Ahead of hearing, Einhorn reiterates case against Apple

NEW YORK (Reuters) – David Einhorn reiterated his arguments Friday that a judge should block a shareholder vote on Apple Inc‘s proposal to eliminate its ability to issue preferred shares without investor approval, days before a court hearing.

In court filings in U.S. District Court in Manhattan, Einhorn’s Greenlight Capital attempted to rebut Apple’s arguments that the company’s proposal was “pro-shareholder.”

“Apple should not be allowed to substitute its judgment for its shareholders’ judgment, and should be enjoined” from letting the vote proceed, Greenlight said in a motion.

A hearing on Einhorn’s motion for an injunction against the February 27 vote on the proxy proposal is set for Tuesday. A spokesman for Apple declined comment.

Greenlight sued Apple last week as part of Einhorn’s larger effort to have the iPhone maker share more of its $ 137 billion in cash with investors.

As part of that goal, Einhorn has pushed for Apple to issue to its shareholders perpetual preferred stock with a 4 percent dividend.

Among the Apple proxy proposals up for a vote February 27 is Proposal No. 2, which would remove the company’s current system of issuing preferred stock at its discretion without a shareholder vote.

Greenlight’s lawsuit contends Apple violated U.S. Securities and Exchange rules by “bundling” three separate amendments to its charter into Proposal No. 2. While Greenlight supports two of the amendments, it does not back the one related to preferred stock.

Apple in a Wednesday filing argued the proposal was not bundled and that it had not forced shareholders into an unfair choice. It also noted Proposal No. 2 was supported by proxy advisory services Institutional Shareholder Services and Glass, Lewis & Co.

But Einhorn argued on Friday that ISS and Glass Lewis’s support is premised on the belief that eliminating so-called “blank check” preferred stock powers enables a company to defend itself against a takeover.

“In my view, Apple is not a realistic take-over candidate because of, among other things, its enormous market capitalization,” Einhorn wrote.

At Tuesday’s hearing, U.S. District Judge Richard Sullivan will also hear a separate challenge by an Apple investor from Pennsylvania to block not just the Proposal No. 2 vote, but also an advisory “say-on-pay” vote on executives compensation.

The investor, Brian Gralnick, contends Apple has not disclose enough details about how it made its decisions in awarding restricted stock units to certain executives.

Apple responded that its disclosures were adequate and appropriate.

The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.

(Reporting By Nate Raymond; Editing by Leslie Gevirtz)

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Stories You Loved: Mariska Hargitay Loves Her Curves from Motherhood

02/16/2013 at 02:30 PM EST

Mariska Hargitay

Courtesy Ladies Home Journal

In another week of tragedy, it was a breath of fresh air to read something lighthearted, like Mariska Hargitay's outlook on her body after baby.

Readers loved the reason why the Law & Order: Special Victims Unit star, 49, embraces her curves.

"I love my curves because they scream, 'I'm a mama!' " the actress said. "I'm the girl who started wearing maternity pants about an hour after I found out I was pregnant because I was so excited about becoming a mom."

Curves aside, Hargitay acknowledges that she no longer has the body she had when she was younger, but she's just fine with it.

"Things are sagging a bit – I'm not going to lie," she says. "But am I going to be upset about the sag or am I going to look at my three gorgeous kids and my husband and count my lucky stars? I try to focus on who I am rather than who I'm not."

For the full story, click here.

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UN warns risk of hepatitis E in S. Sudan grows

GENEVA (AP) — The United Nations says an outbreak of hepatitis E has killed 111 refugees in camps in South Sudan since July, and has become endemic in the region.

U.N. refugee agency spokesman Adrian Edwards says the influx of people to the camps from neighboring Sudan is believed to be one of the factors in the rapid spread of the contagious, life-threatening inflammatory viral disease of the liver.

Edwards said Friday that the camps have been hit by 6,017 cases of hepatitis E, which is spread through contaminated food and water.

He says the largest number of cases and suspected cases is in the Yusuf Batil camp in Upper Nile state, which houses 37,229 refugees fleeing fighting between rebels and the Sudanese government.

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G20 steps back from currency brink, heat off Japan

MOSCOW (Reuters) - The Group of 20 nations declared on Saturday there would be no currency war and deferred plans to set new debt-cutting targets, underlining broad concern about the fragile state of the world economy.

Japan's expansive policies, which have driven down the yen, escaped direct criticism in a statement thrashed out in Moscow by policymakers from the G20, which spans developed and emerging markets and accounts for 90 percent of the world economy.

Analysts said the yen, which has dropped 20 percent as a result of aggressive monetary and fiscal policies to reflate the Japanese economy, may now continue to fall.

"The market will take the G20 statement as an approval for what it has been doing -- selling of the yen," said Neil Mellor, currency strategist at Bank of New York Mellon in London. "No censure of Japan means they will be off to the money printing presses."

After late-night talks, finance ministers and central bankers agreed on wording closer than expected to a joint statement issued last Tuesday by the Group of Seven rich nations backing market-determined exchange rates.

A draft communiqué on Friday had steered clear of the G7's call for economic policy not to be targeted at exchange rates. But the final version included a G20 commitment to refrain from competitive devaluations and stated monetary policy would be directed only at price stability and growth.

"The mood quite clearly early on was that we needed desperately to avoid protectionist measures ... that mood permeated quite quickly," Canadian Finance Minister Jim Flaherty told reporters, adding that the wording of the G20 statement had been hardened up by the ministers.

As a result, it reflected a substantial, but not complete, endorsement of Tuesday's proclamation by the G7 nations - the United States, Japan, Britain, Canada, France, Germany and Italy.

As with the G7 intervention, Tokyo said it gave it a green light to pursue its policies unchecked.

"I have explained that (Prime Minister Shinzo) Abe's administration is doing its utmost to escape from deflation and we have gained a certain understanding," Finance Minister Taro Aso told reporters.

"We're confident that if Japan revives its own economy that would certainly affect the world economy as well. We gained understanding on this point."

Flaherty admitted it would be difficult to gauge if domestic policies were aimed at weakening currencies or not.

NO FISCAL TARGETS

The G20 also made a commitment to a credible medium-term fiscal strategy, but stopped short of setting specific goals as most delegations felt any economic recovery was too fragile.

The communiqué said risks to the world economy had receded but growth remained too weak and unemployment too high.

"A sustained effort is required to continue building a stronger economic and monetary union in the euro area and to resolve uncertainties related to the fiscal situation in the United States and Japan, as well as to boost domestic sources of growth in surplus economies," it said.

A debt-cutting pact struck in Toronto in 2010 will expire this year if leaders fail to agree to extend it at a G20 summit of leaders in St Petersburg in September.

The United States says it is on track to meet its Toronto pledge but argues that the pace of future fiscal consolidation must not snuff out demand. Germany and others are pressing for another round of binding debt targets.

"We had a broad consensus in the G20 that we will stick to the commitment to fulfill the Toronto goals," German Finance Minister Wolfgang Schaeuble said. "We do not have any interest in U.S.-bashing ... In St. Petersburg follow-up-goals will be decided."

The G20 put together a huge financial backstop to halt a market meltdown in 2009 but has failed to reach those heights since. At successive meetings, Germany has pressed the United States and others to do more to tackle their debts. Washington in turn has urged Berlin to do more to increase demand.

Backing in the communiqué for the use of domestic monetary policy to support economic recovery reflected the U.S. Federal Reserve's commitment to monetary stimulus through quantitative easing, or QE, to promote recovery and jobs.

QE entails large-scale bond buying -- $85 billion a month in the Fed's case -- that helps economic growth but has also unleashed destabilising capital flows into emerging markets.

A commitment to minimize such "negative spillovers" was an offsetting point in the text that China, fearful of asset bubbles and lost export competitiveness, highlighted.

"Major developed nations (should) pay attention to their monetary policy spillover," Vice Finance Minister Zhu Guangyao was quoted by state news agency Xinhua as saying in Moscow.

Russia, this year's chair of the G20, admitted the group had failed to reach agreement on medium-term budget deficit levels and expressed concern about ultra-loose policies that it and other emerging economies say could store up trouble for later.

On currencies, the G20 text reiterated its commitment last November, "to move more rapidly toward mores market-determined exchange rate systems and exchange rate flexibility to reflect underlying fundamentals, and avoid persistent exchange rate misalignments".

