House panel demands answers regarding Swartz prosecution

Saying they had "many questions" about the prosecution of Internet activist Aaron Swartz, who committed suicide earlier this month, two key members of the House Oversight and Government Reform Committee have requested a briefing with the Justice Department.

Committee Chairman Darrell Issa (R-Calif.) and ranking member Elijah Cummings (D-Md.) sent a letter (see below) today to Attorney General Eric Holder that outlines seven questions the lawmakers have for prosecutors concerning their prosecution of Swartz.

"Many questions have been raised about the appropriate level of punishment sought by prosecutors for Mr. Swartz's alleged offenses, and how the Computer Fraud and Abuse Act, cited in 11 of 13 counts against Mr. Swartz, should apply under similar circumstances," the pair say in the letter, which requests a briefing no later than February 4.

Swartz, who championed open access rights to documents on the Internet, hanged himself on January 11, two years to the day after he was arrested on charges of stealing 4 million documents from MIT and Jstor, an archive of scientific journals and academic papers.

He had faced $4 million in fines and more than 50 years in prison if convicted. Critics of the prosecutors in the case accused the feds of unfairly trying to make an example out of the 26-year-old Swartz.

The lawmakers' letter asks how the office decided to prosecute Swartz and whether the activist's opposition to SOPA had any bearing. The letter also asks whether the Justice Department uncovered any evidence Swartz was involved in any other hackings and what specific plea deals were offered by the department.

CNET has contacted the Justice Department for comment and will update this report when we learn more.

Carmen Ortiz, the U.S. attorney for Massachusetts, who was overseeing prosecution of Swartz, has defended her office's handling of the case.

"The career prosecutors handling this matter took on the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably," Ortiz said in a statement earlier this month.

The computer fraud laws referenced by Reps. Issa and Cummings have been targeted for reform by a Democratic congresswoman from Silicon Valley. Rep. Zoe Lofgren announced earlier this month that she had authored a bill called "Aaron's Law" that aims to change the 1984 Computer Fraud and Abuse Act (CFAA) and the wire fraud statute to exclude terms of service violations.

Oversight letter to DOJ on Aaron Swartz by

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Space Pictures This Week: Martian Gas, Cloud Trails

Image courtesy SDO/NASA

The sun is more than meets the eye, and researchers should know. They've equipped telescopes on Earth and in space with instruments that view the sun in at least ten different wavelengths of light, some of which are represented in this collage compiled by NASA and released January 22. (See more pictures of the sun.)

By viewing the different wavelengths of light given off by the sun, researchers can monitor its surface and atmosphere, picking up on activity that can create space weather.

If directed towards Earth, that weather can disrupt satellite communications and electronics—and result in spectacular auroras. (Read an article on solar storms in National Geographic magazine.)

The surface of the sun contains material at about 10,000°F (5,700°C), which gives off yellow-green light. Atoms at 11 million°F (6.3 million°C) gives off ultraviolet light, which scientists use to observe solar flares in the sun's corona. There are even instruments that image wavelengths of light highlighting the sun's magnetic field lines.

—Jane J. Lee

Published January 28, 2013

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US Mom Missing in Turkey Took Side Trips

Sarai Sierra, the New York mother who disappeared in Turkey while on a solo trip, took several side excursions out of the country, but stayed in contact with her family the entire time, a family friend told ABC News.

Turkish media reported today that police were trying to establish why Sierra visited Amsterdam and Munich. Police were also trying to establish the identity of a man Sierra, 33, was chatting with on the Internet, according to local media.

Rachel Norman, a family friend, said the man was a group tour guide from the Netherlands and said Sierra stayed in regular touch with her family in New York.

Steven Sierra, Sarai's husband, and David Jimenez, her brother, arrived in Istanbul today to aid in the search.

The men have been in contact with officials from the U.S. consulate in the country and plan to meet with them as soon as they open on Tuesday, Norman said.

After that, she said Sierra and Jimenez would meet with Turkish officials to discuss plans and search efforts.

Family of Sarai Sierra|AP Photo

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Sarai Sierra was supposed to fly back to the United States on Jan. 22, but she never showed up for her flight home.

Her two boys, ages 11 and 9, have not been told their mother is missing.

