China Says It Will Overhaul Re-education System

BEIJING — China will start overhauling its draconian system of re-education through labor in the coming year, according to the state news media, signaling the incoming leadership’s determination to alter one of the government’s more widely despised cudgels for punishing petty criminals, religious dissidents, petitioners and other perceived social irritants.

The brief announcement on Monday, by the official Xinhua news agency, lacked details, but legal advocates said they were hopeful that the five-decade-old system for locking up offenders without trial would be significantly modified, if not abolished altogether.

“If true, this would be an important advance,” said Zhang Qianfan, a law professor at Peking University who has long pushed for the system’s demise. “It’s a tool that is widely abused.”

Established by Mao Zedong in the 1950s to swiftly neutralize political opponents, re-education through labor has evolved into a sprawling extralegal system of 350 camps where more than 100,000 people toil in prison factories and on farms for up to four years. Sentences are meted out by local public security officials, and defendants have no access to lawyers and little chance for appeal.

Since the 1980s, legal scholars and human rights advocates have been urging an end to the system and urging that the prosecution of minor offenses be shifted to criminal courts. The campaign has been re-energized in recent months by several cases, widely promoted in the news media, in which people were consigned to the camps for criticizing or simply annoying local party officials.

Among the more notable cases was that of Ren Jianyu, a college graduate turned village official in southwestern China who was sent to a work camp for “subversion” after investigators found in his closet a T-shirt that declared “Freedom or death.” In November, local officials, apparently cowed by a welter of condemnation in newspapers and on the Internet, cut short his two-year sentence.

A similar backlash also persuaded officials in Hunan Province last summer to free a woman, Tang Hui, who was given an 18-month sentence after she repeatedly protested that the seven men who had raped and forced her 11-year-old daughter into prostitution had been treated too leniently.

But any jubilation that the system might be on its way out was tempered by the manner in which the news emerged. Details of a conference held by top judicial and legal officials were reported online on Monday by a number of news media outlets — including word that the party would “stop using the system” within a year. Those accounts, however, were later deleted, leaving only the brief Xinhua account.

Chen Dongsheng, a bureau chief for the official Legal Daily who listened to a closed-circuit telecast of the meeting, told The Associated Press that Meng Jianzhu, chief of the Communist Party’s politics and law committee, had pledged to end the system, saying it had “played a useful role in the past, but conditions had now changed.”

But Mr. Chen’s microblog postings on the subject promptly disappeared, and he could not be reached for comment.

In its own report, Xinhua used the word “reform,” suggesting the changes to the system labor might be less than sweeping. Such changes could involve giving the system the legislative authority it currently lacks and subjecting decisions to some level of judicial review, although China’s party-controlled courts rarely rule in favor of defendants.

In a separate account of the same meeting, Xinhua included comments by Mr. Meng and Xi Jinping, the incoming president, but left out any mention of re-education through labor. Mr. Xi, who has promised to strengthen the nation’s legal system since his elevation to party secretary in November, reiterated his support for greater rule of law, saying the government should “improve empathy and public credibility of legal affairs work, striving to ensure that the public feels that justice is served in every law case.”

Rights advocates are pleased that the issue is on the leadership’s agenda but said that the devil would be in the details. Previous proposals for change, they noted, have included an 18-month cap on sentences, weekend furloughs for prisoners and access to lawyers for defendants. But such modifications alone, they said, would leave intact the bones of a system that violates international legal conventions as well as Chinese law.

“The risk is we’ll get re-education lite — a system that perpetuates the ability of police to deprive people of liberty for significant periods of time without trial or judicial oversight,” said Nicholas Bequelin, a senior researcher at Human Rights Watch. “My fear is that such a system would end up being harder to do away with.”

Patrick Zuo contributed research.

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On the Road: T.S.A. Experiments With Behavior Screening

The Transportation Security Administration is taking another step back from its one-size-fits-all security screening that requires all airline passengers to remove their belts, shoes and coats at checkpoints.

The agency already makes some exceptions, including allowing some frequent travelers who have passed background checks to move more quickly through security — an E-ZPass, of sorts, called PreCheck for passengers traveling in the United States.

Now, the agency is testing a new behavior detection program where officers use on-the-spot observations and conversations with passengers to select some for the quicker pass through the checkpoint.

The program, which the T.S.A. calls “managed inclusion,” is being tested at airports in Indianapolis and Tampa, Fla. If the tests are successful, the agency plans to expand the program to more airports this year.

The idea is to selectively identify certain passengers who appear to pose no threat and invite them to use special lanes dedicated to the PreCheck program that the agency began in October 2011.

For several years, the T.S.A. has been looking for alternative screening methods to address public dissatisfaction with the current system. But one of those methods, behavior science, has its own critics, who warn of the potential for racial and ethnic profiling. Some critics also question whether the T.S.A. gives adequate training to its behavior detection officers. The officers had been receiving only four days of training, though the agency said recently it was expanding the program to provide “additional specialized training.”

