Santa Monica Daily Press, January 03, 2012

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Volume 11 Issue 45

Santa Monica Daily Press

OCCUPYING THE ROSE PARADE SEE PAGE 3

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THE TAKE THAT, EAST COAST ISSUE

Anti-piracy bills split local tech business community

BY ASHLEY ARCHIBALD Daily Press Staff Writer

EASTSIDE When Jonathan Gelfand walks into his office in the Lantana complex in Santa Monica, he doesn’t wonder if someone has stolen from him — the question is how much.

Gelfand is an attorney for Beachbody LLC., producers of the popular P90X workout videos, which promise that the user will get “absolutely ripped” in 90 days if they follow a rigorous workout schedule and meal plan.

And while many people seem willing to try the program, relatively few want to pay the $120 price tag. Instead they get the disks off of pirate websites with servers located outside of the United States.

That piracy costs Beachbody $75 million each year, Gelfand estimates.

“We need help,” Gelfand said. “This is truly killing us.”

Ashley Archibald ashley@smdp.com A pair of bills before the two houses of GELFAND Congress aim to give law enforcement agencies the ability to stop online piracy on offshore ting the revenue off at the source. websites, powers that some Santa MonicaThe bills, which still in their adolescence, based companies cheer and others fear. have met significant backlash from compaThe two bills, called the Stop Online nies that fear they might incidentally fall Piracy Act (SOPA) in the House of into the category of “pirates” if users post Representatives and the Protect IP Act links to copyrighted materials — like music (PIPA) at the Senate level, would make it videos — on their sites, and from Internet possible for a judge to order an Internet engineers who say that the methods used to Service Provider (ISP), like AT&T or redirect web traffic will have significant Comcast, to redirect traffic away from for- impacts on Internet security. eign sites that are illegally selling or posting Beachbody and Universal Music Group, copyrighted materials. which is also based in Santa Monica have Furthermore, companies could go after come out strongly in support of SOPA, which the source of payments to those websites SEE BILLS PAGE 3 through payment systems like PayPal, cut-

Fighter jets scrambled after plane loses contact ASSOCIATED PRESS SAN FRANCISCO Federal authorities say fighter jets were scrambled to intercept a small plane that had lost contact with traffic controllers over California.

Federal Aviation Administration spokesman Mike Fergus says the Cessna 172 was flying from Santa Monica to Oakland on Sunday morning when it lost radio contact with air traffic controllers somewhere

near Ventura.

It wasn’t until the plane had reached the Monterey area, around 11:35 a.m., when traffic controllers were able to contact the pilot.

The plane landed without incident at Oakland International Airport.

Fergus wasn’t sure if the jets, which had been scrambled from a base near Fresno had actually intercepted the Cessna, or if they had turned back once radio contact was established.

TAKING IT EASY

Daniel Archuleta daniela@smdp.com A bike rider coasts along the bike path on Santa Monica Beach on Monday.

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Improve your improv Senior Center 1450 Ocean Ave., 12:30 p.m. — 2:30 p.m.

Veteran improv instructor Brian Hamill hosts this weekly comedy workshop for seniors. All seniors are welcome to take part in the workshop, whether you want to be on stage or in the audience.

Cost: free for Senior Center members. For more information, call (310) 458-8644.

The sport of kings Ocean Park Branch Library 2601 Main St., 3 p.m. — 6 p.m.

Children and adults are welcome at Youth and Family Chess, a weekly instructional class meant to help you not just learn, but appreciate the ancient game of chess. Cost: free. For more information, call (310) 458-8683.

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Must have been the write place Fairview Branch Library 2101 Ocean Park Blvd., 12 p.m. — 2:30 p.m.

Find guidance and direction from fellow writers, and give your own support and inspiration, at WriteAway, a community meeting for local authors held every Tuesday at the library. Cost: free. For more information, call (310) 4588681.

Wednesday, Jan. 4, 2012 Seniors in shape from head to toe Senior Center 1450 Ocean Ave., 9:10 a.m. — 10:10 a.m.

The Senior Exercise Class features controlled breathing and stretching, low-impact aerobics and weightlifting mixed with line dancing and music to help seniors keep healthy from hearts to hips. Cost: free for Senior Center members. For more information, call (310) 458-8644.

Community history on the sand Annenberg Community Beach House 415 Pacific Coast Hwy., 11 a.m. — 2 p.m.

Explore the rich history of the Marion Davies Guest House, guilefully guided by a docent from the Santa Monica Conservancy. Tours last approximately 30 minutes. Cost: free.

For more information, call (310) 458-4904.

Are you a fan of food?

Main Library Branch 601 Santa Monica Blvd., 4 p.m.

— 4:45 p.m.

Learn about the food you get at the Santa Monica Farmer’s Market, and sample some yourself, at Food Fan Club, a workshop for teens held in the Children’s Activity Room.

Cost: free. For more information, call (310) 458-8600.

To create your own listing, log on to smdp.com/submitevent

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Inside Scoop TUESDAY, JANUARY 3, 2012

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3

Man arrested in connection with arson spree MICHAEL R. BLOOD Associated Press

LOS ANGELES Authorities arrested a man Monday in connection with dozens of suspected arson fires that have rattled Los Angeles residents since last week.

A sheriff 's deputy stopped the driver of a van early Monday in Hollywood. The vehicle matched a description by witnesses, and the driver resembled the person in a surveillance video that police released.

Police declined to identify the suspect, but said he was arrested in connection with 53 fires, many of them started in parked cars,

that have flared since Friday in Hollywood, neighboring West Hollywood and the San Fernando Valley.

The man was to be booked later on arson charges.