It said disorderly exchange rate movements and excess volatility in financial flows could harm economic and financial stability.

(Additional reporting by Gernot Heller, Lesley Wroughton, Maya Dyakina, Tetsushi Kajimoto, Jan Strupczewski, Lidia Kelly, Katya Golubkova, Jason Bush, Anirban Nag and Michael Martina. Writing by Douglas Busvine. Editing by Timothy Heritage/Mike Peacock)

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Vast Throng in Bangladesh Protests Killing of Activist

Pavel Rahman/Associated Press

Mourners in Bangladesh on Saturday carried the coffin containing the body of Rajib Haider, an organizer who was killed.

NEW DELHI — Tens of thousands of people resumed mass demonstrations in Bangladesh’s capital on Saturday, intensifying their demands for more severe punishment for war criminals from the country’s 1971 liberation war, while also demanding justice for the slaying of a blogger who had been a leading organizer of the protests.

The coffin bearing the body of Rajib Haider, an architect and blogger, was carried through the crowd in a public funeral at Shahbagh, a major intersection in Dhaka, the national capital. Bangladeshi television showed thousands of people kneeling in prayer, chanting slogans or waving banners bearing Mr. Haider’s image. The crowd were estimated at more than 100,000 people.

Prime Minister Sheikh Hasina visited Mr. Haider’s family on Saturday to express her condolences. Mr. Haider’s body was discovered Friday night near his home, after he had been savagely stabbed. His family has told the Bangladeshi news media that they believed that he was killed for his role in the protests and his outspoken criticism of the fundamentalist Islamist political party Jamaat-e-Islami.

“Haider’s killing occurred at a time when the youngsters have awakened and united the whole nation,” the prime minister told Bangladeshi reporters during her visit to the family’s home. “Let me promise that we will not spare the killers.”

Saturday was the 12th consecutive day in which crowds of protesters have poured into the Shahbagh site for demonstrations. The movement began Feb. 5, when a coalition of bloggers called for protests against a verdict by the special tribunal prosecuting people accused of committing atrocities during Bangladesh’s 1971 war of independence from Pakistan.

The tribunal had handed down a life sentence to Abdul Quader Mollah, a Jamaat leader, after convicting him of murder, rape and torture. Protesters, however, demanded that he be sentenced to death, given the severity of his crimes. Many suspected that some sort of political deal had been reached to spare Mr. Mollah’s life.

The bloody legacy of the 1971 war continues to cast a shadow over Bangladesh: an estimated three million people were killed and many of those suspected of committing atrocities have never been prosecuted. Besides the protests in Dhaka, demonstrations have spread to other major cities and towns across the country.

By the weekend, protest organizers had agreed to reduce their round-the-clock demonstrations to only seven hours a day. But they reversed that decision after the killing of Mr. Haider, and the crowds quickly swelled with college students, workers and other citizens.

Meanwhile, followers of Jamaat-e-Islami have staged often violent protests against the government, which the party has accused of manipulating the tribunal as a way to go after political rivals.

The presiding justice of the tribunal has resigned over irregularities that arose over its proceedings.

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Lawyers lick their chops as new study links cell phones to lower brain cancer survival rates

For the past 10 years, a diverse group of epidemiologists has tried to nail down an association between mobile phone use and brain cancer. This has not panned out. Several recent, large-scale European studies have indicated there is no correlation. However, every now and then a research paper still tries to approach the topic from a new and unusual angle and manages to keep the issue alive for awhile longer.

[More from BGR: Verizon’s Galaxy S IV detailed in purported benchmarks]

The February issue of Neuroepidemiology has one of those clever exercises that gives American class action lawyers a glimmer of hope. Oncologists Hardell and Carlberg opted to analyze the survival rates of glioma patients after the diagnosis had been made. This is an interesting twist to the usual theme of simply trying to find a higher frequency of gliomas among heavy cell phone users.

[More from BGR: After using Microsoft’s Surface Pro, going back to the first Surface is agonizing]

The pool of patients was picked from 1997-2003, the period when mobile handset usage had become so prevalent in Sweden that a large percentage of patients used them regularly. In the highest tertile of cumulative wireless phone use, hazard ratio for glioblastoma was 1.2. This means that patients using wireless phones had 20% higher chance of dying.

Oddly, the study claims that mobile phones and cordless phones had a similar effect on survival rates. This is an interesting note because the radiation profiles of late ’90s GSM phones were not similar to cordless phones.

The study has some of the usual flaws that most papers claiming a link between mobile phones and brain cancer possess. The choice to pick the “highest tertile” of heavy wireless phone users for the key finding seems oddly arbitrary. Why not the highest quartile or highest quintile, both of which are far more commonly used in medical studies? Could it be that the statistical results for those slices are weaker?

Ironically, the study admitted there was a survivor benefit for heavy wireless phone users diagnosed with astrocytoma grade I-II. The scientists speculate that this could be due to “exposure-related tumour symptoms leading to earlier diagnosis,” which seems to mean that phone use saved some patients by causing the cancer to develop in a way that made early detection easier.

This is a fairly impressive feat of mental acrobatics.

Research papers trying to nail down the link between mobile phones and cancer keep popping up, mostly in journals with an impact factor under 0.5. Neuroepidemiology is a serious publication, possessing an impact factor of 2.3. This is still far below the heavy hitters like Science and Nature, which float  serenely at impact factor levels topping 30.

It is likely that unless a major study lands in one of these leading scientific journals, large class action lawsuits against major phone vendors will not be launched. The phone-glioma link remains the Holy Grail of the litigation industry though, because first small studies suggesting an association between mobile phone usage and cancer started popping up in late ’90s. If convincing statistical evidence is ever found, lawyers can claim that the phone industry has been aware of the issue for more than a decade and could have taken stronger measures to inform consumers.

It is possible that even if the link exists, the extra risk may be so small that teasing it out from statistical noise and other factors will always be impossible. What complicates the dark quest of class action wizards is that these days, practically everyone uses mobile phones and cancer incidence levels keep shifting due to other environmental and dietary factors.

For now, the $ 100 billion litigation frenzy remains a vague sketch on a legal notepad.

This article was originally published on BGR.com

Wireless News Headlines – Yahoo! News

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Kim Kardashian and Kris Humphries Divorce Is Headed to Trial

By Ken Lee

02/15/2013 at 03:45 PM EST

Kris Humphries and Kim Kardashian

Seth Browarnik/StarTraks

Kim Kardashian had a good day in court Friday in her ongoing divorce battle with Kris Humphries.

A judge ruled that their case – in which Humphries alleges that Kardashian committed fraud by never intending to be married – is ready for trial.

"[Humphries] has had more than adequate time to prepare," L.A. Superior Court Judge Stephen Moloney stated during the Friday hearing. A trial date of May 6 was set. Neither Kardashian nor Humphries were present in court on Friday.

The NBA star's attorney, Marshall Waller – who had filed papers Thursday to be removed from the case – has long claimed difficulty in gathering evidence from various TV studios that work with Kardashian.

Kardashian, whose baby with Kanye West is due in July, has denied Humphries's claims, saying she's been legally "handcuffed" to him ever since they split.

"We want a trial because that's the only way this will end," Kardashian's lawyer Laura Wasser previously told PEOPLE. "There was no fraud. They have no case."

Legal experts say Humphries's chances of winning an annulment based on fraud is a long shot.

By facing off in a trial, Kardashian could potentially win her goal of being divorced from Humphries before her baby's due date.

Both Kardashian and Humphries were ordered to appear in person for an April 12 hearing for a last-ditch attempt to settle the case.

"Every case is capable of settling before trial," Waller told PEOPLE at an earlier hearing.

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Study: Fish in drug-tainted water suffer reaction

BOSTON (AP) — What happens to fish that swim in waters tainted by traces of drugs that people take? When it's an anti-anxiety drug, they become hyper, anti-social and aggressive, a study found. They even get the munchies.

It may sound funny, but it could threaten the fish population and upset the delicate dynamics of the marine environment, scientists say.

The findings, published online Thursday in the journal Science, add to the mounting evidence that minuscule amounts of medicines in rivers and streams can alter the biology and behavior of fish and other marine animals.

