How can U.S. deal with cyber war?

Michael Hayden says lack of domestic agreement is driving U.S. to take the offense on cyber attacks.

STORY HIGHLIGHTS

• Obama administration beefing up effort to counter cyberattacks


• Michael Hayden says emphasis is on striking first, as the U.S. does with drone attacks


• Ex-CIA director says drone policy reflects lack of consensus on handling prisoners


• Hayden: Is killing terrorists preferred because of division over how to try them?

Editor's note: Gen. Michael V. Hayden, who was appointed by President George W. Bush as CIA director in 2006 and served until February 2009, is a principal with the Chertoff Group, a security consulting firm. He serves on the boards of several defense firms and is a distinguished visiting professor at George Mason University.

(CNN) -- Human decisions have complex roots: history, circumstance, personality, even chance.

So it's a dangerous game to oversimplify reality, isolate causation and attribute any particular course of action to one or another singular motive.

But let me tempt fate, since some recent government decisions suggest important issues for public discussion.

Michael Hayden

Over the past several weeks, press accounts have outlined a series of Obama administration moves dealing with the cyberdefense of the United States.

According to one report, the Department of Defense will add some 4,000 personnel to U.S. Cyber Command, on top of a current base of fewer than a thousand. The command will also pick up a "national defense" mission to protect critical infrastructure by disabling would-be aggressors.

A second report reveals another administration decision, very reminiscent of the Bush Doctrine of preemption, to strike first when there is imminent danger of serious cyberattack against the United States.

Both of these represent dramatic and largely welcome moves.

But they also suggest the failure of a deeper national policy process and, more importantly, the failure to develop national consensus on some very difficult issues.

Chinese military leading cyber attacks

Let me reason by analogy, and in this case the analogy is the program of targeted killings supported and indeed expanded by the Obama administration. Again, I have no legal or moral objections to killing those who threaten us. We are, as the administration rightly holds, in a global state of war with al Qaeda and its affiliates.

But at the level of policy, killing terrorists rather than capturing them seems to be the default option, and part of that dynamic is fairly attributable to our inability to decide where to put a detainee once we have decided to detain him.

Congress won't let him into the United States unless he is going before a criminal court, and the administration will not send him to Guantanamo despite the legitimate claim that a nation at war has the right to detain enemy combatants without trial.

Failing to come to agreement on the implications of the "we are at war" position, we have made it so legally difficult and so politically dangerous to detain anyone that we seem to default to killing those who would do us harm.

Clearly, it's an easier path: no debates over the location or conditions of confinement. Frequently such action can be kept covert. Decision-making is confined to one branch of government. Congress is "notified." Courts are not involved.

Besides, we are powerful. We have technology at our fingertips. We know that we can be precise, and the professionalism of our combatants allows them to easily meet the standards of proportionality and distinction (between combatants and noncombatants) in such strikes, despite claims to the contrary.

And we also believe that we can live with the second and third order effects of targeted killings. We believe that the care we show will set high standards for the use of such weapons by others who will inevitably follow us. We also believe that any long-term blowback (akin to what Gen. Stanley McChrystal calls the image of "arrogance" such strikes create) is more than offset by the immediate effects on America's safety.

I agree with much of the above. But I also fear that the lack of political consensus at home can drive us to routinely exercise an option whose long-term effects are hard to discern. Which brings us back to last week's stories on American cyberdefense.

In the last Congress, there were two prominent bills introduced to strengthen America's cyberdefenses. Neither came close to passing.

In the Senate, the Collins-Lieberman Bill created a near perfect storm with the American Civil Liberties Union and the American Chamber of Commerce weighing in strongly against the legislation. That two such disparate bodies had issues with the legislation should suggest how far we are from a national consensus.

In the House, a modest proposal from the Intelligence Committee to enhance cybersharing between the private sector and the National Security Agency was met with a presidential veto threat over alleged privacy concerns and was never even considered by the Senate.

Indeed, my preferred option -- a more active and well-regulated role for NSA and Cyber Command on and for American networks -- is almost a third rail in the debate over U.S. cybersecurity. The cybertalent and firepower at Fort Meade, where both are headquartered, are on a short leash because few dare to even address what we would ask them to do or what we would permit them to do on domestic networks.

And hence, last week's "decisions." Rather than settle the roles of these institutions by dealing with the tough issues of security and privacy domestically, we have opted for a policy not unlike targeted killing. Rather than opt for the painful process of building consensus at home, we are opting for "killing" threats abroad in their "safe haven."

We appear more willing to preempt perceived threats "over there" than spill the domestic political blood that would be needed to settle questions about standards for the defense of critical infrastructure, the role of government surveillance or even questions of information sharing. And we seem willing to live with the consequences, not unlike those of targeted killings, of the precedent we set with a policy to shoot on warning.

I understand the advantage that accrues to the offense in dealing with terrorists or cyberthreats. I also accept the underlying legality and morality of preemptive drone or cyberstrikes.

I just hope that we don't do either merely because we don't have the courage to face ourselves and make some hard decisions at home.

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The opinions expressed in this commentary are solely those of Michael Hayden.

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2 teens die in Antioch crash: 'I just saw headlights spin'

Two teenagers were killed when their SUV crashed into a tree in Antioch in heavy rain, authorities said.

Joel Wittkamp, 16, and Ashley Seay, 17, were traveling west when their Chevrolet Trailblazer left the road in the 27000 block of Wilmot Road around 7 p.m. Monday, according to the Lake County sheriff's office. The SUV went through a yard before hitting the tree, the office said.

Both teens died on the scene. Joel, who was driving, was from Antioch and Ashley was from Lindenhurst, according to the Lake County coroner's office.

Authorities said they believe weather contributed to the crash. A man who lives where the crash occurred said it was raining hard when the accident occurred.

