Court Rejects Recess Appointments to Labor Board

WASHINGTON — In a ruling that called into question nearly two centuries of presidential “recess” appointments that bypass the Senate confirmation process, a federal appeals court ruled on Friday that President Obama violated the Constitution when he installed three officials on the National Labor Relations Board a year ago.

The ruling was a blow to the administration and a victory for Mr. Obama’s Republican critics – and a handful of liberal ones – who had accused Mr. Obama of improperly claiming that he could make the appointments under his executive powers. The administration had argued that the president could decide that senators were really on a lengthy recess even though the Senate considered itself to be meeting in “pro forma” sessions.

But the court went beyond the narrow dispute over pro forma sessions and issued a far more sweeping ruling than expected. Legal specialists said its reasoning would virtually eliminate the recess appointment power for all future presidents when it has become increasingly difficult for presidents to win Senate confirmation for their nominees. In recent years, senators have more frequently balked at consenting to executive appointments. President George W. Bush made about 170 such appointments, including John R. Bolton to be ambassador to the United Nations and two appeals court judges, William H. Pryor Jr. and Charles W. Pickering Sr.

“If this opinion stands, I think it will fundamentally alter the balance between the Senate and the president by limiting the president’s ability to keep offices filled,” said John P. Elwood, who handled recess appointment issues for the Justice Department during the Bush administration. “This is certainly a red-letter day in presidential appointment power.”

The ruling, if not overturned, could paralyze the National Labor Relations Board, an independent agency that oversees labor disputes, because it would lack a quorum without the three Obama appointments in January 2012.

The ruling’s immediate impact was to invalidate one action by the board involving a union fight with a Pepsi-Cola bottler in Washington State, but it raises the possibility that all the board’s decisions from the past year could be nullified. The decision also casts a legal cloud over Mr. Obama’s appointment that same day of Richard Cordray as the director of the Consumer Financial Protection Bureau.

A White House spokesman said, “We disagree strongly with the decision” by the United States Court of Appeals for the District of Columbia Circuit, adding that it conflicted with other court rulings and well over a century of government practice. Administration officials did not immediately say whether they would appeal the ruling or wait for other appeals courts to issue decisions in similar lawsuits filed across the country challenging other labor board actions.

The three judges on the appeals court panel, all of them appointed by Republicans, rejected the Justice Department’s argument that Mr. Obama could make the labor board appointments by declaring the Senate’s pro forma sessions during its winter break — in which a single senator came into the empty chamber every three days to bang the gavel — a sham. The Republican-controlled House of Representatives had refused to let the Democratic-controlled Senate adjourn for more than three days.

“An interpretation of ‘the Recess’ that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction,” wrote Judge David B. Sentelle. “This cannot be the law.”

The panel went on to significantly narrow the definition of “recess,” for purposes of the president’s appointment power. The judges held that presidents may invoke their recess appointment power only between formal sessions of Congress – a brief period that usually arises only once a year – rather than during breaks that arise during a session, like lawmakers’ annual August vacations. Two of the three judges also ruled that the president may also only use that power to fill a vacancy that opens during the same recess.

The ruling also called into question nearly 200 years of previous such appointments by administrations across the political spectrum. The executive branch has been making intrasession appointments since 1867 and has been using recess appointments to fill vacancies that opened before a recess since 1823. Among other things, Mr. Elwood noted, it called into question every ruling made by several federal appeals court judges who were installed by recess power.

“You know there are people sitting in prisons around the country who will become very excited when they learn of this ruling,” he said.

Charlie Savage reported from Washington, and Steven Greenhouse from New York.

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Stock sell-off shows an emotional investment in Apple

A friend of mine, a weatherman for a local TV station, always greets me the same way: "Time to sell my Apple stock?"

And I always offer the same response: Do you still like the company?

"Yes."

Then don't sell it.

Investors were wringing their hands Thursday over Apple's prospects, even though the company reported record quarterly profit of $13.1 billion and said it sold 28% more iPhones and 48% more iPads.

Despite what for any other business would be regarded as a stellar performance, Apple's shares fell $63.51, or 12.4%, to $450.50.

This is what happens when our relationship with a company turns emotional. As in all relationships, we try to be understanding and reasonable, but it's hard to mask our disappointment when expectations aren't met.

And, ultimately, investors and consumers can be very fickle.