One reason for the expanded program, the agency’s administrator, John S. Pistole, said, is to “make sure that the T.S.A. PreCheck lanes are being fully utilized” throughout the day, rather than just at peak hours. In a year-end report to employees, Mr. Pistole cited as an example what occurred at the Indianapolis airport on the day before Thanksgiving. Nearly a third of all passengers were chosen to go through a dedicated PreCheck lane, rather than the usual less than 5 percent, he said.

David Castelveter, a T.S.A. spokesman, explained how managed inclusion would work if the test phase was deemed successful. “As you are in the queue, behavior detection officers will be observing you, and if they feel that there is nothing that alarms them, you might be asked to come out of the queue, and invited to go through the PreCheck lane,” he said. Behavior detection officers, some with explosive-sniffing dogs, already routinely survey checkpoint lines.

Given the random nature of managed inclusion, there are no guarantees that anyone waiting in a regular checkpoint line will be invited to use one of the exclusive PreCheck lanes. “From time to time you might be pulled out of the line” and invited to use PreCheck, Mr. Castelveter said. Those passengers are able to keep their shoes on and their laptops in their cases, though they still have to go through metal detectors or body-imaging machines at the checkpoints. Their carry-ons are also still put through magnetometers.

It seems to me that the managed inclusion initiative is notable because it is based on the on-site judgment of behavior detection officers, rather than on the background checks that the PreCheck program requires.

Behavior detection officers use techniques familiar in some overseas airports, engaging passengers in casual conversation to look for suspicious behavioral clues.

But the Government Accountability Office has raised questions about the technique. In a 2010 report evaluating the T.S.A. behavior detection program, the G.A.O. cited a National Academy of Sciences study that said “a scientific consensus did not exist on whether behavioral detection principles could reliably be used for counterterrorism purposes.” The T.S.A. disputed that, saying the study did not specifically address airport security, and adding that it was conducting its own detailed research.

PreCheck, which is now at 35 airports in the United States, is still limited in scope. The T.S.A. said PreCheck was used five million times last year. It is open to high-frequency travelers selected by the five major airlines that so far participate — Delta, United, American, US Airways and Alaska. The T.S.A. is working with other domestic airlines to increase participation.

Once they are cleared in background checks, those invited passengers are eligible for boarding passes encoded to allow them to use PreCheck lanes. But randomness is deliberately built into PreCheck, so eligible passengers have no guarantee that they will be allowed to use a PreCheck lane on any given trip.

In addition to the high-frequency passengers selected by airlines, members of the Global Entry program of the Customs and Border Protection agency also are eligible for PreCheck. Global Entry costs $100 for five years and requires a background check and a personal interview. It provides expedited entry via an automated kiosk for airline passengers arriving from overseas, usually allowing them to avoid long lines at Customs and immigration.

I recently got a Global Entry card. The whole process, including the online questionnaire and the subsequent personal interview and fingerprinting at a Customs office, was easy to navigate. Enrollment information is at www.Globalentry.gov.

Managed inclusion, incidentally, is only one of several initiatives that Mr. Pistole has been proposing for this year to expand the population of so-called trusted travelers eligible for less intense checkpoint security. Security experts say that the more frequently people travel, the more “trusted” they become, since their travel patterns are easily determined. Of the roughly 640 million passengers who pass through T.S.A. checkpoints in a year, as many as 40 percent are frequent travelers, “the same people time and time again,” Mr. Pistole said.

Another possible initiative is what Mr. Pistole calls “Global Entry Light.” Details have not yet been worked out, but the basic idea is to adopt some aspects of the international traveler Global Entry program for domestic use by the T.S.A. At a lower enrollment fee, and perhaps with participation by private companies, Global Entry Light would offer expedited screening to qualifying domestic travelers who don’t also travel enough internationally to need the regular Global Entry.

That would be another part of the T.S.A.’s increasing effort this year to “move away from the one-size-fits-all construct” in airport screening and greatly expand the population of so-called trusted travelers eligible for PreCheck, Mr. Pistole said.

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Drug-Testing Company Tied to N.C.A.A. Draws Criticism

KANSAS CITY, Mo. — A wall in one of the conference rooms at the National Center for Drug Free Sport displays magazine covers, each capturing a moment in the inglorious history of doping scandals in sports.

Steve Hebert for The New York Times

The National Center for Drug Free Sport, in Kansas City, Mo., tries to deter doping with programs for high school, college and professional leagues.

Monica Almeida/The New York Times

Don Catlin, formerly of U.C.L.A.’s Olympic Analytical Lab, has raised questions about drug testing at colleges.

