Obama: "No doubt" Congress will pass immigration, gun bills




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Obama: "No doubt" gun, immigration bills will pass in coming months



There's more bipartisan support in Congress for comprehensive immigration reform than gun control legislation, President Obama said tonight during an interview with Univision, but qualified that even under his proposal, illegal immigrants shouldn't be harboring expectations that they'll be granted citizenship "manana."

"Even under our proposal, this is not a situation where overnight, suddenly people all find themselves as citizens," Mr. Obama told the Spanish-language television network. "They're going to have to go to the back of the line. We're going to have to clear out the existing line, backlogs we have in terms of illegal immigrants, because they did it the right way. We shouldn't punish them for breaking the law.

"...What we don't want to do is to create some vague prospect in the future that somehow comprehensive immigration reform that includes a pathway to citizenship will happen manana," he continued, chuckling softly at the somewhat awkward injection of the Spanish word for "tomorrow." "But we have to put that in place at the outset, and make sure people are clear that this pathway is real and not just a fantasy for the future."

Asked whether he was in a standoff with Sen. Marco Rubio, R-Fla., the son of Cuban immigrants who has said he will not support a bill that does not put border control ahead of a path to citizenship, Mr. Obama said no, but pointed out that the number of people crossing the border illegally has dropped "about 80 percent since 2000."


On Tuesday, the president delivered a speech in Las Vegas outlining his immigration plan and applauding a bipartisan group of eight senators that has offered up proposals as well. In an interview today with another Spanish language network, Telemundo, he specified that he's hoping immigration reform that includes a pathway to citizenship can be passed in the next six months, but "certainly this year."

Meanwhile, despite facing more resistance from the right on tightening gun laws, he said he has "no doubt" that Congress will be able to put through legislation on gun control, as well as immigration.




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Obama: Legalization for illegal immigrants won't happen "ma?ana"



"On the gun issue, you're starting to see gun owners, people who traditionally have opposed gun control, saying, 'You know what, when 20 of our children are shot by somebody who is disturbed, and when it is that easy to get these high-clip magazines that can fire off hundreds of shots in a few minutes, then it's time for us to do better job on background checks, to get control of these magazine clips, to really crack down on gun trafficking," Mr. Obama said in the Univision interview.

The Senate Judiciary Committee today held the first congressional hearing on gun violence since last month's massacre at a Newtown, Conn., elementary school, that left 20 children and six adults dead. Star witnesses included former Rep. Gabrielle Giffords, D-Ariz., who survived a shot to the head two years ago during an assassination attempt that left six people dead, and her husband on one side, and NRA CEO Wayne LaPierre on the other.

Both gun control and immigration "will end up generating some opposition," the president said. "There will be passions on both sides. But I'm generally encouraged that the Senate seems to be having a serious conversation about these issues."

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Former Police Captain Cleared of Ex-Wife's Murder













A former Ohio police captain has been cleared in the murder of his ex-wife and released from prison, where he had been for 15 years -- but prosecutors say they plan to appeal the ruling.


"I'm just a jumble of emotions and I just can't wait to hug all of my family," Douglas Prade told reporters outside the prison when he was released Tuesday afternoon, according to ABC News' Cleveland affiliate WEWS-TV.


He thanked "all of the people that supported me and communicated with me and told me to keep my spirits up."


Prade's ex-wife, Dr. Margo Prade, 41, was found shot to death in her minivan outside of her medical practice in November 1997.


Douglas Prade was an Akron, Ohio, police captain at the time.


At trial, he was convicted on murder and wiretapping charges and sentenced to life in prison.


Prade, now 66, maintained his innocence and, eventually, the Ohio Innocence Project took up his cause and petitioned for his release or a new trial based on new DNA testing.


One of the key factors in Prade's conviction was a bite mark found on Margo Prade's body. The prosecution brought in an expert that testified the bite mark came from Douglas Prade.






Phil Masturzo/Akron Beacon Journal/AP Photo











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The Ohio Innocence Project commissioned a new DNA test that was not available at the time of the trial. The test found that the DNA around the bite was not Douglas Prade's.