"A minor chink in your armor and out you go," said Brad Barber, a professor of finance at UC Davis who specializes in investor psychology.

He described the sell-off of Apple's stock as "awfully dramatic" but not surprising, given that people have such a visceral relationship with this company.

"Is this a rational response?" Barber asked. "That's hard to say."

Hard because it's difficult to gauge whether Apple's stock is fairly priced. If the company has more blockbuster products in the pipeline and if its market dominance is secure, then, yes, Apple probably is worth its $423.8-billion market valuation.

But what if, you know, there's someone handsomer or prettier waiting in the wings? Do you really want to tie yourself down?

American consumers generally keep the business world at a healthy distance, understanding that commerce isn't the same as personal commitment. If a company provides a bad experience, we don't hesitate to take our business elsewhere.

But from time to time, exceptional companies rise to a higher level in our esteem. In a 1953 congressional hearing, the former head of General Motors, Charles E. Wilson, made a statement that has long been taken out of context this way: "What's good for General Motors is good for the country."

What he actually said was that "for years I thought what was good for our country was good for General Motors and vice versa. The difference did not exist. Our company is too big. It goes with the welfare of the country."

What's interesting, though, is that the misquoted sentiment went generally unchallenged at the time. GM was America. It was Chevrolet and Buick and Cadillac. As GM said of its 1955 Chevy Bel Air Sport Coupe, it "exuded American optimism."

In more recent years, think of Sony in the 1980s. Was there a more innovative company anywhere? The best VCR was a Betamax, the best TV was the Trinitron. Remember your first reaction to the Walkman, the notion of carrying a stereo in your pocket?

These days, Sony would be lucky to get a passing glance on eHarmony.

Remember when Microsoft unveiled Windows 95? The company spent about $300 million on a global party for its new operating system, and people lined up for hours outside retail shops to get their hands on the software.

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Architect Designs 3-D Printed, Mobius Strip-Inspired Landscape House

Architects have tossed around the idea of 3-D printing buildings, but Universe Architect’s first one could have a twist.

Inspired by the Mobius strip, Janjaap Ruijssenaars’ house design wraps around itself, twisting the interior to the exterior and back. Ruijssenaars and his collaborator, artist and mathematician Rinus Roelofs, call it the Landscape House because landscapes, too, are continuous.

Ruijssenaars started with a strip of paper, twisted into August Ferdinand Mobius’ famous band. But when he expanded the paper to have a thickness, and 3-D printed it, he saw in it the shape of a building. Even the 3-D printing was a nod to continuity.

“All other materials, when making models, had a visual beginning and an end,” says Ruijssenaars. “You have to cut a material and later tape it. With 3-D printing you can start at the bottom and end at the top resulting in an endless Mobius strip without a cut.”

The building itself could start construction as early as next year in two locations, one in the Netherlands and one in Brazil. Like the model, it will be 3-D printed as well, using the D-Shape, a stereolithographic printer, which binds layers of sand in structures as big as two-story buildings. D-Shape says the artificial sandstone is stronger than concrete, but the Landscape House calls for 20-foot by 30-foot hollow sandstone segments filled with reinforced concrete.

Images: Courtesy of Universe Architecture

Nathan Hurst is learning how to make some things, knows how to fix some others, and is already pretty good at breaking everything else. He has written for Outside and Wired, traveled in Africa, and tweets as @NathanBHurst.

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GLAAD protests Nat Geo’s collaboration with Boy Scouts

LOS ANGELES (TheWrap.com) – The advocacy group backed a Change.org petition started by Will Oliver, a 20-year-old gay Eagle Scout, that calls on Nat Geo to air a disclaimer clarifying the network’s views before each episode of its new series, “Are You Tougher than a Boy Scout.” It debuts this spring.

“That National Geographic would brush aside countless gay teens suffering at the hands of the BSA, shrugging off injustice as just another ‘point of view,’ is irresponsible,” GLAAD president Herndon Graddick said in a statement. “By airing this program, National Geographic is providing support and publicity to an organization that harms young people simply because of who they are. If the network is truly committed to standing by its non-discrimination practices, it should have no problem airing a disclaimer to that effect.”

Nat Geo did not immediately respond to calls from TheWrap requesting comment.

But in a statement to GLAAD, the network said the show has “nothing to do with this debate” over the Boy Scouts’ LGBT policies.

