one feels lighter, more buoyant, but it's got quite profoundly moving sequences in it, too ... I think it's very different in many ways, and yet it's absolutely the same filmmaker, and you are inhabiting the same world."

— Elijah Wood (Frodo) on returning to Middle-earth in a cameo role: "It was a gift to come back ... what they'd constructed was such a beautiful remembrance of the characters from the original trilogy."

— Cate Blanchett (Galadriel) on the toughest part of filming: "Trying to keep my children off the set."

— Richard Armitage (Thorin Oakenshield) on being a 6-foot-2 guy playing a dwarf: "It's amazing how quickly you get used to it. And also, we spent most of the shoot much bigger than a 6-foot-2 guy. I mean, I had lifts in my shoes, I was wider, I was taller, and bigger-haired. And I actually think that was quite an interesting place to be, because I do think dwarfs have big ideas about themselves ..."

— Andy Serkis (Gollum) on taking on the additional role of second-unit director: "There were only a couple of times where there were really, really black days where I went away thinking, 'This is it. I can't do it.' But on the whole, Pete (Jackson) was so brilliant at allowing me to set stuff up and then critiquing my work ... but at least I would have my stab at it."

On the film itself: "I think it's a great story. I think it's a beautifully crafted film with great heart. A rollicking adventure, and it feels to me like this really massive feast that everyone will enjoy eating."

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Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

___(equals)

Johnson can be reached at https://twitter.com/GeneAPseattle

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Strong earthquake hits off NE Japan

TOKYO (Reuters) - A strong quake centered off northeastern Japan shook buildings as far away as Tokyo on Friday and triggered a one-meter tsunami in an area devastated by last year's Fukushima disaster, but there were no reports of deaths or serious damage.

The quake had a preliminary magnitude of 7.3, the U.S. Geological Survey said, and thousands of coastal residents were ordered to evacuate to higher ground, but the tsunami warning was lifted two hours after the tremor struck.

The March 2011 earthquake and following tsunami killed nearly 20,000 people and triggered the world's worst nuclear crisis in 25 years when the Fukushima-Daiichi nuclear plant was destroyed, leaking radiation into the sea and air.

Workers at the plant were ordered to move to safety after Friday's quake. Tokyo Electric Power Co, the operator of the Fukushima nuclear plant, reported no irregularities at its nuclear plants.

All but two of Japan's 50 nuclear reactors have been idled since the Fukushima disaster as the government reviews safety.

The quake measured a "lower 5" in Miyagi prefecture on Japan's scale of one to seven, meaning there might be some damage to roads and houses that are less quake resistant.

The scale measures the amount of shaking and in that sense gives a better idea of possible damage than the magnitude. The quake registered a 4 in Tokyo

The one-meter tsunami hit at Ishinomaki, in Miyagi, at the centre of the devastation from the March 2011 disaster. All Miyagi trains halted operations and Sendai airport, which was flooded by the tsunami last year, closed its runway.

Five people in the prefecture were slightly injured.

"I was in the centre of the city the very moment the earthquake struck. I immediately jumped into the car and started running away towards the mountains. I'm still hiding inside the car," said Ishinomaki resident Chikako Iwai.

"...I have the radio on and they say the cars are still stuck in the traffic. I'm planning to stay here for the next couple of hours."

There are vast areas of Ishinomaki that still have not been cleaned up since last year's tsunami. Many houses lie in ruins, full of rubble. Workers by the shore still sort through thousands of cars that were swamped and destroyed. The cars are piled up and being taken apart for parts and scrap.

A QUAKE EVERY FIVE MINUTES

Narita airport outside Tokyo was back in action after a brief closure for safety checks. There were small tsunamis, measuring in the centimeters, elsewhere near the epicenter.

Last year's quake, which measured 9.0, triggered fuel-rod meltdowns at Fukushima, causing radiation leakage, contamination of food and water and mass evacuations. Much of the area is still deserted.

The government declared in December that the disaster was under control.

"Citizens are now escaping to designated evacuation centers and moving to places on higher ground," office worker Naoki Ara said in Soma, 30 km (18 miles) from the Fukushima-Daiichi plant.