"It was pouring," said Tim Staples.

Staples said he was home when "I just saw the headlights spin ... We ran out and you could see the car was in the tree, the tree was on the car ... a mangled car I couldn't recognize."

"We checked the scene," he said. "We had flashlights and we looked inside. It didn't look promising, it looked really bad."

He said firefighters reached the scene in 7 or 8 minutes. "It took them an hour to get them out. They had to take the top of the car off."

Staples said the car hit a tree he had planted on his property 30 years ago.

Joel attended Antioch High School, officials said.

"We have counselors who are available," said Principal John Whitehurst. "Someone is following the young man’s schedule. If there were kids close to him, we are identifying who they are."

Whitehurst noted an earlier tragedy last November, when freshman Nicole Parfitt, 14, and her father were killed in a plane crash. "I know this is going to bring back some really unfortunate memories with kids intimately familiar with the incident," he said.

Ashley Seay came from a large family, with younger twin sisters and a few older siblings who have already graduated from Lakes Community High School, said Steve Plank, principal of the Lake Villa campus.

"There was a deep connection between the family, the school and community," he said.

Ashley was a cosmetology student who attended the high school until about noon, then spent her afternoons at the Lake County High Schools Technology Campus in Grayslake.

"That was a passion of hers," Plank said.

Counselors were available when classes began today, for students and staff.

"We have a number of faculty who are deeply affected by this, who have also needed support," he said. "It's kind of tough to come to school in the morning and realize there's a hole in your classroom."

At both high schools, an adult followed the schedule of Ashley and Joel, sitting in their seats for each class.

"We put an adult who is part of our human services team to sit in the seat," said Plank. "When kids show up to class and that seat is empty, it's a tough situation."

chicagobreaking@tribune.com

Twitter: @ChicagoBreaking

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Venezuela's Maduro would win vote if Chavez goes: poll

CARACAS (Reuters) - Venezuelan Vice President Nicolas Maduro would win a presidential vote should his boss Hugo Chavez's cancer force him out, according to the first survey this year on such a scenario in the South American OPEC nation.

Local pollster Hinterlaces gave Maduro 50 percent of potential votes, compared to 36 percent for opposition leader Henrique Capriles.

Chavez made a surprise return to Venezuela on Monday, more than two months after cancer surgery in Cuba, to continue treatment at home for the disease that is jeopardizing his 14-year socialist rule.

He has named Maduro, 50, a former bus driver and union activist, as his preferred successor.

Capriles, 40, a center-left state governor who lost to Chavez in a presidential vote last year, likely would run again.

Chavez still has not spoken in public since his December 11 operation in Cuba. Venezuelans were debating on Tuesday the various possible scenarios after his homecoming - from full recovery to resignation or even death from the cancer.

There was widespread expectation Chavez would soon be formally sworn in for his new six-year term at the Caracas military hospital where officials said he was staying. The January 10 ceremony was postponed while he was in Cuba.

"The president's timeline is strictly linked to his medical evolution and recovery," said Rodrigo Cabezas, a senior member of Chavez's ruling Socialist Party who, like other officials, would not comment on when he might be sworn in.

CAPRILES ANGRY

Should Chavez be forced out, Venezuela's constitution stipulates an election must be held within 30 days, giving Capriles and the opposition Democratic Unity coalition another chance to end the socialists' lengthy grip on power.

Capriles, who crossed swords with Hinterlaces at various points during the presidential election, again accused its director, Oscar Schemel, of bias in the latest survey.

"That man is not a pollster, he's on the government's payroll," Capriles told local TV.

"He said in December I would lose the Miranda governorship," he added, referring to his defeat of government heavyweight Elias Jaua, now foreign minister, in that local race.

Opinion surveys are notoriously controversial and divergent in Venezuela, with both sides routinely accusing pollsters of being in the pocket of the other. But Hinterlaces successfully forecast Chavez's win with 55 percent of the vote in October.

Its latest poll was of 1,230 people between January 30-February 9.

Polls last year showed Capriles - an energetic basketball-playing lawyer who admires Brazil's centrist mix of free-market economics with strong social welfare policies - as more popular than any of Chavez's senior allies.

But Chavez's personal blessing of Maduro, on the eve of his last cancer surgery, has transformed his status and made him the heir apparent for many of the president's supporters.

As de facto leader since mid-December, Maduro also has built up a stronger public profile, copying the president's techniques of endless live TV appearances, especially to inaugurate new public works or promote popular policies like subsidized food.

He lacks Chavez's charisma, however, and opponents have slammed him as a "poor imitation" and incompetent.

EMOTION

Local analyst Luis Vicente Leon said that should Chavez die, Maduro would benefit from the emotion unleashed among his millions of passionate supporters in Venezuela.

"The funeral wake for Chavez would merge into the election campaign," he told a local newspaper, noting how Argentine President Cristina Fernandez's popularity surged when her husband and predecessor Nestor Kirchner died in 2010.

Maduro already has implemented an unpopular devaluation of the local currency and said more economic measures are coming this week in what local economists view as austerity measures after blowout spending prior to last year's election.

In Caracas, the streets were quieter after tumultuous celebrations of Chavez's homecoming by supporters on Monday. A few journalists stood outside the military hospital.

Prayer vigils were planned in various parts of Venezuela.

"We hope Chavez will stay governing because he is a strong man," supporter Cristina Salcedo, 50, said in Caracas.

Student demonstrators who had chained themselves near the Cuban Embassy last week, demanding more information on Chavez's condition, called off their protest after his return.

Until photos were published of him on Friday, the president had not been seen by the public since his six-hour December 11 operation, the fourth since cancer was detected in mid-2011.

The government has said Chavez is breathing through a tracheal tube and struggling to speak.