The images show Ben Johnson, the sprinter who lost his 1988 Olympic gold medal after testing positive; and Barry Bonds, the tarnished home run king; and Lyle Alzado, one of the first pro football players to admit to steroid use.

“People always assume that it’s the athletes at the top of their sport or the top of their game that are using,” said Frank Uryasz, Drug Free Sport’s founder and president. “But I can assure you that’s not the case. There’s always that desire to be the best, to win. That permeates all level of sport — abuse where you just wouldn’t expect it.”

Over the past quarter-century, athletes like Johnson, Bonds and Alzado stirred widespread concern about doping in sports.

Professional leagues without drug-testing programs have put them in; leagues with drug-testing programs have strengthened them. Congress and medical experts have called on sports officials at all levels to treat doping like a scourge.

It was in this budding American culture of doping awareness that Uryasz found a niche business model. He has spent the past decade selling his company’s services to the country’s sports officials.

The company advises leagues and teams on what their testing protocols should look like — everything from what drugs to test for to how often athletes will be tested to what happens to the specimens after testing. It also handles the collection and testing of urine samples, often with the help of subcontractors.

Drug Free Sport provides drug-testing programs for high school, college and professional leagues.

A privately held company with fewer than 30 full-time employees, it counts among its clients Major League Baseball, the N.F.L., the N.B.A., the N.C.A.A. and about 300 individual college programs.

Many, if not all, of the players on the field Monday night for the Bowl Championship Series title game between Alabama and Notre Dame have participated in a drug-testing program engineered by Drug Free Sport.

Uryasz says his company’s programs provide substantial deterrents for athletes who might consider doping.

Critics, however, question how rigorous the company’s programs are. They say Drug Free Sport often fails to adhere to tenets of serious drug testing, like random, unannounced tests; collection of samples by trained, independent officials; and testing for a comprehensive list of recreational and performance-enhancing drugs.

The critics, pointing to a low rate of positive tests, question Drug Free Sport’s effectiveness at catching athletes who cheat. Since the company began running the N.C.A.A.’s drug-testing program in 1999, for example, the rate of positive tests has been no higher than 1 percent in any year — despite an N.C.A.A. survey of student-athletes that indicated at least 1 in 5 used marijuana, a banned substance. (The N.C.A.A. tests for marijuana at championship competitions but not in its year-round program.)

Uryasz said the rate of positive tests was not meaningful. “I don’t spend a lot of time on the percent positive as being an indicator of very much,” he said.

Independent doping experts contend that having a contract with Drug Free Sport allows sports officials to say they take testing seriously without enacting a truly stringent program.

Don Catlin, the former head of U.C.L.A.’s Olympic Analytical Lab, best known for breaking the Bay Area Laboratory Co-operative doping ring, oversaw the testing of many of Drug Free Sport’s urine samples when he was at U.C.L.A. He said the work by Drug Free Sport and similar companies could be used to mislead fans.

“The problem with these schools is they all want to say they’re doing drug testing, but they’re not really doing anything I would call drug testing,” he said.

A Company’s Origins

Uryasz said he became interested in working with student-athletes while tutoring them as an undergraduate at Nebraska. After he graduated, he earned an M.B.A. from Nebraska and worked in health care administration in Omaha. He said he heard about an opening at the N.C.A.A. through a friend.

Driven in part by scandals in professional sports, the N.C.A.A. voted at its 1986 annual convention to start a drug-testing program.

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Drug-Testing Company Tied to N.C.A.A. Draws Criticism

KANSAS CITY, Mo. — A wall in one of the conference rooms at the National Center for Drug Free Sport displays magazine covers, each capturing a moment in the inglorious history of doping scandals in sports.

Steve Hebert for The New York Times

The National Center for Drug Free Sport, in Kansas City, Mo., tries to deter doping with programs for high school, college and professional leagues.

Monica Almeida/The New York Times

Don Catlin, formerly of U.C.L.A.’s Olympic Analytical Lab, has raised questions about drug testing at colleges.

The images show Ben Johnson, the sprinter who lost his 1988 Olympic gold medal after testing positive; and Barry Bonds, the tarnished home run king; and Lyle Alzado, one of the first pro football players to admit to steroid use.

“People always assume that it’s the athletes at the top of their sport or the top of their game that are using,” said Frank Uryasz, Drug Free Sport’s founder and president. “But I can assure you that’s not the case. There’s always that desire to be the best, to win. That permeates all level of sport — abuse where you just wouldn’t expect it.”

Over the past quarter-century, athletes like Johnson, Bonds and Alzado stirred widespread concern about doping in sports.

Professional leagues without drug-testing programs have put them in; leagues with drug-testing programs have strengthened them. Congress and medical experts have called on sports officials at all levels to treat doping like a scourge.

It was in this budding American culture of doping awareness that Uryasz found a niche business model. He has spent the past decade selling his company’s services to the country’s sports officials.