"I think people are starting to understand that pharmaceuticals are environmental contaminants," said Dana Kolpin, a researcher for the U.S. Geological Survey who is familiar with the study.

Calling their results alarming, the Swedish researchers who did the study suspect the little drugged fish could become easier targets for bigger fish because they are more likely to venture alone into unfamiliar places.

"We know that in a predator-prey relation, increased boldness and activity combined with decreased sociality ... means you're going to be somebody's lunch quite soon," said Gregory Moller, a toxicologist at the University of Idaho and Washington State University. "It removes the natural balance."

Researchers around the world have been taking a close look at the effects of pharmaceuticals in extremely low concentrations, measured in parts per billion. Such drugs have turned up in waterways in Europe, the U.S. and elsewhere over the past decade.

They come mostly from humans and farm animals; the drugs pass through their bodies in unmetabolized form. These drug traces are then piped to water treatment plants, which are not designed to remove them from the cleaned water that flows back into streams and rivers.

The Associated Press first reported in 2008 that the drinking water of at least 51 million Americans carries low concentrations of many common drugs. The findings were based on questionnaires sent to water utilities, which reported the presence of antibiotics, sedatives, sex hormones and other drugs.

The news reports led to congressional hearings and legislation, more water testing and more public disclosure. To this day, though, there are no mandatory U.S. limits on pharmaceuticals in waterways.

The research team at Sweden's Umea University used minute concentrations of 2 parts per billion of the anti-anxiety drug oxazepam, similar to concentrations found in real waters. The drug belongs to a widely used class of medicines known as benzodiazepines that includes Valium and Librium.

The team put young wild European perch into an aquarium, exposed them to these highly diluted drugs and then carefully measured feeding, schooling, movement and hiding behavior. They found that drug-exposed fish moved more, fed more aggressively, hid less and tended to school less than unexposed fish. On average, the drugged fish were more than twice as active as the others, researcher Micael Jonsson said. The effects were more pronounced at higher drug concentrations.

"Our first thought is, this is like a person diagnosed with ADHD," said Jonsson, referring to attention deficit-hyperactivity disorder. "They become asocial and more active than they should be."

Tomas Brodin, another member of the research team, called the drug's environmental impact a global problem. "We find these concentrations or close to them all over the world, and it's quite possible or even probable that these behavioral effects are taking place as we speak," he said Thursday in Boston at the annual meeting of the American Association for the Advancement of Science.

Most previous research on trace drugs and marine life has focused on biological changes, such as male fish that take on female characteristics. However, a 2009 study found that tiny concentrations of antidepressants made fathead minnows more vulnerable to predators.

It is not clear exactly how long-term drug exposure, beyond the seven days in this study, would affect real fish in real rivers and streams. The Swedish researchers argue that the drug-induced changes could jeopardize populations of this sport and commercial fish, which lives in both fresh and brackish water.

Water toxins specialist Anne McElroy of Stony Brook University in New York agreed: "These lower chronic exposures that may alter things like animals' mating behavior or its ability to catch food or its ability to avoid being eaten — over time, that could really affect a population."

Another possibility, the researchers said, is that more aggressive feeding by the perch on zooplankton could reduce the numbers of these tiny creatures. Since zooplankton feed on algae, a drop in their numbers could allow algae to grow unchecked. That, in turn, could choke other marine life.

The Swedish team said it is highly unlikely people would be harmed by eating such drug-exposed fish. Jonsson said a person would have to eat 4 tons of perch to consume the equivalent of a single pill.

Researchers said more work is needed to develop better ways of removing drugs from water at treatment plants. They also said unused drugs should be brought to take-back programs where they exist, instead of being flushed down the toilet. And they called on pharmaceutical companies to work on "greener" drugs that degrade more easily.

Sandoz, one of three companies approved to sell oxazepam in the U.S., "shares society's desire to protect the environment and takes steps to minimize the environmental impact of its products over their life cycle," spokeswoman Julie Masow said in an emailed statement. She provided no details.

___

Online:

Overview of the drug: http://www.nlm.nih.gov/medlineplus/druginfo/meds/a682050.html

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Wall Street declines with slide in Wal-Mart shares

Finola Hughes has called the upcoming 50th anniversary of "General Hospital" a "really sweet" moment."I think the fact that we, at 'GH,' are doing so well right now, and to enter into our 50th anniversary on such a high, it feels really sweet," the actress, who plays Port Charles Police Chief Anna Devane, told Access Hollywood, when asked about the daytime drama's impending anniversary.

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Indian Troops Kill Pakistani Soldier in Kashmir Border Clash

NEW DELHI — Indian troops have shot and killed another Pakistani soldier at the de facto border between the two countries in Kashmir, adding to an unusually tense period in the disputed region.

A statement released Friday by the Indian Army said that Indian soldiers saw an intruder at 3 p.m. on Thursday in the Nowshera sector of the so-called Line of Control separating the Indian- and Pakistani-held parts of Kashmir. The Indian soldiers challenged the intruder, who “opened indiscriminate fire,” wounding two soldiers, the statement said. The soldiers returned fire and later found a dead Pakistani soldier in uniform, it said.

On Friday at 10 a.m., Pakistani commanders called their Indian counterparts and asked for the body to be returned, according to the Indian statement.

“Acceding to this request,” the statement said, “the dead body was returned to Pakistan Army personnel in the same sector in the evening with military respects.”

A Pakistani military official sent a text message to reporters on Friday saying that the soldier had accidentally crossed the boundary, The Associated Press reported.

The A.P. report said the Pakistani military later issued a statement accusing the Indian troops of killing the soldier after he had explained his mistake.

“We condemn such an inhuman and brutal act of killing our soldier after he had identified himself and explained his position,” the statement said, according to The A. P.

Last month, three Pakistani soldiers and two Indian soldiers were killed at the border, and one of the Indian soldiers was beheaded. The killings heightened tensions between the two nuclear-armed countries to their worst since they agreed to a cease-fire in 2003. The two countries have been in conflict over Kashmir almost since their founding in 1947.

Border skirmishes are not the only immediate problem in Kashmir. Last weekend, Indian authorities executed Mohammed Afzal, known as Afzal Guru, a Kashmiri who was convicted of participating in a 2001 attack on India’s Parliament. Many in Kashmir believe that Mr. Afzal did not receive a fair trial, and have expressed outrage over the timing and circumstances of his execution.

Indian officials put a curfew in place following the execution. Nevertheless, as many as 25 protests have flared around the Indian-held parts of Kashmir, and there have been at least 110 arrests. The region is predominantly Muslim, and curfew was tightened Friday, the Muslim day of prayer, and many of the major mosques in Srinagar, the main city, were closed Friday.

The week before the execution, a Kashmiri girls’ rock band decided to disband after threats against the members were posted on social media sites and a top Muslim cleric asked that they stop performing.

Hari Kumar contributed reporting.

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Broadcasters blame zombie hack on easy passwords

(Reuters) – Poor password security paved the way for hackers to broadcast a bogus warning on television networks, saying that the United States was under attack by zombies, broadcasters said.

Cyber security experts said the equipment the hackers broke into remained vulnerable to further breaches, and that hackers could potentially take control of the equipment to prevent the government from sending out public warnings during an emergency.

Following the attacks Monday on a handful of TV stations, the government ordered broadcasters to change the passwords for the equipment that authorities use to instantly transmit emergency broadcasts through what is known as the Emergency Alert System, or EAS.

The Federal Communications Commission (FCC) would not comment on the attacks, but in an urgent advisory sent to TV stations on Tuesday, the agency said: “All EAS participants are required to take immediate action.”

It instructed them to change passwords on equipment from all manufacturers used to deliver emergency broadcasts to TV networks, interrupting regular programming. The FCC instructed them to ensure that gear was properly secured behind firewalls and to inspect their systems to ensure that hackers had not queued “unauthorized alerts” for future transmission.

VULNERABLE

The attacks come in the wake of warnings by officials and outside security experts that the United States is at risk of a cyber attack that could cause major physical damage or even cost lives. President Barack Obama has told Congress that some hackers were looking for ways to attack the U.S. power grid, banks and air traffic control systems.

While the zombie hoax appeared to be somewhat innocuous, the relatively easy incursion showed that hackers might be able to wreak havoc with more alarming communications.