Bolivian President Evo Morales arrived in Caracas on Tuesday in the hope of visiting his friend and fellow leftist.

(Additional reporting by Deisy Buitrago, Mario Naranjo, Girish Gupta in Caracas, Carlos Quiroga in La Paz; Editing by Bill Trott)

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Yen resumes fall after G20, U.S. holiday thins trade

LONDON (Reuters) - The yen resumed falling on Monday after Japan signaled it would push ahead with expansionist monetary policies having escaped criticism from the world's 20 biggest economies at the weekend.

Industrial metals also dipped and European shares were soft on lingering worries about the economic outlook, especially for the euro zone. While the risk of an inconclusive outcome in Italy's forthcoming election added to investor concerns.

However, activity was curtailed by the closure of markets in the United States for the Presidents' Day holiday.

The yen, which has dropped 20 percent against the dollar since mid-November, fell further after financial leaders from the G20 promised not to devalue their currencies to boost exports and avoided singling out Japan for any direct criticism.

The dollar rose 0.5 percent to 93.95 yen, near a 33-month peak of 94.47 yen set a week ago. The euro added 0.3 percent to 125.40 yen, to be midway between Friday's two-week low of 122.90 and a 34-month high of 127.71 yen hit earlier this month.

Strategists said the yen was likely to stay weak, though its decline could lose momentum until it becomes clear who will be taking the helm at the Bank of Japan when the current governor steps down on March 19.

"The yen probably will weaken a little further in anticipation of more aggressive easing under a new leadership team at the Bank of Japan," said Julian Jessop, chief global economist at Capital Economics.

Japan's Prime Minister Shinzo Abe is poised to nominate the new governor in the next few days. Sources have told Reuters that former financial bureaucrat Toshiro Muto, considered likely to be less radical than other candidates, was leading the field.

Meanwhile the euro dipped slightly against the dollar when European Central Bank president Mario Draghi said the currency's recent gains made any rise in inflation less likely and added that he had yet to see any improvement in the euro zone economy.

Speaking before the European Parliament, Draghi said the euro's exchange rate was not a policy target but was important for growth and stability, adding that appreciation of the euro "is a risk".

The comments left the euro down 0.2 percent at $1.3334.

Elsewhere in the currency market, sterling hit a seven-month low against the dollar, after a key policymaker made comments about the need for further weakness and recent poor data which has kept alive worries of another British recession.

Sterling fell 0.25 percent to $1.5476 having earlier touched $1.5438, its lowest since July 13.

DATA LOOMS

A big week for data on the outlook for the world's economy weighed on other riskier asset markets following the recent dire fourth-quarter growth numbers for the euro zone and Japan, along with Friday's soft U.S. manufacturing figures.

In European markets, attention is focused on the euro area Purchasing Managers' Indexes for February and German sentiment indices due later in the week which could affect hopes for a recovery this year.

Analysts expect Thursday's euro area flash PMI indices, which offer pointers to economic activity around six months out, to show growth stabilizing across the recession-hit region, leaving intact hopes for a recovery in the second half of 2013.

Concerns over an inconclusive outcome in the Italian election on Sunday and Monday have added to the weaker sentiment as a fragmented parliament could hamper a future government's efforts to reform the struggling economy.

The worries about the outlook for Italy were encouraging investors back into safe-haven German government bonds on Monday, with 10-year Bund yields easing 3.5 basis points to be around 1.63 percent.

"Political uncertainty will keep Bunds well bid this week," ING rate strategist Alessandro Giansanti said, adding that only better than expected economic data could create selling pressure on German debt in the near term.

Italian 10-year yields were 4 basis points higher on the day at 4.41 percent.

EARNINGS HIT

European equity markets were taking their lead from corporate earnings reports which have been reflecting the sluggish economic conditions across the region.

Danish brewer Carlsberg , which generates just over 60 percent of its sales in western Europe, became the latest to report a weaker-than-expected quarterly profit, sending its shares to their lowest level in almost a month.

The 5.8-percent drop for shares in the world's fourth biggest brewery helped send the FTSEurofirst 300 index <.fteu3> of top European shares down 0.2 percent. Germany's DAX <.gdaxi>, France's CAC-40 <.fchi> and Britain's FTSE-100 <.ftse> ranged between 0.4 percent up and 0.15 percent lower.

Earlier, the G20 statement and subsequent comment from Prime Minster Abe indicating a renewed drive to stimulate the Japanese economy lifted the Nikkei stock index <.n225> by 2.1 percent, near to its highest level since September 2008.

MSCI's world equity index <.miwd00000pus> was flat as markets extended a two-week period of consolidation that has followed the big run-up in January, when demand was buoyed by the efforts of central banks to stimulate the world economy.

Data from EPFR Global, a U.S.-based firm that tracks the flows and allocations of funds globally, shows investors pulled $3.62 billion from U.S. stock funds in the latest week, the most in 10 weeks after taking a neutral stance the prior week.

But demand for emerging market equities remained strong, with investors putting $1.81 billion in new cash into stock funds, the fund-tracking firm said.

CHINA RETURN

In the commodity markets, traders played catch-up after a week-long holiday last week in China, the world's second biggest consumer of many raw materials, which had kept activity subdued, with worries about the economic outlook weighing on sentiment.

Copper, for which China is the world's largest consumer, dipped to a near three-week low at $8,125.25 a metric ton (1.1023 tons) on the London futures market. Benchmark tin and nickel also touched three-week lows.

Gold managed to edge away from six-month lows as jewelers in China returned to the physical market after the Lunar New Year holiday but a lack of demand from U.S. markets saw the precious metal slip back to be down 0.1 percent to $1,607.06 an ounce.

Crude oil markets were mostly steady after the weak U.S. industrial production data on Friday [ID:nL1N0BF44A] was seen dampening demand, while tensions in the Middle East lent some support.

