"Fiscal cliff" creates waiting game for payrolls firms

WASHINGTON/NEW YORK (Reuters) - At payroll processing businesses across the United States, the "fiscal cliff" stalemate in Washington means uncertainty over tax-withholding tables just days before the start of 2013.
The U.S. Internal Revenue Service still has not issued the tables for next year that show how much money employers should hold back from workers' paychecks to cover federal income taxes.
Payroll processors need the tables to get their systems geared up for the new year. The tables are set by many factors, including tax rates and annual inflation adjustments.
In anticipation of late-breaking developments, Rochester, New York-based Paychex Inc will be serving Buffalo chicken wings for staffers working late on New Year's Eve, said Frank Fiorille, an executive at the payroll processing giant.
"Our systems are flexible enough that we can wait almost up until the last minute and still make changes," he said.
The IRS appreciates of the impact of Congress' inaction.
"Since Congress is still considering changes to the tax law, we continue to closely monitor the situation," IRS spokesman Terry Lemons said in a statement. "We intend to issue guidance by the end of the year on appropriate withholding for 2013."
Tax rates are slated to rise sharply for most Americans if Congress and President Barack Obama fail to reach an agreement that averts the "fiscal cliff" approaching at year-end.
"The political process will determine one way or the other what" the IRS must do, said Scott Hodge, president of the Tax Foundation, a business-oriented tax research group.
For now, he said, from the tax-collection agency's viewpoint, "doing nothing is probably the best course." This would be because withholding tables distributed now might only have to be revised if Congress acts in the next few days.
Some payroll servicers are not waiting for formal IRS guidance. The American Payroll Association, which represents about 23,000 payroll professionals, told members on Friday to rely on 2012 withholding tables until the IRS releases the new forms for 2013.
The association said its decision was based on a statement earlier this month from an IRS official.
The agency would not confirm that policy on Friday.
Tax preparer H&R Block Inc said it will use 2012 tax-withholding tables if the 2013 tables are not issued.
Executives said they were frustrated with the uncertainty in Washington, but were doing their best to cope.
"We are not doctors or surgeons and this is not life threatening," said Rob Basso with Advantaged Payroll Services, an Auburn, Maine-based payroll processor that serves 30,000 businesses. "It is annoying and disruptive to people's lives, but we will get through it.

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Future of state estate taxes hangs on U.S. "fiscal cliff"

Not necessarily for some state governments that could begin collecting more in estate taxes on wealth left to heirs if the United States goes over the "cliff," allowing sharp tax increases and federal spending cuts to take effect in January.
In an example of federal and state tax law interaction that gets little notice on Capitol Hill, 30 states next year could collect $3 billion more in estate taxes if Congress and President Barack Obama do not act soon, estimated the Urban-Brookings Tax Policy Center, a Washington think tank.
The reason? The federal estate tax would return with a vengeance and so would a federal credit system that shares a portion of it with the 30 states. They had been getting their cut of this tax revenue stream until the early 2000s. That was when the credit system for payment of state estate tax went away due to tax cuts enacted under former President George W. Bush.
With the return of the credit system next year as part of the "cliff," states such as Florida, Colorado and Texas - which have not collected estate tax since 2004 - could resume doing so. California Governor Jerry Brown has already begun to add the anticipated estate tax revenue into his plans, including $45 million of it in his 2012-2013 revised budget.
Brown may or may not be jumping the gun.
CLOUDY CLIFF AHEAD
The outlook on the "fiscal cliff" coming up at year-end is uncertain. Democratic President Barack Obama has said he hopes for a last-minute deal to avert it. That would need to get done soon, with Congress just now coming back from its holiday break.
Chances of an agreement became more remote last week after Republicans in the U.S. House of Representatives fumbled their own legislative attempt to prevent the fiscal jolt that economists say could trigger a recession.
House Speaker John Boehner abruptly adjourned the chamber for the holidays after failing to gather the votes from within his own party to pass legislation he and other Republicans had drafted, after walking out of negotiations with Obama.
Weeks of inconclusive political drama over the "cliff" have focused largely on individual income tax rates and spending on federal programs such Medicare and Social Security, but many tax issues are also involved, including the estate tax.
At the moment, under laws signed a decade ago by Bush, the estate tax is applied to inherited assets at a rate of 35 percent after a $5 million exemption. That means a deceased person can pass on an inheritance of up to $5 million before any tax applies. Inherited wealth passed to a spouse or a federally recognized charity is generally not taxed.
Obama wants to raise the rate to 45 percent after a $3.5 million exemption. Republicans have called for complete repeal of the estate tax, which they call the "death tax," though Boehner earlier this month called for freezing the estate tax at its present level. It was difficult to determine what the Republicans want after last week's events in the House.
STATES STAND TO GAIN
If Congress and Obama do not act by December 31, numerous Bush-era tax laws will expire, including the one on estate taxes. That would mean the estate tax rate will shoot up next year to the pre-Bush levels of 55 percent after a $1 million exemption.
It would also mean that for the first time in years, a portion of that estate tax would go to the states, through the return of the credit system.
Under that old law, estates paying the tax could get a credit against their federal tax bill for state estate tax payments of up to 16 percent of the estate's value.
If the fiscal cliff were allowed to take hold unaltered by Washington, 30 states would again automatically begin getting their share of federal estate taxes. The state laws are generally written so the state estate tax amounts are calculated under a formula based on the amount of the federal credit.
This would help states that have struggled with lower tax revenues since the 2007-2009 financial crisis and resulting recession, according to research by the Pew Center on the States, though painful federal spending cut backs would also hurt the states.