The blazes, which destroyed cars and scorched apartment buildings, caused an estimated $2 million in damage, city fire Capt. Jamie Moore said.

The suspect resembled a "person of interest" captured on videotape near a carport, Moore said.

Authorities declined to provide other details, saying they did not want to jeopardize the case.

Hundreds of investigators, police officers and firefighters raced to deal with the rash of fires over the New Year's weekend. Police were kept on overtime, and in Hollywood, the noise of helicopters and sirens continued virtually nonstop.

Investigators still were busy mapping out the sequence of the blazes, examining more than 100 clues and interviewing witnesses.

Firefighters routinely are called to put out burning cars, but this recent spate has been unusual. Crews have continued to respond to other emergencies.

The fires left a trail of smoldering debris

in Hollywood, West Hollywood, North Hollywood and the Fairfax district of Los Angeles.

Police urged residents to check their cars for any signs of tampering and take simple precautions such as locking vehicles, keeping garage and carport lights on at night and reporting suspicious activity.

Despite the arrest, police continued to be vigilant.

"We're not resting, and we're not stopping" the extra patrols, police Capt.

Andrew Smith said. "If you have lights in your carport area, keep them on tonight."

Anti-Wall Street Occupy protest follows Rose Parade CHRISTINA HOAG Associated Press

PASADENA The 2012 Tournament of Roses brought its flowery floats and strutting bands to a worldwide audience Monday under clear blue skies, and in its wake came a scruffier parade — hundreds of anti-Wall Street protesters.

The 123rd annual New Year's Day event, with the theme "Just Imagine," flowed along downtown Pasadena to the cheers of hundreds of thousands of sidewalk spectators.

An estimated 40 million people viewed this year's procession of 44 floats, 16 marching bands and 22 equestrian troupes on U.S. television.

There were 10 arrests overnight, including four felonies, as thousands of spectators staked out viewing places along the route but that figure was down from the previous year, police said.

"Everything went very, very well. We're

BILLS FROM PAGE 1 they see as the only way to prevent their products from being stolen and shared. The Recording Industry Association of America claims that global music piracy results in $12.5 billion in economic losses each year, and a loss of 71,060 jobs in the U.S. COST OF THE HUNT

Offshore websites hawking ripped off versions of the P90X videos are a dime a dozen and, under current law, nearly impossible to shut down. Gelfand, and many others, liken it

very pleased," police Lt. Phlunte Riddle said.

On the heels of the two-hour parade came anti-Wall Street protesters in a prearranged demonstration.

The thunder of the retreating marching bands mingled in the air with chants of "Banks got bailed out, we got sold out" as the Occupy the Rose Parade demonstrators retraced about 1.5 miles of the 5.5-mile parade route before veering off for a rally near City Hall.

They carried a 250-foot-long banner that said "We the People" to represent the U.S. Constitution. Some also held a 70-foot-long octopus made from recycle plastic bags that represented the tentacles of perceived corporate greed.

"This is about getting money out of politics," said Greg Stevens, a 38-year-old public health lecturer at the University of Southern California. "I support everything this movement is about."

As the protesters marched by, some Rose

Parade spectators yelled "get a job" while others snapped photos and cheered.

"It's kind of crazy but kind of exciting," said Alana Olvick, 26, of Valencia, Calif.

The ragtag group of protesters made an interesting comparison to the slick, glittering Rose Parade offerings.

"It's contradicting the parade," Olvick said.

Behind the protesters came three truckloads of Los Angeles County sheriff 's deputies in riot gear but no arrests were immediately made and the protest was noisy but peaceful.

Occupy the Rose Parade organizer Pete Thottam estimated the crowd of protesters at 5,000, although police said it was around 400.

Police, parade and city officials held numerous meetings with the protest organizers to ensure that they did not disrupt the parade.

Heightened security is nothing new to the

parade, which took place on Jan. 2 this year because New Year's Day falls on a Sunday.

Police also stepped up measures after 9/11 and the Y2K threat, and have regularly dealt with protests through the years ranging from anti-Vietnam war demonstrators to Native Americans incensed at the choice of a descendant of Christopher Columbus as grand marshal.

This year's parade featured Iraq war veteran J.R. Martinez as grand marshal, the children and grandchildren of Roy Rogers on a float commemorating cowboys, and the parents of Christina-Taylor Green, the 9year-old girl killed in the mass shooting that injured U.S. Rep Gabrielle Giffords last year, on the Donate Life float honoring organ donors. The Greens donated their daughter's corneas.

The 2012 parade was the first in 58 years without the famed Anheuser-Busch Clydesdale horses after the company withdrew in a change of marketing strategy.

to playing the arcade game “whack-a-mole,” where contestants use padded mallets to hit plastic moles that appear out of a series of holes in the game board.

If so, this is a pretty expensive version.

Chasing an offshore site costs a cool $15,000 to begin, and involves wading through local law — often in China or eastern Europe — to get an ISP to shut down a site for the exact same domain name to reappear less than a day later, Gelfand said.

If negotiating with the ISP doesn’t work, companies can try to buy up the domain name. That results in the same site with a slight name variation coming online within hours.

Winning means fighting with a site until the owners decide it’s not worth it anymore.

That can mean up to $180,000 in legal costs and months of work, Gelfand said.

“It’s laborious, it doesn’t work and it’s expensive,” Gelfand said.

SOPA and PIPA would give companies better tools to go after offending sites, saving them money and encouraging them to invest in new products which they could assume wouldn’t be stolen as easily.

But what Gelfand sees as a helpful weapon for the arsenal, intellectual property attorney Milord Keshishian likens to “using a Patriot missile to level an anthill.”