"We continue to see a mixed picture out of the United States. Industry output was lower than expected but that shouldn't affect the general upward direction," Olivier Jakob, analyst at Geneva-based Petromatrix, said.

Brent crude was down 20 cents at $117.46 a barrel after posting its first weekly loss since the first half of January. U.S. crude slipped 24 cents to $95.62.

(Additional reporting by Marius Zaharia and Ron Bousso; Editing by Philippa Fletcher and Alastair Macdonald)

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Jerry Buss, Los Angeles Lakers' owner, dies at 80

LOS ANGELES (AP) — Jerry Buss, the Los Angeles Lakers' playboy owner who shepherded the NBA franchise to 10 championships from the '80s Showtime dynasty to the Kobe Bryant era, died Monday, his assistant said.

Buss died at Cedars-Sinai Medical Center in Los Angeles, said Bob Steiner, his assistant. He was 80.

He'd been hospitalized for cancer, but the immediate cause of death was kidney failure, Steiner said.

Under Buss' leadership since 1979, the Lakers became Southern California's most beloved sports franchise and a worldwide extension of Hollywood glamour. Buss acquired, nurtured and befriended a staggering array of talented players and basketball minds during his Hall of Fame tenure.

Few owners in sports history can even approach Buss' accomplishments with the Lakers, who made the NBA finals 16 times through 2011 during his 32 years in charge, winning 10 titles between 1980 and 2010. The Lakers easily are the NBA's winningest franchise since he bought the club.

Few owners have ever been more beloved by their players than Buss, who always referred to the Lakers as his extended family. Working with front-office executives Jerry West and Mitch Kupchak, Buss spent lavishly to win his titles despite lacking a huge personal fortune, often running the NBA's highest payroll while also paying high-profile coaches Pat Riley and Phil Jackson.

Always an innovative businessman, Buss paid for the Lakers through both their wild success and his own groundbreaking moves to raise revenue. He co-founded a basic-cable sports television network and sold the naming rights to the Forum at times when both now-standard strategies were unusual, adding justification for his induction into the Pro Basketball Hall of Fame in 2010.

Magic Johnson and fellow Hall of Famers Kareem Abdul-Jabbar and James Worthy formed lifelong bonds with Buss during the Lakers' run to five titles in nine years in the 1980s, when the Lakers earned a reputation as basketball's most exciting team with their glamorous Showtime style.

Jackson then led Shaquille O'Neal and Bryant to a threepeat from 2000-02, rekindling the Lakers' mystique, before Bryant and Pau Gasol won two more titles under Jackson in 2009 and 2010.

Although Buss was proudest of his two hands full of NBA title rings, he also was a scholar, Renaissance man and bon vivant who epitomized California cool — and a certain Los Angeles lifestyle — for his entire public life.

The father of six rarely appeared in public without at least one attractive, much younger woman on his arm at USC football games, boxing matches, poker tournaments — and, of course, Lakers games from his private box at Staples Center, which was built under his watch.

Buss earned a Ph.D. in chemistry at age 24 and had careers in aerospace and real estate development before getting into sports. With money largely from his Santa Monica real-estate ventures, Buss bought the then-struggling Lakers, the NHL's Los Angeles Kings and both clubs' arena — the Forum — from Jack Kent Cooke in a $67.5 million deal that was the largest sports transaction in history at the time.

In January 2011, Forbes estimated the Lakers were worth $643 million — the second-most valuable NBA franchise.

Buss also helped change televised sports by co-founding the Prime Ticket network in 1985, even receiving a star on Hollywood Walk of Fame in 2006 for his work in television. Breaking the contemporary model of subscription services for televised sports, Buss' Prime Ticket put beloved broadcaster Chick Hearn and the Lakers' home games on basic cable.

Buss also sold the naming rights to the Forum in 1988 to Great Western Savings & Loan — another deal that was ahead of its time.

Born in Salt Lake City, Gerald Hatten Buss was raised in Wyoming and attended USC for graduate school, eventually becoming a chemistry professor and working as a chemist for the Bureau of Mines before his life took an abrupt turn into wealth and sports.

The former mathematician claimed his fortune grew out of a $1,000 real-estate investment in a West Los Angeles apartment building with partner Frank Mariani, an aerospace engineer.

Buss purchased Cooke's entire Los Angeles sports empire in 1979, including a 13,000-acre ranch in Kern County. Buss' love of basketball was the motivation for his purchase, and he immediately worked to transform the Lakers — who had won just one NBA title since moving west from Minneapolis in 1960 — into a star-powered endeavor befitting Hollywood.

"One of the first things I tried to do when I bought the team was to make it an identification for this city, like Motown in Detroit," he told the Los Angeles Times in 2008. "I try to keep that identification alive. I'm a real Angeleno. I want us to be part of the community."

Buss' plans immediately worked: Johnson, Abdul-Jabbar and coach Paul Westhead led the Lakers to the 1980 title. Johnson's ball-handling wizardry and Abdul-Jabbar's smooth inside game made for an attractive style of play evoking Hollywood flair and West Coast cool.

Riley, the former broadcaster who fit the L.A. image perfectly with his slick-backed hair and chiseled good looks, was surprisingly promoted by Buss early in the 1981-82 season after West declined to co-coach the team. Riley became one of the best coaches in NBA history, leading the Lakers to four straight NBA finals and four titles, with Worthy, Michael Cooper, Byron Scott and A.C. Green playing major roles.

Overall, the Lakers made the finals nine times in Buss' first 12 seasons while rekindling the NBA's best rivalry with the Boston Celtics, and Buss basked in the worldwide celebrity he received from his team's achievements. His womanizing and partying became Hollywood legend, with even his players struggling to keep up with Buss' lifestyle.

