Porn producer sues to overturn L.A. County condom requirement for actors

By Rong-Gong Lin II

January 11, 2013, 11:45 a.m.

Adult film producer Vivid Entertainment is seeking to overturn the newly passed Los Angeles County ballot measure requiring porn performers to wear condoms during filming.

The lawsuit was filed in federal court Friday on behalf of Vivid, one of the nation’s most prominent adult film makers, along with two porn performers. The suit argues that the condom-porn measure violates the 1st Amendment protection of free expression. The ballot measure was passed with 57% of the vote in November.

The new ordinance “imposes an intolerable burden on the exercise of rights under the First Amendment,” the suit says.

The suit also says that the county measure is preempted by California state law and regulations.

Supporters of the condom requirement, led by the AIDS Healthcare Foundation, have said the regulation seeks to protect the health and safety of porn performers from HIV and other sexually transmitted disease, and does not seek to infringe on free speech rights. Supporters of a condom requirement have said filmmakers could digitally remove images of condoms from films. Porn producers say such a requirement would be cost prohibitive.  

The condom requirement became effective in December, but the county has not yet established a way to the enforce the law.

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Obama OKs Netflix-to-Facebook Sharing as E-mail Privacy Reform Falters

President Barack Obama signed legislation Thursday granting the public the right to automatically display on their Facebook feeds what they’re watching on Netflix.

It’s great news for those wanting to flood their Facebook feeds with whatever time-suck they’re watching. But it’s bad news for privacy. Lawmakers cut from the legislative package language requiring the authorities to get a warrant to read your e-mail or other data stored in the cloud.

What did sail through was the tinkering of the Video Privacy Protection Act, (.pdf) which had outlawed the disclosure of video rentals unless the consumer granted consent on a rental-by-rental basis. That prohibited Netflix customers from allowing their Facebook streams to automatically update with information about the movies they are viewing, though Spotify and other online music-streaming customers always could have consented to the automatic publication on Facebook of the songs to which they’re listening.

Congress adopted the Video Privacy Protection Act in 1988 after failed Supreme Court nominee Robert Bork’s video rental history was published by the Washington City Paper during confirmation hearings.

A feature in the Senate’s Netflix package — sweeping digital privacy protections requiring the government, for the first time, to get a probable-cause warrant to obtain e-mail and other content stored in the cloud — was removed at the last minute despite passing the Senate Judiciary Committee in November.

Left in the dust were reforms to the 1986 Electronic Communications Privacy Act. The reform package, introduced by Sen. Patrick Leahy (D-Vermont), would have nullified a provision that allows the government to acquire a suspect’s e-mail or other stored content from an internet service provider without showing probable cause that a crime was committed.

Currently, the government can obtain e-mail or other cloud documents without a warrant as long as the content has been stored on a third-party server for 180 days or more. The authorities only need to demonstrate, often via an administrative subpoena, that it has “reasonable grounds to believe” the information would be useful in an investigation.

Leahy has repeatedly sought to amend ECPA, but he finds little support for it among fellow lawmakers or with the Obama administration. So he pulled that feature from the Netflix legislation — and it easily won the president’s signature.

Look for the new Netflix sharing feature on Facebook soon. Look for reforms to ECPA when hell freezes over.

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‘Smash’ season debut sneak peek begins Monday

LOS ANGELES (AP) — NBC is giving viewers a sneak peek at the new season of “Smash.”

Starting next week, the first hour of the drama’s two-hour season debut can be seen online and in the air — where it will be screened on American Airlines flights.

The “Smash” preview will be available through several outlets, including NBC.com, Hulu, iTunes, Amazon and Xbox and on demand. It will be shown on American’s domestic flights starting Tuesday.

“Smash,” set in the world of New York theater, stars Debra Messing, Christian Borle and Angelica Huston. Guest stars this season include Jennifer Hudson.

The sophomore drama begins its second season Feb. 5 on NBC. “Smash” is a nominee at Sunday’s Golden Globe awards for best musical or comedy series.

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Doctor and Patient: When the Doctor Returns to Doctoring

Several years ago, a highly respected medical expert I had just met shared a little-known detail of his illustrious career: as a young doctor, he had stopped practicing medicine for a few years to homeschool his son.