Sierra, an avid photographer, left New York on Jan. 7. It was her first overseas trip, and she decided to go ahead after a friend had to cancel, her family said.

"It was her first time outside of the United States, and every day while she was there she pretty much kept in contact with us, letting us know what she was up to, where she was going, whether it be through texting or whether it be through video chat, she was touching base with us," Steven Sierra told ABC News before he departed for Istanbul.

But when it came time to pick her up from Newark Liberty International Airport in New Jersey, Sierra wasn't on board her scheduled flight.

Steven Sierra called United Airlines and was told his wife had never boarded the flight home.

Further investigation revealed she had left her passport, clothes, phone chargers and medical cards in her room at a hostel in Beyoglu, Turkey, he said.

The family is suspicious and said it is completely out of character for the happily married mother, who met her husband in church youth group, to disappear.

The U.S. Embassy in Turkey and the Turkish National Police are involved in the investigation, WABC-TV reported.

"They've been keeping us posted, from my understanding they've been looking into hospitals and sending out word to police stations over there," Steven Sierra said. "Maybe she's, you know, locked up, so they are doing what they can."

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DNA privacy: don't flatter yourself

The secrets contained in our individual genomes are less valuable than we like to believe

IMAGINE donating your DNA to a project aimed at discovering links between genes and diseases. You consent to your genome sequence being released anonymously into the public domain, though you are warned there is a remote possibility that it might one day be possible to link it back to you.

A few years later, that remote possibility comes to pass. How should you feel? This is no longer a hypothetical scenario. About 50 people who participated in a project called 1000 Genomes have been traced (see "Matching names to genes: the end of genetic privacy?").

The researchers' intentions were honourable. They have not revealed these identities, and the original data has been adjusted to make a repeat using the same technique impossible. All they wanted to do was expose privacy issues.

Consider them exposed. It is clear that genomics has entered a new phase, similar to that which social media went through a few years ago, when concerns were raised about people giving away too much personal information.

What happens when the same applies to our DNA? Having your genome open to public scrutiny obviously raises privacy issues. Employers and insurers may be interested. Embarrassing family secrets may be exposed.

But overall, personal genetic information is probably no more revealing than other sorts. In fact there are reasons to believe that it is less so: would an insurance company really go to the trouble of decoding a genome to discover a slightly elevated risk of cancer or Alzheimer's disease?

The available evidence suggests not. In 2006, Harvard University set out to sequence the genomes of 100,000 volunteers and make them publicly available, along with personal information such as names and medical records. One of the goals was to see what happens when such data is open to all. The answer seems to be "not a lot". So far this Personal Genome Project has published 148 people's full genomes. Not one volunteer has reported a privacy issue.

This is not a reason for complacency, but it suggests that our genomic secrets are less interesting to other people than we might like to believe.

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Govt to tighten law to better protect timeshare consumers

SINGAPORE: The government is tightening safeguards and plugging loopholes in the law to better protect consumers in timeshare deals.

The Ministry of Trade and Industry (MTI) said on Monday that it is making the changes because timeshare businesses continue to account for the most number of consumer complaints.

The number of timeshare cases totalled 389 in 2010 and 358 in 2011, according to the Consumers Association of Singapore.

MTI said an increasing number of businesses has moved from selling conventional timeshare -- which is the right to use a timeshare accommodation for a specified period -- to selling holiday club memberships.

These club memberships involve an advance payment for the right to obtain holiday benefits, such as discounted accommodation and airfares.

MTI said such holiday clubs essentially offer a similar product to timeshare, but they are not subject to the cooling-off period under the law as they do not fall under the current definition of "regulated contract".

Consumers are not given the opportunity to assess whether a holiday club can offer the purported discounts.

There is also a lack of transparency about important features in timeshare and holiday club contracts, including the rights of the consumer and the obligations of the timeshare seller.

Thus MTI is proposing changes to the Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations.

A key change is in the definition of "regulated contract". This will be expanded to include "long-term holiday product contracts" to close the current loophole where certain timeshare operators deliberately modify their business model to escape the requirements under the law.

This will also give consumers of holiday clubs the same protection as timeshare contracts, such as a five-day cooling-off period.

No money is to be collected during the cooling-off period. MTI said this will increase the protection and reduce the incentives for errant businesses to force a sale.