Prime Minister Yoshihiko Noda cancelled campaigning in Tokyo ahead of a December 16 election and was on his way back to his office, but there was no immediate plan to hold a special cabinet meeting.

Public spending on quake-proofing buildings is a big election issue.

Japanese were posting photos of their TV screens with tsunami warnings on Facebook, asking each other whether they're safe, confirming their whereabouts.

"It shook for a long time here in Tokyo, are you guys all right?" posted Eriko Hamada, enquiring about the safety of her friends.

Phone lines were overloaded and it was difficult to contact residents of Miyagi.

"Owing to the recent earthquake, phone lines are very busy, please try again later," the operator said.

The yen rose against the dollar and the euro on the news, triggering some safe-haven inflows into the Japanese currency.

Japan is one of the world's most earthquake-prone countries, with a tremor occurring at least every five minutes.

Located in the "Ring of Fire" arc of volcanoes and oceanic trenches partly encircling the Pacific Basin, the country accounts for about 20 percent of the world's earthquakes of magnitude 6.0 or greater.

Tokyo, with a population of 12 million, sits on the junction of four tectonic plates: the Eurasian, North American, Philippine and Pacific. The sudden bending or breaking of any plate can trigger an earthquake.

(Additional reporting by Tomasz Janowski, Leika Kihara and Aaron Sheldrick; Writing by Nick Macfie; Editing by Ken Wills)

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Former Thai PM faces murder charge from protests

BANGKOK (AP) — Thai law enforcement authorities announced Thursday that they will file murder charges against former Prime Minister Abhisit Vejjajiva and his deputy in the first prosecutions of officials for their roles in a deadly 2010 crackdown on anti-government protests.

The protests and crackdown left more than 90 people dead and about 1,800 injured in Thailand's worst political violence in decades. Abhisit's Democrat Party, ousted in elections last year, and "red shirt" supporters of the ruling Pheu Thai Party have blamed each other for the bloodshed since.

Department of Special Investigation chief Tharit Phengdit said Thursday that investigators found Abhisit possibly culpable in the death of a taxi driver because he allowed troops to use war weapons and live ammunition against protesters.

Abhisit and former Deputy Prime Minister Suthep Thaugsuban, who was in charge of the ad hoc security agency set up to contain the protests, will be summoned to the DSI office on Dec. 12 to be formally charged. Abhisit is currently leader of the opposition as head of the Democrat Party.

The courts must accept the case before it can go to trial.

Democrat Party spokesman Chavanond Intarakomalyasut called the decision "an abuse of government's power to threaten its opponents." He noted that it was done while parliament is in recess so the two men's immunity from arrest is lifted.

Tharit denied that the decision is politically motivated and said the case is significant "for society because the deaths were inflicted by an act of government officers."

The deaths occurred during the red shirts' nine-week anti-government protest in the heart of the capital that had sought to force Abhisit to call early elections. Central Bangkok was garrisoned by soldiers until they moved in to crush the protest on May 19, 2010.

The protest was staged primarily by supporters of former Prime Minister Thaksin Shinawatra, who was ousted by a 2006 military coup after being accused of corruption and disrespect to the monarchy. His supporters and opponents have vied for power since then, and Thaksin's sister Yingluck Shinawatra was elected prime minister last year.

A Criminal Court inquest recently found that taxi driver Phan Kamkong was killed by guns used by military personnel during the crackdown.

Chavanond alleged that the inquest was a one-sided trial in which the accused could not defend themselves, and added that no one was pinpointed as the shooter.

He insisted the security body set up to contain the protests issued no order to use force against or kill civilians, only to keep order in dealing with "black shirts," armed men who served as guards for the demonstrators.

"To use the court's inquest to conclude that the two men had the intention of murder was groundless and against the law," Chavanond said.

He said both Abhisit and Suthep "are ready to prove their innocence," and that "those who brought up false charges will have to take responsibility."

DSI chief Tharit said factors leading to the planned charges include the continuing use of force over an extended period of time, and the killing of civilians without resorting to other methods of controlling protesters.