Summit County Court of Common Pleas Judge Judy Hunter ruled that Prade should be set free because the new DNA results were "clear and convincing" in Prade's favor, according to the Associated Press.


Prosecutor Sherri Walsh is strongly disputing the new DNA evidence.


"This is a gross misapplication of the law, and we will be appealing Prade's exoneration. The defendant had to present new evidence so convincing that no juror would have found him guilty, and he failed to do so," Walsh said in a statement. "The DNA evidence presented by the Ohio Innocence Project on behalf of Prade is contaminated and unreliable. It does not prove innocence."


Walsh said that all evidence points to Prade as the person who killed Margo Prade.


"He was a serial stalker," Walsh said. "He tapped her phones and recorded more than 400 of her personal calls. He had verbally abused and threatened her. And we know Margo was afraid of him."


Other evidence includes Prade's handwritten tally of the bills he owed subtracted from the life insurance money he'd get if his wife died, Walsh said. Two witnesses placed him at the murder scene.


"We have not seen any credible evidence that suggests innocence, and we are taking all available actions to keep a dangerous killer off the streets," Walsh said.


Margo Prade's family is also upset by the decision.


"I feel like my life is in danger and my family's life is in danger now," Margo Prade's nephew Tony Fowler told the AP. "[Dr. Prade and her mother] are probably turning over in their graves but God will have the final say."


Alison McCarty, the former prosecutor on the case, told WEWS she respected the court's decision, but emphasized that the case is not yet closed.


"[Margo Prade] was such a superstar and it was just such a tremendous loss, and her death still needs justice," McCarty said.


The state has 30 days to file a motion in the court of appeals requesting permission to appeal the decision for a new trial.



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French troops deployed in last Mali rebel strongholds


DOUENTZA, Mali/PARIS (Reuters) - French troops seized the airport in Mali's northern town of Kidal, the last urban stronghold held by Islamist insurgents, as they moved to wrap up the first phase of a military operation to wrest northern Mali from rebel hands.


France has deployed some 4,500 troops in a three-week ground and air offensive to break the Islamist rebels' 10-month grip on major northern towns. The mission is aimed at heading off the risk of Mali being used as a springboard for jihadist attacks in the wider region or Europe.


The French military plans to gradually hand over to a larger African force, tasked with rooting out insurgents in their mountain redoubts near Algeria's border.


Defense Minister Jean-Yves Le Drian said French forces using planes and helicopters defied a sandstorm late on Tuesday to capture the airport but had been prevented by the bad weather from entering the town itself.


"The terrorist forces are pulling back to the Adrar des Ifoghas mountains which are difficult to access," Le Drian told a news conference. "There is support from Chadian and Nigerian troops coming from the south."


The deployment of French troops to remote Kidal puts them in direct contact with pro-autonomy Tuareg MNLA rebels, whose rebellion last year was hijacked by the Islamist radicals. Le Drian said France had established good relations with local Tuareg chieftains before sending in troops.


MNLA leaders say they are ready to fight al Qaeda but many Malians, including the powerful military top brass in the capital Bamako, blame them for the division of the country. They view Paris' liaisons with the Tuaregs with suspicion.


French and Malian troops retook the major Saharan trading towns of Gao and Timbuktu at the weekend.


There were fears that many thousands of priceless ancient manuscripts held in Timbuktu, a UNESCO World Heritage site, might have been lost during the rebel occupation, but experts said the bulk of the texts were safe.


The United States and European governments strongly support the Mali intervention and are providing logistical and surveillance backing but do not intend to send combat troops.


The MNLA rebels, who want greater autonomy for the desert north, said they had moved fighters into Kidal after Islamists left the town earlier this week.


"For the moment, there is a coordination with the French troops," said Moussa Ag Assarid, the MNLA spokesman in Paris.


A spokesman for the Malian army said its soldiers were securing Gao and Timbuktu and were not heading to Kidal.


The MNLA took up arms against the Bamako government a year ago, seeking to carve out a new independent desert state.


After initially fighting alongside the Islamists, by June they had been forced out by their better armed and financed former allies, who include al Qaeda North Africa's wing, AQIM, a splinter wing called MUJWA and Ansar Dine, a Malian group.