“As it relates to our upcoming show with the Boy Scouts, we certainly appreciate all points of view on the topic,” Nat Geo said in the statement, “but when people see our show they will realize it has nothing to do with this debate, and is in fact a competition series between individual scouts and civilians.”

GLADD pointed to the Boy Scouts’ October 2012 Progress Report of its National Council Strategic Plan 2011-2015. It cites the Nat Geo series as a “strategic partnership” aimed at promoting the idea that “scouting is ‘cool’ with youth.”

The report states that the Scouts will begin working on marketing plans with National Geographic for “leveraging the show with Scouting audiences and audiences outside of scouting.”

“It’s all too clear that this show is just a marketing ploy, crafted by the BSA to boost dwindling membership and distract Americans from the Scouts’ long history of discrimination,” Graddick said. “National Geographic Channel is the means to that end and must therefore make it clear where the network stands.”

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The New Old Age Blog: Grief Over New Depression Diagnosis

When the American Psychiatric Association unveils a proposed new version of its Diagnostic and Statistical Manual of Mental Disorders, the bible of psychiatric diagnoses, it expects controversy. Illnesses get added or deleted, acquire new definitions or lists of symptoms. Everyone from advocacy groups to insurance companies to litigators — all have an interest in what’s defined as mental illness — pays close attention. Invariably, complaints ensue.

“We asked for commentary,” said David Kupfer, the University of Pittsburgh psychiatrist who has spent six years as chairman of the task force that is updating the handbook. He sounded unruffled. “We asked for it and we got it. This was not going to be done in a dark room somewhere.”

But the D.S.M. 5, to be published in May, has generated an unusual amount of heat. Two changes, in particular, could have considerable impact on older people and their families.

First, the new volume revises some of the criteria for major depressive disorder. The D.S.M. IV (among other changes, the new manual swaps Roman numerals for Arabic ones) set out a list of symptoms that over a two-week period would trigger a diagnosis of major depression: either feelings of sadness or emptiness, or a loss of interest or pleasure in most daily activities, plus sleep disturbances, weight loss, fatigue, distraction or other problems, to the extent that they impair someone’s functioning.

Traditionally, depression has been underdiagnosed in older adults. When people’s health suffers and they lose friends and loved ones, the sentiment went, why wouldn’t they be depressed? A few decades back, Dr. Kupfer said, “what was striking to me was the lack of anyone getting a depression diagnosis, because that was ‘normal aging.’” We don’t find depression in old age normal any longer.

But critics of the D.S.M. 5 now argue that depression may become overdiagnosed, because this version removes the so-called “bereavement exclusion.” That was a paragraph that cautioned against diagnosing depression in someone for at least two months after loss of a loved one, unless that patient had severe symptoms like suicidal thoughts.

Without that exception, you could be diagnosed with this disorder if you are feeling empty, listless or distracted, a month after your parent or spouse dies.

“D.S.M. 5 is medicalizing the expected and probably necessary process of mourning that people go through,” said Allen Frances, a professor emeritus at Duke who chaired the D.S.M. IV task force and has denounced several of the changes in the new edition. “Most people get better with time and natural healing and resilience.”

If they are diagnosed with major depression before that can happen, he fears, they will be given antidepressants they may not need. “It gives the drug companies the right to peddle pills for grief,” he said.

An advisory committee to the Association for Death Education and Counseling also argued that bereaved people “will receive antidepressant medication because it is cheaper and ‘easier’ to medicate than to be involved therapeutically,” and noted that antidepressants, like all medications, have side effects.

“I can’t help but see this as a broad overreach by the APA,” Eric Widera, a geriatrician at the University of California, San Francisco, wrote on the GeriPal blog. “Grief is not a disorder and should be considered normal even if it is accompanied by some of the same symptoms seen in depression.”

But Dr. Kupfer said the panel worried that with the exclusion, too many cases of depression could be overlooked and go untreated. “If these things go on and get worse over time and begin to impair someone’s day to day function, we don’t want to use the excuse, ‘It’s bereavement — they’ll get over it,’” he said.

The new entry for major depressive disorder will include a note — the wording isn’t final — pointing out that while grief may be “understandable or appropriate” after a loss, professionals should also consider the possibility of a major depressive episode. Making that distinction, Dr. Kupfer said, will require “good solid clinical judgment.”

