Afghanistan Releases Detainees Ahead of Trip by Karzai to Washington

KABUL, Afghanistan — Just ahead of a trip to Washington by President Hamid Karzai, the Afghan government released 80 detainees on Friday, part of a continuing effort to assert its sovereignty over the contentious issue of how prisoners are handled.

American officials have long complained that the Afghans release prisoners too soon, raising the risk that many will return to the battlefield. Afghan officials counter that they are not legally allowed to detain people suspected of being insurgents without enough evidence to prosecute them, even if the Americans say they are too dangerous to release.

The releases stem from an agreement the Americans made to eventually transfer control of the Parwan Detention Facility, located at Bagram Air Base, to the Afghan government last March. Of the thousands of prisoners captured by American forces who have come under Afghan control, close to 1,000 have been released over the last year.

But Friday was a rare instance when the government made a public spectacle of releasing a large number together. A fleet of local television journalists lined up to film the ceremony, where the prisoners, dressed in new brown, yellow and blue shalwars, embraced family members most had not seen in more than a year.

“The Afghan government is not trying to open the gates of its prisons and release all prisoners,” said Gen. Ghulam Farooq, the superintendent of the Bagram Prison, which holds about 3,000 prisoners. “Those who are found guilty will be punished, but those who are innocent should be released.”

But, he added, “we don’t know how many are guilty and how many are innocent,” a reference to the limited evidence that, Afghan officials contend, makes holding the prisoners impossible under Afghan law.

Despite the government’s upbeat ceremony, the transfer of the prison has become a considerable source of tension as the Americans prepare to withdraw and Afghans take on increasing control over security in the country. The United States halted the transfer of a handful of detainees in September, arguing that the Afghan government had not held up its end of the deal. Two months later, Mr. Karzai ordered Afghan forces to take control of the American-built prison, although that has still not happened entirely.

On Friday, General Farooq dismissed the notion that the release of the detainees was contentious, saying it was part of the plan all along.

“The Afghan government and the Americans agreed that Americans would hand all prisoners to the Afghan government and that we would make a decision about keeping and releasing them based on the enforced laws of Afghanistan,” said General Farooq. “It is a 100 percent Afghan process, and the Americans don’t have any problem with it. They are not involved in it at all.”

American officials have disputed the Afghan interpretation of the agreement to handover the prison, arguing that the American military authorities have veto power over who is released. To date, Americans have not transferred all of the Afghan prisoners they are holding to government control. In addition, newly captured Afghan prisoners are being kept in American custody, a procedure the Afghans have disputed.

In the last year, 570 detainees have been released following acquittal in Afghan courts. Another 485 are in the process of being released, or have been released already, after a bilateral board of Afghans and Americans determined that there was not enough evidence to prosecute them. On Saturday, the government expects to release another 131 prisoners.

Some Western officials believe that the move by the Afghan government is designed to encourage reconciliation with insurgents to help put an end to the war. And by timing the move on the day before Mr. Karzai leaves for Washington to visit President Obama, it also highlights his independence as a leader.

“The main reason behind the release of these prisoners is to show the good intentions of the Afghan government,” said General Farooq. “We hope that their release will strengthen peace and stability in the country.”

Judging by the response of family and friends of the prisoners, the government’s move was well calculated.

“The release of these prisoners will definitely have a positive impact on people’s relationship with the government,” said Haji Sangeen, 48, a truck driver from Paktia who came to collect 12 of the detainees who hailed from his village. “It will bring the distance between the government and people to a minimum.”

The released prisoners, for their part, were pleased with the result, if not their detention.

Mohammed Naib, 15, from Logar Province, said he was arrested during a night raid at his madrassa when he was just 13.

“How would you feel if someone put you in jail for two years without even telling why they have arrested you,” he asked. “ I am happy that they have decided to release us, but my rights have been disregarded. Even if they give me the entire world they won’t be able to restore my dignity.”