His revelation took me completely by surprise. Doctors rarely talked about taking time off for fear that colleagues would assume them incompetent or in possession of some serious personal flaw.

I understood my colleagues’ hesitation because I always avoided bringing up my own decision to take a professional hiatus.

I had had a harrowing pregnancy, marked by bleeding that worsened anytime I operated. I stopped seeing patients soon after my first trimester and made the decision to extend that break after the birth of healthy twin daughters. But I did so without realizing just how difficult it would be to return.

In all the articles, essays and books on the growing trend among professionals to “opt out” of their careers, doctors, I would discover, remained strangely absent. While the lawyers, accountants, business executives and teachers seemed to ease back into their careers after a few years raising children, attending to their own or loved ones’ health issues or even pursuing entirely new careers, I couldn’t find answers to even my most basic questions. Did I need to be tested, proctored or re-trained? Would I work as an assistant, a doctor-in-training equivalent or a fully trained physician? Were there rules and “industry standards” I needed to pass in order to assure patients I was safe? And in the world of practicing doctors, would the time I spent away from medicine always remain “That-Period-Which-Shall-Not-Be-Named?”

Now, nearly a decade later, studies have shown that more doctors than ever are choosing to take time off, at least twice as many as in previous generations. But while these physicians have more company and support than their predecessors, returning to practice remains daunting in large part because of the persistent stigma. (Interestingly, most of the re-entry doctors I spoke to hesitated or declined to be quoted for this article.)

Although concerns about the competency of returning doctors are justified, the profession’s aversion to discussing the issue and reluctance even to recognize it has had perverse results. There are no national standards for doctors who want to return to clinical practice, only a helter-skelter set of hurdles, hoops and headaches.

“The safety net has big holes in it,” said Dr. Claudette Dalton, the former chair of the American Medical Association’s task force on re-entry who has interrupted her own medical career and re-entered clinical practice twice. For example, roughly half of all the state medical boards, including New York’s, have no policy for doctors attempting to return to clinical practice after an extended period of time away. But even in those states with requirements that range from mandatory completion of an official re-entry training program to passing a written exam, it’s unclear that such policies really do ensure competence. Research on physician re-entry is scarce; and no one really knows when time away begins to affect a doctor’s clinical skills and what might best remediate any deficiencies. Indeed, aside from a few surveys, little is even known about who the re-entering doctors are.

“Our profession needs to be able to reassure patients that the doctor they are seeing knows what he or she is doing and isn’t rusty and creaky like some unoiled door hinge,” Dr. Dalton said.

One particularly promising initiative is a mentored clinical program that slowly re-introduces doctors to practice. At the physician re-entry program at Cedars-Sinai Medical Center in Los Angeles, one of fewer than a dozen such programs throughout the country, re-entering doctors work with three different experienced senior physicians in their field, attend lectures, participate in teaching and work rounds, take call and progressively shoulder more responsibility. At the end of two or three months, the doctors submit to a rigorous exit interview, where they can be drilled on any of the cases they have seen.

Of the 14 doctors who have gone through the Cedars-Sinai program, 13 have successfully returned to practice. But with the costs for such programs ranging from $5,000 to $10,000 a month or more, many doctors cannot even consider enrolling in one even if their state licensing boards mandates them.

“We’ve had a blind spot when it comes to physician re-entry,” said Dr. Leo A. Gordon, who heads the Cedars-Sinai program, “even though it really should be part of the profession’s obligation, especially with the upcoming physician shortage.”

That doctor deficit is expected to surpass 100,000 physicians within the next 15 years. But according to the American Medical Association, at least 10,000 doctors each year are currently looking to return to clinical practice. Re-entry experts believe that these doctors, if successfully returned to practice, could not only help to alleviate the doctor shortage but would do so quickly.

“This is not a seven-year pipeline,” said Dr. Dalton, referring to the usual time required to educate and train a new doctor. “This is a 6-month to a year pipeline at most because a lot of those doctors when assessed could be perfectly fine.”

Although the A.M.A. and a few professional organizations like the American Academy of Pediatrics have increased their efforts to support returning physicians and create national standards, those initiatives will only falter without a major shift in the attitude of the profession itself.