It will also remove the risk of losing, as well as the inconvenience of recovering the money paid, when consumers decide to cancel the deal during the cooling-off period.

MTI wants to hear from the public and welcomes feedback and views over the next five weeks till March 1.

- CNA/al

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Nokia to offer paid upgrade to Lumia-only music service

Music+ will offer premium music options to subscribing Lumia owners.

(Credit:
Nokia)

A few months after jumping in to the free music streaming sector, Nokia is getting ready to give its Lumia-only service a jump-start with a premium upgrade.

Nokia Music+, an upgrade to the free Mix Radio service that Nokia launched last September, will offer Lumia owners unlimited skips and unlimited downloads, the Finnish handset maker announced in a company blog post today. The service also will offer higher quality streams, allowing downloads at eight times the existing quality.

The new service will also offer lyrics for users' mobile device and a Web app for home use.

"Nokia Music is great for discovering new music, and we've found that there's a core of users that want even more of it," Nokia vice president of entertainment Jyrki Rosenberg said in the post. "This is how Nokia Music+ came about."

The service is expected to roll out in the coming weeks with a price of around $3.99 a month.

The Lumia line helped turn around Nokia's fortunes in the fourth quarter, contributing to the handset maker's profit of 202 million euros ($269 million), a massive gain over the 1 billion euros the company lost during the same period in 2011. However, despite sales off 4.4 million Lumia units worldwide, revenue fell from 10 billion euros in the fourth quarter of 2011 to 8 billion last quarter.

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Doomed Dolphin Speaks to New York's Vibrant Wildlife

By the time New Yorkers spied a dolphin swimming through the superfund sludge of the Gowanus Canal last Friday, it was too late. The marine mammal didn't even survive long enough for a rescue plan to come together. First sighted on Friday afternoon, the dolphin perished at 6:00 p.m.

The reason the marine mammal died, and why the dolphin swam up the polluted waterway in the first place, is as yet unknown. But the sad story of the wayward creature highlights the strange nature of New York City, the global epitome of urbanity. Hidden within Gotham are native carnivores, marine mammals, and even species that have scarcely been seen before.

Marine mammals are arguably the most high-profile of New York City's wild residents and visitors. The Gowanus Canal dolphin was only the latest to venture within city limits. Just a month ago, a 60-foot-long finback whale (Balaenoptera physalus) became stranded in the Rockaway Inlet of Queens. The emaciated animal died the day after it was discovered.

There seems to be no singular reason explaining why marine mammals such as the Gowanus dolphin and Queens' finback whale wander up the city's rivers or strand on beaches. Each case is unique. But not all the city's marine mammal visitors suffer terrible fates.

In 2006, a hefty manatee (Trichechus spp.) took a long jaunt from its Florida home up the East Coast, including a detour down New York's Hudson River. The sirenian survived the trip, continuing on to Cape Cod before reportedly turning back south to a destination unknown. Hopefully the manatee didn't encounter any great white sharks (Carcharodon carcharias) on the return journey, a marine predator we know patrols the waters off New York.

Of course, New York City's whales, seals, and occasional manatee can only skirt the city along its shores and canals. You likely won't see a seal caterpillaring its way along Broadway.

Yet the city's interior also hosts a strange accumulation of wildlife, including native animals that are carving out spaces for themselves in the concrete corridors and exotic species that we have introduced to city life.

Coyotes (Canis latrans) may be the cleverest of New York City's hidden wildlife. Thanks to camera traps, and the occasional police chase through Lower Manhattan, researchers are keeping track of the wily canids and studying how they are so successfully taking up residence in many of the nation's cities. "Most small, urban parks will likely hold a pair and their offspring at most—coyotes are very territorial," said Cornell University ecologist Paul Curtis.

The secretive carnivorans bring a welcome element to urban neighborhoods—an appetite for rodents—and are experts at cracking open new niches alongside people.

Black bears (Ursus americanus) may be next. The bears have proliferated in northern New Jersey in recent years, and in 2010, a black bear came within three miles of the George Washington Bridge, a major thoroughfare between New Jersey and Manhattan. The bear obviously would have eschewed rush hour traffic and the tolls, but the local population is so bountiful that it's not unreasonable to think some enterprising bear might eventually wander into the big city.