Initial field trials testing the reliability of D.S.M. 5 diagnoses, recently published in The American Journal of Psychiatry, don’t bolster confidence, however. An editorial remarked that “the end results are mixed, with both positive and disappointing findings.” Major depressive disorder, for instance, showed “questionable reliability.”

In an upcoming post, I’ll talk more about how patients might respond to the D.S.M. 5, and to a new diagnosis that might also affect a lot of older people — mild neurocognitive disorder.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

---

This post has been revised to reflect the following correction:

Correction: January 24, 2013

An earlier version of this post misspelled the surname of a professor emeritus at Duke who chaired the D.S.M. IV task force. He is Allen Frances, not Francis.

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DealBook: In Davos, Merkel Presses Leaders to Keep Focus on Economy

DAVOS, Switzerland — Angela Merkel, the German chancellor, on Thursday warned her fellow euro zone leaders not to falter in their efforts to reinvigorate their economies now that they face less pressure from financial markets. She gave voice to widespread concern here that a tentative European recovery could be undercut by political complacency.

Measures in recent months by the European Central Bank to help banks and struggling euro zone countries have calmed markets but have not solved the euro zone’s underlying economic problems, Ms. Merkel said in a speech to participants at the World Economic Forum.

“The E.C.B. has done a lot,” she said. Now, she added, “there is a political duty for us to do our homework.”

Reprising the role of European taskmaster for which she is often resented, Ms. Merkel made her remarks shortly after Mario Monti, the prime minister of Italy, assured an audience at an auditorium in Davos that his country was making progress in efforts to reduce its debt load and streamline its economy. Italy is removing barriers to competition, rebuilding infrastructure and dismantling labor regulations that inhibit hiring and firing, Mr. Monti said.

But among big investors, many of whom are here, there is skepticism over whether Europe’s political leaders will follow through on such changes.

“These are fairly important measures,” said Olivier Marchal, managing director for Europe at Bain & Company, speaking on European reform efforts. But, he predicted, “apart from the psychological effect, there will not be any tangible impact before 2014.”

David Cameron, the British prime minister, has intensified pressure on the euro zone — the 17 European Union members that use the euro — with his announcement Wednesday that he would ask Britons to vote on European Union membership within five years. He amplified those remarks here Thursday, saying that Britain did not want to turn its back on Europe but wanted to make it “more competitive, open and flexible.”

The discussion about European competitiveness came after a business survey released in London on Thursday raised hopes that the euro zone could emerge from recession sooner than expected. But the survey of purchasing managers, by the data provider Markit, showed a sharp divergence among countries. While German managers became more optimistic, French sentiment slumped.

Separately, a report from Madrid on Thursday showed that Spanish unemployment rose to a record high of 26 percent at the end of 2012, with six million people out of work.

Mr. Marchal of Bain & Company said many of the businesspeople he had talked with remained cautious and reluctant to invest. “Many of them are either postponing strategic moves or preparing for things to get worse,” he said.

During her speech, Ms. Merkel described herself as “conditionally optimistic” and said, “The investment climate in Europe has improved.” But she went on to lament the high level of youth unemployment. The Spanish data released Thursday showed that the jobless rate among people from 16 to 24 years old was 55 percent in the last three months of 2012, up from 52 percent in the previous quarter.

“Our biggest burden is youth unemployment,” she said.

Europe needs to better exploit its status as the world’s largest market, Ms. Merkel said. “We can make a lot of that if we remain open, innovative and when we don’t take it for granted that Europe has a right to be the leading continent on the world.”

While Germany is considered healthier than other large economies in Europe, growth is hardly dynamic. Output shrank in the last three months of 2012. This year, the German economy will grow by about 1 percent, according to numerous forecasts.

“Things are better,” Thomas J. Donohue, president of the United States Chamber of Commerce, said in an interview here. “But there’s a big distance between things being better and having the growth we need to start hiring people.”

Mr. Donohue noted that the United States, Europe and China had become highly dependent on trade with one another. “If the E.U. has even a little bit of negative growth, that’s not going to be good for any of the three of us,” he said.

Ms. Merkel praised Mario Draghi, the president of the European Central Bank, for insisting that countries improve economic performance as a condition for his help containing market pressure.

But many of the business managers who predominate among the attendees in Davos are worried that progress will stall because of resistance from interest groups that stand to lose quasi-monopolies or other privileges ensured by government regulation. In addition, they say, European labor unions have held up changes in laws that make it nearly impossible to dismiss workers who are not needed or not performing.