Johnson's HIV diagnosis and retirement in 1991 staggered Buss and the Lakers, the owner recalled in 2011. The Lakers struggled through much of the 1990s, going through seven coaches and making just one conference finals appearance in an eight-year stretch despite the 1996 arrivals of O'Neal, who signed with Los Angeles as a free agent, and Bryant, the 17-year-old high schooler acquired in a draft-week trade.

Shaq and Kobe didn't reach their potential until Buss persuaded Jackson, the Chicago Bulls' six-time NBA champion coach, to take over the Lakers in 1999. Los Angeles immediately won the next three NBA titles in brand-new Staples Center, AEG's state-of-the-art downtown arena built with the Lakers as the primary tenant.

After the Lakers traded O'Neal in 2004, they hovered in mediocrity again until acquiring Gasol in a heist of a trade with Memphis in early 2008. Los Angeles made the next three NBA finals, winning two more titles.

Through the Lakers' frequent successes and occasional struggles, Buss never stopped living his Hollywood dream. He was an avid poker player, frequently participating in high-stakes tournaments, and a fixture on the Los Angeles club scene well into his 70s, when a late-night drunk-driving arrest in 2007 — with a 23-year-old woman in the passenger seat of his Mercedes-Benz — prompted him to cut down on his partying.

Buss owned the NHL's Kings from 1979-87, and the WNBA's Los Angeles Sparks also won two league titles under Buss' ownership. He also owned Los Angeles franchises in World Team Tennis and the Major Indoor Soccer League.

Buss' children moved into leadership roles with the Lakers in their father's later years. Jim Buss, the Lakers' executive vice president of player personnel and the second of Buss' six children, has taken over much of the club's primary decision-making responsibilities in the last few years, while daughter Jeanie is a longtime executive on the franchise's business side — and Jackson's longtime companion.

Yet Jerry Buss served two terms as President of the NBA's Board of Governors, and was actively involved in the 2011 lockout negotiations, developing blood clots in his legs attributed to his extensive travel during that time

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Borneo tension linked to rebel deal

STORY HIGHLIGHTS

• More than 100 Filipinos arrived by boat on the Malaysian coast last week


• They say they represent a sultanate that once ruled the area


• The move seems to be a response to a recent peace deal in the Philippines


• The leaders of the sultanate appear to have felt left out of the accord, an expert says

(CNN) -- The peculiar standoff on Borneo between Malaysian security forces and a group of men from the southern Philippines has its roots in a recent landmark peace deal between Manila and Muslim rebels, according to an expert on the region.

More than 100 men from the mainly Muslim southern Philippines came ashore in the Malaysian state of Sabah on Borneo early last week demanding to be recognized as representatives of a sultanate that has historical claims on the area.

Their claims touch on an unresolved territorial question between the Philippines and Malaysia, as well as Manila's efforts to improve relations with Islamic insurgents in the country's south after decades of violence.

Malaysian police and armed forces soon surrounded the village in the eastern Sabah district of Lahad Datu where the men had gathered. Police officials said they were negotiating with the group in an effort to persuade its members to return to their homes in the Philippines peacefully.

The Philippine government also urged them to come back to the country, saying it hadn't authorized their voyage. There was no indication of a resolution to the standoff on Monday.

The men claim to be the Royal Army of the Sultanate of Sulu, which once encompassed Sabah, and say they don't want their people to be sent away from the area, Malaysian authorities said. There are conflicting claims about to what extent the men are armed.

Eroded power

Over the weekend, comments appeared in the news media from representatives of the sultanate, whose power is now largely symbolic, saying that their followers who had gone to Sabah planned to stay where they were.

"Nobody will be sent to the Philippines. Sabah is our home," Jamalul Kiram, a member of the sultanate's ruling family, told reporters in Manila on Sunday, according to Agence France-Presse.

The sultanate's claim to Sabah plays a long-standing and important role in the Philippine government's relationship with the country's Muslim minority and with neighboring Malaysia, said Julkipli Wadi, the dean of the Institute of Islamic Studies at the University of the Philippines.

Established in the 15th century, the Sultanate of Sulu became an Islamic power center in Southeast Asia that at one point ruled Sabah.

But the encroachment of Western colonial powers, followed by the emergence of the Philippines and Malaysia as independent nation states, steadily eroded the sultanate's power, according to Wadi.

It became "a sultanate without a kingdom" to rule over, he said. Sulu is now a province within the Republic of the Philippines.

But the sultanate has nonetheless retained influence over some people in the southern Philippines and Sabah who still identify themselves with it, according to Wadi.

Excluded from a peace deal

The members of the sultanate's royal family, although riven by internal disputes over who the rightful sultan is today, appear to have felt isolated by the provisional accord signed in October by the Philippine government and the Moro Islamic Liberation Front, which has fought for decades to establish an independent Islamic state in southern Philippines.

Malaysia, a mainly Muslim country, helped facilitate the agreement.

Kiram was cited by AFP as saying that the sultanate's exclusion from the deal, which aims to set up a new autonomous region to be administered by Muslims, prompted the decision to send the men to Sabah this month.

Dispatching the boat loads of followers to Lahad Datu served to make the sultanate's presence felt, according to Wadi.

"The whole aim is not to create conflict or initiate war, it is just to position themselves and make governments like Malaysia and the Philippines recognize them," he said.

Historical ties

The economic, cultural and historical links between Sabah and the nearby Philippines islands, as well as the porous nature of the border between the two, means that many of the Filipino men have friends and relatives in Lahad Datu.

But the historical connection still fuels tensions between Malaysia and the Philippines, with Manila retaining a "dormant claim" to Sabah through the Sultanate of Sulu, according to the CIA World Factbook.