Strangely, you may actually be more likely to run into a crocodylian predator in New York City than a black bear. New Yorkers have a nagging habit of importing—and losing-alligator—like caimans and other reptiles within the city.

In 2010, an 18-inch long caiman took refuge under a parked Datsun in Astoria, Queens. No one knows how the reptile wound up on the street, but given the trend of owners buying cute crocodylians and later dumping them, someone may have abandoned the poor little caiman.

This would hardly be the first time. In 2006, another little caiman was found in the leaf litter behind Brooklyn's Spring Creek Towers, while "Damon the Caiman" swam around a Central Park lake in the summer of 2001. These caimans are only some of the most famous—according to a New York Times report, the Brooklyn-based Animal Care and Control deals with about ten caimans each year.

Many other unusual and exotic animals have romped through New York. Under some of their most notable animal celebrities, the city's Parks and Recreation department lists guinea pigs, boa snakes, and even a tiger that escaped from a circus in 2004 and ran down Jackie Robinson Parkway before his owners were able to get him back.

The Big Apple even contains species that have never been documented before. No, not the ballyhooed "Montauk Monster"—actually a rotted raccoon—but a distinct species of leopard frog. Described early this year, the cryptic amphibian was given away by its unique mating call.

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'Barrier of Bodies' Trapped Nightclub Fire Victims

A fast-moving fire roared through a crowded nightclub in southern Brazil early Sunday, within seconds filling the space with flames and a thick, toxic smoke that killed more than 230 panicked partygoers who gasped for breath and fought in a stampede to escape.

It appeared to be the world's deadliest nightclub fire in more than a decade.

Firefighters responding to the blaze at first had trouble getting inside the Kiss nightclub because bodies partially blocked the club's entryway.

Witnesses said a flare or firework lit by band members started the blaze in Santa Maria, a university city of about 260,000 people. Officials at a news conference said the cause was still under investigation — though police inspector Sandro Meinerz told the Agencia Estado news agency the band was to blame for a pyrotechnics show and that manslaughter charges could be filed.

Television images showed black smoke billowing out of the Kiss nightclub as shirtless young men who had attended a university party joined firefighters using axes and sledgehammers to pound at windows and hot-pink exterior walls to free those trapped inside.

Bodies of the dead and injured were strewn in the street and panicked screams filled the air as medics tried to help. There was little to be done; officials said most of those who died were suffocated by smoke within minutes.

Germano Roratto/AFP/Getty Images

Brazil Nightclub Fire: Nearly 200 People Killed Watch Video

Within hours a community gym was a horror scene, with body after body lined up on the floor, partially covered with black plastic as family members identified kin.

Outside the gym police held up personal objects — a black purse, a blue high-heeled shoe — as people seeking information on loved ones looked crowded around, hoping not to recognize anything being shown them.

Guido Pedroso Melo, commander of the city's fire department, told the O Globo newspaper that firefighters had a hard time getting inside the club because "there was a barrier of bodies blocking the entrance."

Teenagers sprinted from the scene after the fire began, desperately seeking help. Others carried injured and burned friends away in their arms. Many of the victims were under 20 years old, including some minors.

"There was so much smoke and fire, it was complete panic, and it took a long time for people to get out, there were so many dead," survivor Luana Santos Silva told the Globo TV network.

The fire spread so fast inside the packed club that firefighters and ambulances could do little to stop it, Silva said.

Another survivor, Michele Pereira, told the Folha de S. Paulo newspaper that she was near the stage when members of the band lit flares that started the conflagration.

"The band that was onstage began to use flares and, suddenly, they stopped the show and pointed them upward," she said. "At that point, the ceiling caught fire. It was really weak, but in a matter of seconds it spread."

Guitarist Rodrigo Martins told Radio Gaucha that the band, Gurizada Fandangueira, started playing at 2:15 a.m. "and we had played around five songs when I looked up and noticed the roof was burning"

"It might have happened because of the Sputnik, the machine we use to create a luminous effect with sparks. It's harmless, we never had any trouble with it.

"When the fire started, a guard passed us a fire extinguisher, the singer tried to use it but it wasn't working"

He confirmed that accordion player Danilo Jacques, 28, died, while the five other members made it out safely.