Mr. Monti’s reform drive has helped Italy win back international respect, but there is considerable nervousness about what will happen after elections in February. Because Italian borrowing costs have retreated from alarming highs last year, political leaders feel more heat from voters than they do from bond investors.

Since Mr. Draghi promised last year to do whatever it took to preserve the euro, “I have seen in no country hard new measures,” Maximilian Zimmerer, chief financial officer of the German insurer Allianz, said in an interview.

Mr. Zimmerer expressed optimism that reforms would resume, but added, “You do not have the pressure of markets for now.”

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Number of homes entering foreclosure drops 22.1% to six-year low

California's foreclosure crisis eased considerably during the final quarter of last year, with the number of homes entering foreclosure dropping to a six-year low.

The steep decline, accompanied by a similar drop in home repossessions, clears the path for a quickened pace of recovery this year. Fewer foreclosures on the market should lead to higher home prices and a healthier real estate market.

"Ultimately, fewer foreclosures means an even tighter market, which means a more rapid recovery," said Christopher Thornberg, a principal at Beacon Economics. "I see very little to forestall the real estate market this year."

The real estate research firm DataQuick reported a 22.1% decline in default notices during the final three months of 2012 compared with the previous quarter — and a 37.9% drop from a year earlier. A total of 38,212 default notices were logged on California houses and condominiums last quarter, the lowest number since the final quarter of 2006. A default notice is the first formal step in the state's foreclosure process.

Since the number of new foreclosure cases peaked in early 2009, experts and analysts have feared a second wave of home loan defaults flooding the market. Three years later, that appears unlikely as banks turn to foreclosure alternatives and home prices rise.

"We are past the peak of this," said Kenneth Rosen, chairman of the Fisher Center for Real Estate and Urban Economics at UC Berkeley's Haas School of Business.

A steadily improving economy has helped ease homeowner woes. And the vast number of underwater borrowers — those owing more on their homes than they're worth — have continued to pay their mortgages instead of walking away. Rising home prices should help more underwater homeowners come up for air, allowing them to regain equity and sell their homes if they run into financial trouble.

"Home values increased through most of 2012, and the rate of increase picked up toward the end of the year," DataQuick President John Walsh said in a news release. "That means fewer and fewer homeowners are underwater."

California's median home price rose 22.4% last quarter to $300,000.

California has also been able to work through its foreclosure problem faster than other states, in part because foreclosures take place largely outside the courtroom, said Celia Chen, a housing economist with Moody's Economy.com. That means California has not been bogged down with the same level of paperwork issues and delays that states such as Florida or New York have experienced.

California has also benefited from economic growth from Asian trade and from the technology industry centered around Silicon Valley. Indeed, the technology-rich Bay Area's declines in default notices outpaced both the statewide drops and those in every other region.

Those foreclosed homes that are hitting the market are being snapped up by investors to either rent or flip. Investors bought 42% of all homes sold at foreclosure auctions statewide last quarter, according to DataQuick.

Big hedge funds have become so interested in cheaply priced homes that flippers are now increasingly searching for homes in the $400,000 to $600,000 range throughout Los Angeles County, said Robert Fragoso, executive vice president for Anchor Loans, which makes short-term loans to investors. The new interest among renovators in pricier homes should also push up prices. Already, some homes are selling for more than the asking price, Fragoso said.

"I am seeing the inventory levels right now at very, very, very low rates, especially when you are talking about the product that has already been remodeled," he said. "We are getting multiple offers on almost everything within days of it hitting the market."

Banks have been increasingly averse to foreclosure because state and federal regulators increased scrutiny on the process, which led to huge settlements as well as new laws. Major lenders have now stepped up short sales and other kinds of loan modifications to deal with troubled borrowers.

Although the foreclosure crisis has abated, the number of people losing their homes remains at a very high level compared with historical averages, said Paul Leonard, California director for the Center for Responsible Lending. Those entering foreclosure are most likely people suffering from California's still tough economy or those with the most limited resources. Aid programs and reforms by federal and state authorities are still needed, he said.

"One has to be very cautious," Leonard said, "even as we have seen substantial declines in the overall levels of default and foreclosure."

alejandro.lazo@latimes.com

andrew.khouri@latimes.com

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Google Tells Cops to Get Warrants for User E-Mail, Cloud Data

Google demands probable-cause, court-issued warrants to divulge the contents of Gmail and other cloud-stored documents to authorities in the United States — a startling revelation Wednesday that runs counter to federal law that does not always demand warrants.