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Individuality takes center stage at Grammys

Fun. helped break up the sound of dance and electronic music on Top 40 radio with its edgy pop-rock grooves. Frank Ocean made a bold statement in R&B — with an announcement about his sexuality and with his critically revered, multi-genre album, "channel ORANGE." And Mumford & Sons continued to bring its folk-rock swag and style to the Billboard charts with its sophomore album.

They all were rewarded Wednesday when The Recording Academy announced the nominees for the 2013 Grammy Awards.

Those acts, who scored the most nominations with six each, were joined by typical Grammy contenders like Jay-Z and Kanye West, who also got six nominations. The Black Keys' drummer, Dan Auerbach, is also up for six awards, thanks to his nomination for producer of the year. His band earned five nods, along with R&B singer Miguel and jazz pianist Chick Corea.

"It feels like alternative music is back," said fun. guitarist Jack Antonoff. His band's gold-selling "Some Nights" is up for album of the year, competing with Black Keys' "El Camino," Mumford & Sons' "Babel," Jack White's "Blunderbuss" and "channel ORANGE," the major label debut from Ocean.

Fun. is nominated in all of the major categories, including best new artist, and record and song of the year for its breakthrough anthem "We Are Young."

Ocean, whose mother attended the nominations special, scored nods in three of the top four categories. His song "Thinkin Bout You" — which he originally wrote for another singer — will compete for record of the year with Black Keys' "Lonely Boy" and four No. 1 hits: Taylor Swift's "We Are Never Ever Getting Back Together," ''Somebody I Used to Know" by Gotye and Kimbra, Kelly Clarkson's "Stronger (What Doesn't Kill You)" and "We Are Young" by fun.

Song of the year, too, features some No. 1 hits, including fun. and Clarkson's jams, as well as Carly Rae Jepsen's viral smash "Call Me Maybe." But then there's Ed Sheeran's "The A Team," a slow groove about a homeless prostitute, and Miguel's "Adorn," the R&B singer-songwriter's crossover hit.

"It's like one of those songs that wrote itself and I was the vessel," the 26-year-old said in an phone interview from New York City late Wednesday, where he performed with Trey Songz and Elle Varner.

While Miguel's excited to compete for song of the year, he's more thrilled about his sophomore album's nomination for best urban contemporary album, a new category that recognizes R&B albums with edge and multiple sounds.

"That's a huge complement to say that your entire body of work was the best of the year," he said of "Kaleidoscope Dream." ''That's the one that means the most to me. I'm really hoping maybe, just maybe."

Miguel, along with Gotye, Alabama Shakes and the Lumineers, is part of the pack of nominees who have showcased individuality and have marched to the beat of their own drum in today's music industry.

Though nominated albums by The Black Keys and Mumford & Sons are platinum-sellers, their songs are not regularly heard on Top 40 radio. Electronic and dance music, which has dominated radio airplay for a few years, were left out of the top awards this year. Also, One Direction — the boy band that released two top-selling albums this years and sold-out many arenas — was snubbed for best new artist.

Lionel Richie has one of the year's top-selling albums with his country collaboration collection, "Tuskegee," but he didn't earn any nominations. And Nicki Minaj, who released a gold-selling album this year and had a hit with "Starships," wasn't nominated for a single award.

Jay-Z and West dominated the rap categories, a familiar refrain at the Grammys. Nas scored four nominations, including best rap album for "Life Is Good." Jeff Bhasker, the producer behind fun.'s breakthrough album, also scored four nods.

Swift, who released her latest album, "Red," after the Grammy eligibility date, still scored three nominations, including two for "Safe & Sound" with The Civil Wars. Country acts were mainly left out of the major categories this year, though the genre usually has success at the Grammys. Aside from Swift's pop song competing for record of the year, there is 21-year-old Hunter Hayes, who is up for best new artist against fun., Ocean, Alabama Shakes and the Lumineers.

"I'm so proud to be, as you say, representing country music in the new artist category," said Hayes, who is also nominated for best country album and country solo performance. "I don't even feel worthy of saying that, but it's so cool for me to be able to say that."

Swift hosted the CBS special with LL Cool J and it featured performances by The Who and Maroon 5, who received multiple nominations.