“We have to realize that it’s not about abdicating your profession,” Dr. Dalton said. “It’s about having some sensibility about the priority in your life at a certain moment, then returning to your clinical roots and coming back to serve your profession.”

I have been back in clinical practice for several years now. My path of return was neither obvious nor straightforward, but I have always remained grateful to the doctor who oversaw my re-entry process. He and his colleagues willingly took me on, persisted in putting me through the paces and displayed an unfailing and contagious devotion to the highest standards of care.

Through it all, they understood that stopping working as a doctor temporarily to be a mother never meant I had stopped loving patient care.

---

Correction: The head of the Cedars-Sinair re-entry program is Leo A. Gordon, not Leo G. Gordon.

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France Near Deal to Simplify Labor Regulations

PARIS — French labor unions and business leaders appeared close to striking a deal Friday to make it easier to hire and fire employees in France’s notoriously rigid labor market. An accord would tame some of the most confounding rules in the 3,200-page labor code, as the country tries to increase its competitiveness and curb unemployment.

After weeks of sparring among the five major labor unions and the main employers’ lobby, both sides were edging toward a breakthrough that could pave the way for a series of changes that President François Hollande has said are needed to burnish France’s international allure as a place to do business.

Those ambitions were clouded recently by a series of high-profile episodes, including a recent government threat to nationalize an ArcelorMittal plant in northeastern France to preserve jobs. There was also the audacious decision during the past week by the French actor Gérard Depardieu to take Russian citizenship to escape a proposed 75 percent marginal tax rate on incomes of more than €1 million, or €1.3 million.

The labor measures expected to be cemented in the accord still being worked out late Friday would help address what Louis Gallois, Mr. Hollande’s investment commissioner, has dubbed a “two-speed” labor market in France. Under that system, employees on long-term contracts enjoy extensive, costly job protections and benefits, while temporary workers, whose ranks have surged to one-third of the French labor force, have minimal job security and relatively few benefits.

The changes under discussion would include giving employers more flexibility to reduce working hours in times of economic distress without incurring union strikes. High levels of compensation that courts can award to laid-off workers would be trimmed, and the five-year period that ex-employees now have to contest layoffs would be reduced.

In November, the government introduced a tax credit for companies, potentially worth a total of €20 billion, aimed at easing high employment costs.

In exchange, business negotiators on Friday agreed, as a concession to unions, to pay higher taxes for short-term work contracts. Two unions objected that the offer was not enough, a hitch that could still scuttle the talks. But if approved, that move would expand government coffers meant to support the unemployed, while also nudging employers toward favoring long-term contracts. Employers would also pay somewhat higher contributions for private health insurance.

But whether any of the changes, even if nailed down in a binding agreement, will come fast enough to fix France’s problems is an open question. Some economists now say that France could become the next sick man of Europe if it does not improve the environment for investment and hiring.

“Given the gap we still have between the level of labor market regulation in France and in countries like the United States, Britain and Ireland, it is very clear that when observers look at the outcome, they will say it’s a step in the right direction, but not enough,” said Dominique Barbet, the European economist for BNP Paribas in Paris.

“But we also need to keep in mind that in France, if you want to make reforms, you have to go through small steps first,” he said. “You can’t try to change the system overnight. That usually results in mass protests in the streets.”

Mr. Hollande’s government is expected to sign off on the deal. He has said it will help him keep a promise of reducing unemployment, now at a 13-year high of 10.7 percent, by the end of 2013. Youth unemployment is now around 25 percent.

Mr. Hollande sought the accord after Mr. Gallois issued a stark assessment of the French economy in November, saying the country needed a “competitiveness shock” that would require politicians to curb the “cult of regulation” that the Mr. Gallois said was choking business.

Under current labor rules, many entrepreneurs in France hesitate to hire large numbers of workers. Some employers even resort to operating several companies with no more than 49 employees each, instead of running larger ones that employ hundreds.

That is because after the 50th person is hired, a stack of new regulations come into play, including lengthy firing procedures even for underperforming employees, and requirements for numerous union representatives.