The development surfaced as Google publicly announced that more than two-thirds of the user data Google forwards to government agencies across the United States is handed over without a probable-cause warrant.

A Google spokesman told Wired that the media giant demands that government agencies — from the locals to the feds — get a probable-cause warrant for content on its e-mail, Google Drive cloud storage and other platforms — despite the Electronic Communications Privacy Act allowing the government to access such customer data without a warrant if it’s stored on Google’s servers for more than 180 days.

“Google requires an ECPA search warrant for contents of Gmail and other services based on the Fourth Amendment to the Constitution, which prevents unreasonable search and seizure,” Chris Gaither, a Google spokesman, said.

Some of the customer data doled out without a warrant include names listed when creating Gmail accounts, the IP address from where the account was created, and where and what time a user signs in and out of an account. What’s more, Google hands over without warrants the IP address associated with a particular e-mail sent from a Gmail account or used to change the account password, in addition to the non-content portion of e-mail headers such as the “from,” “to” and “date” fields.

It was not immediately known whether other ISPs are traveling Google’s path when it comes to demanding probable-cause warrants for all stored content. But Google can seemingly grant more privacy than the four corners of the law allows because there’s been a string of conflicting court opinions on whether warrants are required for data stored on third-party servers longer than 180 days. The Supreme Court has never weighed in on the topic — and the authorities are seemingly abiding by Google’s rules to avoid a high court showdown.

The Electronic Communications Privacy Act of 1986, the relevant law in question, was adopted at a time when e-mail wasn’t stored on servers for a long time, but instead was held there briefly on its way to the recipient’s inbox. In the 1980s, e-mail more than 6 months old was assumed abandoned, and therefore ripe for the taking without a probable-cause warrant.

That law is still on the books today, even as the advancement of technology has undermined its original theory.

But clearly, changing the law to comport with Google’s interpretation has been met with unreceptive members of Congress.

The Senate Judiciary Committee approved a measure last year mirroring Google’s interpretation, but the bill died a quiet death. Moves to change the law have been scuttled over and again.

For now, under the letter of the ECPA law, the government only needs to show that it has “reasonable grounds to believe” e-mail and other documents stored in the cloud for more than 180 days would be useful to an investigation.

Gaither, the Google spokesman, did not know when Google began demanding warrants. But there were two federal appellate decisions on the topic rendered 2010, one requiring a warrant for content and another saying federal judges had the discretion to demand one.

Meantime, Google released Wednesday its so-called “Transparency Report” shedding light on government requests for data. Globally, the United States again ranked No. 1 in terms of demands for Google customer data. India, France, Germany, the United Kingdom and Brazil were trailing in that order.

The figures for the first time provide a brief outline on whether data was handed over with or without a court warrant — a praiseworthy move we’ve been agitating for at Threat Level following the report’s inception. Google first began releasing its Transparency Report in 2009.

Google offers e-mail, cloud storage, a blogging platform, a phone and texting platform, web search and other services.

The data Google is coughing up to the authorities includes e-mail and text-messaging communications, cloud-stored documents and, among other things, browsing activity, and even IP addresses used to create an account.

In all, agencies across the United States demanded 8,438 times that Google fork over data on some 14,791 accounts for the six-month period ending December 2012. Probable-cause search warrants were issued in 1,896 of the cases. Subpoenas, which require the government to assert that the data is relevant to an investigation, were issued 5,784 times. Google could not quantify the remaining 758.

Google’s transparency data is limited as it does not include requests under the Patriot Act, which can include National Security Letters with gag orders attached. Nor do the data include anti-terrorism eavesdropping court orders known as FISA orders or any dragnet surveillance programs legalized in 2008, as those are secret, too. In all those instances, probable-cause warrants generally are not required, even for customer content stored in Google’s servers.

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Adele to perform Bond theme song “Skyfall” live at Oscars

LONDON (Reuters) – British singer Adele will return to the stage next month after a year absence to perform her Oscar-nominated song “Skyfall” at the 85th Academy Awards, the show’s producers said on Wednesday.

The theme tune to the latest James Bond movie was written by Adele and Paul Epworth. It is the first Bond theme to be nominated for the original song award at the Oscars since “For Your Eyes Only” in 1981.