“It isn’t what they said. It is the fact that they got into the system. They could have caused some real damage,” said Karole White, president of the Michigan Association of Broadcasters.

White and her counterpart in Montana, Greg MacDonald, said they believed the hackers were able to get in because TV stations had not changed the default passwords they used when the equipment was first shipped from the manufacturer.

But Mike Davis, a hardware security expert with a firm known as IOActive Labs, said hackers could still get past new passwords to remotely access the systems.

Davis said he had submitted a report to the Department of Homeland Security’s U.S. Computer Emergency Readiness Team, or US-CERT, about a month ago that detailed the security flaws.

“Changing passwords is insufficient to prevent unauthorized remote login. There are still multiple undisclosed authentication bypasses,” he told Reuters via email. “I would recommend disconnecting them from the network until a fix is available.”

Davis said he was able to use Google Inc’s search engine to identify some 30 systems that he believed were vulnerable to attack as of Wednesday morning.

A spokesman for US-CERT said he could not immediately comment on the matter.

MANY WAYS IN

Stuart McClure, chief executive of cyber security firm Cylance Inc., said he had investigated cases in which hackers accessed EAS systems via a different method: breaking into hidden accounts built into the systems by manufacturers so that service technicians can easily access them for repairs.

“You cannot give a separate pass code to everybody. Nobody is going to remember it. You have to share the secret,” said McClure, who previously ran a unit at Intel Corp’s McAfee security division that investigated cyber attacks.

He declined to discuss the cases he had worked on, saying that would violate client confidentiality.

Broadcasters and security experts warned that attacks on the Emergency Alert System could undermine the government’s ability to communicate with the public in times of crisis.

“While EAS may not control nuclear power or hydroelectric dams or air traffic control, it can be used to cause widespread panic,” McClure said.

Indeed, far worse than broadcasting zombie jokes, hackers who are able to gain control of the equipment could prevent authorities from warning the public about actual emergencies, McClure added.

Federal Emergency Management Agency spokesman Dan Watson said that the “zombie” breach did not have any impact on the government’s ability to activate the Emergency Alert System.

‘BODIES ARE RISING’

The “zombie” hackers targeted two stations in Michigan, and several in California, Montana and New Mexico, White said.

A male voice addressed viewers in a video posted on the Internet of the bogus warning broadcast from KRTV, a CBS affiliate based in Great Falls, Montana: “Civil authorities in your area have reported that the bodies of the dead are rising from the grave and attacking the living.”

The voice warned not “to approach or apprehend these bodies as they are extremely dangerous.”

Bill Robertson, vice president of privately held electronics manufacturer Monroe Electronics of Lyndonville, New York, told Reuters that equipment from his company had been compromised in at least some of the attacks after hackers gained access to default passwords.

Monroe publishes the default passwords for its equipment in user manuals that can be accessed on its public website.

Robertson said that he believed attackers had been able to access the devices over the Internet because television stations had not properly secured the equipment behind fire walls, which is what Monroe recommends.

“The devices were not really locked down right. They were exposed,” he said.

He said that the company was working to beef up security on the equipment and might update its software to compel customers to change default passwords.

(Editing by Lisa Shumaker, Patrick Graham and Bernadette Baum)

Internet News Headlines – Yahoo! News

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Leah Hostalet Helps Find Kidney Transplant Matches on Facebook

This Valentine's Day, kidney transplant recipient Jerry Wilde is celebrating life with his family thanks to a devoted friend, a generous stranger – and Facebook.

When the kidney he had received through a transplant in 1992 developed a cancerous tumor and was surgically removed, Wilde was put back on dialysis and was told that just eight percent of people with his blood type could be his donor. Dozens of friends, family and colleagues were tested to see if they were a match, but to no avail.

"The waiting period for my blood type on the transplant list was long, between two and a half and three years," says Wilde, 50, a professor of educational psychology at Indiana University East. "I didn't think I'd survive that long. I thought, 'Well this just isn't going to happen. I'm just going to wither away.'"

But when Leah Hostalet, Wilde's friend and former student, saw a status update from Wilde in November of 2011 that he was in search of a kidney donor, she wanted to help.

On November 18 she set up a Facebook page, Find a Kidney for Jerry, which included his blood type and other pertinent medical information. Becky Melton – a total stranger to Wilde – saw the page that would change both their lives.

"I was looking for purpose in my life. It just struck me," says Melton, 28, who was scrolling through Facebook when she saw Jerry's page, "I thought, 'I want to do this. This is my guy. I am going to give him my kidney.' "

Melton, a loan processor in Richmond, Ind., and Wilde exchanged information. On December 14, Melton found out she was a match, and texted Wilde a photo of herself holding a sign with a picture of two kidneys on it. The sign read: "We're a match!" Wilde still gets choked up thinking about that day.

"I was standing in the living room in shock," he says. "I had never met this person. It's like, who does this for a complete stranger?"

On February 24, 2012, the transplant took place and Wilde has been healthy ever since.

From left: Becky Melton, Jerry Wilde and Lea Hostalet four months after his transplant

Courtesy Leah Hostalet

Though thrilled for her friend, Hostalet, a 33 year-old mom of three in Brownsburg, Ind., didn't feel her efforts were done.

"I felt drawn to this cause for some reason, and I felt like there was more I could do," she says.

Her solution? Find a Kidney Central, a hub for kidney donation pages that now is home to 161 people who are in need of a new kidney. In the year the page has been up and running it has linked donors for 38 transplants, and has grown from a bulletin board of information into a vibrant support community for those waiting for transplants.

"Everyone who is in need is so supportive of one another," says Hostalet, "The community feel to the page brings me such joy."

Pairing Kidneys Everywhere

The efforts have created a good will cascade effect: Leona Jones of Bedford, Ind., found and utilized Find a Kidney Central. In July, Jones got a call from her transplant coordinator, who had been contacted by Susan Yost, a woman who had seen Jones's page and wanted to donate her kidney. Though Yost and Jones were not a match, they agreed to participate in a paired donation program at IU Health University Hospital.

They were then connected to Peggy McCormick and her nephew Lucas, who needed a second transplant after his first transplanted kidney started to fail. Peggy donated her kidney to Leona, and Susan was a match for Lucas and donated a kidney to him.

"It was just like everything fit," says McCormick, 58, of donating her kidney to Jones. "It was a match made in heaven."

Doctors told McCormick that it was a miracle that Leona was matched.

"Two days before the transplant we all met," says McCormick. "After we had our preliminary labs done they got us all together in a room. There was a lot of hugging and crying."

Adds Jones, "It was very emotional ... I didn't know these people, and for someone to give up part of their body to you, it's indescribable."

From left: Peggy McCormick, Leona Jones, Susan Yost and Lucas McCormick

Courtesy Peggy McCormick

Hostalet has become a passionate advocate for kidney donation, and spends upwards of 28 hours a week on Facebook helping people set up their own pages and spreading information about her site.

Dr. Bryan Becker, transplant physician and former National Kidney Foundation president, calls Hostalet's work exceedingly important.

"Living kidney donor transplantation is a tremendous way to treat kidney failure with a better likelihood of a good outcome," he says.

Lifelong Bond

As for Wilde and Melton, the two say they share a lifelong bond. Melton is a graduate of IU East, and Wilde had a scholarship named after her, The Becky Melton Scholarship, which is given to a student who exemplifies the spirit of giving.

Hostalet, Melton, Wilde and Wilde's daughter met for dinner one night before the surgery. After dinner, Melton posted the following status on Facebook: "I just met four members of my family that I didn't know."

Hostalet says she is continually inspired by those who post to the site.

"Just seeing their strength, moving forward every day even though they're dealing with this extreme struggle in their lives, it makes me want to keep searching for them. I want to keep educating people as to how difficult dialysis is on the body, and the need for living donors."

As for her next steps, she says, "My plans are to keep this page running and spread as much awareness as possible. I'll take it wherever it leads me. I feel like I'm meant to do this."

Those who are interested in registering as an organ donor on Facebook can do so here.
More Heroes Among Us:

• Scott Neeson Left Hollywood to Save Kids in Cambodia's Slums

• Woman Who Lost her Legs in Tornado Starts Foundation to Help Others

Know a hero? Send suggestions to heroesamongus@peoplemag.com. For more inspiring stories, read the latest issue of PEOPLE magazine

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Study: Fish in drug-tainted water suffer reaction

BOSTON (AP) — What happens to fish that swim in waters tainted by traces of drugs that people take? When it's an anti-anxiety drug, they become hyper, anti-social and aggressive, a study found. They even get the munchies.