The five-year-old nominations show spent its first year outside Los Angeles, making its debut in Nashville, Tenn., at the Bridgestone Arena. It marked the largest venue the show has been held in.

The 55th annual Grammy Awards take place Feb. 10 in Los Angeles.

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Online:

http://www.grammys.com

___

AP Music Writer Chris Talbott and AP Writer Caitlin R. King in Nashville contributed to this report.

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Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

___(equals)

Johnson can be reached at https://twitter.com/GeneAPseattle

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Washington fears 'desperate' Assad could use chemical arms

BEIRUT (Reuters) - Western powers are whipping up fears of a fateful move to the use of chemical weapons in Syria's civil war as a "pretext for intervention", President Bashar al-Assad's deputy foreign minister said on Thursday.

He spoke as Germany's cabinet approved stationing Patriot anti-missile batteries on Turkey's border with Syria, a step requiring deployment of NATO troops that Syria fears could permit imposition of a no-fly zone over its territory.

"Syria stresses again, for the tenth, the hundredth time, that if we had such weapons, they would not be used against its people. We would not commit suicide," Faisal Maqdad said.

U.S. President Barack Obama and other NATO leaders have warned that using chemical weapons would cross a red line and "there would be consequences". Assad would probably lose vital diplomatic support from Russia and China that has blocked military intervention in the 20-month-old uprising that has claimed more than 40,000 lives.

Maqdad said Western reports that the Syrian military was preparing chemical weapons for use against rebel forces trying to close in on the capital Damascus were simply "theatre".

"In fact, we fear a conspiracy ... by the United States and some European states, which might have supplied such weapons to terrorist organizations in Syria, in order to claim later that Syria is the one that used these weapons," he said on Lebanon's Al Manar television, the voice of Hezbollah.

"We fear there is a conspiracy to provide a pretext for any subsequent interventions in Syria by these countries that are increasing pressure on Syria."

UNCONTROLLABLE

Exactly what Syria's army has done with suspected chemical weapons to prompt a surge of Western warnings is not clear. Reports citing Western intelligence and defense sources are vague and inconsistent.

The perceived threat may be discussed in Dublin on Thursday when Russian Foreign Minister Sergei Lavrov and U.S. Secretary of State Hillary Clinton meet international Syria mediator Lakhdar Brahimi to try to put a U.N. peace process for Syria back on track.

The talks come ahead of a meeting of the Western-backed "Friends of Syria" group in Marrakech next week which is expected to boost support for rebels fighting to overthrow Syrian President Bashar al-Assad.

Brahimi wants world powers to issue a U.N. Security Council resolution calling for a transitional administration.

In addition to the possible use of chemical bombs by "an increasingly desperate" Assad, Clinton said Washington was concerned about the government losing control of such weapons to extreme Islamist armed groups among the rebel forces.

The United States is considering blacklisting one group suspected of ties to al Qaeda. U.S. officials confirmed that Jabhat al-Nusra, an influential rebel group accused of indiscriminate tactics that has advocated an Islamic state in Syria, was under review for blacklisting.

An explosion in front of the Damascus headquarters of the Syrian Arab Red Crescent killed at least one person on Thursday, Syrian state television said.

It blamed "terrorists from al Qaeda" -- a term often employed to refer to rebel forces.

Meanwhile, activists said the army pummeled several eastern suburbs of Damascus, where the rebels are dominant, with artillery and mortar fire. The suburbs have also been cut off from the city's water and electricity for weeks, rebels say, accusing the government of collective punishment.

COLLAPSE

Assad responded to past warnings about chemical weapons by taking steps to secure them, according to Israel's vice prime minister Moshe Yaalon.

"There is speculation that the chemical arsenal will fall into the hostile and irresponsible hands of the likes of al Qaeda or other terrorist groups. In the past, clear messages were relayed to Assad on a number of occasions, and in response Assad in fact gathered up the weaponry and separated the materials," Yaalon said on Wednesday.

Rebels say they have surrounded an air base 4 km (2-1/2 mikes) from the center of Damascus, a fresh sign the battle is closing in on the Syrian capital.