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Exclusive: Profits up, but Britain gets less tax from big firms

Big companies in Britain now pay less tax than they did 12 years ago despite a big jump in profitability, a Reuters analysis of official data shows. Tax campaigners say the trend is the clearest signal yet that tax avoidance has blossomed under a more business-friendly strategy at the UK tax authority Her Majesty's Revenue and Customs (HMRC).
Large companies' payments of corporation tax - the UK equivalent of corporate income tax - totaled 21 billion pounds ($34 billion) in 2011/12, HMRC data shows. That was down five billion pounds or 21 percent since 2000/01 when the government, then controlled by the Labour Party, took the first steps towards a more collaborative approach to big business.
At the same time, the gross operating surplus for all companies in the UK - a widely watched measure of companies' profitability compiled by the Office of National Statistics - has risen 65 percent, to 329 billion pounds. The economy has grown by 55 percent over the same period, and receipts of both personal income tax and small companies' income tax are higher.
HMRC and the finance ministry denied the figures showed an increase in tax avoidance - legal tactics used by multinationals such as Google, Amazon and Starbucks. They cited recent economic weakness and lower corporation tax rates. The UK's official corporation tax rate was steady at 30 percent between 2000 and 2007 but has been gradually cut. In the last tax year it was 26 percent.
Reuters calculations show the lower tax rate and the weak economy account for about half the fall, leaving around 2.6 billion pounds of the difference in the amount of corporate tax paid between 2000/01 and 2011/12 unaccounted for.
John Christensen of Tax Justice Network, a tax campaigningoogleg group, said the figures show successive governments' attempts to create a more business-friendly administration - which includes a policy known as "enhanced relationship" based on mutual trust - have encouraged companies to use such tactics.
"These figures tell a more powerful story than any figures I have seen so far," he said, adding that senior HMRC staff had told him in recent years that they were "alarmed" at the drop in payments from large companies. HMRC defines these as firms with annual profit of more than 1.5 million pounds.
The finance ministry declined to comment on the calculations.
"PARADOXICAL"
Prem Sikka, a professor of accounting at Essex University who has written extensively about tax avoidance, said that even allowing for the tax cut, the figures were "paradoxical".
"How are they managing to reconcile higher profits with lower taxes?" he said. "It can't be done ... unless they are booking these profits somewhere else." Companies reporting for tax purposes are increasingly diverting UK profits to lower-tax jurisdictions, he said.
Google, for example, channels $4 billion of UK sales through Ireland each year, most of which ends up in Bermuda. Google said it complies with tax law in every country in which it operates but that it also has an obligation to its shareholders "to run our business efficiently".
When shown the calculations, an HMRC spokesman said the downward trend may also have been emphasized by a shift in the way taxes were paid from 1999 which led to "elements of double counting" in 2000/01 and 2001/02. That could make revenues in those years look artificially high. He declined to quantify the impact of this.
Sikka dismissed the impact of this change.
"That wouldn't make any difference to the total tax liability," he said.
HMRC's own data does not point to a spike in corporation tax payments over the period the changes were initiated.
Total corporation tax payments were just 2 billion pounds higher in 2001-2002 than in 1998-1999, a rise of 7 percent, while GDP rose 16 percent over the period.
The government's tax minister, David Gauke, who has described corporation tax as one of "the most economically damaging taxes", called the tax authority's current approach "very successful" in a September speech. He declined requests for an interview.