It may sound funny, but it could threaten the fish population and upset the delicate dynamics of the marine environment, scientists say.

The findings, published online Thursday in the journal Science, add to the mounting evidence that minuscule amounts of medicines in rivers and streams can alter the biology and behavior of fish and other marine animals.

"I think people are starting to understand that pharmaceuticals are environmental contaminants," said Dana Kolpin, a researcher for the U.S. Geological Survey who is familiar with the study.

Calling their results alarming, the Swedish researchers who did the study suspect the little drugged fish could become easier targets for bigger fish because they are more likely to venture alone into unfamiliar places.

"We know that in a predator-prey relation, increased boldness and activity combined with decreased sociality ... means you're going to be somebody's lunch quite soon," said Gregory Moller, a toxicologist at the University of Idaho and Washington State University. "It removes the natural balance."

Researchers around the world have been taking a close look at the effects of pharmaceuticals in extremely low concentrations, measured in parts per billion. Such drugs have turned up in waterways in Europe, the U.S. and elsewhere over the past decade.

They come mostly from humans and farm animals; the drugs pass through their bodies in unmetabolized form. These drug traces are then piped to water treatment plants, which are not designed to remove them from the cleaned water that flows back into streams and rivers.

The Associated Press first reported in 2008 that the drinking water of at least 51 million Americans carries low concentrations of many common drugs. The findings were based on questionnaires sent to water utilities, which reported the presence of antibiotics, sedatives, sex hormones and other drugs.

The news reports led to congressional hearings and legislation, more water testing and more public disclosure. To this day, though, there are no mandatory U.S. limits on pharmaceuticals in waterways.

The research team at Sweden's Umea University used minute concentrations of 2 parts per billion of the anti-anxiety drug oxazepam, similar to concentrations found in real waters. The drug belongs to a widely used class of medicines known as benzodiazepines that includes Valium and Librium.

The team put young wild European perch into an aquarium, exposed them to these highly diluted drugs and then carefully measured feeding, schooling, movement and hiding behavior. They found that drug-exposed fish moved more, fed more aggressively, hid less and tended to school less than unexposed fish. On average, the drugged fish were more than twice as active as the others, researcher Micael Jonsson said. The effects were more pronounced at higher drug concentrations.

"Our first thought is, this is like a person diagnosed with ADHD," said Jonsson, referring to attention deficit-hyperactivity disorder. "They become asocial and more active than they should be."

Tomas Brodin, another member of the research team, called the drug's environmental impact a global problem. "We find these concentrations or close to them all over the world, and it's quite possible or even probable that these behavioral effects are taking place as we speak," he said Thursday in Boston at the annual meeting of the American Association for the Advancement of Science.

Most previous research on trace drugs and marine life has focused on biological changes, such as male fish that take on female characteristics. However, a 2009 study found that tiny concentrations of antidepressants made fathead minnows more vulnerable to predators.

It is not clear exactly how long-term drug exposure, beyond the seven days in this study, would affect real fish in real rivers and streams. The Swedish researchers argue that the drug-induced changes could jeopardize populations of this sport and commercial fish, which lives in both fresh and brackish water.

Water toxins specialist Anne McElroy of Stony Brook University in New York agreed: "These lower chronic exposures that may alter things like animals' mating behavior or its ability to catch food or its ability to avoid being eaten — over time, that could really affect a population."

Another possibility, the researchers said, is that more aggressive feeding by the perch on zooplankton could reduce the numbers of these tiny creatures. Since zooplankton feed on algae, a drop in their numbers could allow algae to grow unchecked. That, in turn, could choke other marine life.

The Swedish team said it is highly unlikely people would be harmed by eating such drug-exposed fish. Jonsson said a person would have to eat 4 tons of perch to consume the equivalent of a single pill.

Researchers said more work is needed to develop better ways of removing drugs from water at treatment plants. They also said unused drugs should be brought to take-back programs where they exist, instead of being flushed down the toilet. And they called on pharmaceutical companies to work on "greener" drugs that degrade more easily.

Sandoz, one of three companies approved to sell oxazepam in the U.S., "shares society's desire to protect the environment and takes steps to minimize the environmental impact of its products over their life cycle," spokeswoman Julie Masow said in an emailed statement. She provided no details.

___

Online:

Overview of the drug: http://www.nlm.nih.gov/medlineplus/druginfo/meds/a682050.html

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Wall Street flat near multi-year highs, M&A helps

NEW YORK (Reuters) - Stocks were little changed on Thursday as investors found few reasons to keep pushing prices higher with major averages near multi-year highs, though a flurry of merger deals kept indexes steady.

Wall Street has rallied lately, with the S&P 500 briefly hitting its highest intraday level since November 2007 in Wednesday's session. Still, there are few obvious catalysts to continue the rally, and while the S&P is on track for its third straight day of gains, none of those daily gains was more than 0.2 percent.

Shares of H.J. Heinz Co jumped 20 percent to $72.40 after it said Warren Buffett's Berkshire Hathaway and 3G Capital will buy the food company for $72.50 a share, or $28 billion including debt. Berkshire's class B shares rose 1.3 percent to $99.22.

Also supporting the market was data showing the number of Americans filing new claims for unemployment benefits fell more than expected in the latest week. The CBOE Volatility index <.vix> fell 1.4 percent, dropping to 12.8.

"While I'm not bearish, I don't see many upside motivations at these levels," said Donald Selkin, chief market strategist at National Securities in New York, who cited the low level of the VIX as a sign the market was overbought.

"We need to digest some of our gains to go higher, but people are so eager to buy on the dips that we're not even seeing dips anymore. People are just chasing the market higher."

Equities have struggled to break above their current levels, where they have been hovering for almost two weeks. The S&P 500 is up more than 6 percent so far this year.

Stocks fell earlier after a report the euro zone's gross domestic product contracted by the steepest amount since the first quarter of 2009. In addition, Japan's GDP shrank 0.1 percent in the fourth quarter, crushing expectations of a modest return to growth.

The Dow Jones industrial average <.dji> was down 10.21 points, or 0.07 percent, at 13,972.70. The Standard & Poor's 500 Index <.spx> was up 1.21 points, or 0.08 percent, at 1,521.54. The Nasdaq Composite Index <.ixic> was up 1.12 points, or 0.03 percent, at 3,197.99.

Constellation Brands soared more than 38 percent to $43.93 after AB InBev's deal to take over Mexican brewer Grupo Modelo was revised to grant Constellation perpetual rights to distribute Corona and other Modelo brands in the United States. U.S. shares of AB InBev gained 5.1 percent to $92.72.

American Airlines and US Airways Group said they plan to merge in a deal that will form the world's biggest air carrier, with an equity valuation of about $11 billion. US Airways shares fell 9.1 percent to $13.32.

Weakness in Europe contributed to a 5 percent drop in revenue from the region for Cisco Systems , which nonetheless beat estimates as it reported its results late Wednesday. The company's shares slid 1.3 percent to $20.87.

General Motors Co reported a weaker-than-expected fourth-quarter profit, also citing bigger losses in Europe alongside lower prices in its core North American market. The stock was off 2.8 percent at $27.88.

(Editing by Nick Zieminski)

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Russia Seeks Arrest of Georgian Politician

MOSCOW — Russian authorities issued an arrest warrant for a Georgian politician, Givi Targamadze, on Thursday, charging that he had incited riots in Russia, in particular by helping to organize an anti-government march last May that culminated in a confrontation between protesters and the riot police.

Russian authorities asserted that the large anti-government protests were being orchestrated by foreign powers, but Mr. Targamadze, a longtime lieutenant of President Mikheil Saakashvili, is the first non-Russian to face criminal charges.

Russian television has broadcast what it says is surveillance video showing Mr. Targamadze meeting with a leftist leader, Sergei Udaltsov, and two of his deputies, at one point offering to deliver large sums of money on behalf of a Russian banker now living in exile.

At the time, Mr. Targamadze said no such meeting had taken place and that the footage had been manufactured by the Prosecutorial Investigative Committee and the Federal Security Service, or F.S.B., the successor to the K.G.B.