RISK OF ATTACKS, KIDNAPPINGS


As the French wind up the first phase of their offensive, doubts remain about just how quickly the U.N.-backed African intervention force can be fully deployed in Mali to hunt down the retreating al Qaeda-allied insurgents. Known as AFISMA, the force is now expected to exceed 8,000 troops.


Foreign Minister Laurent Fabius said France's military operation, codenamed Serval (Wildcat), was planned as a lightning mission lasting a few weeks.


"Liberating Gao and Timbuktu very quickly was part of the plan. Now it's up to the African countries to take over," he told the Le Parisien daily. "We decided to put in the means and the necessary number of soldiers to strike hard. But the French contingent will not stay like this. We will leave very quickly."


One French soldier has been killed in the mission, and Fabius warned that things could now get more difficult, as the offensive seeks to flush out insurgents with experience of fighting in the desert from their wilderness hideouts.


"We have to be careful. We are entering a complicated phase where the risks of attacks or kidnappings are extremely high. French interests are threatened throughout the entire Sahel."


An attack on the In Amenas gas plant in Algeria earlier this month by Islamist fighters opposing the French intervention in Mali led to the deaths of dozens of foreign hostages and raised fears of similar reprisal strikes across North and West Africa.


NEED FOR RECONCILIATION


The French operation has destroyed the Islamists' training camps and logistics bases but analysts say a long term solution for Mali hinges on finding a political settlement between the northern communities and the southern capital Bamako.


Interim President Dioncounda Traore said on Tuesday his government would aim to hold national elections on July 31. Paris is pushing strongly for Traore's government to hold talks with the MNLA, which has dropped its claims for independence.


"The Malian authorities must begin without delay talks with the legitimate representatives of the northern population and non-terrorist armed groups that recognize Mali's integrity," French Foreign ministry spokesman Philippe Lalliot said.


After months of being kept on the political sidelines, the MNLA said they were in contact with West African mediators who are trying to forge a national settlement to reunite Mali.


"We reiterate that we are ready to talk with Bamako and to find a political solution. We want self-determination, but all that will be up to negotiations which will determine at what level both parties can go," Ag Assarid said.


There have been cases in Gao and Timbuktu and other recaptured towns of reprisal attacks and looting of shops and residences belonging to Malian Tuaregs and Arabs suspected of sympathizing with the MNLA and the Islamist rebels.


(Additional reporting John Irish and Emmanuel Jarry in Paris, David Lewis and Pascal Fletcher in Dakar; Writing by David Lewis and Daniel Flynn; Editing by Pascal Fletcher and Rosalind Russell)



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S. Korea warns North against nuclear test






SEOUL: South Korean President Lee Myung-Bak held an emergency security meeting Thursday that warned North Korea of "serious consequences" if it went through with an expected nuclear test.

The meeting at the presidential Blue House included the defence minister, National Intelligence Service chief and the national security advisor.

A statement issued afterwards said Lee had insisted on a strengthened defence posture, given Pyongyang's apparent desire to take advantage of the ongoing leadership transition in the South.

Lee will be formally replaced as president by the newly elected Park Geun-Hye on February 25.

"The government urges North Korea to immediately stop all provocative statements and actions and abide by international obligations including UN Security Council resolutions," the statement said.

"If the North miscalculates and commits a provocative act again, it would face various serious consequences", it added.

North Korea has threatened to carry out its third nuclear test in response to UN sanctions imposed on Pyongyang for its long-range rocket launch in December.

It has also warned of "physical counter-measures" against the South if Seoul "directly participates" in the UN sanctions.

North Korea said its rocket launch was a scientific mission aimed at placing a satellite in orbit, but most of the world saw it as a disguised ballistic missile test. South Korea staged a satellite launch on Wednesday.

After North Korea's rocket launch, the UN Security Council adopted a resolution, expanding sanctions imposed on the country after its nuclear tests in 2006 and 2009.

-AFP/fl



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Foursquare reveals the 'best of' based on 3 billion check-ins



Want to know where to get the best Tex-Mex in Austin? Or how about the locals' favorite bookstore in San Francisco? Well, Foursquare will let you know what it thinks.