Temporary contracts fall on the other end of the scale: they are often lower-paid and offer far fewer protections, something that has alarmed French labor unions. More than 80 percent of new contracts now issued in France are short term, a trend that has grown steadily as employers turn to them to escape the costly rules protecting permanent workers.

Mr. Gallois’s report said that unless France relaxed its labor rules, the country would continue on an industrial decline that had destroyed more than 750,000 jobs in a decade and helped shrink France’s share of exports to the European Union to 9.3 percent from 12.7 percent. The report also called for cuts to a variety of business taxes used to pay for government and France’s expensive social safety net.

The International Monetary Fund in December warned that France needed to lift competitiveness or risk rising unemployment. Because of continued impediments in the functioning of labor and product markets, the fund added, French companies were earning lower profit margins than in other European countries, in turn affecting the ability of enterprises to invest and innovate.

While the impact of such changes will take time, France has already taken a series of steps that could help it skirt the worst in coming years. A fiscal consolidation begun in 2010 is continuing, in which tax increases and spending cuts are being applied to bring the overall budget deficit down to 3 percent of gross domestic product in 2013, from an estimated 4.5 percent in 2012.

The economy is expected to grow about 0.4 percent in 2013, according to the I.M.F.

“What’s most important is that France get an economic recovery,” said Mr. Barbet, of BNP Paribas. “If we don’t have that, people won’t hire no matter what the new labor rules are.”

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Irvine City Council overhauls oversight, spending on Great Park

Capping a raucous eight-hour-plus meeting, the Irvine City Council early Wednesday voted to overhaul the oversight and spending on the beleaguered Orange County Great Park while authorizing an audit of the more than $220 million that so far has been spent on the ambitious project.

A newly elected City Council majority voted 3 to 2 to terminate contracts with two firms that had been paid a combined $1.1 million a year for consulting, lobbying, marketing and public relations. One of those firms — Forde & Mollrich public relations — has been paid $12.4 million since county voters approved the Great Park plan in 2002.

"We need to stop talking about building a Great Park and actually start building a Great Park," council member Jeff Lalloway said.

The council, by the same split vote, also changed the composition of the Great Park's board of directors, shedding four non-elected members and handing control to Irvine's five council members.

The actions mark a significant turning point in the decade-long effort to turn the former El Toro Marine base into a 1,447-acre municipal park with man-made canyons, rivers, forests and gardens that planners hoped would rival New York's Central Park.

The city hoped to finish and maintain the park for years to come with $1.4 billion in state redevelopment funds. But that money vanished last year as part of the cutbacks to deal with California's massive budget deficit.

"We've gone through $220 million, but where has it gone?" council member Christina Shea said of the project's initial funding from developers in exchange for the right to build around the site. "The fact of the matter is the money is almost gone. It can't be business as usual."

The council majority said the changes will bring accountability and efficiencies to a project that critics say has been larded with wasteful spending and no-bid contracts. For all that has been spent, only about 200 acres of the park has been developed and half of that is leased to farmers.

But council members Larry Agran and Beth Krom, who have steered the course of the project since its inception, voted against reconfiguring the Great Park's board of directors and canceling the contracts with the two firms.

Krom has called the move a "witch hunt" against her and Agran. Feuding between liberal and conservative factions on the council has long shaped Irvine politics.

"This is a power play," she said. "There's a new sheriff in town."

The council meeting stretched long into the night, with the final vote coming Wednesday at 1:34 a.m. Tensions were high in the packed chambers with cheering, clapping and heckling coming from the crowd.

At one point council member Lalloway lamented that he "couldn't hear himself think."

During public comments, newly elected Orange County Supervisor Todd Spitzer chastised the council for "fighting like schoolchildren." Earlier this week he said that if the Irvine's new council majority can't make progress on the Great Park, he would seek a ballot initiative to have the county take over.

And Spitzer angrily told Agran that his stewardship of the project had been a failure.

"You know what?" he said. "It's their vision now. You're in the minority."

mike.anton@latimes.com

rhea.mahbubani@latimes.com

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Pressure-Sensitive Stylus Gives Starving iPad Artists Incredible Control

Designers have been waiting for a good pressure-sensitive stylus since the debut of the iPad. The Pogo Connect, on display at CES, looks to let them draw circles around the competition with hundreds of levels of sensitivity.