“It is clear that this was all prepared in the investigative committee and the F.S.B. headquarters,” he told Dozhd, an Internet news site. “It is sold to the media and then very quickly, at lightning speed, the Investigative Committee reacts.”

A spokeswoman for Georgia’s general prosecutor told Interfax on Thursday that Georgia cannot extradite Mr. Targamadze to Russia because it would violate his rights under the country’s Constitution, but that prosecutors could open a criminal case based on Russia’s request.

Russian analysts noted that the Georgian government did not say Mr. Targamadze’s status as a lawmaker gave him immunity from prosecution. Mr. Saakashvili’s party lost a parliamentary election last October to an opposition coalition intent on repairing Tbilisi’s icy relations with Moscow.

Mr. Targamadze could not be reached for comment on Thursday. A spokesman for the United National Movement, the party he belongs to, said he was traveling outside Georgia. Meanwhile, the police in Moscow said they were working to determine who else in Russia may have had contact with Mr. Targamadze.

Foreign interference in Russian politics was a central theme on Thursday when President Vladimir V. Putin met with top officials at the Federal Security Service, congratulating them on “courageous acts to neutralize internal and external enemies.” Mr. Putin reported that 200 foreign intelligence officers had been identified in 2002, and spoke with satisfaction about new measures restricting foreign financing for nonprofit organizations.

“Any direct or indirect interference in our internal affairs — any form of pressure on Russia, its allies and partners — is unacceptable,” he said, according to a transcript.

He urged the F.S.B. to increase pressure on the Internet, which he said was being used to promote extremist ideas.

“To neutralize different types of extremist structures we need to act as resolutely as possible,” he said. “It is necessary to block attempts by radical groups to use information technologies, Internet resources and social networking Web sites for their propaganda,” he said.

He went on to say that Russian civil society was rapidly becoming more engaged and active, but that uncontrolled speech and organizing could pose a risk to the state.

“Citizens’ right to freedom of speech is unshakable and inviolable — however, no one has the right to sow hatred, to stir up society and the country, and put under threat the life, welfare and peace of millions of our citizens.” He offered a similar warning about citizens’ initiatives, saying the rise in activism “obviously will be supported by the state.”

“At the same time, I want to underline — no one has a monopoly on the right to speak in the name of all Russian society, especially structures that are controlled and financed from abroad,” he said.

The head of the F.S.B., Aleksandr Bortnikov, told Mr. Putin that the United States and its allies had increased “geopolitical pressure” on Russia over the past year, noting that “as before, they consider our state as one of their main competitors in the international arena.”

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Employee Facebook privacy bill advances in Colo.

DENVER (AP) — Facebook profiles and other social-media accounts could be off-limits to employers under a bill approved unanimously in a Colorado House committee Tuesday.

The measure, approved 11-0, would bar most employers from requiring access to their workers’ personal accounts. Several states already have such protections, and dozens more are considering them.

The bill would not prohibit companies from looking at Facebook pages or punishing employees for what they post on their personal sites. But it would ban them from requiring current or potential employees to provide passwords for personal accounts.

The measure’s sponsor said private social media accounts should be considered like physical photographs.

“It’s never been acceptable for en employer to ask to see an employee’s personal photos,” said Rep. Angela Williams, D-Denver.

The bill was amended to exempt law enforcement agencies and corrections workers, since those workers’ personal opinions or off-duty actions can affect their use as witnesses in criminal matters.

“They need to know that the people they have working for them are above reproach and have a higher standard,” said Ann Marie Jensen of the Colorado Association of Chiefs of Police.

Lawmakers rejected a proposal to give all businesses permission to require personal social media access for “legitimate business interests.”

Kim Smiley of the Colorado Defense Lawyers Association suggested businesses should be allowed to require access in some cases. She used examples of an employee threatening violence or bragging about drinking alcohol on the clock.

Lawmakers responded that employers dealt with those problems long before social media networking. Rep. Libby Szabo, R-Arvada, pointed out that employers once used their noses to suss out an employee who drank too much at lunch.

“There was life before Facebook,” Szabo said.

The measure awaits one more committee vote before it’s considered by the full House.

___

House Bill 1046: http://bit.ly/UOffsH

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Jeff Probst Wants an All-Celebrity Season of Survivor

TV Watch

Survivor

By Steve Helling

02/13/2013 at 03:30 PM EST

Neil Patrick Harris (left) and Jeff Probst

Getty; CBS

Will Neil Patrick Harris soon be scheming his way to a Survivor victory?

It could happen. Host Jeff Probst has spoken to the How I Met Your Mother star about playing the game – and is currently looking for other celebrities who want to outwit, outplay and outlast the competition in hopes of being Sole Survivor on the long-running CBS reality show.

A celebrity season actually isn't that far fetched. Last season, The Facts of Life star Lisa Whelchel made the final three. And, in 2001, Kate Hudson and then–husband Chris Robinson showed up for an open audition for Survivor: Australia, before being turned away by producers. (How awesome would that have been?)

But for now, there's Survivor: Caramoan, the show's 26th season, premiering Wednesday night (8 p.m. ET). Ten new players will compete against ten returning players – with early favorites that include Dawn Meehan, a surprisingly tough 42-year-old mother of six from Utah, and Andrea Boehlke, a pretty blonde schemer from Wisconsin.

Catching up with PEOPLE, Jeff Probst reveals what to expect this season – and how a celebrity version would work:

Lisa Whelchel got a lot of buzz last season. Are there any other celebrities you'd like to see play the game?
Mark Burnett and I really want to do a celebrity version. We were just talking about this at a Grammy party last week. Neil Patrick Harris was there, and he told me flat out he wants to play. I challenged him and said "Do you really want to do it, or is this just a fun fantasy that will never happen?" He said, "I want to do it."

So, on the heels of NPH having the guts to say, "I'm in" – I'm putting out the challenge! If you are a celebrity and truly believe you could hack it, it's time to put up. It would be a shortened shoot – maybe 10 days or so – so you can still get back to do your movies and TV shows, and you won't lose so much weight that your agents will panic. But rest assured it will still kick your ass. If we can get a truly great cast together I think CBS would go for it.

Sounds fantastic. But until that happens, there's Survivor Caramoan: Fans vs. Favorites. What can we expect?
Even for Survivor, this is quite an unpredictable season. Evacuations, an impromptu tribal council, emotional breakdowns and a great finish. Of the 26 seasons we've done, I believe this will rank among the most memorable. I also think a couple of new favorites may be born this season.

You've chosen 10 returning contestants to play again – including some surprising choices. Why them?
When deciding on returning players we first look at their popularity. It doesn't mean they have to be well liked, but they must be memorable for something. Then we look at their "story." Is there an expectation surrounding their return – i.e., did Phillip learn anything from playing with Boston Rob? Will Cochran finally stand up and be heard? Will Brandon be able to control his emotions? Can Malcolm finish what he started? With this group we felt each has a story worth telling.

The fans seem awfully young. (Four of the five female fans are under 25.) Do they even stand a chance?
We have a fairly young group of fans, but they know the game well and many have been itching to play for a long time. The question is, will their adoration of the favorites make them vulnerable to a blindside? Or will their enthusiasm be the energy they need to keep up? Favorites have a major advantage going into day one.

Last season, contestant Sarah Dawson caught you by surprise when she kissed you – twice! Have you hired bodyguards to guard your personal space?
It's funny how many people have asked me if I was offended by the kisses. I wasn't at all. The kiss that happened at tribal council was probably due to the delirium brought on by not eating for so long. The kiss at the live reunion show was a funny button at the end of a great season of Survivor. The best part was looking out in the audience to see my wife Lisa laughing hysterically.

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Clues to why most survived China melamine scandal

WASHINGTON (AP) — Scientists wondering why some children and not others survived one of China's worst food safety scandals have uncovered a suspect: germs that live in the gut.

In 2008, at least six babies died and 300,000 became sick after being fed infant formula that had been deliberately and illegally tainted with the industrial chemical melamine. There were some lingering puzzles: How did it cause kidney failure, and why wasn't everyone equally at risk?

A team of researchers from the U.S. and China re-examined those questions in a series of studies in rats. In findings released Wednesday, they reported that certain intestinal bacteria play a crucial role in how the body handles melamine.

