Aaron Swartz, Coder and Activist, Dead at 26

We often say, upon the passing of a friend or loved one, that the world is a poorer place for the loss. But with the untimely death of programmer and activist Aaron Swartz, this isn’t just a sentiment; it’s literally true. Worthy, important causes will surface without a champion equal to their measure. Technological problems will go unsolved, or be solved a little less brilliantly than they might have been. And that’s just what we know. The world is robbed of a half-century of all the things we can’t even imagine Aaron would have accomplished with the remainder of his life.

Aaron Swartz committed suicide Friday in New York. He was 26 years old.

When he was a 14 years old, Aaron helped develop the RSS standard; he went on to found Infogami, which became part of Reddit. But more than anything Aaron was a coder with a conscience: a tireless and talented hacker who poured his energy into issues like network neutrality, copyright reform and information freedom.  Among countless causes, he worked with Larry Lessig at the launch of the Creative Commons, architected the Internet Archive’s free public catalog of books, OpenLibrary.org, and in 2010 founded Demand Progress, a non-profit group that helped drive successful grassroots opposition to SOPA last year.

“Aaron was steadfast in his dedication to building a better and open world,” writes Internet Archive founder Brewster Kahle. “He is among the best spirits of the Internet generation. I am crushed by his loss, but will continue to be enlightened by his work and dedication.”

In 2006 Aaron was part of a small team that sold Reddit to Condé Nast , Wired’s parent company. For a few months he worked in our office here in San Francisco.  I knew Aaron then and since, and I liked him a lot — honestly, I loved him. He was funny, smart, sweet and selfless. In the vanishingly small community of socially and politically active coders, Aaron stood out not just for his talent and passion, but for floating above infighting and reputational cannibalism.  His death is a tragedy.

I don’t know why he killed himself, but Aaron has written openly about suffering from depression. It couldn’t have helped that he faced a looming federal criminal trial in Boston on hacking and fraud charges, over a headstrong stunt in which he arranged to download millions of academic articles from the JSTOR subscription database for free from September 2010 to January 2011, with plans to release them to the public.

JSTOR provides searchable, digitized copies of academic journals online. MIT had a subscription to the database, so Aaron brought a laptop onto MIT’s campus, plugged it into the student network and ran a script called keepgrabbing.py that aggressively — and at times disruptively — downloaded one article after another. When MIT tried to block the downloads, a cat-and-mouse game ensued, culminating in Swartz entering a networking closet on the campus, secretly wiring up an Acer laptop to the network, and leaving it there hidden under a box. A member of MIT’s tech staff discovered it, and Aaron was arrested by campus police when he returned to pick up the machine.

The JSTOR hack was not Aaron’s first experiment in liberating costly public documents. In 2008, the federal court system briefly allowed free access to its court records system, Pacer, which normally charged the public eight cents per page. The free access was only available from computers at 17 libraries across the country, so Aaron went to one of them and installed a small PERL script he had written that cycled sequentially through case numbers, requesting a new document from Pacer every three seconds, and uploading it to the cloud. Aaron pulled nearly 20 million pages of public court documents, which are now available for free on the Internet Archive.

The FBI investigated that hack, but in the end no charges were filed. Aaron wasn’t so lucky with the JSTOR matter. The case was picked up by Assistant U.S. Attorney Steve Heymann in Boston, the cybercrime prosecutor who won a record 20-year prison stretch for TJX hacker Albert Gonzalez. Heymann indicted Aaron on 13 counts of wire fraud, computer intrusion and reckless damage. The case has been wending through pre-trial motions for 18 months, and was set for jury trial on April 1.

Larry Lessig, who worked closely with Aaron for years, disapproves of Aaron’s JSTOR hack. But in the painful aftermath of Aaron’s suicide, Lessig faults the government for pursuing Aaron with such vigor. “[Aaron] is gone today, driven to the edge by what a decent society would only call bullying,” Lessig writes. “I get wrong. But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.”

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“The Middle” will gladly take longevity over awards

LOS ANGELES (TheWrap.com) – ABC’s “The Middle” doesn’t get the recognition, ratings or Emmy Awards that “Modern Family” does, but the cast and creators are fine with cruising under the radar if they can continue producing more episodes.

“I say slow and steady wins the race,” series star Neil Flynn rationalized at the Television Critics Association’s winter press tour.

Despite averaging a middling 2.8 rating in the 18-49 demographic this season – a feeble number compared to the 5.4 for “Modern Family” and the 6.4 for CBS’s top-rated “Big Bang Theory” – “The Middle” has lasted 83 episodes over the course of four seasons. (The rating counts live viewing plus seven days of DVR viewing.)

“Before you know it, we’ll have done 120 episodes,” Flyn continued. “I’d much rather be underrated than overrated.”

And although the show has only been nominated for one Emmy – in the Outstanding Makeup for a Single-Camera Series (Non-Prosthetic) category – executive producers Eileen Heisler and DeAnn Heline joke that they consider it an award every time critics label the show “underrated.”