Keshishian’s firm, Milord & Associates,

represents startups in Santa Monica that could see their business pulled out from under them if the act passes in its present form.

“I think it’s a little overreaching,” Keshishian said.

A fear within the Internet community is that SOPA and PIPA would allow companies alleging copyright infringement to go to a service provider and request that the offending site remove the content or face loss of revenues and takedown of the site.

Existing law gives websites and service providers “safe harbor,” meaning that the SEE BILLS PAGE 7

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Opinion Commentary 4

TUESDAY, JANUARY 3, 2012

We have you covered

LETTERS TO THE EDITOR

Your column here

Send comments to editor@smdp.com

Joe Guzzardi

The real landlord Editor:

In your Thursday, Dec. 29 edition, a story written about the Westminster Towers stated that the Department of Housing and Urban Development is the federal agency which owns the building (“Healthy elder stresses over secondhand smoke”).

Please note that Westminster Towers, a residential apartment building which is located at 1112 Seventh St., is not owned by HUD, although HUD provided the financing that made Westminster Towers possible.

Westminster Towers is owned by Westminster Towers, Inc., a California nonprofit corporation. The board consists of citizens who live in Santa Monica and/or on the Westside and are members of the First Presbyterian Church of Santa Monica. The board serves without pay.

I believe that Westminster Towers, with its sister building Geneva Plaza, located at 1441 21st St., provides more unassisted low-income housing for senior citizens than any other Santa Monica organization.

Both buildings are fully occupied at this time, with long waiting lists. Our goal is to create additional lowincome senior housing when funding becomes available.

John M. Bohn President, Westminster Towers, Inc.

PUBLISHER Ross Furukawa

Send comments to editor@smdp.com

Dream Act doesn’t guarantee quality jobs for graduates ASS E M B LYMAN

TI M

D O N N E LLY’S

signature gathering effort to put the Dream Act, AB 131, on the November 2012 ballot is entering its final days. Undecided citizens could learn valuable lessons from Rhode Island.

In September, Rhode Island became the 13th state to allow illegal immigrants to pay lower in-state tuition rates. The measure is scheduled to take effect during the autumn 2012 semester. During weeks of testimony before the Rhode Island Board of Education, supporters insisted that the advanced education that the aliens would receive will help them get high-paying jobs.

But during the same testimony, several immigrant students inadvertently exposed the folly behind state-based Dream Acts.

College students told of the multiple and insurmountable obstacles they face in getting a job since hiring undocumented immigrants is illegal. Like AB 131, the Rhode Island law does not provide students with United States citizenship, which is a federal government function.

One student told the board that he knew of magna cum laude graduates who worked at restaurants for minimum wage. Another called the Rhode Island bill a “dead end.”

That’s exactly the point. If the Rhode Island Dream Act, as well as the similar California, Texas, Connecticut, Illinois, Kansas, Maryland, Nebraska, New Mexico, New York, Texas, Utah, Washington and Wisconsin laws don’t provide a path to citizenship, they also don’t lead to jobs.

The California Dream Act is flawed in numerous ways. Not only will illegal immigrant students be able to apply for taxpayerfunded financial aid at California’s public colleges and universities, illegal immigrants will also be eligible to receive Cal Grants, which pay up to several thousand dollars annually per student.

Then there’s the cost beleaguered and broke Californians will have to incur. When Gov. Jerry Brown signed the bill in October, he projected that the Dream Act’s cost would not exceed $10 million annually. But a December report released by the nonpartisan California Legislative Analyst’s Office put the annual sum at $65 million, more than six times Brown’s original projection.

Broken down, the LAO reported that the California Student Aid Commission will incur estimated “up-front costs of about $700,000 and ongoing annual costs of about

$250,000 to administer the Dream Act.” The California Community Colleges Chancellor’s Office says its cost of administering the program will be near $15 million.

And the CSAC estimates that the Cal Grant entitlement program will incur annual additional costs of approximately $13 million in the first year and will total around $50 million by 2016-17. Opening up Cal Grants to illegal immigrant students is a severe blow to citizen children who, after all, have their own dreams. Only 22,500 such awards are available each year with several times that number of applicants.

ross@smdp.com

EDITOR IN CHIEF Kevin Herrera editor@smdp.com

MANAGING EDITOR Daniel Archuleta daniela@smdp.com

STAFF WRITER Ashley Archibald ashley@smdp.com

CHIEF PHOTOGRAPHER Brandon Wise brandonw@smdp.com

STAFF PHOTOGRAPHER Morgan Genser news@smdp.com

CONTRIBUTING WRITERS Bill Bauer, David Pisarra, Meredith Carroll, Jack Neworth, Lloyd Garver, Ron Hooks,

IF THE RHODE ISLAND DREAM ACT, AS WELL AS THE SIMILAR CALIFORNIA, TEXAS, CONNECTICUT, ILLINOIS, KANSAS, MARYLAND, NEBRASKA, NEW MEXICO, NEW YORK, TEXAS, UTAH, WASHINGTON AND WISCONSIN LAWS DON’T PROVIDE A PATH TO CITIZENSHIP, THEY ALSO DON’T LEAD TO JOBS.

Taylor Van Arsdale, Merv Hecht, Cynthia Citron, Tom Viscount, Michael Ryan, JoAnne Barge, Katrina Davy

NEWS INTERNS Colin Newton, Kelly Zhou, Sophia Zhorne news@smdp.com

PHOTOGRAPHY INTERN Ray Solano news@smdp.com

VICE PRESIDENT–BUSINESS OPERATIONS Rob Schwenker schwenker@smdp.com

ADVERTISING ACCOUNT EXECUTIVE Steven Stuart stevens@smdp.com

ADVERTISING TRAFFIC COORDINATOR Rebecca Martinez admin@smdp.com

OPERATIONS COORDINATOR Michele Emch michele.e@smdp.com

In summary, AB 131 would not lead to jobs but does raise taxpayer costs and puts citizen children at risk. Each incoming freshman class only has so many seats. When illegal immigrants compete for them, fewer citizens will be accepted. If Donnelly’s effort fails, the California Dream Act would go into effect in 2013 and would represent another roadblock for American youth.