After the ceremony concluded, the prisoners and their relatives went to a pink mosque nearby for lunch. They gathered in groups, chatting with one another and laughing, an air of jubilance filling the room. Some of the relatives started calling family members of the prisoners and handing the phones over to them to talk.

Abdullah, 32, also from Logar, said that he was arrested with his two brothers during a night raid about 20 months ago.

“They arrested me because I was the imam of our mosque, and they accused me of harboring insurgents,” he said. “But they couldn’t prove it.”

Like most other released detainees, Abdullah, who uses a single name, denied ever having aided the Taliban.

“I am not going to join the Taliban because I do not see a reason for that,” he said. “I will try to live a normal life, but I will not support the government or American efforts because I do not see a reason for that either.”

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“GameStick” Will Be the Size of a USB Memory Stick, Plug into Your TV

When the Ouya game console (scheduled to launch in April) made headlines last year, it was for three reasons. One, its size and price — the $ 99 box, which plugs into a TV, is the size of a Rubik’s cube. Two, its choice of operating system — it runs the same Android OS which powers smartphones and tablets. And three — its rise to fame on Kickstarter, where it shattered records and received millions of dollars in funding not from venture capitalists, but from gamers who wanted to see it made.

Now GameStick, “The Most Portable TV Games Console Ever Created,” is preparing to make a name for itself in exactly the same ways. Except that in some of them, it surpasses the Ouya.

Not even a set-top box

Up to this point, pretty much all home game consoles have been a box that sits on your shelf and plugs in to your TV. (Some PCs even do this these days.)

The GameStick, on the other hand, is about the size of a USB memory stick or a tube of lip balm. It plugs into a TV’s HDMI port, and connects to a wireless controller (or even a mouse and keyboard) via Bluetooth. It “works with any Bluetooth controller supporting HID,” and will come with its own small gamepad, which features twin analog sticks and a slot to put the GameStick itself inside when not in use.

Do we know if it works yet?

GameStick’s creators showed off pictures of a nonworking “Mark 1 Prototype Model,” and posted video of a “Reference Board” actually playing games while plugged into a television. This was a roughly USB-stick-sized circuit board, which lacked an outer case.

The reference unit had wires coming out of it, but the GameStick FAQ explains that on new, “MHL compliant TVs” it can draw power straight from the HDMI port, in much the same way that many USB devices are powered by a USB connection. A USB connector cable will be supplied with GameStick just in case, and “there will also be a power adapter.”

What about the games?

The GameStick reference unit was playing an Android game called Shadowgun, an over-the-shoulder third-person shooter which is considered technically demanding by Android device standards.

GameStick’s creators say “We have some great games lined up already,” and AFP Relax confirms that it has roughly the same internal specs as the Ouya, plus a lineup at launch of about a dozen games including several AAA Android titles.

How much will it cost, and when will it be out?

GameStick is available for preorder now from its Kickstarter page for $ 79. (The price includes the controller as well.) It has an estimated delivery date of April if the project is fully funded — and with 28 days to go, it had more than reached its $ 100,000 goal.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.

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Reid arrives in KC, nears deal to become coach

KANSAS CITY, Mo. (AP) — Andy Reid arrived in Kansas City on Friday, and the Chiefs are close to making an official announcement that he will become their next coach.

Reid and the Chiefs have reportedly agreed to a deal giving the longtime Eagles coach broad authority over football decisions. His deal came hours after the Chiefs announced they had parted with general manager Scott Pioli after four tumultuous seasons.

Reid inherits a team that went 2-14, matching the worst record in franchise history. But he'll also have the No. 1 pick in the NFL draft, and with five players voted to the Pro Bowl, Kansas City has building blocks in place to make a quick turnaround.

While Reid will have authority in personnel decisions, it's expected that he will pursue longtime Packers personnel man John Dorsey to work with him as general manager.

Reid takes over for Romeo Crennel, who was fired Monday after one full season.