According to the official Philippine News Agency, Manila still claims much of the eastern part of Sabah, which was leased to the British North Borneo Company in 1878 by the Sultanate of Sulu. In 1963, Britain transferred Sabah to Malaysia, a move that the sultanate claimed was a breach of the 1878 deal.

Malaysia still pays a token rent to the sultanate for the lease of Sabah, according to Wadi.

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Father recalls poignant final moment with slain daughter

The father of a Clemente High School student killed Friday spent Monday morning putting up a memorial to his daughter at the North Side school. Later that morning, he remembered one of the last things he did with his daughter.

It was Friday afternoon, Jose Colon Jr. recalled, and he and his daughter Frances were watching President Barack Obama speak at Hyde Park Academy on the city's South Side. The topic of that speech: The same kind of gun violence that would end his daughter's life later that night.

"She said, 'About time they do something with the gun thing,' " he said, adding that Obama and other elected officials need to "make these people more afraid" to shoot each other by making tougher penalties.

The 46-year-old man wasn't optimistic the president's proposals would come to fruition soon enough.

"It's not over," he said. "This is just the beginning. Wait until summer comes along."

Frances Colon, of the 2900 block of West Armitage Avenue, was shot about 7:05 p.m. Friday in the 1100 block of North Pulaski Road, according to police. She was taken to Mount Sinai Hospital, where she was pronounced dead at 8:16 p.m.

Colon is the third student at Roberto Clemente to be killed this school year, said Clemente's principal Marcey Sorensen.

Rey Dorantes, 14, of the 2400 block of West Augusta Boulevard, a freshman at the school, was shot and killed on Jan. 11. His death came about a month after another Clemente student, Jeffrey Stewart, 16, of the 5200 block of West Race Avenue, was shot and killed on Dec. 9.

"I'm sick of it," said Sorensen. "How many more kids have to die before we do something?"

The school has mobilized a crisis team to support students and staff. Despite the deaths, Sorensen said the students have been coping well.

"Our kids live in fear and because of that, they are incredibly resilient," she said.

Colon was a senior who was preparing to attend college, said Sorensen. She was previously selected as the student of the month, a recognition for students who display good behavior, Sorensen said.

Clemente sophomore Noel Roman said this morning he's not surprised his high school has had to deal with the recent string of fatal shootings.

"Considering the neighborhood, no," he said. "It's barely getting better."

Roman said he didn't know Colon personally, but they shared some friends.

"It's like, 'I was walking with her one day and now she's gone,' " he recalled one of his buddies telling him.

psvitek@tribune.com
Twitter: @Patrick Svitek

nnix@tribune.com
Twitter: @nsnix87

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Time to refer Syrian war crimes to ICC, U.N. inquiry says

GENEVA (Reuters) - United Nations investigators said on Monday that Syrian leaders they had identified as suspected war criminals should face the International Criminal Court (ICC).

The investigators urged the U.N. Security Council to "act urgently to ensure accountability" for violations, including murder and torture, committed by both sides in a conflict that has killed an estimated 70,000 people since a revolt against President Bashar al-Assad began in March, 2011.

"Now really it's time...We have a permanent court, the International Criminal Court, who would be ready to take this case," Carla del Ponte, a former ICC chief prosecutor who joined the U.N. team in September, told a news briefing in Geneva.

The inquiry, led by Brazilian Paulo Pinheiro, is tracing the chain of command to establish criminal responsibility and build a case for eventual prosecution.

"Of course we were able to identify high-level perpetrators," del Ponte said, adding that these were people "in command responsibility...deciding, organizing, planning and aiding and abetting the commission of crimes".

She said it was urgent for the Hague-based war crimes tribunal to take up cases of "very high officials", but did not identify them, in line with the inquiry's practice.

"We have crimes committed against children, rape and sexual violence. We have grave concerns. That is also one reason why an international body of justice must act because it is terrible."

Del Ponte, who brought former Yugoslav President Slobodan Milosevic to the ICC on war crimes charges, said the ICC prosecutor would need to deepen the investigation on Syria before an indictment could be prepared.

Pinheiro, noting that only the Security Council could refer Syria's case to the ICC, said: "We are in very close dialogue with all the five permanent members and with all the members of the Security Council, but we don't have the key that will open the path to cooperation inside the Security Council."

Karen Koning AbuZayd, an American member of the U.N. team, told Reuters it had information pointing to "people who have given instructions and are responsible for government policy, people who are in the leadership of the military, for example".

The inquiry's third list of suspects, building on lists drawn up in the past year, remains secret. It will be entrusted to U.N. High Commissioner for Human Rights, Navi Pillay, upon expiry of its mandate at the end of March, the report said.

Pillay, a former ICC judge, said on Saturday Assad should be probed for war crimes, and called for outside action on Syria, including possible military intervention.

Pinheiro said the investigators would not speak publicly about "numbers, names or levels" of suspects, adding that it was vital to pursue accountability for international crimes "to counter the pervasive sense of impunity" in Syria.

SEVEN MASSACRES IDENTIFIED

The investigators' latest report, covering the six months to mid-January, was based on 445 interviews conducted abroad with victims and witnesses, as they have not been allowed into Syria.

"We identified seven massacres during the period, five on the government side, two on the armed opponents side. We need to enter the sites to be able to confirm elements of proof that we have," del Ponte said.

"For example, in the attack on the university of Aleppo, there is information that it came from the government side and from the rebel side. If we had been able to enter and examine the site and carry out a scientific investigation, we would have a definitive answer," she said.

The U.N. report said the ICC was the appropriate institution for the fight against impunity in Syria. "As an established, broadly supported structure, it could immediately initiate investigations against authors of serious crimes in Syria."

Government forces have carried out shelling and air strikes across Syria including Aleppo, Damascus, Deraa, Homs and Idlib, the 131-page report said, citing corroborating satellite images.