JOE GUZZARDI is a senior writing fellow for Californians for Population Stabilization and his columns are syndicated in various U.S. newspapers and websites. Contact him at joeguzzardi@capsweb.org

PRODUCTION MANAGER Darren Ouellette production@smdp.com

PRODUCTION DESIGNER Alejandro Cantarero production@smdp.com

CIRCULATION Keith Wyatt Osvaldo Paganini circulation@smdp.com

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TUESDAY, JANUARY 3, 2012

5

State legislative debate to revolve around fiscal crisis DON THOMPSON Associated Press

SACRAMENTO California's budget deficit

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What will be your primary resolution for 2012? Be honest and realistic, it helps keep the faith.

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appears more manageable than in past years, but the state's ongoing fiscal crisis will continue to dominate debate over other matters in the Legislature during the coming session.

Whether to delay a vote on an $11 billion water bond, approve online poker, reform public employee pensions, keep state parks from closing or scuttle a bond sale for the state's high-speed rail project are among the issues that will be considered against a backdrop of lower state tax revenue. Lawmakers will reconvene on Wednesday.

Legalizing online poker and perhaps other forms of gambling as a way to bring more revenue to the state is shaping up as one of the more contentious legislative questions for 2012.

"I'm not a huge fan, but if there really is the potential for hundreds of millions of dollars for education, higher education, health care, then I'm open to it," said Senate President Pro Tem Darrell Steinberg, DSacramento.

He previously put a hold on Senate consideration of two competing bills, including one that would allow online betting on games beyond poker.

Sen. Lou Correa, D-Anaheim, said his SB40 would bring the state an immediate $250 million by requiring upfront payments from online poker operators. Former state finance director Tim Gage projected it would create more than 1,300 jobs and $1.4 billion in new state revenue over 10 years.

Correa's bill would let every Indian tribe and state-licensed card room operate its own Internet poker site, using the state's existing card room regulations. It would ban other online gambling, aside from pari-mutuel wagering on horse racing. He has the backing of many gambling tribes and card rooms.

Sen. Rod Wright, D-Inglewood, has a competing bill, SB45, that would allow poker and other forms of gambling online.

His bill would authorize three operators who would give 10 percent of their gross revenue to the state. Online gambling operators backed his bill, but early versions were opposed by tribes and card rooms. An early analysis created for Wright estimated his plan could bring the state between $2.4 billion and $6.1 billion over eight years.

Wright chairs the Governmental Organization Committee, which plans hearings in January with the intent of advancing a bill.

Supporters estimate more than 1.5 million Californians play online poker each week, making the state the nation's largest

online poker market. They want California to act quickly out of fear that Congress could restrict states' interest in Internet-based games.

Assembly Speaker John Perez is skeptical that expanding gambling would significantly help with the state's budget problems and said his chamber will wait to see how the legislation develops in the Senate.

While online gambling would add money to the state's general fund, two other hotbutton topics require billions in spending and are being criticized as too expensive for a state facing a $13 billion deficit over the next 18 months.

Lawmakers might consider reducing the cost of what is currently an $11 billion water bond measure scheduled for the November ballot, or even remove it from the ballot altogether. Gov. Jerry Brown is among those who think voters will balk at borrowing that much money, even for water projects and conservation programs.

Steinberg, however, worries about upsetting the bipartisan compromise that was negotiated in 2009 between legislative Democrats and Republicans and Brown's predecessor, former Republican Gov. Arnold Schwarzenegger. He said doing so would be particularly problematic because any new deal would need a two-thirds vote in the Legislature, requiring some Republican support, at a time when the two parties are finding it virtually impossible to compromise on major issues.

Lawmakers already shifted the bond measure from the 2010 ballot because of the state's precarious fiscal condition, and Perez said they could delay it again. But he also said the state would benefit from construction jobs that would be created if the bonds were approved.

Some lawmakers from both parties and the nonpartisan legislative analyst also say the Legislature should reconsider spending the $9 billion voters have approved for building a high-speed rail system. The total cost estimate has more than doubled since voters approved the bond in 2008 and now stands at $98 billion.

Lawmakers must approve selling the bonds if the project is to continue. Brown and both Democratic legislative leaders support high-speed rail, but a Field Poll released in December found about two-thirds of California voters want to rethink the borrowing while a majority would reject the spending if given another chance to vote on it.

Meanwhile, state Sen. Noreen Evans said she will challenge Brown's plan to close as many as 70 of the state's 278 parks starting

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State 6

TUESDAY, JANUARY 3, 2012

STATE FROM PAGE 5 July 1, a step intended to save $33 million over two years.

The Santa Rosa Democrat said the targeted parks were chosen without an economic or environmental analysis. She plans to introduce legislation halting the closures until officials analyze the costs and benefits and consider alternatives to closing them.

Lawmakers also will take up Brown's proposals to reform California's public employee pension system. Brown wants to increase the retirement age, require local and state government workers to pay more toward their pensions and retiree health care, and place new workers into a hybrid plan that includes 401(k)-style accounts.

Republicans say his plan doesn't go far enough, while Brown's fellow Democrats were lukewarm during a joint AssemblySenate committee hearing this month.