The Chiefs first interviewed Reid for about nine hours in Philadelphia on Wednesday, and then spent much of Thursday working out the details before coming to an agreement.

The addition of Reid and the departure of Pioli should help to stabilize a team that was expected to contend for the AFC West title but instead floundered all season.

Reid has experience turning around franchises, too.

He took over a team in Philadelphia that was just 3-13, but two years later went 11-5 and finished second in the NFC East. That began a stretch of five straight years in which Reid won at least 11 games and included a trip to the Super Bowl after the 2004 season.

During his tenure, the Eagles made nine playoff appearances, while Kansas City made three, and won 10 playoff games — something the Chiefs haven't done since 1993. Meanwhile, the Chiefs cycled through five head coaches and are now on their third in three years.

"Overall the job is still attractive," said Chiefs chairman Clark Hunt, who led the search for Crennel's replacement. "The franchise remains very well respected."

The fresh start afforded by the Chiefs should be welcomed by Reid.

Despite a 130-93-1 record and the most wins in Eagles history, he was just 12-20 the past two seasons. Reid also dealt with personal tragedy when his oldest son, Garrett, died during training camp after a long battle with drug addiction.

Reid will have more authority in Kansas City than any previous coach.

Hunt told The Associated Press this week that he was changing the Chiefs' organizational structure so that the coach and general manager report directly to him. Since his late father Lamar founded the team 53 years ago, the coach typically reported to the general manager.

The Chiefs issued a statement Friday that said they had "mutually parted ways" with Pioli after a four-year tenure marked by poor draft choices, ineffective free-agent moves, his own failed coaching hires and a growing fan rebellion.

"The bottom line is that I did not accomplish all of what I set out to do," Pioli said. "To the Hunt family — to the great fans of the Kansas City Chiefs — to the players, all employees and alumni, I truly apologize for not getting the job done."

Most of the Chiefs' top stars were drafted by Pioli's predecessor, Carl Peterson. The former Patriots executive struggled to find impact players, particularly at quarterback, while cycling through coaches and fostering a climate of dread within the entire organization.

Numerous longtime staff members were fired upon Pioli's arrival, and his inability to connect with fans resulted in unprecedented unrest. Some fans even paid for multiple banners to be towed behind planes before home games asking that he be fired.

On Dec. 1, linebacker Jovan Belcher shot the mother of his 3-month-old daughter, Kasandra Perkins, at a home not far from Arrowhead Stadium. Belcher then drove to the team's practice facility and shot himself in the head as Pioli and Crennel watched in the parking lot.

Pioli hasn't spoken publicly since the incident.

The three-time NFL executive of the year, all with New England, often spoke of putting together "the right 53," but he failed to do so, and now it falls on Reid and his staff to finish the job.

The most glaring position of need is quarterback.

Matt Cassel has two years left on a $63 million, six-year deal, but he played so poorly this season that he was benched in favor of Brady Quinn, who is now a free agent.

It's expected that the Chiefs will pursue a veteran quarterback while also choosing one in the draft, giving Reid options in training camp. Reid has had success working with young quarterbacks, including Brett Favre in Green Bay and Donovan McNabb in Philadelphia.

Decisions will also have to be made about left tackle Branden Albert, wide receiver Dwayne Bowe and even Pro Bowl punter Dustin Colquitt, all of whom can become free agents.

___

Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

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F.D.A. Offers Rules to Stop Food Contamination

The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, taking a long-awaited step toward codifying the food safety law that Congress passed two years ago.

Nicole Bengiveno/The New York Times

A new rule imposed by the F.D.A. would establish different standards for ensuring the purity of water that touches fruits and vegetables.

The proposed rules represent a sea change in the way the agency polices food, a process that currently involves swinging into action after food contamination has been identified rather than protecting against it before it hits grocery shelves.