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House sets Sunday session as "fiscal cliff" deadline nears

 The House of Representatives will return to Washington on Sunday night, just over a day before income tax rates are set to spike higher, in a last-ditch chance to avert the year-end "fiscal cliff."
Senior Republican aides confirmed that House Speaker John Boehner on Thursday told members to be back in Washington in time for a 6:30 p.m. EST (2330 GMT) legislative session on Sunday.
The House may then stay in session until January 2, the final day of the current Congress, according to a Twitter message from House Majority Leader Eric Cantor.
That is the day that another component of the "fiscal cliff" - $109 billion in automatic spending cuts to military and domestic programs - is set to start.
The House went on recess a week ago amid a deadlock over how to resolve ways to avoid the $600 billion in tax increases and spending cuts that could throw the U.S. economy back into recession.
Some media outlets reported that Obama would meet with congressional leaders on Friday, but several congressional aides said no such meeting had yet been arranged.
If a meeting occurs, Obama is not expected to offer a new "fiscal cliff" solution and he is instead likely to stick to the outline he set out a week ago for a stop-gap fix, according to a senior Democratic aide.
That would include legislation to shield most Americans from any income tax increase starting on January 1, except for those households with net incomes above $250,000 a year. Obama also wants an extension of expiring benefits for the long-term unemployed.
So far, the Republicans who control the House have refused to go along with any measure that would raise income taxes on anyone.
Meanwhile, House Republican leaders held an approximately 35-minute telephone conference call with rank-and-file members on Thursday, according to one Republican aide.
"There were a lot of different members who spoke on the call. All had questions. All had comments," the aide said, refusing to elaborate.

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New York City faces $811 million budget gap in FY 2014: report

 New York City faces an $811 million budget shortfall in fiscal year 2014 and lowered revenue projections in part because of Superstorm Sandy, the city's Independent Budget Office said on Thursday.
The city's tax revenue collections are likely to grow by just 3.4 percent in fiscal 2014 to $44.8 billion. That figure is $347 million lower than the IBO projected in May, it said.
The dimmer outlook is due to slower expected economic growth, particularly in the banking and securities industries, the IBO said. Near-term losses from Sandy, which ripped into the East Coast on October 29, also dampened projections for the current fiscal year, which ends June 30, 2013.
In June, Mayor Michael Bloomberg and the City Council agreed on a $68.5 billion fiscal 2013 budget that spared 20 fire companies from closing and increased funding for day-care and after-school programs.
To close the projected budget gap, the city is likely to cut spending further and raise fees and fines, among other measures, according to a financial plan proposed by Bloomberg in November.
That plan includes cutting 1,340 jobs through 2014, mostly through attrition, the IBO said.
The city also expects to save $230 million in 2014 by borrowing and refinancing outstanding bonds at low interest rates.
GAP IS SMALL, BUT LABOR PROBLEMS LOOM
Even so, the gap -- which amounts to 1.6 percent of projected revenues -- is small enough to be closed largely through normal year-end accounting procedures, said IBO head Ronnie Lowenstein.
The city has not set aside money for a possible settlement in ongoing negotiations with organized labor, she said.
"There is, at this point, no money set aside in the city's labor reserve to pay retroactive wage and salary increases," she said.
Nearly all of the city's unions have been working without a current contract. The teachers' contract ran out in October 2009.
Under one settlement scenario, the city could owe wages and back pay of more than $5 billion through June 2013, the IBO's report said.
STORM COSTS UNCERTAIN
Before Sandy slammed into the U.S. East Coast, the IBO forecast the gross city product to grow at an annualized rate of 1.6 percent in the fourth quarter of 2012 and 1.2 percent in the first quarter of 2013.
Now, the city's economic output is likely to shrink by 1.0 percent at the end of 2012 and rebound with growth of 1.9 percent in the beginning of 2013 as storm victims repair homes and businesses, the IBO said.
It said Wall Street's importance as an economic driver for the city is expected to continue waning, as it has since the recession.
The financial sector will account for 26.1 percent of aggregate wage growth during from 2013 to 2016 -- compared to pre-recession levels of nearly 60 percent.
Yet New York City could be on track to gain nearly 480,000 payroll jobs from the end of 2009 through late 2016, which would be the greatest employment expansion since 1950, the IBO said.
Medicaid and public pensions cost increases are expected to slow. But spending on debt service payments and health and other benefits will rise, the IBO said.
The city's general obligation bonds are rated AA by Fitch Ratings and Aa2 by Moody's Investors Service.