Steinberg called the governor's plan "a pretty provocative proposal" and said he is reluctant to swap the state's defined-benefit plan for a hybrid model. Perez said the majority of problems are with local governments, and that most public employees earn a reasonable retirement income.

California provides a guaranteed pension for life for its state government workers and most local government employees, but the system has too little money for the benefits promised to current workers. The California Public Employees' Retirement System has estimated its unfunded future pension liabilities at $75 billion, although critics say it is actually far higher. A Stanford study says the actual liability is closer to $500 billion.

The state also has $52 billion in unfunded retiree health care costs.

Brown has urged his fellow Democrats to make sweeping changes to the employee retirement system, in part because he wants to ask voters to approve tax hikes next fall.

The distressed economy and struggles for the middle class and working class also are acting as prompts for legislation in the coming year.

Steinberg, the Senate leader, is trying to both improve oversight of banks related to home foreclosures and limit some higher education costs.

He is introducing bills to create an online library of free college textbooks that professors could use to customize their own teaching materials. The savings will help offset

We have you covered recent fee increases that California's public universities imposed in response to state budget cuts, he said.

"We need to do everything we can with the tools that we have to help middle-class families and students. People are getting squeezed on every end," Steinberg, DSacramento, said in an interview.

He also wants to give distressed homeowners more time to arrange alternatives to foreclosure, such as restructuring their mortgage payments or arranging for shortsales of homes.

Sen. Mark Leno is working with Steinberg to advance legislation that could require lenders to exhaust borrowers' alternatives before they begin foreclosure proceedings. It would ban the practice of "dual tracking," in which lenders pursue foreclosures and alternatives at the same time.

Borrowers could go to court if the process is abused, where they currently have no recourse, Leno said.

"Millions of Californians are suffering," said Leno, D-San Francisco. "We won't see a revival of construction until we see an end to the foreclosure phenomenon because we have not yet hit bottom."

Michael Belote, a lobbyist for the California Mortgage Association, said erecting barriers to foreclosure would discourage lenders from making real estate loans at a time when the housing market is struggling.

Other legislative debates expected to draw attention in 2012 include: • Attempts to clarify the state's 15-yearold medical marijuana law after a federal crackdown of dispensaries. In a letter to lawmakers, state Attorney General Kamala Harris said they must decide if dispensaries and delivery services are legal or if patients must form collectives to grow their own marijuana. • Plans to protect children from sexual predators after the Penn State University child molestation scandal. Two bills would require coaches, administrators and athletic directors to report suspected abuse, while another would end nonprofits' tax-exempt status if they conceal the sexual abuse of children. • Reviewing oversight of the California Department of Transportation after a technician was fired amid allegations that he had faked safety test reports on California bridges and freeways. Lawmakers said they want to examine whether Caltrans cultivates a culture in which workers turn a blind eye to internal problems.

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BILLS FROM PAGE 3 company cannot go after the site for content that a user posts. For instance, if an individual put up an illegal copy of a music video on YouTube, the music company that owns the rights could not sue YouTube.

According to Keshishian, SOPA turns that provision on its head.

“If the party gives notice and you don’t shut down the website, you’re not protected by safe harbor,” he said. “If you do it unlawfully, and the user-generated content is deemed not to be infringing, you have immunity against the content owner.”

That means that the website or service provider is safer if it takes down material that allegedly violates a copyright or stop payments to a certain site, even if a judge later determines the material to be benign.

The draft law has since been changed to remove a five-day deadline to inform the content owner of the problem before taking down the material altogether. Critics said it was not a reasonable amount of time for people to respond. It’s unclear if more time would be added.

At Beachbody, Gelfand acknowledges many of the criticisms about the bill, but says that potential abuses can be prevented by the judges who hear the cases.

“We put a lot of time weighing the positives and negatives of this bill,” he said.

“Finally, it would give U.S. companies the ability to enforce our rights outside the United States.”

UNINTENDED CONSEQUENCES

One of Keshishian’s Santa Monica clients, Jamie Snider, founded a group chat site called Yowie.com.

Yowie provides two core products. One allows celebrities to hold a live video chat with fans and the other lets groups of friends chat together using video and sharing links.

SOPA supporters, notably the Disney group, have used Yowie’s service to get their young stars closely connected to their fan base, but the concept of the bill makes Snider nervous.

“The big issue for a company like ours is to be responsible for monitoring all usergenerated content on the site in fear of a penalty as severe as jail time, fines, or DNS blacklisting,” Snider said.

DNS, or domain name system, is the naming system that effectively translates from English to computer. Inputting words into a computer browser is meaningless to the machine unless they are translated into a series of numbers called the Internet Protocol (IP) address.

DNS blacklisting is when the DNS does not route to its associated IP address, blocking access to the site.

That’s the main way that SOPA and PIPA propose to halt traffic to offending sites after a judicial process that critics like the American Civil Liberties Union calls insufficient.

For Snider and his team of six full-time employees and one part-timer, it would mean monitoring all of the chats that happen on Yowie to make sure no one shares a bad link or, in extreme cases, plays a song in the background of the chat.

The method has drawn protest from crit-

ics across the Internet who believe that it could be used to stifle free speech, or go after websites that are critical of the government, like Wikileaks.

Although that concerns Snider, his worries are more immediate.

“I’m against piracy,” Snider said. “I’m a Netflix subscriber, and I have an iTunes account. I pay for everything. I can certainly understand the position they’re in, and there’s no justification for the effect it’s having on their business.

“My concern is that the government doesn’t understand our business,” he said.

It’s a common complaint, but not just amongst businesses.