“These new rules really set the basic framework for a modern, science-based approach to food safety and shifts us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine at the F.D.A., said in an interview.

The F.D.A. is responsible for the safety of about 80 percent of the food that the nation consumes. The remainder of the burden falls to the Department of Agriculture, which is responsible for meat, poultry and some eggs. One in six Americans becomes ill from eating contaminated food each year, the government estimates; of those, roughly 130,000 are hospitalized and 3,000 die.

Congress passed the groundbreaking Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.

But it took the Obama administration two years to move the rules through the F.D.A., prompting accusations by advocates that the White House was more concerned about protecting itself from Republican criticism than about public safety.

Mr. Taylor said, however, that the delay was a function of the wide variety of foods that the rules had to encompass and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.

The first rule would require manufacturers of processed foods sold in the United States to identify, adopt and carry out measures to reduce the risk of contamination. Food companies also would be required to have a plan for correcting any problems that might arise and for keeping records that F.D.A. inspectors could use for audit purposes.

One such preventive measure might be the roasting of raw peanuts at a temperature guaranteed to kill salmonella bacteria, which has been a problem in nut butters in recent years. Roasted nuts might then be sequestered from incoming raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.

“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”

The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat the bacterial contamination that has arisen over the last decade, particularly from E. coli, a bacterium that is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.

Farmers would establish different standards for ensuring the purity of water that touches, say, lettuce leaves and the water used to saturate soil, which will only nourish plants through their roots.

A farm or plant where vegetables are packaged might, for example, add lavatories to ensure that workers do not urinate in fields and post signs similar to those in restaurants that remind employees to wash their hands.

The food industry cautiously applauded the arrival of the proposed rules, with most companies and industry groups noting that they would be poring over them and making comments as necessary in the coming weeks.

“Consumers expect industry and government to work together to provide Americans and consumers around the world with the safest possible products,” the Grocery Manufacturers Association said in a statement. “FSMA and its implementation effort can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal.”

The association noted that the F.D.A. will have to issue more than 50 regulations to fully carry out the new law.

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Wealth Matters: The End of a Decade of Uncertainty Over Gift and Estate Taxes

FOR many of the wealthy, the American Taxpayer Relief Act, passed this week by Congress, is aptly named.

For estate and gift taxes in particular, all but the richest of the rich will probably be able to protect their holdings from taxes, now that Congress has permanently set the estate and gift tax exemptions at $5 million (a level that will rise with inflation).

“You could say this eliminates the estate tax for 99 percent of the population, though I’ve seen figures that say 99.7 or 99.8,” said Richard A. Behrendt, director of estate planning at the financial services firm Baird and a former inspector for the Internal Revenue Service. “From a policy point of view, the estate tax is not there for raising revenue. It’s there for a check on the massive concentration of wealth in a few hands, and it will still accomplish that.”

And while Congress also agreed to increase tax rates on dividends and capital gains to 20 percent from 15 percent for top earners — in addition to the 3.8 percent Medicare surcharge on such earnings — the rates are still far lower than those on their ordinary income. For the earners at the very top, whose income comes mostly from their portfolios of investments, and not a paycheck like most of the rest of us, this is a good deal.

The estate tax, once an arcane assessment, has been in flux and attracting significant attention since 2001. That was when the exemption per person for the estate tax began to rise gradually from $675,000, with a 55 percent tax for anything above that amount, to $3.5 million in 2009 with a 45 percent tax rate for estates larger than that. Estate plans were written to account for the predictable increases in exemptions.

Then in 2010, contrary to what every accountant and tax lawyer I spoke to at the time believed would happen, the estate tax disappeared. Congress and President Obama could not reach an agreement on the tax. So that year, for the first time since 1916, Americans who died were not subject to a federal estate tax. (Their estates still paid state estate taxes, where they existed, and other taxes, including capital gains, on the value of the assets transferred.)