The check-in social network rolled out its "best of" guide today based on more than 3 billion member check-ins and tens of millions user tips, likes, and dislikes. The guide shows the top places that users checked into in 2012 in 30 cities across the U.S., such as New York, Atlanta, and Honolulu.

"There are plenty of lists of great places out there -- some are curated by editors, some by food critics, and others by people with really strong opinions about brisket," Foursquare wrote in a blog post today. "Here at Foursquare, our approach to figuring out the best places is a little different: we've analyzed our billions of check-ins and put together lists of places that people love most, based on where they've actually been."

The social network has more than 30 million members all of which have opinions and preferences for where they go drinking, which museums they frequent, and which parks are the best for relaxing.

"One of the things our data shows is how each city is unique," Foursquare wrote, "Bostonians love seafood, Portland is a veggie paradise, and Philly may be the city of brotherly love, but what they really love is a good sandwich."

By the way, according to Foursquare users, Chuy's is said to serve up Austin's best Tex-Mex and Green Apple Books is San Francisco's most beloved bookstore.

Foursquare is continuing to morph from a check-in social network into a more comprehensive location search engine -- putting it in direct competition with other recommendation and rating services, such as Yelp.

In November, the company launched its ten-point scoring system for local business and in October it launched its new Web site, which is open to non-members and has a prominent search box. Just yesterday, Foursquare rolled out its iPhone and Android apps for merchants, which let business owners more easily manage their presence on the social network.

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Grandson of oil tycoon T. Boone Pickens dies in Texas

Updated 8:35 PM ET

FORT WORTH, Texas A 21-year-old grandson of Texas oil tycoon T. Boone Pickens died Tuesday after being rushed to a hospital in Fort Worth, according to police and a family spokesman.




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Thomas Boone Pickens IV, who went by Ty, was a junior at Texas Christian University. Pickens' spokesman, Jay Rosser, called the death an "unspeakable family tragedy" and asked that the family be allowed to grieve in private.

As reported by CBS Station KTVT Dallas, the family issued a statement: "Ty's loss at such a young age is an unspeakable family tragedy for the entire Pickens family and his many friends. We mourn his passing and respectfully request that the family be allowed to grieve in private in this time of sorrow."

Neither Rosser nor Fort Worth police have said what may have caused the death.




10 Photos


Thomas Boone "Ty" Pickens IV



Officers were dispatched after getting a report of a dead person at an off-campus location around 9:30 a.m. Tuesday, police spokeswoman Cpl. Tracey Knight said. Police said Ty Pickens was transported to a hospital, where he was pronounced dead.

Knight said the Tarrant County medical examiner would determine the cause of death. She declined further comment.


T. Boone Pickens appears on "CBS This Morning," Aug. 23, 2012.

T. Boone Pickens appears on "CBS This Morning," Aug. 23, 2012.


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CBS News

The elder Pickens made much of his fortune in oil drilling but has since become an advocate for alternative energy. The 84-year-old also is active in politics and has donated millions of dollars to his alma mater, Oklahoma State University, and various other causes.

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Jodi Arias Borrowed Gas Cans Before Killing Ex













Accused murderer Jodi Arias borrowed two five-gallon gas cans from a former boyfriend the day before she drove to Arizona to kill another ex, Travis Alexander, according to testimony in Arias' murder trial today.


In cross examination, prosecutors also forced Arias' former live-in boyfriend Darryl Brewer to describe his sex life with Arias as "pretty aggressive."


Brewer, 52, dated Arias for four years and shared a home with her in California for two years. He told the court today that Arias called him in May 2008, asking to borrow gas cans, but would not explain why. She called him again at least two more times, and arrived at his house on June 2008, to borrow the cans.


On the day she picked up the gas cans she told Brewer that she was going to visit friends in California and Arizona.


Prosecutors argue that Arias then drove to Mesa, Ariz., where she allegedly had sex with Alexander, took nude photos of him, and then stabbed him 27 times, slashed his throat, and shot him twice in the head. She is charged with murder and could face the death penalty if convicted.


Arias, who claims she killed Alexander in self defense, had approached prosecutors two years ago offering to plea to a second degree murder charge, which could carry a 25 year term, but the state rejected the offer, Nancy Grace reported on Good Morning America today.