Internet engineers complain that the lawmakers most heavily involved with SOPA and PIPA lack a fundamental understanding of how the Internet works, including how their bills propose to alter the fundamental underpinnings of the one thing the entire world agrees upon.

“Everybody has said, ‘Wait, you can’t do this, it’ll break my stuff,’” said Paul Vixie.

“When it comes to DNS, I can tell you that it would truly break our stuff.”

Vixie is the founder of the nonprofit Internet Systems Consortium, a nonprofit group that provides open source software for the Internet community and focuses on maintaining and enhancing BIND, a widelyused DNS software.

He is also the co-author of a paper that came out in May analyzing the two bills which stated that people could easily get around the proposed DNS filters, and that their efforts would “threaten the security and stability of the global DNS.” “You would have to spend almost 30 seconds getting back to where you were before,” Vixie said. “Given that’s the case, this is pointless and unenforceable.”

Determined downloaders without a lot of Internet knowledge can use a foreign DNS server to get around local filters, a feature easily accessed through a plugin in a web browser like Firefox that will automatically look offshore.

That would invite other cybercrimes, because the servers that would be used don’t operate under United States law. It could mean going to something that looks like your bank’s website only to find it was a clone meant to steal your financial information.

Vixie estimates he’s spent about 60 percent of the last year arguing about SOPA and PIPA, but he hasn’t yet been called before Congress. Vixie anticipates testifying before Congress soon. Lawmakers have called for a hearing specifically including engineers concerning the security risk Vixie raised.

He does believe that there is a third way between the status quo and what he feels are the dangerous changes in SOPA and PIPA, a technical solution that would respect the laws of the Internet and protect copyrighted information.

“The [Motion Picture Association of America] spent $90 million so far this year according to mandatory reporting trying to put PIPA and SOPA in place,” Vixie said. “If they would invest half that much over a few years, I’ll put the band back together and solve this problem in a way that makes more money and doesn’t put anybody out.”

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Critics assail crime laws aimed at people with HIV DAVID CRARY AP National Writer

NEW YORK A man in Texas is serving a 35-

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year prison sentence for spitting at a police officer — because he has the virus that causes AIDS and his saliva was deemed a deadly weapon. In Michigan, an HIV-positive man who allegedly bit a neighbor during an argument faced a bioterrorism charge.

Charges for the same acts would have been far less severe if the defendants had been virus-free. Now, a coalition of advocacy groups — backed by an outspoken champion in Congress — is ratcheting up a campaign to press for review and possible repeal of criminal statutes specifically targeting HIV-positive people.

"These laws are archaic," said Rep. Barbara Lee, D-Calif. "They're criminalizing a population of people who should not be criminalized."

Lee introduced a bill in September that would provide states with incentives and support to reform criminal laws aimed at people with HIV. Lee assumes the bill has little chance of passage while Republicans control the House, but hopes it will help raise awareness about the state laws.

"It's very important to start these debates, to get governors and legislators to look at it," she said in a telephone interview.

Thirty-four states have criminal laws that punish people for exposing another person to HIV, according to the advocacy groups working with Lee. Prosecutions occur even in the absence of actual HIV transmission, and the laws generally do not consider use of a condom as a defense, the groups said.

Many of the laws were enacted early in the AIDS epidemic, when fear of the disease's deadliness was at its highest and before advances in understanding how HIV was transmitted. The laws have not been revised even though AIDS — thanks to the development of medication regimens — is no longer viewed as a death sentence.

Scott Burns, executive director of the National District Attorney's Association, suggested that most prosecutors would oppose Lee's bill and argue that the laws remain necessary to deter HIV-positive people from reckless or irresponsible behavior.

"Notwithstanding that we've made tremendous medical advances, I don't know anyone who'd want to be infected with HIV and go through the treatment regimen," he said.

According to the Centers for Disease Control, HIV is spread primarily by unprotected sex with an HIV-positive person, sharing of tainted needles or syringes, and births by an HIV-infected mother.

HIV is not spread by saliva, tears or sweat, and there are no documented cases of it being transmitted by spitting, according to the CDC. As for biting, the CDC says there is no transmission risk if the skin is not broken; in a "very small number of cases," transmission did occur when a bite drew blood

and caused severe tissue damage.

While prosecutors defend the HIV laws as appropriate for certain cases, some activists argue that criminalization of exposure to HIV can backfire and actually fuel the spread of the disease.

They note that under most of the state laws, people who don't know they have HIV are less culpable than those who do know.

This fact could deter some people from learning their HIV status, and thus preclude some HIV-positive people from getting treatment.

A better approach, the advocates say, is to encourage responsibility and disclosure without the underlying threat of arrest and prosecution.

The Obama administration's National AIDS Strategy, released in July 2010, echoes those concerns, saying some of the state laws "may make people less willing to disclose their status by making people feel at even greater risk of discrimination."

"It may be appropriate for legislators to reconsider whether existing laws continue to further the public interest," the strategy says.

"In many instances, the continued existence and enforcement of these types of laws run counter to scientific evidence."

Advocates for changes in the laws say many people have served long prison terms and been forced to register as sex offenders for conduct that posed no meaningful risk of HIV transmission. Catherine Hanssens of the Center for HIV Law and Policy, one of the key groups in the advocacy coalition, blames the longevity of the laws on "a seemingly invincible ignorance" about transmission.

Annual surveys by the Kaiser Family Foundation have documented this phenomenon. According to this year's survey, 1 in 3 Americans has a basic misunderstanding about HIV transmission — believing, for example, that one can get HIV from sharing a drinking glass or swimming in a pool with someone with HIV. "We need to educate people," Hanssens said. "Before we change the laws, we have to change their minds."