At the end of 2010, President Obama and House Speaker John A. Boehner reached an agreement that was just as unlikely as the estate tax expiring in the first place: the new exemption was $5 million, indexed to inflation, with a 35 percent tax rate on any amount over that, and it would last for two years. The taxes and exemptions for gifts made during someone’s lifetime to children and grandchildren were also raised to the same level, from $1 million and a 55 percent tax above that.

As I have written many times, this was a far better rate and exemption than anyone expected. It also created a deadline of Dec. 31, 2012, for people who could make a major gift up to the exemption level or above the amount and pay the low gift tax.

Using the gift exemption was enticing because it meant those assets would appreciate outside of the estate of the person making the gift. Even paying the tax became attractive to the very rich because of how estate and gift taxes are levied. Take, for example, someone who has used up his exemption and wants to give an heir $1 million. The amount it would take to accomplish this differs depending on when it is given. In life, it would cost $1.4 million because the 40 percent gift tax is paid like a sales tax. If it was given after death, the estate would have to set aside about $1.65 million after the 40 percent estate tax was deducted. But this presented a conundrum: while it may make perfect sense to give away a lot of money during your lifetime and save on estate taxes, it means ceding control of cash, securities or shares now. What if you end up needing them? It wasn’t an easy decision, and it led to a fourth-quarter rush.

As of this week, this is no longer an issue. The estate and gift tax exemptions are permanently set at the same $5 million level, indexed for inflation, and the tax rate above that exemption is 40 percent, up from 35 percent. With indexing, the exemption is already about $5.25 million per person — double for a couple — and it will rise at a rate that means most Americans will continue to avoid paying any federal estate tax.

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Attacks in Iraq Kill at Least 32 Pilgrims

BAGHDAD — Attackers killed at least 32 pilgrims in Iraq on Thursday, the police said, in what appeared to be a spate of sectarian-motivated violence as the country continued to struggle with a political crisis in its fractured government.

At the culmination of one of Shiite Islam’s holiest rituals, at least 28 people were killed and 35 were wounded when a car bomb exploded in central Musayyib, a police official in Babil Province said. The apparent targets were pilgrims returning from the holy city of Karbala, where Shiites observe the end of the 40-day annual mourning period for the death of Imam Hussein ibn Ali, a grandson of the Prophet Muhammad.

In another attack in southeast Baghdad, a roadside bomb exploded as a minibus carrying Shiite pilgrims passed, killing 4 people and wounding 15, the police said.

The Shiite pilgrimage to commemorate the imam’s death, banned while Saddam Hussein ruled Iraq, has flourished since the American-led invasion overthrew him in 2003. Millions travel to Karbala, where the imam is buried, or to neighboring areas each year. Attacks on the pilgrims reflect some of the sectarian frictions that have plagued Iraq in recent years. At least 27 people were killed in 2010; about 52 in 2011; and 53 in 2012 in attacks related to the pilgrimage.

Tensions have mounted in recent weeks with demonstrations in Sunni-dominated areas against the Shiite-dominated government of Prime Minister Nuri Kamal al-Maliki. On Thursday, protesters in Ramadi continued to block some main trade routes leading to Syria and Jordan, and there were demonstrations in Salahuddin and Kirkuk as well.

Some progress may have been achieved this week on one of the demonstrators’ demands. A Justice Ministry official said Thursday that a committee instructed by Mr. Maliki to investigate the cases of female prisoners announced that 11 of them would be released, in addition to 2 teenagers. Other female prisoners will be transferred to locations in their home provinces.

It was not clear whether the steps would do much to calm tempers inflamed after a raid last month by security forces on the office and home of the Sunni finance minister, Rafie al-Issawi, and the arrest of 10 bodyguards, fueling accusations that Mr. Maliki was moving to monopolize power and sideline his political opponents before provincial elections scheduled for the spring.

Sadoun Obeid al-Shalan, the deputy chairman of the provincial council in Anbar, where most of the protests have been held, said that three of the released detainees were from that province. “The protesters have welcomed the initiative and demanded the release of the others,” he said.