The intestines of all mammals teem with different species of bacteria that perform different jobs. To see if one of those activities involves processing melamine, researchers from the University of North Carolina at Greensboro and Shanghai Jiao Tong University gave lab rats antibiotics to kill off some of the germs — and then fed them melamine.

The antibiotic-treated rats excreted twice as much of the melamine as rats that didn't get antibiotics, and they experienced fewer kidney stones and other damage.

A closer look identified why: A particular intestinal germ — named Klebsiella terrigena — was metabolizing melamine to create a more toxic byproduct, the team reported in the journal Science Translational Medicine.

Previous studies have estimated that fewer than 1 percent of healthy people harbor that bacteria species. A similar fraction of melamine-exposed children in China got sick, the researchers wrote. But proving that link would require studying stool samples preserved from affected children, they cautioned.

Still, the research is pretty strong, said microbiologist Jack Gilbert of the University of Chicago and Argonne National Laboratory, who wasn't involved in the new study.

More importantly, "this paper adds to a growing body of evidence which suggests that microbes in the body play a significant role in our response to toxicity and in our health in general," Gilbert said.

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Wall Street rally stalls, S&P 500 skims November 2007 high

NEW YORK (Reuters) - Stocks were little changed on Wednesday amid investor caution after the S&P 500 index briefly hit its highest intraday level since November 2007.

The benchmark index got a boost from Comcast Corp , which said it will buy the rest of NBC Universal for $16.7 billion from General Electric Co .

Equities have been strong performers until recently, buoyed largely by healthy growth in corporate earnings, which helped the S&P 500 to rise 6.5 percent so far this year. The Dow industrials are about 1 percent away from an all-time intraday high, reached in October 2007.

Those gains have left the market vulnerable to a pullback as investors are likely to take profit amid a dearth of new catalysts. While analysts see an upward bias in stocks, recent daily moves have been small and trading volumes light with indexes at multi-year highs.

"I was expecting a 12-15 percent return on the S&P for the whole year of 2013, and we have done about half of that in just 5-6 weeks," said Jack De Gan, principal at Harbor Advisory in Portsmouth, New Hampshire.

"We will hit resistance, but the fundamentals and (microeconomic) picture are looking good, so if there is a correction, it's going to be a brief one."

The Dow Jones industrial average <.dji> was down 39.17 points, or 0.28 percent, at 13,979.53. The Standard & Poor's 500 Index <.spx> was up 0.80 points, or 0.05 percent, at 1,520.23. The Nasdaq Composite Index <.ixic> was up 7.01 points, or 0.22 percent, at 3,193.50.

Investors shrugged off the latest economic data, which showed that retail sales rose just 0.1 percent, as expected, in January as tax increases and higher gasoline prices restrained spending.

The S&P 500 was well above its 50-day moving average of 1,460.92, a sign the market could be overbought.

Comcast agreed late Tuesday to buy General Electric Co's remaining 49 percent stake in NBC Universal for $16.7 billion. Comcast jumped 4.4 percent to $40.70 as the S&P's top percentage gainer while Dow component GE was up 3.3 percent to $23.33.

Deere & Co reported earnings that beat expectations and raised its full-year profit outlook. After initially rallying in premarket trading, the stock fell 3 percent to $91.13.

According to the latest Thomson Reuters data, of the 353 companies in the S&P 500 that have reported results, 70.3 percent have exceeded analysts' expectations, above a 62 percent average since 1994 and 65 percent over the past four quarters.

Fourth-quarter earnings for S&P 500 companies are estimated to have risen 5.3 percent, according to the data, above a 1.9 percent forecast at the start of the earnings season.

Industrial and construction shares fell, though President Barack Obama, in his State of the Union address late Tuesday, called for $50 billion in spending to create jobs by rebuilding degraded roads and bridges.

The Dow Jones Home Construction index <.djushb> was off 0.5 percent.

(Editing by Kenneth Barry and Bernadette Baum)

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A Running Start for a U.S.-Europe Trade Pact

BRUSSELS — Embarking on what could be the biggest trade agreement ever in its economic sweep, officials from the United States and the European Union indicated Wednesday that they had already resolved some of the stickiest issues behind closed doors.

But the sheer ambition of the trade negotiations, which aim not only to eliminate import duties but also synchronize regulations governing products like cars, drugs and medical devices, leaves plenty of room for the talks to bog down in the type of parochial concerns that have derailed past efforts at a trans-Atlantic trade pact.

Ron Kirk, the U.S. Trade Representative, said by telephone Wednesday that this time things would be different. Already, he said, preliminary discussions between him and top E.U. officials have made “very good progress” on issues that have stymied trade relations for years, like health and safety standards applied to food. A final agreement is possible before the end of 2014, he said.

But, Mr. Kirk acknowledged, “we’ve still got a lot of work ahead of us.”

President Barack Obama endorsed a trade pact during his State of the Union address Tuesday, answering pleas from European leaders desperate for a way to speed up economic growth. Though Mr. Obama devoted only a single sentence to the topic, it was the green light that proponents of a trade deal had been hoping for.

“And tonight, I’m announcing that we will launch talks on a comprehensive Transatlantic Trade and Investment Partnership with the European Union,” Mr. Obama said, giving the potential pact a name. He added, “Because trade that is fair and free across the Atlantic supports millions of good-paying American jobs.”

European officials on Wednesday agreed with Mr. Kirk that the timing is favorable for an agreement. And officials in both Brussels and Washington noted that the rising economic might of China gave them further incentive. A broad trade agreement could help ensure that Americans and Europeans, and not the Chinese government, would set standards on product safety or protection of intellectual property in years to come.

“You will now be setting what the rules of the road are for trade that are going to shape the global trading system,” said Karan Bhatia, a former deputy U.S. trade representative who is now vice president for global government affairs at General Electric in Washington.

Unless the United States and Europe are in agreement, in too many future trade cases, “we would be forced to accept Chinese standards,” Karel De Gucht, the trade commissioner who is expected to lead the talks on behalf of Europe, said during an interview. “That’s what it is about.”

José Manuel Barroso, the president of the European Commission — the Union’s administrative arm — said at a news conference here that a trade pact would bolster the economies of the United States and Europe.

“Both of us need growth, and both us also have budgetary difficulties,” Mr. Barroso said. “Trade is the most economic way of promoting growth.”

But Mr. De Gucht, interviewed later, added a note of caution. “The low-hanging fruit doesn’t exist here any more,” he said. “All the easy topics are off the table.”

European leaders, including Prime Minister David Cameron of Britain and Chancellor Angela Merkel of Germany, have been pushing for a trade deal as a low-cost way of stimulating their struggling economies. Mr. Obama’s statement Tuesday will help put to rest complaints by some Europeans that the U.S. president has not paid enough attention to his country’s largest trading partner.

“A deal will create jobs on both sides of the Atlantic and make our countries more prosperous,” Mr. Cameron said in statement. “Breaking down the remaining trade barriers and securing a comprehensive deal will require hard work and bold decisions on both sides.”

Between them, the United States and Europe account for about half of global economic output and one-third of world trade. Trade in goods between the Union and America totaled $646 billion last year, according to U.S. government figures.

According to Mr. Kirk, the trade representative, the Union is the best customer for U.S. exports, buying $459 billion in goods and services and supporting 2.4 million American jobs.

“I don’t know if I would call it the biggest trade agreement in the history of the planet,” Mr. Kirk said, “but it is really a very big deal.”

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Vertu Releases $10,000 Smartphone with Year-Old Software, No 4G

Luxury smartphone company Vertu has just released the Vertu Ti, the price of which is not listed on its website but was reported by Alex Dobie of Android Central to be $ 10,000. It runs a version of the Android operating system, Ice Cream Sandwich, which is more than a year old, and lacks other typical high-end smartphone features like 4G wireless Internet.

But then, with “Titanium Black Leather” in bold at the top of its feature list — with “size and weight,” “materials,” and “services” right afterwards — it’s pretty clear which “specs” Vertu is hoping its buyers will care about.

Software and specs

Vertu’s website describes “the devices [sic] 1.7 GHz processor” and its “uniquely tailored user interface,” a custom UI layer which superficially resembles Samsung’s Touchwiz and is running on top of Android 4.0. Its processor is dual-core, and its 3.7-inch screen is about as small as the old iPhone’s.