The company advises leagues and teams on what their testing protocols should look like — everything from what drugs to test for to how often athletes will be tested to what happens to the specimens after testing. It also handles the collection and testing of urine samples, often with the help of subcontractors.

Drug Free Sport provides drug-testing programs for high school, college and professional leagues.

A privately held company with fewer than 30 full-time employees, it counts among its clients Major League Baseball, the N.F.L., the N.B.A., the N.C.A.A. and about 300 individual college programs.

Many, if not all, of the players on the field Monday night for the Bowl Championship Series title game between Alabama and Notre Dame have participated in a drug-testing program engineered by Drug Free Sport.

Uryasz says his company’s programs provide substantial deterrents for athletes who might consider doping.

Critics, however, question how rigorous the company’s programs are. They say Drug Free Sport often fails to adhere to tenets of serious drug testing, like random, unannounced tests; collection of samples by trained, independent officials; and testing for a comprehensive list of recreational and performance-enhancing drugs.

The critics, pointing to a low rate of positive tests, question Drug Free Sport’s effectiveness at catching athletes who cheat. Since the company began running the N.C.A.A.’s drug-testing program in 1999, for example, the rate of positive tests has been no higher than 1 percent in any year — despite an N.C.A.A. survey of student-athletes that indicated at least 1 in 5 used marijuana, a banned substance. (The N.C.A.A. tests for marijuana at championship competitions but not in its year-round program.)

Uryasz said the rate of positive tests was not meaningful. “I don’t spend a lot of time on the percent positive as being an indicator of very much,” he said.

Independent doping experts contend that having a contract with Drug Free Sport allows sports officials to say they take testing seriously without enacting a truly stringent program.

Don Catlin, the former head of U.C.L.A.’s Olympic Analytical Lab, best known for breaking the Bay Area Laboratory Co-operative doping ring, oversaw the testing of many of Drug Free Sport’s urine samples when he was at U.C.L.A. He said the work by Drug Free Sport and similar companies could be used to mislead fans.

“The problem with these schools is they all want to say they’re doing drug testing, but they’re not really doing anything I would call drug testing,” he said.

A Company’s Origins

Uryasz said he became interested in working with student-athletes while tutoring them as an undergraduate at Nebraska. After he graduated, he earned an M.B.A. from Nebraska and worked in health care administration in Omaha. He said he heard about an opening at the N.C.A.A. through a friend.

Driven in part by scandals in professional sports, the N.C.A.A. voted at its 1986 annual convention to start a drug-testing program.

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Design: Who Made That Universal Product Code?

On a Sunday afternoon in 1971, an I.B.M. engineer stepped out of his house in Raleigh, N.C., to consult his boss, who lived across the street. “I didn’t do what you asked,” George Laurer confessed.

Laurer had been instructed to design a code that could be printed on food labels and that would be compatible with the scanners then in development for supermarket checkout counters. He was told to model it on the bull’s-eye-shaped optical scanning code designed in the 1940s by N. Joseph Woodland, who died last month. But Laurer saw a problem with the shape: “When you run a circle through a high-speed press, there are parts that are going to get smeared,” he says, “so I came up with my own code.” His system, a pattern of stripes, would be readable even if it was poorly printed.

That pattern became the basis for the Universal Product Code, which was adopted by a consortium of grocery companies in 1973, when cashiers were still punching in all prices by hand. Within a decade, the U.P.C. — and optical scanners — brought supermarkets into the digital age. Now an employee could ring up a cereal box with a flick of the wrist. “When people find out that I invented the U.P.C., they think I’m rich,” Laurer says. But he received no royalties for this invention, and I.B.M. did not patent it.

As the U.P.C. symbol proliferated, so, too, did paranoia about it. For decades, Laurer has been hounded by people convinced that he has hidden the number 666 inside the lines of his code. “I didn’t get the meat,” Laurer said ruefully, “but I did get the nuts.”

CODE BREAKER
Bill Selmeier runs the ID History Museum, an online archive dedicated to the bar code.

You worked at I.B.M. in the 1970s and then helped promote the U.P.C.?
Yes, I started the seminars where we invited people from the grocery and labeling industry into I.B.M. We were there to reduce their fear.

What were they afraid of?
They were afraid that anything that didn’t work right would reflect badly on them — particularly if it was only their own package that wouldn’t scan. The guy from Birds Eye said, “My stuff always has ice on it when it goes through the checkout.” So we put his package in the freezer and took it out and showed him how it scanned perfectly.

Why are you still so interested in the history of the U.P.C.?
Let me put it this way: What bigger impact can you have on the world than to change the way everyone shops?

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Chinese Newspaper, Southern Weekend, Challenges Censors

Pool photo by

Xi Jinping at a meeting in Beijing in December. Unrest at an influential newspaper, Southern Weekend, has caught the public’s attention.