In fact, they revel in “kindly being called under-appreciated” so much that star Patricia Heaton jokes that they have developed a drinking game for every time the show receives the compliment.

“We’re on fourth season with a show that people love and we’re incredibly, incredibly grateful for that,” Heaton concluded, in all seriousness. “Would it be nice to have more? Yeah, but it’s fantastic and I certainly can’t complain.”

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‘Bodega Clinicas’ Draw Interest of Health Officials

HUNTINGTON PARK, Calif. — The “bodega clinicas” that line the bustling commercial streets of immigrant neighborhoods around Los Angeles are wedged between money order kiosks and pawnshops. These storefront offices, staffed with Spanish-speaking medical providers, treat ailments for cash: a doctor’s visit is $20 to $40; a cardiology exam is $120; and at one bustling clinic, a colonoscopy is advertised on an erasable board for $700.

County health officials describe the clinics as a parallel health care system, serving a vast number of uninsured Latino residents. Yet they say they have little understanding of who owns and operates them, how they are regulated and what quality of medical care they provide. Few of these low-rent corner clinics accept private insurance or participate in Medicaid managed care plans.

“Someone has to figure out if there’s a basic level of competence,” said Dr. Patrick Dowling, the chairman of the family medicine department at the David Geffen School of Medicine at the University of California, Los Angeles.

Not that researchers have not tried. Dr. Dowling, for one, has canvassed the clinics for years to document physician shortages as part of his research for the state. What he and others found was that the owners were reluctant to answer questions. Indeed, multiple attempts in recent weeks to interview owners and employees at a half-dozen of the clinics in Southern California proved fruitless.

What is certain, however, is that despite their name, many of these clinics are actually private doctor’s offices, not licensed clinics, which are required to report regularly to federal and state oversight bodies.

It is a distinction that deeply concerns Kimberly Wyard, the chief executive of the Northeast Valley Health Corporation, a nonprofit group that runs 13 accredited health clinics for low-income Southern Californians. “They are off the radar screen,” said Ms. Wyard of the bodega clinicas, “and it’s unclear what they’re doing.”

But with deadlines set by the federal Affordable Care Act quickly approaching, health officials in Los Angeles are vexed over whether to embrace the clinics and bring them — selectively and gingerly — into the network of tightly regulated public and nonprofit health centers that are driven more by mission than by profit to serve the uninsured.

Health officials see in the clinics an opportunity to fill persistent and profound gaps in the county’s strained safety net, including a chronic shortage of primary care physicians. By January 2014, up to two million uninsured Angelenos will need to enroll in Medicaid or buy insurance and find primary care.

And the clinics, public health officials point out, are already well established in the county’s poorest neighborhoods, where they are meeting the needs of Spanish-speaking residents. The clinics also could continue to serve a market that the Affordable Care Act does not touch: illegal immigrants who are prohibited from getting health insurance under the law.

Dr. Mark Ghaly, the deputy director of community health for the Los Angeles County Department of Health Services, said bodega clinicas — a term he seems to have coined — that agree to some scrutiny could be a good way of addressing the physician shortage in those neighborhoods.

“Where are we going to find those providers?” he said. “One logical place to consider looking is these clinics.”

Los Angeles is not the only city with a sizable Latino population where the clinics have become a part of the streetscape. Health care providers in Phoenix and Miami say there are clinics in many Latino neighborhoods.

But their presence in parts of the Los Angeles area can be striking, with dozens in certain areas. Visits to more than two dozen clinics in South Los Angeles and the San Fernando Valley found Latino women in brightly colored scrubs handing out cards and coupons that promised a range of services like pregnancy tests and endoscopies. Others advertised evening and weekend hours, and some were open around the clock.

Such all-hours access and upfront pricing are critical, Latino health experts say, to a population that often works around the clock for low wages.

Also important, officials say, is that new immigrants from Mexico and Central America are more accustomed to corner clinics, which are common in their home countries, than to the sprawling medical complexes or large community health centers found in the United States. And they can get the kind of medical treatments — including injections of hypertension drugs, intravenous vitamins and liberally dispensed antibiotics — that are frowned upon in traditional American medicine.

The waiting rooms at the clinics reflected the everyday maladies of peoples’ lives: a glassy-eyed child resting listlessly on his mother’s lap, a fit-looking young woman waiting with a bag of ice on her wrist, a pensive middle-aged man in work boots staring straight ahead.

For many ordinary complaints, the medical care at these clinics may be suitable, county health officials and medical experts say. But they say problems arise when an illness exceeds the boundaries of a physician’s skills or the patient’s ability to pay cash.

Dr. Raul Joaquin Bendana, who has been practicing general medicine in South Los Angeles for more than 20 years, said the clinics would refer patients to him when, for example, they had uncontrolled diabetes. “They refer to me because they don’t know how to handle the situation,” he said.