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Ten Commandments join Isaac Newton's notes online

A copy of The Ten Commandments dating back two millennia and the earliest written Gaelic are just two of a number of incredibly rare manuscripts now freely available online to the world as part of a Cambridge University digital project.
The Nash Papyrus -- one of the oldest known manuscripts containing text from the Hebrew Bible -- has become one of the latest treasures of humanity to join Isaac Newton's notebooks, the Nuremberg Chronicle and other rare texts as part of the Cambridge Digital Library, the university said on Wednesday.
"Cambridge University Library preserves works of great importance to faith traditions and communities around the world," University Librarian Anne Jarvis said in a statement.
"Because of their age and delicacy these manuscripts are seldom able to be viewed - and when they are displayed, we can only show one or two pages."
Before the discovery of the Dead Sea Scrolls, the Nash Papyrus, was by far the oldest manuscript containing text from the Hebrew Bible and like most fragile historical documents, only available to select academics for scrutiny.
The university's digital library is making 25,000 new images, including an ancient copy of the New Testament, available on its website (http://cudl.lib.cam.ac.uk/), which has already attracted tens of millions of hits since the project was launched in December 2011.
The latest release also includes important texts from Judaism, Christianity, Islam, Buddhism, Hinduism and Jainism.
In addition to religious texts, internet users can also view the 10th century Book of Deer, which is widely believed to be the oldest surviving Scottish manuscript and contains the earliest known examples of written Gaelic.
"Now... anyone with a connection to the Internet can select a work of interest, turn to any page of the manuscript, and explore it in extraordinary detail," Jarvis said.
The technical infrastructure required to get these texts to web was in part funded by a 1.5 million pound ($2.4 million) gift from the Polonsky Foundation in June 2010.

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CERN students make "scientist fiction" zombie film

Murderous zombies are stalking the dark underground passageways of the renowned CERN physics centre near Geneva, hunting young scientists who have survived a devastating failure in its world-famous particle collider.
Gaunt men with peeling faces and stony-eyed women dripping blood from their mouths leer around corners and loom from behind wrecked equipment, impervious to the bullets from a gun wielded by one of their would-be victims.
And it is all happening right at the heart of the multi-billion dollar complex where, last July, physicists announced the discovery of what they think is the particle -- the Higgs boson -- which made life and the universe possible.
Well, happening at least on the Internet (http://www.decayfilm.com/). Scientists at the centre on Wednesday said they were pursuing their efforts to reveal the great mysteries of the cosmos and had not noticed anything unusual.
"But that does explain why my neighbor shouted: 'Watch for the Zombies,' when I left for work this morning," said one puzzled physicist who is part of one of the two large teams which jointly tracked down the Higgs.
The gory action comes in an 80-minute horror film, "Decay", shot in 2010 around open areas of the sprawling CERN complex at weekends by budding young scientists from Britain and the United States, without formal management approval.
"They asked for CERN's endorsement once the whole thing was in the can," said spokesman James Gillies. "Clearly we can't endorse such a thing, but nor were we going to stop it. After all, it's just students doing the kind of thing students do."
The movie burst onto the World Wide Web, itself invented at CERN 20 years ago. A notice on its site and a press release from the makers, H2ZZ Productions, declares: "This film has not been authorized or endorsed by CERN."
FLESH-EATERS
The cinematic mayhem follows a disaster in the Large Hadron Collider (LHC), releasing the Higgs and its associated particle field which turn dozens of the technicians working around the subterranean complex into "living dead" flesh-eaters.
A group of scientists is isolated in the control room -- which the filmmakers move underground from its actual location on the surface -- and as they try to break out to safety they are picked off one by one by their zombie colleagues.
"It's a bit of fun in the best tradition of B-series Zombie movies," said a CERN researcher who followed the project. "It's well done, but I can't say the acting is Oscar quality."
"They wanted to make the film as unbelievable as possible, and the scientific 'facts' cited in it are laughable, so no-one could take it seriously."
The producers are at pains to underline that in making their technicolor epic they had no access to the actual 27-km (17-mile) circular tunnel where the LHC and the giant particle detectors and magnets are housed.
The writer and director of the film was Luke Thompson, who apart from his studies at CERN is a physicist and doctoral student at Britain's Manchester University, where the film had an early showing at the end of last month.
Co-producer and director of photography was Burton de Wilde, who holds a physics doctorate from Stony Brook University in the United States. The actors came from among CERN's several hundred doctoral or summer students.
The company set up to market the film says it has showings scheduled for several places in Britain, the United States and Europe.
"It might just turn out to be one of those off-the-wall successes," the CERN researcher said.