BEIJING — Turmoil at one of China’s leading newspapers is posing an early challenge to the measured political program of the new Chinese leader Xi Jinping, pitting a pent-up popular demand for change against the Communist Party’s desire to maintain a firm grip.

The unrest at the influential newspaper Southern Weekend began last week when censors appeared to have toned down the paper’s New Year’s letter to readers — traditionally a call for progress in the new year. That caused journalists and their supporters — including students at nearby Sun Yat-sen University — to issue open letters expressing their outrage.

“Our yielding and our silence has not brought a return of our freedom,” the students said in their petition on Sunday, according to a translation by Hong Kong University’s China Media Project. “Quite the opposite, it has brought the untempered intrusion and infiltration of rights by power.”

By Sunday night, the protests had transformed into a real-time melee in the blogosphere — a remarkable development in a country where protests of all kinds are tightly controlled and the media largely know the boundaries of permissible debate.

In this case, the newspaper’s economics and environmental news staffs appeared to declare that they were on strike, while editors loyal to the government shut down or took control of the paper’s official microblogs. One widely distributed staff declaration with 90 signatures said the publication’s microblogs were no longer authentic.

“I don’t know whether it will be a full strike, but I do know the joint statement about the confiscation of the Weibo account has widespread support,” said one former editor, referring to a microblogging site and speaking on the condition of anonymity.

The turmoil at the Guangzhou-based newspaper resonates especially strongly among politically aware Chinese because Mr. Xi chose southern China for a tour after taking power in November. He made a pilgrimage to nearby Shenzhen, where the father of China’s economic reforms, Deng Xiaoping, initiated them two decades ago.

Indeed, Mr. Xi seems to be casting himself in the mold of Deng, who was known for bold economic reforms but who also brooked no opposition to the rule of the Communist Party.

The latest indication was a speech Mr. Xi made that also was published in newspapers on Sunday. Speaking to senior leaders, Mr. Xi repeatedly invoked Deng, especially on the need to adhere to “socialism with Chinese characteristics,” a phrase often used to mean a combination of pragmatic policies and one-party rule. He also praised the prereform era, in what appeared to be an effort to appeal to harder-line Communists.

But part of the reason for the clamor for reforms are hopes that Mr. Xi himself has raised. So far he has won praise by calling for China’s constitutional protections to be put in effect, ordering officials to cut pomp and setting in motion an anticorruption campaign.

These actions seem to have prompted the calls for even bolder reforms.

Beyond the unrest at Southern Weekend, editors of the edgy historical journal Yanhuang Chunqiu published a cover article last week arguing that the existing Constitution offered a basis for political reform and that the party’s failure to abide by it was a central cause of political instability. On Friday, the magazine’s Web site was shut down, with officials claiming that it had failed to update its registration.

A message posted by the journal about the shutdown was forwarded 31,000 times, provoking many scathing criticisms of the government. The chief editor, Wu Si, said the journal’s staff had filed the paperwork and could be back online in 10 days.

Optimists say they hope the measures against the two publications were the result of recalcitrant officials appointed by the departing team of Hu Jintao and Wen Jiabao, whose decade in power was marked by an overriding desire for stability. Many members of Mr. Xi’s team will not take office until the annual meeting of the National People’s Congress in March, and it could take years for Mr. Xi to put allies into important positions of power.

“If Xi does not remove people and promote some officials, his new policies — if he has any — will be sunk by the old people,” said a senior editor at a top party newspaper who asked to remain anonymous because of the delicacy of the subject. “The conflicts between the old and the new have just emerged.”

Chinese politics since Deng’s time have been defined by similar tensions between liberalization and reaction. But Mr. Xi also confronts millions of increasingly outspoken Internet users whose outpourings can confound even China’s heavy censorship.

Zhan Jiang, a professor of media at the Beijing Foreign Studies University, said the public anger showed how expectations had risen. “Currently in China people are unusually sensitive to developments like this, and so the reaction has been quite intense,” Mr. Zhan said.

Some are less sure that the atmosphere is more open, saying the media shutdowns have occurred because Mr. Xi has avoided taking a clear position.

“There are still no clear rules on the media, and so officials stick to using their habitual ways to control the media,” said Li Datong, a prominent Chinese newspaper editor fired for his views. “There won’t be any change until Xi Jinping enunciates any ideas about major change.”

Other commentators doubt this will happen. They note that in previous jobs Mr. Xi upheld the status quo and that now that he has reached the pinnacle of his career he is unlikely to support systemic reform.

“This is a traditional viewpoint: if you change the emperor you’ll have a change of policy and maybe some new, hopeful things,” said the exiled Chinese political commentator Zhang Ping, who goes by the pen name Chang Ping. “But I don’t think this is likely, because you still have an emperor.”