The clinic physicians by and large appear to have current medical licenses, a sample showed, but experts say they are unlikely to be board certified or have admitting privileges at area hospitals. That can mean that some clinics try to treat patients who face serious illness.

Olivia Cardenas, 40, a restaurant worker who lives in Woodland Hills, Calif., got a free Pap smear at a clinic that advertises “especialistas,” including in gynecology. The test came back abnormal, and the doctor told Ms. Cardenas that she had cervical cancer. “Come back in a week with $5,000 in cash, and I’ll operate on you,” Ms. Cardenas said the doctor told her. “Otherwise you could die.”

She declined to pay the $5,000. Instead, a family friend helped her apply for Medicaid, and she went to a hospital. The diagnosis, it turned out, was correct.

Health care experts say the clinics’ medical practices would come under greater scrutiny if they were brought closer into the fold.

But being connected would mean the clinics’ cash-only business model would need to change. Dr. Dowling said the lure of newly insured patients in 2014 might draw them in. “To the extent there are payments available,” he said, “the legitimate ones might step up to the plate.”

This article was produced in collaboration with Kaiser Health News, an editorially independent program of the Kaiser Family Foundation.

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Aaron Swartz, Internet Activist, Dies at 26

Michael Francis McElroy for The New York Times

Aaron Swartz in 2009.

Aaron Swartz, a wizardly programmer who as a teenager helped develop code that delivered ever-changing Web content to users and later became a steadfast crusader to make that information freely available, was found dead on Friday in his New York apartment.

He was 26.

 An uncle, Michael Wolf, said that Mr. Swartz had apparently hanged himself, and that Mr. Swartz’s girlfriend had discovered the body.

At 14, Mr. Swartz helped create RSS, the nearly ubiquitous tool that allows users to subscribe to online information. He later became an Internet folk hero, pushing to make many Web files free and open to the public. But in July 2011, he was indicted on federal charges of gaining illegal access to JSTOR, a subscription-only service for distributing scientific and literary journals, and downloading 4.8 million articles and documents, nearly the entire library.

Charges in the case, including wire fraud and computer fraud, were pending at the time of Mr. Swartz’s death, carrying potential penalties of up to 35 years in prison and $1 million in fines.

“Aaron built surprising new things that changed the flow of information around the world,” said Susan Crawford, a professor at the Cardozo School of Law in New York who served in the Obama administration as a technology adviser. She called Mr. Swartz “a complicated prodigy” and said “graybeards approached him with awe.”

Mr. Wolf said he would remember his nephew as a young man who “looked at the world, and had a certain logic in his brain, and the world didn’t necessarily fit in with that logic, and that was sometimes difficult.”

The Tech, a newspaper of the Massachusetts Institute of Technology, reported Mr. Swartz’s death early Saturday.

Mr. Swartz led an often itinerant life that included dropping out of Stanford, forming companies and organizations, and becoming a fellow at Harvard University’s Edmond J. Safra Center for Ethics.

He formed a company that merged with Reddit, the popular news and information site. He also co-founded Demand Progress, a group that promotes online campaigns on social justice issues — including a successful effort, with other groups, to oppose a Hollywood-backed Internet piracy bill.

But he also found trouble when he took part in efforts to release information to the public that he felt should be freely available. In 2008, he took on PACER, or Public Access to Court Electronic Records, the repository for federal judicial documents.

The database charges 10 cents a page for documents; activists like Carl Malamud, the founder of public.resource.org, have long argued that such documents should be free because they are produced at public expense. Joining Mr. Malamud’s efforts to make the documents public by posting legally obtained files to the Internet for free access, Mr. Swartz wrote an elegant little program to download 20 million pages of documents from free library accounts, or roughly 20 percent of the enormous database.

 The government abruptly shut down the free library program, and Mr. Malamud feared that legal trouble might follow even though he felt they had violated no laws. As he recalled in a newspaper account of the events, “I immediately saw the potential for overreaction by the courts.” He recalled telling Mr. Swartz: “You need to talk to a lawyer. I need to talk to a lawyer.”

 Mr. Swartz recalled in a 2009 interview, “I had this vision of the feds crashing down the door, taking everything away.” He said he locked the deadbolt on his door, lay down on the bed for a while and then called his mother.

 

When an article about his Pacer exploit was published in The New York Times, Mr. Swartz responded in a blog post in a typically puckish manner, announcing the story in the form of a personal ad: “Attention attractive people: Are you looking for someone respectable enough that they’ve been personally vetted by The New York Times, but has enough of a bad-boy streak that the vetting was because they ‘liberated’ millions of dollars of government documents? If so, look no further than page A14 of today’s New York Times.

The federal government investigated but decided not to prosecute.

In 2011, however, Mr. Swartz went beyond that, according to a federal indictment. In an effort to provide free public access to JSTOR, he broke into computer networks at M.I.T. by means that included gaining entry to a utility closet on campus and leaving a laptop that signed into the university network under a false account, federal officials said.

Ravi Somaiya contributed reporting.

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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.

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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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