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Fandango launches Oscar-themed web series with Dave Karger

 Fandango is elbowing into the Oscar horse race.
The movie-ticket seller launched its first original digital video series Wednesday, "The Frontrunners," which will cover the major contenders for the top awards. The show will feature conversations with a star-studded group of Oscar hunters that includes Richard Gere ("Arbitrage"), Amy Adams ("The Master"), Hugh Jackman ("Les Miserables") and Ben Affleck ("Argo").
During the broadcasts, actors and directors will deconstruct key scenes from their movies, explaining how they crafted a moment of domestic conflict, in the case of Gere, or decided to intercut between a Hollywood script reading and the Iranian Hostage Crisis, as with Affleck.
However, commerce will be mixed in along with the art. Fandango will offer ticketing information along with the digital videos, with the hopes that the clips will inspire users to check out the movie being discussed.
The show, shot at Soho House in Los Angeles, will be hosted by Fandango's Chief Correspondent Dave Karger, the movie guru the company lured over from Entertainment Weekly in September. It's part of a bold bet that Fandango is making on original content.
To that in end, the company tapped former Disney digital executive Paul Yanover to serve in the newly created role of president and tasked him with creating a suite of programming for Fandango and its 41 million unique visitors.
"Our goal with Fandango is to make it the definitive movie-going brand across all platforms," Nick Lehman, the president of digital for NBC Universal Entertainment Networks & Interactive Media, told TheWrap in October. "We want to continue expanding in ways that entertain and inform and video is key to that strategy. Advertisers are clamoring for it because there is a dearth of high quality original video content on the web."
As TheWrap reported exclusively in October, Karger is also planning programs that will center on box office contenders and one program that will boast both A-List actors and below-the-line talent.
New episodes of "The Frontrunners" will air weekly through the Academy Awards on February 24, 2013. The first three installments will be available Wednesday

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Pope needs help sending out blessing in first tweet