"In some incidents, such as in the assault on Harak, indiscriminate shelling was followed by ground operations during which government forces perpetrated mass killing," it said, referring to a town in the southern province of Deraa where residents told them that 500 civilians were killed in August.

"Government forces and affiliated militias have committed extra-judicial executions, breaching international human rights law. This conduct also constitutes the war crime of murder. Where murder was committed as part of a widespread or systematic attack against a civilian population, with knowledge of that attack, it is a crime against humanity," the U.N. report said.

Those forces have targeted bakery queues and funeral processions to spread "terror among the civilian population".

Rebels fighting to topple Assad have also committed war crimes including murder, torture, hostage-taking and using children under age 15 in hostilities, the U.N. report said.

"They continue to endanger the civilian population by positioning military objectives inside civilian areas" and rebel snipers had caused "considerable civilian casualties", it said.

"The violations and abuses committed by anti-government armed groups did not, however, reach the intensity and scale of those committed by government forces and affiliated militia."

(Reporting by Stephanie Nebehay; Editing by Alistair Lyon)

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Florida hit by "tsunami" of tax identity fraud

MIAMI (Reuters) - Bruce Parton was only a few weeks from retirement after 30 years as a mail carrier in sunny Florida.

He never lived to fulfill his retirement plan of moving back to a quiet life in the Catskill mountains of New York, not far from where he grew up on Long Island.

Instead, he was gunned down on his daily mail route in December 2010 by members of an identity theft ring who stole his master key as part of a scheme to claim fraudulent tax refunds.

Using stolen names and Social Security numbers, criminals are filing phony electronic tax forms to claim refunds, exploiting a slow-moving federal bureaucracy to collect the money before victims, or the Internal Revenue Service, discover the fraud.

Parton was a victim of what officials say has ballooned into a massive, and dangerous, illegal industry that could cost the nation $21 billion over the next five years, according to the U.S. Treasury Department.

While that is a relatively small sum compared to the $1.1 trillion collected from individual tax payers in the last fiscal year, the crime has been growing by leaps and bounds in the last three years.

"We are on the top of a national trend that is causing a hemorrhage of tax dollars," said Wifredo Ferrer, United States Attorney for south Florida. "It's a tsunami of fraud."

While the IRS says it has detected cases in every state except North Dakota and West Virginia, the fraud's epicenter is Florida, and it is mostly concentrated in Miami and Tampa.

Miami has 46 times the per-capita rate of false tax refund claims than the rest of the country, and 70 times the national average in dollar terms, Ferrer told Reuters.

"For whatever reason, we always tend to lead the nation when it comes to fraud," he said, noting that his office has been battling massive Medicare fraud in recent years that has since spread to other parts of the country.

Florida's high proportion of older residents, who can be more vulnerable to fraud, may be one reason for the high levels of fraud in the state.

Nationwide, the number of cases of tax identity theft detected by authorities sky-rocketed to more than 1.2 million cases in 2012 from only 48,000 in 2008, according to the Treasury Department.

The real number of phony tax filings is likely much higher as the fraud is hard to track, according to a November General Accountability Office report.

GANG LINKS

The tax ID theft problem is particularly troubling as, unlike Medicare fraud, it is associated with violent crime and armed gangs.

Tampa police first detected it in 2010 when officers discovered wanted street criminals engaged in tax fraud. "They were holed up in hotels with laptops churning out tax claims," said congresswoman Kathy Castor, who represents the area and is pressing the IRS to get tougher on the fraud.

When agents raided a Howard Johnson in East Tampa in late 2010, they found suspects smoking marijuana and four laptop computers being used to file fraudulent tax returns on Turbo Tax, the tax preparation software, according to police records.

The suspects had lists of personal information containing more than 1,000 names and confidential personal information, multiple re-loadable debit cards, and records of numerous financial transactions. The investigation revealed that the suspects had been camped out in the hotel room for more than a week filing claims.

Tax identity fraudsters are apparently drawn by the ease of the crime, officials say.

"The scheme is very basic, it works virtually the same in almost every case," said Ferrer. "All they need is your name and the tax ID number."

Armed with that information a refund claim can be filed electronically, making up other details on the form, including addresses, employer data, income and deductions.

Criminals obtain the vital numbers using various tactics, often by bribing office workers with access to personnel files inside companies, as well as large public institutions such as hospitals and schools, according to prosecutors.

Last summer a hacker stole 3.8 million unencrypted tax records from the South Carolina Department of Revenue in what is believed to be the largest security breach of a U.S. tax agency. Authorities say they do not know the hacker's motive.

One North Miami man, Rodney Saint Fleur, was charged last year with using the LexisNexis research service account at the law firm where he worked to access names and Social Security numbers of 26,000 people as part of an identity theft scheme, according to court documents.

Victims in Florida have varied from hospital patients, to Holocaust survivors at an elderly Jewish community center, as well as active duty military serving overseas.

In December, a former U.S. Marine from North Miami was sentenced to nearly five years in prison for stealing the identities of more than 40 fellow Marines stationed at Camp Leatherneck in Afghanistan as part of a plot to claim $54,000 in fraudulent income-tax refunds.

In Parton's case the criminals were after his master key that gives postal workers access to mail drop-off boxes and apartment mailboxes. He was shot twice in the chest by a gunman as part of a plot to steal identities in people's mail for tax refund fraud.

The gunman, Pikerson Mentor, 31, was sentenced last month to life plus 42 years.

More than 600 people turned up for Parton's funeral, including postal workers and people who got to know him on his route. "He had been doing that mail route for 10 years and he always had a smile for everyone," said his daughter, Nina Parton.