As part of an initiative called the Positive Justice Project, Hanssens' center recently documented scores of cases since 2008 in which people were prosecuted on charges specifically related to being HIV-positive.

Among the cases: • In March 2010, an HIV-positive man in Michigan faced bioterrorism charges of using HIV as a weapon after he allegedly bit a neighbor on the lip during an argument.

Three months later, a judge threw out that charge; the defendant, Daniel Allen, was placed on 11 months of probation for assault.

• In Iowa, an HIV-positive man, Nick Rhoades, received a 25-year sentence in 2009 for failing to disclose his HIV status prior to a one-time consensual sexual encounter during which the virus was not transmitted.

Rhoades' sentence was eventually suspended, but he was nonetheless required to register as a sex offender.

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MOVIE TIMES 11:00am, 2:15pm, 5:30pm, 8:40pm

Aero Theatre 1328 Montana Ave. (310) 260-1528

Dangerous Method (R) 1hr 39min 1:50pm, 4:30pm, 7:20pm, 9:50pm

Alvin and the Chipmunks: Chipwrecked (G) 1hr 27min 11:45am, 2:20pm, 4:45pm, 7:15pm, 9:35pm

Call theatre for details.

AMC Loews Broadway 4 1441 Third Street Promenade (888) 262-4386 New Year's Eve (PG-13) 1hr 57min 11:50am, 5:45pm Sherlock Holmes: A Game of Shadows (PG-13) 2hrs 08min 2:40pm, 8:40pm

Shame (NC-17) 1hr 39min 1:40pm, 4:40pm, 7:30pm, 10:10pm

War Horse (PG-13) 2hrs 26min 11:25am, 1:35pm, 3:00pm, 4:45pm, 6:30pm, 8:00pm, 9:55pm

AMC Criterion 6 1313 Third St. (310) 395-1599

We Bought a Zoo (PG) 2hrs 04min 11:10am, 2:00pm, 5:00pm, 7:50pm, 10:45pm

Adventures of Tintin (PG) 1hr 41min 11:00am, 1:40pm, 4:20pm, 7:10pm, 10:00pm

Sherlock Holmes: A Game of Shadows (PG-13) 2hrs 08min 12:15pm, 3:30pm, 7:00pm, 10:20pm

Young Adult (R) 1hr 34min 11:55am, 2:15pm, 5:00pm, 7:30pm, 10:00pm

Muppets (PG) 1hr 38min 11:00am

Girl With the Dragon Tattoo (R) 2hrs 40min 12:05pm, 3:30pm, 7:00pm, 10:20pm

Girl With the Dragon Tattoo (R) 2hrs 40min 11:05am, 2:35pm, 6:10pm, 9:45pm

My Week with Marilyn (R) 1hr 36min 11:45am, 2:30pm, 5:15pm, 7:50pm, 10:15pm

Laemmle’s Monica Fourplex 1332 Second St. (310) 478-3836

AMC 7 Santa Monica 1310 Third St. (310) 451-9440

Descendants (R) 1hr 55min 1:20pm, 4:10pm, 7:00pm, 9:45pm

Mission: Impossible - Ghost Protocol (PG-13) 2hrs 12min

Artist (PG-13) 1hr 40min 1:30pm, 4:20pm, 7:10pm, 9:55pm

Mission: Impossible - Ghost Protocol (PG-13) 2hrs 12min 12:20pm, 3:35pm, 7:00pm, 10:15pm Hugo 3D (PG) 2hrs 07min 12:30pm, 3:45pm, 7:00pm, 10:00pm Darkest Hour (PG-13) 1hr 29min 11:30am, 4:40pm, 9:45pm Adventures of Tintin 3D (PG) 1hr 41min 12:15pm, 3:10pm, 6:00pm, 8:40pm Darkest Hour 3D (PG-13) 1hr 29min 2:05pm, 7:15pm Carnage (R) 1hr 19min 11:40am, 2:10pm, 4:30pm, 7:00pm, 9:30pm

MYSTERY PHOTO

Daniel Archuleta daniela@smdp.com The first person who can correctly identify where this image was captured wins a prize from the Santa Monica Daily Press. Send answers to editor@smdp.com. Send your mystery photos to editor@smdp.com to be used in future issues.

Speed Bump

By Dave Coverly

Strange Brew

By John Deering

For more information, e-mail news@smdp.com

Vanish tonight, Gem ARIES (March 21-April 19)

LIBRA (Sept. 23-Oct. 22)

★★★★ You are more than ready to handle a

★★★★ You enjoy dealing with someone

problem or move forward. Someone could be quite demanding without realizing it. It could even be you! Avoid a scene at all costs. You could be very tired and debilitated. Tonight: Treat yourself well.

directly. Together you let go of many of the issues that interfere when you are not together. Having fewer people vying for your attention also makes a big difference. You can focus.

Tonight: Continue the theme.

TAURUS (April 20-May 20)

SCORPIO (Oct. 23-Nov. 21)

★★★★★ You seem to be able to stretch and

★★★★★ Maintain your limits with another person. Stay even despite a totally different perspective. Be aware of how you might want to revise your financial situation. Tonight: Follow another's lead.

go that extra mile when others cannot.

Someone appreciates your efforts. Travel in the near future becomes a possibility. Right now, whatever you choose is perfect. Tonight: Be the all-around Bull.

Dogs of C-Kennel

By Mick and Mason Mastroianni

SAGITTARIUS (Nov. 22-Dec. 21) GEMINI (May 21-June 20) ★★★ Know when you would prefer to say less or nothing at all. Sometimes you create a lot of problems when there is no need to. You would be best off keeping your own counsel right now.