Mr. Maliki, who appeared on state television on Thursday marching alongside some of the Shiite pilgrims, told demonstrators this week to stop their protests or face government action, saying they had been exploited by various groups for their own interests to the detriment of national unity. His critics, including the Shiite leader Moktada al-Sadr, have said that Mr. Maliki alone is responsible for provoking the unrest.

The speaker of Iraq’s Parliament, Osama al-Nujaifi, lashed out in a statement on Thursday against what he called Mr. Maliki’s threats, saying that “the people” were Iraq’s highest authority after the end of the former government.

Yasir Ghazi reported from Baghdad, and Christine Hauser from New York.

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Samsung and Apple are still the only winners in the mobile market

The duopoly of the U.S. mobile market intensified dramatically in 2012. Despite increased efforts from Motorola, LG (066570), HTC (2498), Nokia (NOK) and Microsoft (MSFT) to gain market share, Samsung (005930) and Apple (AAPL) continue to steal customers away from every other company. During a three-month period ending in November, comScore found that Samsung’s lead in the U.S. smartphone market increased 1.2 percentage points for a controlling 26.9% share. Apple’s smartphone market share grew from 17.1% to 18.5%, gaining 1.4 points following the launch of the iPhone 5. Rounding out the top-five were LG, Motorola and HTC, all of which saw their market shares decrease from August. LG fell 0.7 points to 17.5%, Motorola dropped 0.8 points to 10.4% and HTC’s market share decreased from 6.3% to 5.9%.

[More from BGR: Samsung confirms plan to begin inching away from Android]

[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]

The research firm found that 123.3 million people in the U.S. owned smartphones during the period, an increase of 6% since August. A majority of devices, 53.7%, were powered by Google’s (GOOG) Android operating system, which saw growth of 1.1 percentage points. Apple’s iOS market share increased 0.7 percentage points to 35%.

2012 was a transitional year for Research in Motion (RIMM) and Microsoft. Both companies spent most of the year preparing new operating systems. RIM will unveil its BlackBerry 10 operating system later this month and devices powered by Windows Phone 8 launched this past November. As a result, both companies saw lost share toward the end of 2012; RIM’s BlackBerry platform ranked third with a 7.3% share, down from 8.3% in August, and Microsoft’s operating system dropped 0.6 percentage points to a 3% share of the market.

This article was originally published by BGR

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NHL, union briefly resume labor talks

NEW YORK (AP) — After a long night of talks, the NHL and the union returned to the bargaining table, but not for long.

The sides met at the league office Thursday about three hours later than scheduled. The players' association said it had been updating members on negotiations.

Players and union staff began arriving at NHL headquarters a little before 1 p.m. EST, although executive director Donald Fehr wasn't with them. The group left the building about an hour later but expected to return later in the day.

With the lockout in its 110th day, both sides understand the urgency to save a shortened season. They have several key issues to work out — pensions and salary cap limits, among them.

Commissioner Gary Bettman has said a deal needs to be in place by next week so a 48-game season can begin Jan. 19. All games through Jan. 14 along with the All-Star game have been canceled, claiming more than 50 percent of the original schedule.

The sides met in small groups throughout the day Wednesday. They held a full bargaining session with a federal mediator at night that lasted nearly five hours and ended about 1 a.m. Thursday.

The biggest detail to emerge was that Fehr remains executive director of the players' association, which passed on its first chance to declare a disclaimer that would dissolve the union and turn it into a trade association.

Last month, players voted overwhelmingly to give its executive board the right to declare the disclaimer, but that permission expired at midnight Wednesday. The disclaimer would allow individual players to file antitrust lawsuits against the NHL. Fehr wouldn't address the issue, calling it an "internal matter."