Brewer said that Arias never returned the gas cans. The pair had been broken up two years earlier and they had only spoken "sporadically," he said.








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Prosecutors also showed receipts from Arias' trip from her California home to Alexander's home in Mesa, showing that she purchased a 10 gallons of gas at one gas station the night before she drove to Arizona, and then another 10 gallons from a different gas station 10 minutes later. Prosecutors are expected to argue she brought the gas with her to fill up her car secretly on the way to Alexander's home, showing premeditation for the murder.


Arias' attorneys called Brewer as one of their first witnesses as they began mounting their case that Arias killed Alexander in self defense, arguing that Alexander was controlling and abusive toward Arias.


They asked Brewer to explain how he and Arias had been in a stable relationship for four years, from 2002 to 2006, and had bought a home together before Arias met Alexander at a business conference and began to change.


"I saw a lot of changes in Jodi. She became a different person than I had known previously," Brewer said, describing how Arias' behavior changed in May 2006 when she joined a company called Pre-Paid Legal. There, she met Alexander and began seeing him. She continued to live with Brewer.


"She had continued to pay the mortgage, but she was not paying other household bills, she began getting into debt or financial trouble," Brewer said. "For me it seemed she was not as rational or logical."


Arias also converted to Mormonism while living with Brewer, telling him that he could no longer curse and she would no longer have sex with him because she was saving herself for marriage.


The pair had previously had an "enthusiastic" and "aggressive" sex life, Brewer admitted to prosecutors. They had engaged in anal sex, Arias had taken nude photos of Brewer, and Arias had purchased breast implants in 2006, he testified.


Brewer said that after Arias began to change, he made arrangements to move closer to his son from his first marriage, and he and Arias broke up.


They kept in touch with occasional phone calls until Arias asked to borrow the gas cans in June 2008, and then called him a week after borrowing the cans to say that her friend had been killed.


Martinez, reading notes from an interview Brewer gave to authorities during the investigation into Alexander's death, asked if Arias had ever mentioned needing an "alibi." Brewer said he did not recall any conversation about alibis.


"After this date of June 4, 2008," Martinez asked, "you received a call from Jodi Arias, and she was very agitated?"


"She was sad," Brewer said.


"Did she tell you that her friend had been killed and she did not have an alibi?"


"I don't remember that," Brewer said.


Arias was arrested a month after Alexander was found dead, in July 2008.



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Sixty-five people executed in Syria's Aleppo: activists


BEIRUT (Reuters) - At least 65 people were found shot dead with their hands bound in the northern Syrian city of Aleppo on Tuesday in a "new massacre" in the near two-year revolt against President Bashar al-Assad, activists said.


Opposition campaigners blamed the government but it was impossible to confirm who was responsible. Assad's forces and rebels have been battling in Syria's commercial hub since July and both have been accused of carrying out summary executions.


U.N.-Arab League mediator Lakhdar Brahimi told the U.N. Security Council "unprecedented levels of horror" had been reached in Syria, and that both the government and rebels had committed atrocious crimes, diplomats said.


He appealed to the 15-nation council to overcome its deadlock and take action to help end the civil war in which Syria is "breaking up before everyone's eyes".


More than 60,000 people are estimated to have been killed in the war, the longest and deadliest of the revolts that began throughout the Arab world two years ago.


The U.N. refugee agency said the fighting had forced more than 700,000 people to flee. World powers fear the conflict could envelop Syria's neighbors including Lebanon, Jordan and Turkey, further destabilizing an already explosive region.


Opposition activists posted a video of at least 51 muddied male bodies alongside what they said was the Queiq River in Aleppo's rebel-held Bustan al-Qasr neighborhood.


The bodies had what looked like bullet wounds in their heads and some of the victims appeared to be young, possibly teenagers, dressed in jeans, shirts and trainers.


Aleppo-based opposition activists who asked not to be named for security reasons blamed pro-Assad militia fighters.


They said the men had been executed and dumped in the river before floating downstream into the rebel area. State media did not mention the incident.


The British-based Syrian Observatory for Human Rights, which says it provides objective information about casualties on both sides of Syria's war from a network of monitors, said the footage was evidence of a new massacre and the death toll could rise as high as 80.