On the other hand, the Vertu Ti does have 64 GB of flash storage, as well as a 1.3-megapixel front-facing camera and an 8-megapixel rear-facing shooter which can record 1080p video.

The key to the kingdom

The Vertu Ti’s most unique feature is the “Vertu Key,” a button on the side of the phone which can be used to call 24/7 concierge service from anywhere in the world — or at least, anywhere in the world where it has a signal. There’s also a text-based live chat option, a Windows-style remote assist feature, and an app which appears to do nothing but display personalized ads (the company calls them “independently sourced articles and privileges”).

Putting the “hard” in hardware

The materials used do have some practical benefits. Vertu’s website claims that the Vertu Ti’s chassis is “around five times stronger than other smart phones [sic].” Meanwhile, a BBC News report said that one Vertu handset survived being run over by a truck, or that it was at least “intact and working” afterwards.

The same report quoted Vertu Head of Design Hutch Hutchison as saying the phone’s sapphire screen can only be scratched by diamond. With its price tag and luxury design however, Vertu is not competing in the same space as Panasonic’s military-grade, ruggedized hardware.

Are the phones worth it?

That’s up to the very few people who societies choose to reward with the disposable income to buy them — people like the bankers at the former Lehman Brothers firm, which is believed to have been instrumental in causing the global financial crisis and the closing of which impacted Vertu’s sales, according to the BBC article.

Roughly 326,000 Vertu phones (of all kinds) have been sold worldwide. China is reportedly Vertu’s biggest market.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.

Linux/Open Source News Headlines – Yahoo! News

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Ed Sheeran: Five Things to Know

By JESSICA HERNDON

02/12/2013 at 03:50 PM EST

Elton John doesn't perform with just anyone. So when he took the stage at Sunday night's Grammys with folkie Brit Ed Sheeran to duet on the newcomer's Grammy nominated hit "The A Team," it was a moment to remember.

Here are five things to know about the 21-year-old folk singer, whose debut, +, has sold over two million copies worldwide.

1. He's penned tracks for both Taylor Swift and One Direction
Sheeran cowrote "Everything Has Changed," off of Taylor Swift's latest album Red. "It was fate," he says of how he and Swift, 23, connected. The two musicians, who were fans of each other's work, "just started hanging out," says Sheeran. He also cowrote One Direction's hit "Little Things." Who's his favorite 1D member? Harry Styles, who was his pal prior to the boy band hitting it big.

2. He digs his red hair
"It makes me individual and makes me stand out," he says. "It would be foolish to change it." And he's in good company with fellow musicians like Florence + the Machine also sporting red tresses. "There are more redheads in pop than you think!"

3. He has a big crush on another (occasional) redhead
Though he jokes about wishing he could have taken Eva Longoria as his date to the Grammys, Sheeran says he really holds a candle for actress Emma Stone. "But she's all kinds of taken now so I need to find someone else," he chuckles. Could he find love with pal Swift? "I don't know if I'm her type," he says of the singer, for whom he'll open for on her upcoming Red Tour.

4. He can deliver one heck of a rhyme
Influenced by Eminem, the guitar player swiftly raps "Like everything I say seems to always sound awkward/Like our last kiss it was perfect, we were nervous/On the surface" on his tune "U.N.I." "I was brought up on Bob Dylan and Van Morrison," he says. "Now-a-days I listen to [rapper] Kendrick Lamar."

5. He's a loyal customer
There's one dish he can't wait to sit down and devour whenever he travels back to England. "The Portuguese chicken at a restaurant called Nando's," says Sheeran. "That's the sh--!"

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Pope shows lifetime jobs aren't always for life

The world seems surprised that an 85-year-old globe-trotting pope who just started tweeting wants to resign, but should it be? Maybe what should be surprising is that more leaders his age do not, considering the toll aging takes on bodies and minds amid a culture of constant communication and change.

There may be more behind the story of why Pope Benedict XVI decided to leave a job normally held for life. But the pontiff made it about age. He said the job called for "both strength of mind and body" and said his was deteriorating. He spoke of "today's world, subject to so many rapid changes," implying a difficulty keeping up despite his recent debut on Twitter.

"This seemed to me a very brave, courageous decision," especially because older people often don't recognize their own decline, said Dr. Seth Landefeld, an expert on aging and chairman of medicine at the University of Alabama at Birmingham.

Age has driven many leaders from jobs that used to be for life — Supreme Court justices, monarchs and other heads of state. As lifetimes expand, the woes of old age are catching up with more in seats of power. Some are choosing to step down rather than suffer long declines and disabilities as the pope's last predecessor did.

Since 1955, only one U.S. Supreme Court justice — Chief Justice William Rehnquist — has died in office. Twenty-one others chose to retire, the most recent being John Paul Stevens, who stepped down in 2010 at age 90.

When Thurgood Marshall stepped down in 1991 at the age of 82, citing health reasons, the Supreme Court justice's answer was blunt: "What's wrong with me? I'm old. I'm getting old and falling apart."

One in 5 U.S. senators is 70 or older, and some have retired rather than seek new terms, such as Hawaii's Daniel Akaka, who left office in January at age 88.

The Netherlands' Queen Beatrix, who just turned 75, recently said she will pass the crown to a son and put the country "in the hands of a new generation."

In Germany, where the pope was born, Chancellor Angela Merkel, who is 58, said the pope's decision that he was no longer fit for the job "earns my very highest respect."

"In our time of ever-lengthening life, many people will be able to understand how the pope as well has to deal with the burdens of aging," she told reporters in Berlin.

Experts on aging agreed.

"People's mental capacities in their 80s and 90s aren't what they were in their 40s and 50s. Their short-term memory is often not as good, their ability to think quickly on their feet, to execute decisions is often not as good," Landefeld said. Change is tougher to handle with age, and leaders like popes and presidents face "extraordinary demands that would tax anybody's physical and mental stamina."

Dr. Barbara Messinger-Rapport, geriatrics chief at the Cleveland Clinic, noted that half of people 85 and older in developed countries have some dementia, usually Alzheimer's. Even without such a disease, "it takes longer to make decisions, it takes longer to learn new things," she said.

But that's far from universal, said Dr. Thomas Perls, an expert on aging at Boston University and director of the New England Centenarians Study.

"Usually a man who is entirely healthy in his early 80s has demonstrated his survival prowess" and can live much longer, he said. People of privilege have better odds because they have access to good food and health care, and tend to lead clean lives.

"Even in the 1500s and 1600s there were popes in their 80s. It's remarkable. That would be today's centenarians," Perls said.

Arizona Sen. John McCain turned 71 while running for president in 2007. Had he won, he would have been the oldest person elected to a first term as president. Ronald Reagan was days away from turning 70 when he started his first term as president in 1981; he won re-election in 1984. Vice President Joe Biden just turned 70.

In the U.S. Senate, where seniority is rewarded and revered, South Carolina's Strom Thurmond didn't retire until age 100 in 2002. Sen. Robert Byrd of West Virginia was the longest-serving senator when he died in office at 92 in 2010.

Now the oldest U.S. senator is 89-year-old Frank Lautenberg of New Jersey. The oldest congressman is Ralph Hall of Texas who turns 90 in May.

The legendary Alan Greenspan was about to turn 80 when he retired as chairman of the Federal Reserve in 2006; he still works as a consultant.

Elsewhere around the world, Cuba's Fidel Castro — one of the world's longest serving heads of state — stepped down in 2006 at age 79 due to an intestinal illness that nearly killed him, handing power to his younger brother Raul. But the island is an example of aged leaders pushing on well into their dotage. Raul Castro now is 81 and his two top lieutenants are also octogenarians. Later this month, he is expected to be named to a new, five-year term as president.

Other leaders who are still working:

—England's Queen Elizabeth, 86.

—Abdullah bin Abd al-Aziz al-Saud, king of Saudi Arabia, 88.

—Sabah al-Ahmad al-Jaber al-Sabah, emir of Kuwait, 83.

—Ruth Bader Ginsburg, U.S. Supreme Court associate justice, 79.

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Associated Press writers Paul Haven in Havana, Cuba; David Rising in Berlin; Seth Borenstein, Mark Sherman and Matt Yancey in Washington, and researcher Judy Ausuebel in New York contributed to this report.

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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