Listen to your sixth sense. Tonight: Vanish while you can.

★★★ Be aware of the costs of holding the line or assuming a particular point of view. You might be considering a change regarding the management of your money. Extra effort pays off, whether it might be taking a second job or cutting back on an expensive habit. Tonight: Go that extra step.

CAPRICORN (Dec. 22-Jan. 19) CANCER (June 21-July 22) ★★★★★ Meetings and interactions in general draw success. Don't hesitate to ask for more of what you desire. Sometimes you get tired of pushing for the same idea without any response.

Today you finally get the feedback you have been looking for. Tonight: Where your friends are.

LEO (July 23-Aug. 22) ★★★★ You could be taken aback by a boss or someone you look up to. You only need to make an adjustment. The news you are hearing isn't a problem if you just relax and think. Be willing to state your case without feeling judged.

Tonight: A force to be dealt with all night.

VIRGO (Aug. 23-Sept. 22) ★★★★ Think outside the box, and success will follow. Sometimes you understate your case.

Don't. Brainstorm with a trusted friend who plays devil's advocate well. Handle a situation differently. Think positively. Tonight: Put on a movie.

Happy birthday

★★★★ Your ingenuity comes out in nearly everything you do. You might not even notice it, as it is probably well integrated into whatever you do. Let the kid in you emerge. Tonight: Make the most of the night.

Garfield

By Jim Davis

AQUARIUS (Jan. 20-Feb. 18) ★★★ Home is where your mind -- if not heart -- is wandering to. Focusing on matters that aren't involved with the issue at hand could be difficult at best. Perhaps you need to change your routine and handle what is preoccupying your thoughts. Tonight: Whatever suits you.

PISCES (Feb. 19-March 20) ★★★★★ Your presence has an impact in a meeting, perhaps more than you want. You do wow a friend. Knowing the power of your charisma today, where would you most like to make an impact? What you want easily could become a reality if you act. Tonight: Think again: What do you want?

JACQUELINE BIGAR’S STARS The stars show the kind of day you’ll have: ★★★★★Dynamic ★★ So-So ★★★★ Positive ★ Difficult ★★★ Average

Your imagination makes you a force to be dealt with. You are in a period in which you are processing on a deep, emotional level. Others are constantly viewing you in a new light as you process and grow. Your creativity emerges more often, making your life and the lives of those around you more exciting. If you are single, you could meet someone very special. A unique chemistry attracts the two of you. If you are attached, you rebuild the heat of your dating period. Part of the stimulus is how you are changing, remaining exciting to your sweetie. Let it all happen. TAURUS draws out the best in you.

The Meaning of Lila

By John Forgetta & L.A. Rose

Puzzles & Stuff 10

TUESDAY, JANUARY 3, 2012

We have you covered

Sudoku Fill in the blank cells using numbers 1 to 9. Each number can appear only once in each row, column, and 3x3 block. Use logic and process of elimination to solve the puzzle. The difficulty level ranges from ★ (easiest) to ★★★★★ (hardest).

NEWS OF THE WEIRD BY

SHEPARD

■ “Take Your Daughter (Son) to Work” days are still popular at some companies, to introduce children to their parents’ cultures.

Inadvertently, even criminals mimic the phenomenon. Joseph Romano, 2-year-old son in tow, was allegedly selling drugs when police picked him up in September in Tunkhannock Township, Pa. And Edward Chatman Jr., 32, who was arrested for raping a woman in Oak Ridge, Tenn., in August, had brought his 6-month-old baby with him when he climbed through the woman’s window (though, police said, he stashed the kid in another room during the assault).

■ A cutting-edge treatment when News of the Weird first heard of it in 2000 is now mainstream for those suffering extreme diarrhea due to a lack of “predator bacteria” in the colon (perhaps caused by antibiotics). Among the primary treatments now is a transplant -- a transfusion of “fecal flora” from the gut of a bacterianormal person, to restore the natural balance (introduced by a colonoscope after the stool is liquified in a blender). Following months of failed alternatives, Jerry Grant, 33, said in October that his transplant, at the Mayo Clinic in Scottsdale, Ariz., worked remarkably well. (A recent study reported success in 70 of 77 patients.)

King Features Syndicate

GETTING STARTED

CHUCK

SOLUTIONS TO YESTERDAY’S PUZZLE

There are many strategies to solving Sudoku. One way to begin is to examine each 3x3 grid and figure out which numbers are missing.

Then, based on the other numbers in the row and column of each blank cell, find which of the missing numbers will work. Eliminating numbers will eventually lead you to the answer.

TODAY IN HISTORY TM

– Arithmo Crossmath – Reclaim Your Brain • Insert the given numbers in the empty squares so when they are calculated in threes from left to right and top to bottom they satisfy the demands in the shaded boxes both horizontally and vertically.

• Each empty square dictates the math operation that must be performed to meet the demands.

• Remember to multiply or divide before you add or subtract.

Go to www.zokigames.net for more fun and challenging games and links to our mobile phone apps.

A fire damages the top part of the Eiffel Tower.

The Hamilton Watch Company introduces the first electric watch.

The West Indies Federation is formed.

Alaska is admitted as the 49th U.S. State.

Separatists in the Maldives declare the establishment of the United Suvadive Republic.

The United States severs diplomatic relations with Cuba.

1956 1957 1958 1959 1959 1961

WORD UP! deus ex machina \DAY-uhs-eksMAH-kuh-nuh; -nah; -MAK-uhnuh\ , noun: 1. In ancient Greek and Roman drama, a god introduced by means of a crane to unravel and resolve the plot.

2. Any active agent who appears unexpectedly to solve an apparently insoluble difficulty.

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