Maqdad, in his interview on Thursday, argued that reports of such advances were untrue: "What is sad is that foreign countries believe these repeated rumors."

But residents inside the capital say that the sound of shelling on the outskirts has become a constant backdrop and many fear the fight will soon come to Damascus.

The Western military alliance's decision to send U.S., German and Dutch Patriot missile batteries to help defend the Turkish border would bring European and U.S. troops to Syria's frontier for the first time in the 20-month-old civil war.

The actual deployment could take several weeks.

"Some countries now are now supplying Turkey with missiles for which there is no excuse. Syria is not going to attack the Turkish people," Maqdad said.

But a veteran Turkish commentator, Cengiz Candar of the Radikal newspaper, said Ankara fears Syria's 500 short-range ballistic missiles could fall into the wrong hands.

The government is "of the view that Syria was not expected to use them against Turkey, but that there was a risk of these weapons falling into the hands of 'uncontrolled forces' when the regime collapses", he wrote.

(Writing by Douglas Hamilton; Editing by Giles Elgood)

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Death toll from Philippine typhoon passes 280

NEW BATAAN, Philippines (AP) — Stunned parents searching for missing children examined a row of mud-stained bodies covered with banana leaves while survivors dried their soaked belongings on roadsides Wednesday, a day after a powerful typhoon killed more than 280 people in the southern Philippines.

Officials fear more bodies may be found as rescuers reach hard-hit areas that were isolated by landslides, floods and downed communications.

At least 151 people died in the worst-hit province of Compostela Valley when Typhoon Bopha lashed the region Tuesday, including 78 villagers and soldiers who perished in a flash flood that swamped two emergency shelters and a military camp, provincial spokeswoman Fe Maestre said.

About 80 people survived the deluge in New Bataan town with injuries, but between 50 and 319 others remain missing, according to varying estimates by government officials and the army.

The farming town of 45,000 people was a muddy wasteland of collapsed houses and coconut and banana trees felled by Bopha's ferocious winds.

On a roadside, dozens of mud-stained bodies were laid side-by-side, covered by cloth and banana leaves and surrounded by villagers. A man sprayed insecticide on the remains to keep away swarms of flies.

A father wept when he lifted a plastic cover and found the body of his child. A mother, meanwhile, went away in tears, unable to find her missing children. "I have three children," she said repeatedly, flashing three fingers before a TV cameraman.

Interior Secretary Mar Roxas, who visited the devastated town, said a day of searching by soldiers and volunteers did not turn up any of the 319 people reported missing in New Bataan.

"These were whole families among the registered missing," Roxas told the ABS-CBN TV network. "Entire families may have been washed away."

In nearby Davao Oriental, the coastal province first struck by the typhoon as it blew inland from the Pacific Ocean, at least 115 people perished, mostly in three towns that were so battered that it was hard to find any buildings with roofs remaining, provincial officer Freddie Bendulo and other officials said.

"We had a problem where to take the evacuees. All the evacuation centers have lost their roofs," Davao Oriental Gov. Corazon Malanyaon said.

Disaster-response agencies reported 13 other typhoon-related deaths elsewhere.

Unlike the previous day's turbulent weather, the sun was shining brightly Wednesday, prompting residents to lay their soaked clothes, books and other belongings out on roadsides to dry and revealing the extent of the damage to farmland. Thousands of banana trees in one Compostela Valley plantation were toppled by the wind, the young bananas still wrapped in blue plastic covers.

After slamming into Davao Oriental and Compostela Valley, Bopha roared quickly across the southern Mindanao and central regions, knocking out power in two entire provinces, triggering landslides and leaving houses and plantations damaged. More than 170,000 fled to evacuation centers.

The typhoon, one of the strongest to hit the country this year, had blown past southwestern Palawan province into the South China Sea by midday Wednesday and could head to either Vietnam or southern China, according to government forecasters.

The deaths came despite efforts by President Benigno Aquino III's government to force residents out of high-risk communities as the typhoon approached.

Some 20 typhoons and storms lash the northern and central Philippines each year, but they rarely hit the vast southern Mindanao region.