The Connect, roughly the size of a Sharpie marker, uses a proprietary pressure sensor in the pen’s nib to measure force and a Bluetooth 4.0 radio to convey the data to the iPad in real time. It’s a simple idea that requires near perfect execution and the Pogo Connect nails it.

In addition to releasing hardware, Ten One Design — the company behind the Pogo Connect, developed an SDK that has been implemented by Procreate, Paper by Fifty Three, Adobe Photoshop Touch, Sketchbook Pro and other app makers giving artists the ability to bring a responsive tool to already powerful apps.

The core feature is the ability to vary brush strokes dynamically in the software and the Connect does it well. With its advanced pressure sensitivity, it easily allows an artist to vary the weight of their stroke.

The Connect feels very solid and durable, but its coolest feature is an LED that shows which color is currently selected in the app. One of its few drawbacks is the large rubber nib, which feels imprecise upon initial use. Although it became more intuitive while we tested it, the team at Ten One notes that the tip is held in place with a magnet, and strongly hints that new types of nibs will be available soon.

The Pogo connect uses a AAA battery, which will provide months of use time. According to the company’s website, “Pogo Connect uses aggressive power-saving strategies. Standby mode doesn’t just last for months. It lasts for years.”

For designers, the comparison will always be to Wacom’s lust-worthy Cintiq drawing tablets and displays. The Connect’s drawing canvas is limited to the iPad’s 9.7 inch diagonal screen while the smallest Cintiq measures 12.1 inches. The Cintiq stylus also has fine nib point giving artists a greater feeling of control while the Connect’s rubber nib feels squishy by comparison. The Connect makes an ambiguous claim about “hundreds of levels” of pressure sensitivity versus the Cintiq’s explicitly calls our 1,024 levels. However, price makes a huge difference and makes up for many of these deficiencies; the Pogo Connect costs $79.95 while the Cintiq starts at $999.

Steve Jobs famously hated the idea of a stylus for the iPad, but the digital art community might find a lot to like in this one.

 Photos: Ten One Design

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Timberlake hints return to music in video

NEW YORK (AP) — Is Justin Timberlake bringing his music career back?

The superstar has concentrated almost exclusively on his acting career over the last few years. But on Thursday, he posted a video on his website that showed him walking into a studio, putting on headphones and saying: “I’m ready.”

Timberlake hasn’t made an album since 2006′s Grammy-winning “FutureSex/LoveSounds.” In the video, Timberlake is also heard saying that he obsesses over his music and doesn’t want to put music out that he doesn’t love — and that you have to wait for music you love.

Timberlake — who recently married longtime girlfriend Jessica Biel — has been in several movies, including “The Social Network,” ”Bad Teacher,” ”Friends With Benefits” and most recently “Trouble With the Curve.”

___

Online:

http://www.justintimberlake.com

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City Room: How Are You Warding Off the Flu?

Sure, you could go out and get a flu shot like everyone keeps telling you to do. It’s relatively cheap, and available just about everywhere.

But the shot is not 100 percent effective. And it takes two weeks to kick in. Although influenza can be deadly, some have been making light of the virus’s symptoms.

On the bright side, having the flu was a great start to my spring break diet.. eating nothing and still managing to puke

— Allison (@Ally_YM) 6 Jan 13

Turns out I don’t have the flu, I just really like NyQuil and hate wearing pants.

— NYC Blonde (@NYC_Blonde) 10 Jan 13

If you’re holding out, or procrastinating, or have decided against getting vaccinated altogether, what alternative means are you using to keep those bad bugs away? Comment in the box below.

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Sharp Words From European Minister for Countries in North

BRUSSELS — Jean-Claude Juncker, the departing leader of the group of ministers who oversee the euro currency, sharply criticized northern Europeans on Thursday for demanding austerity budgets from their southern neighbors.

But in the same speech he seemed to endorse as his successor an official from the Netherlands, one of countries that has made the toughest demands for fiscal rigor in the euro zone.