"They were killed only because they are Muslims," said a bearded man in another video said to have been filmed in central Bustan al-Qasr after the bodies were removed from the river. A pickup truck with a pile of corpses was parked behind him.


STALEMATE


It is hard for Reuters to verify such reports from inside Syria because of restrictions on independent media.


Rebels are stuck in a stalemate with government forces in Aleppo - Syria's most populous city which is divided roughly in half between the two sides.


The revolt started as a peaceful protest movement against more than four decades of rule by Assad and his family, but turned into an armed rebellion after a government crackdown.


About 712,000 Syrian refugees have registered in other countries in the region or are awaiting processing as of Tuesday, the U.N. refugee agency said.


"We have seen an unrelenting flow of refugees across all borders. We are running double shifts to register people," Sybella Wilkes, spokeswoman for the U.N. High Commissioner for Refugees (UNHCR), told Reuters in Geneva.


The United Nations said it had received aid promises ahead of a donor conference in Kuwait on Wednesday where it is seeking $1.5 billion for refugees and people inside Syria. Washington announced an additional $155 million that its said brought the total U.S. humanitarian aid to the crisis to some $365 million.


Aid group Médecins Sans Frontières said the bulk of the current aid was going to government-controlled areas in Syria and called on donors to make sure they were even-handed.


MISSILES


In the eastern city of Deir al-Zor, insurgents including al Qaeda-linked Islamists captured a security agency after days of heavy fighting, according to an activist.


Some of the fighters were shown carrying a black flag with the Islamic declaration of faith and the name of the al-Nusra Front, which has ties to al Qaeda in neighboring Iraq.


The war has become heavily sectarian, with rebels who mostly come from the Sunni Muslim majority fighting an army whose top generals are mostly from Assad's Alawite sect, an offshoot of Shi'ite Islam. Assad has framed the revolt as a foreign-backed conspiracy and blames the West and Sunni Gulf states.


Fighting also took place in the northern town of Ras al-Ain, on the border with Turkey, between rebels and Kurdish militants, the Observatory said.


In Turkey, a second pair of Patriot missile batteries being sent by NATO countries are now operational, a German security official said.


The United States, Germany and the Netherlands each committed to sending two batteries and up to 400 soldiers to operate them after Ankara asked for help to bolster its air defenses against possible missile attack from Syria.


(Additional reporting by Sylvia Westall in Kuwait, Sabine Siebold in Berlin and Stephanie Nebehay in Geneva; Editing by Andrew Heavens and Robin Pomeroy)



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Australia to go to the polls on September 14






SYDNEY: Australian Prime Minister Julia Gillard on Wednesday said the nation would go to the polls on September 14, announcing the date early to give "shape and order" to the year.

Australians usually know only weeks before when an election will be held, but the Labor leader, whose minority government holds power by only a narrow margin, surprised pundits by giving close to nine months' notice.

"I do so not to start the nation's longest election campaign, quite the opposite," Gillard told the National Press Club in Canberra during a speech setting out the priorities for Labor in the year ahead.

"It should be clear to all which are the days of governing, and which are the days of campaigning."

Gillard, who is tipped to lose the election to conservative opposition leader Tony Abbott, said announcing the date of the polls would give individuals, businesses and investors the ability to plan ahead.

"It gives shape and order to the year, and enables it to be one not of fevered campaigning, but of cool and reasoned deliberation," she said.

Parliament will be dissolved on August 12.

- AFP/ck



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Want to unlock your phone? Fix the DMCA



Android phone with padlock

If only it were this simple.



(Credit:
Amanda Kooser/CNET)

This week, a new federal mandate kicked in that makes it illegal for you to unlock a phone that you bought locked from a carrier. The rule states that unauthorized unlocking of a phone you bought -- even if you paid full price for it, minus a carrier subsidy -- is a violation of the Digital Millennium Copyright Act. Specifically, it violates a portion of the law enacted in 2000 that makes it illegal to bypass technology designed to restrict access to a certain product. And that provision has bedeviled consumers, researchers, and lawyers for 12 years -- it's time for it to disappear or be substantially rewritten.