A rare storm in the south last December killed more than 1,200 people and left many more homeless.

The United States extended its condolences and offered to help its Asian ally deal with the typhoon's devastation. It praised government efforts to minimize the deaths and damage.

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Associated Press writers Jim Gomez, Teresa Cerojano and Oliver Teves in Manila contributed to this report.

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Software guru McAfee says to seek asylum in Guatemala

GUATEMALA CITY (Reuters) – U.S. anti-virus software guru John McAfee, who is on the run from police in Belize seeking to question him in a murder probe, has crossed into Guatemala and said on Tuesday he will seek political asylum there.

McAfee has been in hiding for three weeks since police in Belize said they wanted to question him as “a person of interest” about the murder of fellow American Gregory Faull, with whom McAfee had quarreled.

McAfee smuggled himself and his girlfriend, Samantha, across the porous land border that Belize shares with Guatemala. He stayed at a hotel in a national park before heading for Guatemala City on Monday evening.

“I have no plans much for the future now. The reason I chose Guatemala is two-fold,” McAfee told Reuters by telephone from Guatemala’s Supreme Court, flanked by his lawyer, former attorney general and lawyer Telesforo Guerra.

“It is a country bordering Belize, it is a country that understands the corruption within Belize and most importantly, the former attorney general of the country is Samantha’s uncle and I knew that he would assist us with legal proceedings.”

McAfee has denied involvement in the murder and told Reuters on Monday he would not turn himself in. He posted repeatedly on his blog www.whoismcafee.com while on the run, describing how he would constantly change his disguise to elude capture.

On Tuesday, he appeared with his hair and goatee died black, and wearing a dark suit and tie – a far cry from the surfer-style blonde hair highlights, shorts and tribal-tattooed bare shoulders he sported in Belize.

“(Guerra) is now attempting to get political asylum for myself and for Sam. I don’t think there will be much of a problem. From here I can speak freely and safely,” McAfee said.

TECH GENIUS, “BONKERS”

McAfee says he believes authorities in Belize would kill him if he turned himself in for questioning. Belize’s prime minister has denied the claim and called the 67-year-old paranoid and “bonkers.”

On the Caribbean island of Ambergris Caye, where McAfee has lived for about four years, residents say he is eccentric, impulsive, erratic and at times unstable, with a penchant for guns and young women.

He would often be seen with armed bodyguards, pistols tucked into his belt, and McAfee’s neighbor had complained about the loud barking of dogs that guarded his exclusive beachside compound.

His run-in with authorities in Belize is a world away from a successful life in the United States, where he started McAfee Associates in 1989 and made millions of dollars developing the Internet anti-virus software that carries his name.

There was already a case against McAfee in Belize for possession of illegal firearms, and police had previously raided his property on suspicion he was running a lab to make illegal synthetic narcotics.

McAfee says he has been persecuted for refusing to donate money to politicians, that he loves Belize, and considers it his home.

Guatemala is a canny choice to seek refuge. It has long been embroiled in a territorial dispute with Belize. Guatemala claims the southern half of Belize and all of its islands, or cayes, rightfully belong to it. There is no extradition treaty between the two countries.

A Guatemalan government source said there was “no reason” to detain McAfee because there was no legal case against him pending in the country.

Harold Caballeros, Guatemala’s foreign minister, said his government was unaware of any arrest warrant and would study McAfee’s asylum request once presented, saying its success would “depend on the arguments.”

Guerra told Reuters McAfee would return to Belize once his situation in Guatemala was made legal, citing the fact he had crossed into the country illegally to avoid capture by police in Belize.

“He can go to the United States, there is no problem with that,” he added. “We have asked the U.S. embassy for support with our (asylum) request.”

He said the asylum request would be formally presented on Wednesday.

The U.S. Embassy in Guatemala City said in a statement McAfee would have to work within the country’s legal framework, but declined to elaborate. “The embassy does not comment on the actions of American citizens, due to privacy considerations.”

(Reporting by Simon Gardner and Gabriel Stargardter; Editing by Kieran Murray and Eric Walsh)

Internet News Headlines – Yahoo! News

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