Jonathan Ansfield contributed reporting from Beijing, and Chris Buckley from Hong Kong.

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Advertising: Ad Agency Goodby, Silverstein Opens a New York Office

AN advertising agency is rewriting a lyric of “New York, New York” to proclaim, “If I can make it anywhere, I’ll make it there.”

Goodby, Silverstein & Partners, a leading agency with headquarters in San Francisco, is opening an office in New York. The office, temporarily located at 7 World Trade Center, gives Goodby, Silverstein, which was founded in 1983, a New York presence for the first time.

It is the agency’s second office outside of San Francisco, after one in Detroit that opened in 2010 as Goodby, Silverstein, which is owned by the Omnicom Group, began creating campaigns for the Chevrolet division of General Motors.

Two senior executives have relocated from San Francisco to lead the New York office, which will employ 15 to 25 people. They are Christian Haas, 39, who becomes partner and executive creative director, and Nancy Reyes, 37, who becomes associate partner and managing director.

The agency is occupying the temporary space while its permanent location, 200 Varick Street at Houston Street, is being remodeled. Plans call for an opening in April.

The office opens with work from current clients like Comcast, Elizabeth Arden, Google and YouTube. Goodby, Silverstein’s other clients include Adobe, the California Milk Processor Board, Cisco, Frito-Lay, the National Basketball Association, Nestlé and Sonic. Ms. Reyes and Mr. Haas say they are eager to look for new business in New York with the help of the agency’s co-chairmen and creative directors, Jeff Goodby and Rich Silverstein.

In the “Mad Men” era, only a handful of American ad agencies with heavyweight creative credentials were located outside New York, a city so widely regarded as the heart of advertising that the phrase “Madison Avenue” became shorthand for the industry.

That changed in the 1970s as the business began to decentralize, partly because the dire financial and quality-of-life problems in New York led many talented executives to pursue careers elsewhere. Agencies like Goodby, Silverstein became known almost as much for not being in New York — opting instead for cities like Austin, Tex.; Boston; Los Angeles; Miami; Minneapolis; Portland, Ore.; Richmond, Va.; and San Francisco — as for the ads they created.

Some of those agencies eventually added New York outposts. Some opened in New York but later retreated, and some still eschew New York. But declining to take a bite out of the Big Apple is becoming less appealing, primarily because New York has overcome the perception issues that once cost it so dearly.

“We just lose so many people to New York,” Mr. Goodby said in a phone interview last week from San Francisco. “It’s crazy not to access that.”

The executives who founded agencies outside New York did so to “kindle a ‘creative shop’ feeling,” Mr. Goodby said: a feeling they did not believe they could cultivate in a city dominated by giant, tradition-minded agencies. “I don’t think Rich and I felt we needed a New York office,” he said. “In fact, it was more unique to not have one.”

In his presentations to prospective East Coast clients, Mr. Goodby normally includes a slide that addresses why the agency has its headquarters on the West Coast. It reads: “You call it distance. We call it perspective.”

“I think I’m going to ask to have that slide retired,” he said, laughing.

Goodby, Silverstein was started as Goodby, Berlin & Silverstein by three colleagues at Hal Riney & Partners in San Francisco. The third founder, Andy Berlin, left for New York in 1992, three months after Omnicom acquired the 62.5 percent of the agency that it had not already owned, and he has spent the rest of his career there.

There was talk then that Omnicom would transform the agency into its third worldwide network, joining DDB and BBDO, in an expansion that would start with the opening of an office in New York. But a year later, Omnicom bought TBWA International, now TBWA Worldwide, and made that its third network instead.

“San Francisco is so livable, but there’s nothing like New York,” Mr. Silverstein said in an interview last week in Midtown Manhattan, at which he was joined by Mr. Haas and Ms. Reyes. “It’s a cliché, but it’s true. Go East, young man, go East.”

The executives acknowledge the risks of the move. They do not want other agencies to conclude that Goodby, Silverstein is trying to ride in like the cavalry to rescue Madison Avenue. “There’s nothing wrong with what’s going on in New York,” Mr. Silverstein said. “New York doesn’t ‘need’ another ad agency.”

Likewise, Ms. Reyes said, “there’s nothing wrong with what’s going on at Goodby, Silverstein in San Francisco.”

What became clear was that Goodby, Silverstein was losing prospective employees to New York. It was “less about them saying, ‘I’ve got to go to that agency in New York,’ than, ‘I want to be in New York,’ ” Mr. Silverstein said.

In fact, he said, a major reason he and Mr. Goodby finally decided to open an office in New York was that Ms. Reyes and Mr. Haas had confided that they wanted to move there.

Mr. Haas has worked in São Paulo, Brazil, in addition to San Francisco, but he has never worked in New York. “São Paulo is, in a weird way, kind of like New York,” he said, but “the energy, the buzz” of New York are difficult to duplicate.