"The word disclaimer has yet to be uttered to us by the players' association," Bettman said. "It's not that it gets filed anywhere with a court or the NLRB. When you disclaim interest as a union, you notify the other side. We have not been notified and it's never been discussed, so there has been no disclaimer."

It was believed the union wouldn't take action Wednesday if it saw progress. Neither side would characterize the talks or say if there was any movement toward common ground.

"There's been some progress but we're still apart on a number of issues," Bettman said. "As long as the process continues I am hopeful."

In a related move, the NHLPA filed a motion in federal court in New York on Thursday seeking to dismiss the league's suit to have the lockout declared legal. The NHL sued the union in mid-December, figuring the players were about to submit their own complaint against the league and possibly break up their union to gain an upper hand.

But the union argued that the NHL is using this suit "to force the players to remain in a union. Not only is it virtually unheard of for an employer to insist on the unionization of its employees, it is also directly contradicted by the rights guaranteed to employees under ... the National Labor Relations Act."

A deal can't be done without a resolution on pensions. Bettman called the pension plan a "very complicated issue." A small group meeting on the pension issue was held Wednesday morning before the players' association presented its offer.

"The number of variables and the number of issues that have to be addressed by people who carry the title actuary or pension lawyer are pretty numerous and it's pretty easy to get off track. That is something we understand is important to the players."

The union's proposal Wednesday makes four offers between the sides since the NHL restarted negotiations Thursday with a proposal. The league presented the players with a counteroffer Tuesday night in response to one the union made Monday.

Fehr believed an agreement on a players-funded pension had been reached before talks blew up in early December. That apparently wasn't the case, or the NHL has changed its offer regarding the pension in exchange for agreeing to other things the union wanted.

The salary-cap number for the second year of the deal — the 2013-14 season — hasn't been established, and it is another point of contention. The league is pushing for a $60 million cap, while the union wants it to be $65 million.

In return for the higher cap number players would be willing to forgo a cap on escrow.

"We talk about lots of things and we even had some philosophical discussions about why particular issues were important to each of us," Bettman said. "That is part of the process."

The NHL proposed in its first offer Thursday that pension contributions come out of the players' share of revenues, and $50 million of the league's make-whole payment of $300 million will be allocated and set aside to fund potential underfunding liabilities of the plan at the end of the collective bargaining agreement.

Last month, the NHL agreed to raise its make-whole offer of deferred payments from $211 million to $300 million as part of a proposed package that required the union to agree on three nonnegotiable points. Instead, the union accepted the raise in funds, but then made counterproposals on the issues the league stated had no wiggle room.

"As you might expect, the differences between us relate to the core economic issues which don't involve the share," Fehr said of hockey-related revenue, which likely will be split 50-50.

The NHL is the only North American professional sports league to cancel a season because of a labor dispute, losing the 2004-05 campaign to a lockout. A 48-game season was played in 1995 after a lockout stretched into January.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Deepwater Horizon Owner Settles With U.S. Over Oil Spill in Gulf of Mexico

The driller whose floating Deepwater Horizon oil rig blew out in 2010 to cause the nation’s biggest oil spill has agreed to settle civil and criminal claims with the federal government for $1.4 billion, the Justice Department announced Thursday.

The Deepwater Horizon exploded, burned and sank in April 2010. Eleven men were killed and millions of gallons of oil flowed into the Gulf of Mexico and fouled the shores of coastal states. The Macondo well was owned by British oil giant BP, which settled its own criminal charges and some of its civil charges in November for $4.5 billion.

While this settlement resolves the government’s claims against Transocean, that company and the others involved in the spill still face the sprawling, multistate civil case, which is scheduled to begin in February in New Orleans. In a deal filed in federal court in New Orleans, a subsidiary, Transocean Deepwater, agreed to one criminal misdemeanor violation of the Clean Water Act and will pay a fine of $100 million. Over the next five years, the company will pay record civil penalties of $1 billion under the act. Transocean also agreed to pay the National Academy of Sciences and the National Fish and Wildlife Foundation $150 million each. Those funds will be applied to oil spill prevention and response in the Gulf of Mexico and natural resource restoration projects. The agreement will be subject to public comment and court approval. The company agreed to five years of monitoring of its drilling practices and improved safety measures.