After weeks of anticipation bordering on media frenzy, Pope Benedict solemnly put his finger to a computer tablet device on Wednesday and tried to send his first tweet - but something went wrong.
Images on Vatican television appeared to show the first try didn't work. The pope, who still writes his speeches by hand, seems to have pressed too hard and the tweet was not sent right away. So, he needed a little help from his friends.
Archbishop Claudio Maria Celli of the Vatican's communications department showed the pontiff how to do it, but the pope hesitated. Celli touched the screen lightly himself and off went the papal tweet.
"Dear friends, I am pleased to get in touch with you through Twitter. Thank you for your generous response. I bless all of you from my heart," he said in his introduction to the brave new world of Twitter.
The tweet was sent at the end of weekly general audience in the Vatican before thousands of people.
The pope actually has eight linked Twitter accounts. @Pontifex, the main account, is in English. The other seven have a suffix at the end for the different language versions. For example, the German version is @Pontifex_de, and the Arabic version is @Pontifex_ar.
The tweets will be going out in Spanish, English, Italian, Portuguese, German, Polish, Arabic and French. Other languages will be added in the future.
The pope already had just over a million followers in all of the languages combined minutes before he sent his first tweet and the number was growing.
PAPAL Q AND A
Later on Wednesday after the audience was over and the television cameras turned off, the pontiff answered the first of three questions sent to him at #askpontifex.
The first question answered by the pope was: "How can we celebrate the Year of Faith better in our daily lives?"
His answer: "By speaking with Jesus in prayer, listening to what he tells you in the Gospel and looking for him in those in need."
The pope, who, as leader of the Roman Catholic Church already has 1.2 billion followers in the standard sense of the word, won't be following anyone else, the Vatican has said.
After his first splash into the brave new world of Twitter on Wednesday, the contents of future tweets will come primarily from the contents of his weekly general audience, Sunday blessings and homilies on major Church holidays.
They are also expected to include reaction to major world events, such as natural disasters.
The Vatican says papal tweets will be little "pearls of wisdom", which is understandable since his thoughts will have to be condensed to 140 characters, while papal documents often top 140 pages.
The Vatican said precautions had been taken to make sure the pope's certified account is not hacked. Only one computer in the Vatican's secretariat of state will be used for the tweets.
After Wednesday, Benedict won't be pushing the button on his tweets himself. They will be sent by aides but he will sign off on them.
The pope's Twitter page is designed in yellow and white - the colors of the Vatican, with a backdrop of the Vatican and his picture. It may change during different liturgical seasons of the year and when the pope is away from the Vatican on trips.
The pope has given a qualified welcome to social media.
In a document issued last year, he said the possibilities of new media and social networks offered "a great opportunity", but warned of the risks of depersonalization, alienation, self-indulgence, and the dangers of having more virtual friends than real ones.
In 2009, a new Vatican website, www.pope2you.net, went live, offering an application called "The pope meets you on Facebook", and another allowing the faithful to see the pontiff's speeches and messages on their iPhones or iPods.
The Vatican famously got egg on its face in 2009 when it was forced to admit that, if it had surfed the web more, it might have known that a traditionalist bishop whose excommunication was lifted had for years been a Holocaust denier.

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Selling flak jackets in the cyberwars