Ms. Reyes worked at New York agencies like D’Arcy Masius Benton & Bowles and Ogilvy & Mather before leaving in 2003 to join Goodby, Silverstein.

In the last decade, “we lost lots of people in San Francisco to New York,” she said. “We’ll call on them.”

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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.

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

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Slipstream: Legislation Would Regulate Tracking of Cellphone Users

THERE are three things that matter in consumer data collection: location, location, location.

E-ZPasses clock the routes we drive. Metro passes register the subway stations we enter. A.T.M.’s record where and when we get cash. Not to mention the credit and debit card transactions that map our trajectories in comprehensive detail — the stores, restaurants and gas stations we frequent; the hotels and health clubs we patronize.

Each of these represents a kind of knowing trade, a conscious consumer submission to surveillance for the sake of convenience.

But now legislators, regulators, advocacy groups and marketers are squaring off over newer technology: smartphones and mobile apps that can continuously record and share people’s precise movements. At issue is whether consumers are unwittingly acquiescing to pervasive tracking just for the sake of having mobile amenities like calendar, game or weather apps.

For Senator Al Franken, the Minnesota Democrat, the potential hazard is that by compiling location patterns over time, companies could create an intimate portrait of a person’s familial and professional associations, political and religious beliefs, even health status. To give consumers some say in the surveillance, Mr. Franken has been working on a locational privacy protection bill that would require entities like app developers to obtain explicit one-time consent from users before recording the locations of their mobile devices. It would prohibit stalking apps — programs that allow one person to track another person’s whereabouts surreptitiously.

The bill, approved last month by the Senate Judiciary Committee, would also require mobile services to disclose the names of the advertising networks or other third parties with which they share consumers’ locations.

“Someone who has this information doesn’t just know where you live,” Mr. Franken said during the Judiciary Committee meeting. “They know the roads you take to work, where you drop your kids off at school, the church you attend and the doctors that you visit.”

Yet many marketers say they need to know consumers’ precise locations so they can show relevant mobile ads or coupons at the very moment a person is in or near a store. Informing such users about each and every ad network or analytics company that tracks their locations could hinder that hyperlocal marketing, they say, because it could require a new consent notice to appear every time someone opened an app.

“Consumers would revolt if this was the case, and applications could be rendered useless,” said Senator Charles Grassley, the Iowa Republican, who promulgated industry arguments during the committee meeting. “Worse yet, free applications that rely on advertising could be pushed by the consent requirement to become fee-based.”

Mr. Franken’s bill may seem intended simply to protect consumer privacy. But the underlying issue is the future of consumer data property rights — the question of who actually owns the information generated by a person who uses a digital device and whether using that property without explicit authorization constitutes trespassing.

In common law, a property intrusion is known as “trespass to chattels.” The Supreme Court invoked the legal concept last January in United States v. Jones, in which it ruled that the government had violated the Fourth Amendment — which protects people against unreasonable search and seizure — by placing a GPS tracking device on a suspect’s car for 28 days without getting a warrant.

Some advocacy groups view location tracking by mobile apps and ad networks as a parallel, warrantless commercial intrusion. To these groups, Mr. Franken’s bill suggests that consumers may eventually gain some rights over their own digital footprints.

“People don’t think about how they broadcast their locations all the time when they carry their phones. The law is just starting to catch up and think about how to treat this,” says Marcia Hofmann, a senior staff lawyer at the Electronic Frontier Foundation, a digital rights group based in San Francisco. “In an ideal world, users would be able to share the information they want and not share the information they don’t want and have more control over how it is used.”

Even some marketers agree.

One is Scout Advertising, a location-based mobile ad service that promises to help advertisers pinpoint the whereabouts of potential customers within 100 meters. The service, previously known as ThinkNear and recently acquired by Telenav, a personalized navigation service, works by determining a person’s location; figuring out whether that place is a home or a store, a health club or a sports stadium; analyzing weather and other local conditions; and then showing a mobile ad tailored to the situation.

Eli Portnoy, general manager of Scout Advertising, calls the technique “situational targeting.” He says Crunch, the fitness center chain, used the service to show mobile ads to people within three miles of a Crunch gym on rainy mornings. The ad said: “Seven-day pass. Run on a treadmill, not in the rain.”

When a person clicks on one of these ads, Mr. Portnoy says, a browser-based map pops up with turn-by-turn directions to the nearest location. Through GPS tracking, Scout Advertising can tell when someone starts driving and whether that person arrives at the site.

Despite the tracking, Mr. Portnoy describes his company’s mobile ads as protective of privacy because the service works only with sites or apps that obtain consent to use people’s locations. Scout Advertising, he adds, does not compile data on individuals’ whereabouts over time.