In a statement, Transocean Ltd., the Switzerland-based parent of the rig owner, said that the company thought these were “important agreements” and called them a “positive step forward” that were “in the best interest of its shareholders and employees.” Of the 11 men killed on the rig, the company said, “Their families continue to be in the thoughts and prayers of all of us at Transocean.”

The company announced in September that it had set an “estimated loss contingency” of $1.5 billion against the Justice Department’s claims.

Shares of Transocean Ltd. rose nearly 3 percent on the news, to close at $49.20.

In a statement, Lanny A. Breuer, assistant attorney general for the Justice Department’s Criminal Division, seemed to suggest that Transocean played a subservient and lesser role in the disaster to that of BP: “Transocean’s rig crew accepted the direction of BP well site leaders to proceed in the face of clear danger signs — at a tragic cost to many of them.” He said that the $1.4 billion “appropriately reflects its role in the Deepwater Horizon disaster.”

Under a law passed last year, 80 percent of the penalty will be applied to projects for restoring the environment and economies of Gulf states.

That fact was applauded by a coalition of Gulf coast restoration groups, including the Environmental Defense Fund and the National Audubon Society. A joint statement called this “a great day for the Gulf environment and the communities that rely on a healthy ecosystem for their livelihoods.”

Still, the penalty struck some experts in environmental law as somewhat light. David M. Uhlmann, who headed the Justice Department’s environmental crimes section from 2000 to 2007, praised the size of the civil settlement, which he said “reflects the scope of the Gulf oil spill tragedy.”

He argued, however, that the criminal penalty should have been at least as onerous, “given Transocean’s numerous failures to drill in a safe manner, which cost 11 workers their lives and billions of dollars in damages to communities along the Gulf.” The settlement, he said, should have included seaman’s manslaughter charges, which were part of the BP settlement.

As for the company’s role in following the lead of BP, he said, “following orders is not a defense to criminal charges.”

At the Environmental Protection Agency, Cynthia Giles, assistant administrator for the office of enforcement and compliance assurance, called the settlement “an important step” toward holding Transocean and others involved in the spill accountable. “E.P.A. will continue to work with D.O.J. and its federal partners to vigorously pursue the government’s claims against all responsible parties and ensure that we are taking every possible step to restore and protect the Gulf Coast ecosystem,” she said.

The multistate trial over claims in the Deepwater Horizon cases that have not been settled are scheduled to begin in February. Stephen J. Herman and James P. Roy, lawyers who represent the steering committee of plaintiffs in the cases, said that Thursday’s settlement did not change the case, and that the plaintiffs thought that BP, Transocean and Halliburton “will be found grossly negligent” at trial.

For its part, BP continued its longstanding argument that the accident, in the words of the spokesman Geoff Morrell, “resulted from multiple causes, involving multiple parties,” and that other companies had to shoulder their share of the blame. Transocean, Mr. Morrell said in a statement, “is finally starting, more than two-and-a-half years after the accident, to do its part for the Gulf Coast.” He then turned his attention to the other major contractor on the well, and said, “Unfortunately, Halliburton continues to deny its significant role in the accident, including its failure to adequately cement and monitor the well.”

Beverly Blohm Stafford, a Halliburton spokeswoman, said that the company “remains confident that all the work it performed with respect to the Macondo well was completed in accordance with BP’s specifications for its well construction plan and instructions,” and so Halliburton, she said was protected from liability through indemnity provisions of its drilling contract. “We continue to believe that we have substantial legal arguments and defenses against any liability and that BP’s indemnity obligation protects us,” she said. “Accordingly we will maintain our approach of taking all proper actions to protect our interests.”

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