When the Israeli army and Hamas trade virtual blows in cyberspace, or when hacker groups like Anonymous rise from the digital ether, or when WikiLeaks dumps a trove of classified documents, some see a lawless Internet.
But Matthew Prince, chief executive at CloudFlare, a little-known Internet start-up that serves some of the Web's most controversial characters, sees a business opportunity.
Founded in 2010, CloudFlare markets itself as an Internet intermediary that shields websites from distributed denial-of-service, or DDoS, attacks, the crude but effective weapon that hackers use to bludgeon websites until they go dark. The 40-person company claims to route up to 5 percent of all Internet traffic through its global network.
Prince calls his company the "Switzerland" of cyberspace - assiduously neutral and open to all comers. But just as companies like Twitter, YouTube and Facebook have faced profound questions about the balance between free speech and openness on the Internet and national security and law enforcement concerns, CloudFlare's business has posed another thorny question: what kinds of services, if any, should an American company be allowed to offer designated terrorists and cyber criminals?
CloudFlare's unusual position at the heart of this debate came to the fore last month, when the Israel Defense Forces sought help from CloudFlare after its website was struck by attackers based in Gaza. The IDF was turning to the same company that provides those services to Hamas and the al-Quds Brigades, according to publicly searchable domain information. Both Hamas and al-Quds, the military wing of the Palestinian Islamic Jihad, are designated by the United States as terrorist groups.
Under the USA Patriot Act, U.S. firms are forbidden from providing "material support" to groups deemed foreign terrorist organizations. But what constitutes material support - like many other facets of the law itself - has been subject to intense debate.
CloudFlare's dealings have attracted heated criticism in the blogosphere from both Israelis and Palestinians, but Prince defended his company as a champion of free speech.
"Both sides have an absolute right to tell their story," said Prince, a 38-year old former lawyer. "We're not providing material support for anybody. We're not sending money, or helping people arm themselves."
Prince noted that his company only provides defensive capabilities that enable websites to stay online.
"We can't be sitting in a role where we decide what is good or what is bad based on our own personal biases," he said. "That's a huge slippery slope."
Many U.S. agencies are customers, but so is WikiLeaks, the whistle-blowing organization. CloudFlare has consulted for many Wall Street institutions, yet also protects Anonymous, the "hacktivist" group associated with the Occupy movement.
Prince's stance could be tested at a time when some lawmakers in the United States and Europe, armed with evidence that militant groups rely on the Web for critical operations and recruitment purposes, have pressured Internet companies to censor content or cut off customers.
Last month, conservative political lobbies, as well as seven lawmakers led by Ted Poe, a Republican from Texas, urged the FBI to shut down the Hamas Twitter account. The account remains active; Twitter declined to comment.
MATERIAL SUPPORT
Although it has never prosecuted an Internet company under the Patriot Act, the government's use of the material support argument has steadily risen since 2006. Since September 11, 2001, more than 260 cases have been charged under the provision, according to Fordham Law School's Terrorism Trends database.
Catherine Lotrionte, the director of Georgetown University's Institute for Law, Science and Global Security and a former Central Intelligence Agency lawyer, argued that Internet companies should be more closely regulated.
"Material support includes web services," Lotrionte said. "Denying them services makes it more costly for the terrorists. You're cornering them."
But others have warned that an aggressive government approach would have a chilling effect on free speech.
"We're resurrecting the kind of broad-brush approaches we used in the McCarthy era," said David Cole, who represented the Humanitarian Law Project, a non-profit organization that was charged by the Justice Department for teaching law to the Kurdistan Workers' Party, which is designated by the United States as a terrorist group. The group took its case to the Supreme Court but lost in 2010.
The material support law is vague and ill-crafted, to the point where basic telecom providers, for instance, could be found guilty by association if a terrorist logs onto the Web to plot an attack, Cole said.
In that case, he asked, "Do we really think that AT&T or Google should be held accountable?"
CloudFlare said it has not been contacted about its services by the U.S. government. Spokespeople for Hamas and the Palestinian Islamic Jihad, told Reuters they contracted a cyber-security company in Gaza that out-sources work to foreign companies, but declined to comment further. The IDF confirmed it had hired CloudFlare, but declined to discuss "internal security" matters.
CloudFlare offers many of its services for free, but the company says websites seeking advanced protection and features can see their bill rise to more than $3,000 a month. Prince declined to discuss the business arrangements with specific customers.
While not yet profitable, CloudFlare has more than doubled its revenue in the past four months, according to Prince, and is picking up 3,000 new customers a day. The company has raked in more than $22 million from venture capital firms including New Enterprise Associates, Venrock and Pelion Venture Partners.
Prince, a Midwestern native with mussed brown hair who holds a law degree from the University of Chicago, said he has a track record of working on the right side of the law.
A decade ago, Prince provided free legal aid to Spamhaus, an international group that tracked email spammers and identity thieves. He went on to create Project Honey Pot, an open source spam-tracking endeavor that turned over findings to police.
Prince's latest company, CloudFlare, has been hailed by groups such as the Committee to Protect Journalists for protecting speech. Another client, the World Economic Forum, named CloudFlare among its 2012 "technology pioneers" for its work. But it also owes its profile to its most controversial customers.
CloudFlare has served 4Chan, the online messaging community that spawned Anonymous. LulzSec, the hacker group best known for targeting Sony Corp, is another customer. And since last May, the company has propped up WikiLeaks after a vigilante hacker group crashed the document repository.
Last year, members of the hacker collective UgNazi, whose exploits include pilfering user account information from eBay and crashing the CIA.gov website, broke into Prince's cell phone and email accounts.
"It was a personal affront," Prince said. "But we never kicked them off either."
Prince said CloudFlare would comply with a valid court order to remove a customer, but that the Federal Bureau of Investigation has never requested a takedown. The company has agreed to turn over information to authorities on "exceedingly rare" occasions, he acknowledged, declining to elaborate.
"Any company that doesn't do that won't be in business long," Prince said. But in an email, he added: "We have a deep and abiding respect for our users' privacy, disclose to our users whenever possible if we are ordered to turn over information and would fight an order that we believed was not proper."
Juliannne Sohn, an FBI spokeswoman, declined to comment.
Michael Sussmann, a former Justice Department lawyer who prosecuted computer crimes, said U.S. law enforcement agencies may in fact prefer that the Web's most wanted are parked behind CloudFlare rather than a foreign service over which they have no jurisdiction.
Federal investigators "want to gather information from as many sources as they can, and they're happy to get it," Sussmann said.
In an era of rampant cyber warfare, Prince acknowledged he is something of a war profiteer, but with a wrinkle.

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