Mr. Juncker, himself a northern European and prime minister of Luxembourg, told members of the European Parliament’s influential Economic and Monetary Affairs Committee that northerners had falsely painted themselves as more economically virtuous than southerners. “I’m totally against this distinction,” he said.

Mr. Juncker warned that some members of his own country’s Parliament had become fed up with “the German diktat,” and he said countries making painful economic adjustments should be rewarded for their efforts.

“We have been arrogant” toward countries like Greece, he said.

Still, Mr. Juncker said his successor as head of the Eurogroup of ministers would speak one of the languages of the Benelux, a grouping that includes Belgium, the Netherlands and Luxembourg. Mr. Juncker’s comments were characteristically cryptic, but appeared to lend weight to the chances of the front-runner for the job, Jeroen Dijsselbloem, the Dutch finance minister.

The president of the Eurogroup plays a coordinating role among finance ministers when they make critical decisions like giving political approval for bailouts or pressuring governments to shore up their finances to preserve the stability of the euro. Mr. Juncker has held the post since 2005; although his term expired last summer, he indicated he would stay on for a limited time until a successor was named.

At a news conference Thursday, Mr. Juncker said a decision on his successor should be made on, or shortly after, Jan. 21, because that would be the last meeting of the Eurogroup at which he would serve as president.

Although the president of the Eurogroup is supposed to be elected by ministers, as a practical matter is decided by consensus among governments, opening the way for political horse-trading.

Mr. Dijsselbloem’s candidacy gained strength in recent weeks partly because he comes from a country that still holds a triple-A debt rating, making him a natural ally of Germany. But his candidacy is more problematic for the French, the other major power in the euro area.

The government led by President François Hollande has emphasized giving the most vulnerable members of the euro area the leeway to make painful economic adjustments. By contrast, the Netherlands, along with Germany and Finland, has pressed indebted nations like Greece and Portugal to tighten their belts, despite the recessionary effect on their economies.

One factor that could help the French swing in support of Mr. Dijsselbloem, a member of the Dutch Labor Party, is that he, like Mr. Hollande, is a socialist.

Meanwhile, for the soon-to-be created single banking supervisory agency for the euro zone, Mr. Juncker suggested Thursday that a Frenchwoman could be offered a senior role. And although Mr. Juncker again did not offer names, there are reports in the French news media that Danièle Nouy, an official at the Banque de France, could be offered such a role, partly to assuage French concerns.

Mr. Dijsselbloem, 46, won the finance portfolio, his first Netherlands cabinet post, late last year, and he has little experience at the top levels of government or in European affairs. But he did take office in time to participate in a round of marathon meetings by finance ministers to strike agreements on resuming aid to Greece and the creation of the single banking supervisor.

“I suppose he is suitable as he wouldn’t be finance minister,” said Sophie in ‘t Veld, a Dutch member of the European Parliament for the Democrats 66, a liberal and pro-European political party.

“But how is he going to navigate between the deeply euro-skeptic electorate and a deeply euro-skeptic Parliament that will expect him to be a troublemaker in Europe and, on the other hand, show compromise and consensus as the head of the Eurogroup?” she asked.

Mr. Dijsselbloem told the Dutch daily newspaper De Volkskrant at the end of December that he regarded “strengthening European cooperation inevitable and good for the Netherlands.” But he also cautioned that, “when it comes to Greece, for example, everyone looks to the Netherlands and we have to take the floor” and that, “from us, from Germany and Finland, it’s expected that we exhibit some strictness.”

That, though, is an approach that Mr. Juncker on Thursday cautioned his successor against taking. For countries like Greece and Portugal facing brutal austerity, he said, there should be rewards for meeting targets and “not only a big stick.”

Mr. Juncker also called for euro area countries to adopt a legal minimum wage so as not “to lose the support of the working classes.”

And in a marked contrast to the stance of some Dutch politicians, Mr. Juncker suggested that countries like Spain and Ireland should have some scope for using European bailout funds to bail out their banks directly. Otherwise, said Mr. Juncker, the purpose of the bailout fund “would lose a large part of its sense.”

For his part, Mr. Juncker said at the news conference that he would concentrate on winning another term as the prime minister of Luxembourg and use that perch to continue to play a role in European affairs.

“You will hear from me,” he said.

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