Still, he says, if Congress were to enact Mr. Franken’s location privacy bill as written, it “would be a little challenging” for the industry to carry out, because of the number and variety of companies involved in mobile marketing.

“We are in favor of more privacy,” Mr. Portnoy says, “but it has to be done within the nuances of how mobile advertising works so it can scale.”

A SPOKESMAN for Mr. Franken said the senator planned to reintroduce the bill in the new Congress. It is one of several continuing government efforts to develop some baseline consumer data rights.

“New technology may provide increased convenience or security at the expense of privacy and many people may find the trade-off worthwhile,” Justice Samuel Alito wrote last year in his opinion in the Jones case. “On the other hand,” he added, “concern about new intrusions on privacy may spur the enactment of legislation to protect against these intrusions.”

E-mail: slipstream@nytimes.com.

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Ex-Officer Is First in C.I.A. to Face Prison for a Leak

Christaan Felber for The New York Times

John Kiriakou with his daughter Kate at home in Arlington, Va., last month. He has struggled with how to explain to his children that he will be going away.

WASHINGTON — Looking back, John C. Kiriakou admits he should have known better. But when the F.B.I. called him a year ago and invited him to stop by and “help us with a case,” he did not hesitate.

Timeline

Leak-Related Cases Prosecuted During the Obama Administration

Christaan Felber for The New York Times

Mr. Kiriakou is scheduled to be sentenced to 30 months in prison as part of a plea deal.

In his years as a C.I.A. operative, after all, Mr. Kiriakou had worked closely with F.B.I. agents overseas. Just months earlier, he had reported to the bureau a recruiting attempt by someone he believed to be an Asian spy.

“Anything for the F.B.I.,” Mr. Kiriakou replied.

Only an hour into what began as a relaxed chat with the two agents — the younger one who traded Pittsburgh Steelers talk with him and the senior investigator with the droopy eye — did he begin to realize just who was the target of their investigation.

Finally, the older agent leaned in close and said, by Mr. Kiriakou’s recollection, “In the interest of full disclosure, I should tell you that right now we’re executing a search warrant at your house and seizing your electronic devices.”

On Jan. 25, Mr. Kiriakou is scheduled to be sentenced to 30 months in prison as part of a plea deal in which he admitted violating the Intelligence Identities Protection Act by e-mailing the name of a covert C.I.A. officer to a freelance reporter, who did not publish it. The law was passed in 1982, aimed at radical publications that deliberately sought to out undercover agents, exposing their secret work and endangering their lives.

In more than six decades of fraught interaction between the agency and the news media, John Kiriakou is the first current or former C.I.A. officer to be convicted of disclosing classified information to a reporter.

Mr. Kiriakou, 48, earned numerous commendations in nearly 15 years at the C.I.A., some of which were spent undercover overseas chasing Al Qaeda and other terrorist groups. He led the team in 2002 that found Abu Zubaydah, a terrorist logistics specialist for Al Qaeda, and other militants whose capture in Pakistan was hailed as a notable victory after the Sept. 11 attacks.

He got mixed reviews at the agency, which he left in 2004 for a consulting job. Some praised his skills, first as an analyst and then as an overseas operative; others considered him a loose cannon.

Mr. Kiriakou first stumbled into the public limelight by speaking out about waterboarding on television in 2007, quickly becoming a source for national security journalists, including this reporter, who turned up in Mr. Kiriakou’s indictment last year as Journalist B. When he gave the covert officer’s name to the freelancer, he said, he was simply trying to help a writer find a potential source and had no intention or expectation that the name would ever become public. In fact, it did not surface publicly until long after Mr. Kiriakou was charged.

He is remorseful, up to a point. “I should never have provided the name,” he said on Friday in the latest of a series of interviews. “I regret doing it, and I never will do it again.”

At the same time, he argues, with the backing of some former agency colleagues, that the case — one of an unprecedented string of six prosecutions under President Obama for leaking information to the news media — was unfair and ill-advised as public policy.

His supporters are an unlikely collection of old friends, former spies, left-leaning critics of the government and conservative Christian opponents of torture. Oliver Stone sent a message of encouragement, as did several professors at Liberty University, where Mr. Kiriakou has taught. They view the case as an outrage against a man who risked his life to defend the country.

Whatever his loquaciousness with journalists, they say, he neither intended to damage national security nor did so. Some see a particular injustice in the impending imprisonment of Mr. Kiriakou, who in his first 2007 appearance on ABC News defended the agency’s resort to desperate measures but also said that he had come to believe that waterboarding was torture and should no longer be used in American interrogations.

Bruce Riedel, a retired veteran C.I.A. officer who led an Afghan war review for Mr. Obama and turned down an offer to be considered for C.I.A. director in 2009, said Mr. Kiriakou, who worked for him in the 1990s, was “an exceptionally good intelligence officer” who did not deserve to go to prison.

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