The criminals stay under the radar using identities of the elderly or the very young, who are unlikely to be filing for earned income, as well as the deceased. They typically claim small refunds, around $3,000, but use multiple identities, with payments often made to pre-paid debit cards.

FIGHTING BACK

The IRS said last week it is intensifying a crackdown on identify theft, with 3,000 agents devoted to tackling the problem, double the number assigned in 2011.

The number of IRS criminal investigations into identity theft more than tripled in the year to September 2012, and it was on pace to double again this year, acting IRS Commissioner Steven Miller told reporters.

The tax collection agency prevented $20 billion in attempted tax refund fraud in fiscal year 2012, up from $14 billion a year earlier, he said.

"It's one of the biggest challenges that faces the IRS today," Miller said. "We're doing much better on all fronts but we have much more to do."

Despite the increase in investigations, the agency still had a backlog of 300,000 cases of people waiting for legitimate refunds after they were victims of fraud. It takes an average of six months to resolve a case, Miller said.

"The IRS have put a lot of resources on it, but they always seem to be behind the curve," said Keith Fogg, a tax professor at Villanova University School of Law.

Electronic filing, which now accounts for 80 percent of returns and was introduced to speed up delivery of refunds, has made the system more vulnerable to fraud.

The IRS is seeking to speed up the loading of data from W-2 payroll forms issued at the beginning of the tax season, a time lapse which gives fraudsters a window of opportunity to file using false data.

The IRS is also looking for ways to authenticate the identity of tax filers at the time of filing to pre-empt fraud, as well as working with the Social Security Administration to limit access to a registry of social security data of deceased tax payers, the so-called "Death Master File", a frequent target of fraud.

"We will not be prosecuting our way out of this. That's not going to be the answer. We're going to have to make it more and more difficult for criminals to profit from this behavior," said Miller. "If they're not successful they will move onto something else."

(Editing by Mary Milliken and Claudia Parsons)

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Hirscher wins worlds slalom at home in Austria

SCHLADMING, Austria (AP) — Overall World Cup champion Marcel Hirscher won the men's slalom title Sunday on the last day of the skiing world championships for his first individual gold medal at a major event.

Cheered loudly by a home crowd of 35,000, the Austrian overcame the pressure of expectation to earn the host nation its second gold of the worlds, after the mixed team event.

Hirscher held onto his first-run lead to finish in a combined time of 1 minute, 51.03 seconds. Felix Neureuther of Germany was 0.41 seconds back in second. Hirscher and Neureuther are also 1-2 in the World Cup discipline standings.

Two-time former champion Mario Matt of Austria took third, 0.65 behind.

"It's awesome," Hirscher said. "I forced myself to think, 'There's nothing at stake, it's just ski racing, it's just a game.' That helped me to handle the pressure. The atmosphere was sensational, super. I had to be careful not to blow it all for them."

Hirscher missed the 2011 worlds because of a broken foot. On Thursday, he injured his back and neck during training but finished second to Ted Ligety in GS the next day and followed it up with Sunday's win. It was the 14th gold in slalom for Austria.

His father and coach, Ferdinand Hirscher, called it "a wonderful day."

"It was very tense as we had to change something on the setup of his boots this morning," Ferdinand said. "But Marcel always stays cool. He tries not to think about titles and championships. He just concentrates on the information the coaches are giving him before a run."

Italian great Alberto Tomba said the Austrian's achievement was "super, super."

"I said three days ago, Marcel is going to win," said Tomba, the 1996 world slalom champion. "It's super he's done it. Felix and Mario were also great."

Ligety, a three-time champion, failed to finish when the American lost his balance and his left boot clicked out of the bindings 15 seconds into his run.

Olympic winner Giuliano Razzoli of Italy skied out on the bottom part in his first run, and defending world champion Jean-Baptiste Grange of France finished 2.43 off the lead in 12th place.

Neureuther, who trailed Hirscher by 0.28 after the first run, won his first individual medal at a major competition.

"It's fantastic," Neureuther said. "I usually try to hide my emotions but I can't do that now. I've finally done what I've tried to do many times before at big events. I am really happy and proud."

Neureuther helped Germany win bronze in the team event. Maria Hoefl-Riesch, who won the women's super-combined title, added two more medals for Germany.

"Everybody was talking about this duel: Marcel vs. Felix — and that's what it was," Neureuther said. "I just tried to avoid the mistakes I made at other championships."

Matt won the world slalom title in 2001 at home and again in 2007. He led the race briefly after a strong second run but was overtaken by both Neureuther and Hirscher.

"You have to fully attack but avoid making it a useless run," Matt said. "I lost a bit of time with a small mistake on the bottom, but I have to be satisfied with bronze."

The course caused many racers problems as mild temperatures softened the top layer of snow.

"The snow felt weird," Hirscher said, and Neureuther added it was "extremely difficult to gain speed on this course. You just don't get the right feeling on it."

Ligety's attempt to win a fourth medal failed shortly after starting his first run.

"I just kind of made a mistake," Ligety said. "I wanted to go really hard forward on the ski and I just peeled it right out of the back of the binding."

Ligety, who also captured the super-G and super-combined titles, could have equaled the 45-year record held by French great Jean-Claude Killy, who won four golds in 1968.

Ligety helped the United States top the medals table, even without Lindsey Vonn, who suffered a season-ending knee injury in the opening race. Mikaela Shiffrin added another gold in the women's slalom, and Julia Mancuso took bronze in super-G.

"It was an awesome world champs," Ligety said. "Of course it was a bummer to go out in the slalom. I just had the ski peel off again, which has been happening this year ... I feel pretty good for the most part. I'm not at the level of consistency of Hirscher or Felix, but I still feel like I have good speed relative to those guys. I just don't put together runs like those guys do."

Ligety's teammates David Chodounsky and Will Brandenburg also failed to finish the opening run.

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