The February 24 show will be Adele’s first live performance since the Grammy Awards last April and the first time she will perform “Skyfall” live, as she has kept a low profile since giving birth to a son last October.

“It’s an honor to be nominated and terrifyingly wonderful to be singing in front of people who have captured my imagination over and over again,” Adele, 24, said in a statement.

“It’s something I’ve never experienced and probably only ever will once!”

She was in Hollywood last month to pick up the Golden Globe for the best original song prize for “Skyfall”.

Adele’s album “21″ scored the rare feat in December of topping all U.S. album sales for the second straight year. She records on the indie record label XL.

(Reporting by Belinda Goldsmith; editing by Patricia Reaney)

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Well: Long Term Effects on Life Expectancy From Smoking

It is often said that smoking takes years off your life, and now a new study shows just how many: Longtime smokers can expect to lose about 10 years of life expectancy.

But amid those grim findings was some good news for former smokers. Those who quit before they turn 35 can gain most if not all of that decade back, and even those who wait until middle age to kick the habit can add about five years back to their life expectancies.

“There’s the old saw that everyone knows smoking is bad for you,” said Dr. Tim McAfee of the Centers for Disease Control and Prevention. “But this paints a much more dramatic picture of the horror of smoking. These are real people that are getting 10 years of life expectancy hacked off — and that’s just on average.”

The findings were part of research, published on Wednesday in The New England Journal of Medicine, that looked at government data on more than 200,000 Americans who were followed starting in 1997. Similar studies that were done in the 1980s and the decades prior had allowed scientists to predict the impact of smoking on mortality. But since then many population trends have changed, and it was unclear whether smokers today fared differently from smokers decades ago.

Since the 1960s, the prevalence of smoking over all has declined, falling from about 40 percent to 20 percent. Today more than half of people that ever smoked have quit, allowing researchers to compare the effects of stopping at various ages.

Modern cigarettes contain less tar and medical advances have cut the rates of death from vascular disease drastically. But have smokers benefited from these advances?

Women in the 1960s, ’70s and ’80s had lower rates of mortality from smoking than men. But it was largely unknown whether this was a biological difference or merely a matter of different habits: earlier generations of women smoked fewer cigarettes and tended to take up smoking at a later age than men.

Now that smoking habits among women today are similar to those of men, would mortality rates be the same as well?

“There was a big gap in our knowledge,” said Dr. McAfee, an author of the study and the director of the C.D.C.’s Office on Smoking and Public Health.

The new research showed that in fact women are no more protected from the consequences of smoking than men. The female smokers in the study represented the first generation of American women that generally began smoking early in life and continued the habit for decades, and the impact on life span was clear. The risk of death from smoking for these women was 50 percent higher than the risk reported for women in similar studies carried out in the 1980s.

“This sort of puts the nail in the coffin around the idea that women might somehow be different or that they suffer fewer effects of smoking,” Dr. McAfee said.

It also showed that differences between smokers and the population in general are becoming more and more stark. Over the last 20 years, advances in medicine and public health have improved life expectancy for the general public, but smokers have not benefited in the same way.

“If anything, this is accentuating the difference between being a smoker and a nonsmoker,” Dr. McAfee said.

The researchers had information about the participants’ smoking histories and other details about their health and backgrounds, including diet, alcohol consumption, education levels and weight and body fat. Using records from the National Death Index, they calculated their mortality rates over time.

People who had smoked fewer than 100 cigarettes in their lifetimes were not classified as smokers. Those who had smoked at least 100 cigarettes but had not had one within five years of the time the data was collected were classified as former smokers.

Not surprisingly, the study showed that the earlier a person quit smoking, the greater the impact. People who quit between 25 and 34 years of age gained about 10 years of life compared to those who continued to smoke. But there were benefits at many ages. People who quit between 35 and 44 gained about nine years, and those who stopped between 45 and 59 gained about four to six years of life expectancy.

From a public health perspective, those numbers are striking, particularly when juxtaposed with preventive measures like blood pressure screenings, colorectal screenings and mammography, the effects of which on life expectancy are more often viewed in terms of days or months, Dr. McAfee said.

“These things are very important, but the size of the benefit pales in comparison to what you can get from stopping smoking,” he said. “The notion that you could add 10 years to your life by something as straightforward as quitting smoking is just mind boggling.”

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