The first time I wrote about the DMCA and anti-circumvention was in the wake of the 2005 Sony root kit fiasco, in which Sony had surreptitiously installed restrictive DRM software on the computers of consumers who played or attempted to rip CDs. Under the anti-circumvention provisions, the Princeton security researcher who discovered the root kit had actually broken the law by reverse-engineering the software, and consumers risked breaking the law if they attempted to hack it in order to uninstall it. (On its own, the software would disable your CD drive if you tried to get rid of it.) The Princeton researcher who brought the root kit to light actually delayed his findings because he feared prosecution under the DMCA. That problem? That's still around.


Then it became clear that anti-circumvention would prevent you from being able to rip a DVD to your computer the way you can rip a CD. In 2000, Universal Studios won an injunction against three hackers who had created software to defeat digital rights management technology on DVDs. The court ruled, in fact, that you have zero fair use rights to your encrypted DVDs: That is, just because you bought it doesn't mean you can do whatever you want with it, if "whatever you want" includes making your own digital copy for backup, to put on a mobile device, or to watch from a computer. In 2006, I blogged about a survey that reported 90 percent of people (more if those people had kids) think you should have the right to rip your DVDs for backup or mobile use. I bet that number is 100 percent by now, but that problem? That's also still around.


The provision outlawed jailbreaking phones until 2010; it's still illegal under the DMCA to jailbreak a tablet, because apparently "tablet" is a scary, fuzzy concept for the Library of Congress, which is the body that can grant exemptions to the DMCA, if they can be persuaded to understand what you're talking about with all this new technology. (You also can't jailbreak a game console, while we're at it.) Amazon used anti-circumvention to try to stamp out software that converted e-books to audio so that the blind could listen to them -- fortunately, the Library of Congress did allow an exemption for that purpose, but not until 2010 (and it wasn't a very good exemption until 2012).




The provision has also been used to threaten a security researcher who was investigating Internet filtering and blocking around the world; Apple used it to force an online forum to actually remove discussions about reverse-engineering iPods; and it was used to prosecute Russian security hacker Dmitry Sklyarov and others. Canada's lawmakers used the rule as a guideline for enacting its own copyright legislation last year, replete with digital lock technology even more restrictive than the DMCA's, despite almost universal protest from the Web community there. The Electronic Frontier Foundation maintains a running tally of these and other unintended consequences of the DMCA -- a startling number of them refer to anti-circumvention


And now, here we are again at unlocked phones. The Library of Congress refused to allow an exemption for unlocking your carrier-locked phone (which The Atlantic rightly calls "The most ridiculous law of 2013 -- so far"). In the ruling, the Librarian determined that, essentially, it's not as hard as it used to be to buy an unlocked phone, so what's the big deal? And in a truly remarkable bit of rationalization, the Librarian writes:

While it is true that not every wireless device is available unlocked, and wireless carriers' unlocking polices are not free from all restrictions, the record clearly demonstrates that there is a wide range of alternatives from which consumers may choose in order to obtain an unlocked wireless phone.


Now, as you know, all that a restriction on unlocking your phone really accomplishes is allowing carriers to increasingly restrict your ability to leave them, despite their own wildly anticonsumer behavior, increasing contract costs, and skyrocketing early termination fees. In effect, the Librarian ruled that it's OK to restrict your consumer choice so that the carriers can restrict your consumer choice because hey, there's a little bit of consumer choice out there!


Quite obviously, the ban on unlocking cell phones is ridiculous -- there's a growing chorus of voices on that fact and a new Whitehouse.gov petition to overturn the ruling. But the problem won't be fixed until the DMCA is fixed.


Attempting to add exemptions after the fact is an absolutely ludicrous way to enforce anti-circumvention provisions that are already too broad and way too flawed. Those exemptions, by the way, have to be reissued every three years, meaning insanity could still creep back in (as The Atlantic points out, the blind have to defend their right to access e-books as audio every three years), and the state of affairs is constantly confused. The DMCA anti-circumvention provisions have always needed broad exemptions for personal use. They need massive rewriting to close the loopholes that allow for prosecution of security researchers, academics, and journalists. And they need, quite frankly, some basic logic. It's time to start beating that drum and stamp out this problem at its root.

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