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Get cirrus in the fight against climate change

FEATHERY cirrus clouds are beautiful, but when it comes to climate change, they are the enemy. Found at high-altitude and made of small ice crystals, they trap heat - so more cirrus means a warmer world. Now it seems that, by destroying cirrus, we could reverse all the warming Earth has experienced so far.

In 2009, David Mitchell of the Desert Research Institute in Reno, Nevada, proposed a radical way to stop climate change: get rid of some cirrus. Now Trude Storelvmo of Yale University and colleagues have used a climate model to test the idea.

Storelvmo added powdered bismuth triiodide into the model's troposphere, the layer of the atmosphere in which these clouds form. Ice crystals grew around these particles and expanded, eventually falling out of the sky, reducing cirrus coverage. Without the particles, the ice crystals remained small and stayed up high for longer.

The technique, done on a global scale, created a powerful cooling effect, enough to counteract the 0.8 °C of warming caused by all the greenhouse gases released by humans (Geophysical Research Letters, DOI: 10.1002/grl.50122).

But too much bismuth triiodide made the ice crystals shrink, so cirrus clouds lasted longer. "If you get the concentrations wrong, you could get the opposite of what you want," says Storelvmo. And, like other schemes for geoengineering, side effects are likely - changes in the jet stream, say.

Different model assumptions give different "safe" amounts of bismuth triiodide, says Tim Lenton of the University of Exeter, UK. "Do we really know the system well enough to be confident of being in the safe zone?" he asks. "You wouldn't want to touch this until you knew."

Mitchell says seeding would take 140 tonnes of bismuth triiodide every year, which by itself would cost $19 million.

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Latin America, Europe back free trade

SANTIAGO: European and Latin American leaders pledged here Saturday to shun protectionism and boost their strategic partnership to foster free trade.

Some 60 countries are represented at the summit between the 27-member European Union and the Community of Latin American and Caribbean States (CELAC).

Set up in Caracas in December 2011 at the behest of Venezuela, CELAC groups all nations from across the Americas except the United States and Canada and aims to boost regional trade and integration.

Chilean President Sebastian Pinera, the two-day summit's host, opened the session with a call for a new "strategic alliance to achieve sustainable development."

And indeed participants unanimously adopted a summit statement extolling their "strategic partnership to achieve sustainable development."

They also reiterated their commitment "to avoid protectionism in all its forms" and to "favour an open and non-discriminatory, ruled-based multilateral trade system."

"We firmly reject all coercive measures of unilateral character with extra-territorial effect that are contrary to international law and the commonly accepted rules of free trade," the statement said.

The leaders also pledged to continue working together "toward a new international financial architecture."

And they backed concrete actions to bolster law enforcement cooperation "to dismantle criminal organizations, all within the full respect of human rights and international law."

There was also support for the convening of a special UN General Assembly session on the global drug problem.

The leaders also gave a nod to "the universality and indivisibility of human rights as laid out in the Universal Declaration of Human Rights."

It was the seventh summit between the two blocs but the first since the creation of CELAC. The two sides agreed to hold the next EU-CELAC summit in Brussels in 2015.

The EU is the biggest outside investor in Latin America, accounting for three percent of direct foreign investment in CELAC or $385 billion in 2010.

EU officials noted that the figure exceeds the combined investment in China, Russia and India.

"We need a strong political commitment to rein in protectionism and promote liberalization," European Commission President Jose Manuel Barroso told a meeting of business chiefs leaders shortly before the political summit's opening.

Powerful German Chancellor Angela Merkel, whom the Chilean press has dubbed "Europe's boss," called for "cooperation without barriers to trade."

"The dynamic development of this entire region shows that we, within the EU, must strive to ensure we are not left behind, to improve our competitiveness, reduce our debt. We cannot live on the backs of future generations," she added.

The Europeans are particularly keen on securing the speedy conclusion of a free trade pact between the EU and the South American trading bloc Mercosur.

Negotiations have so far stumbled over differences on agriculture -- notably Europe's subsidies to its farmers, which undermine Latin America's efforts to sell its own products.

Argentine President Cristina Kirchner, who has taken some protectionist measures, said that the EU-Mercosur negotiations, launched in 2004, must restart on a "new basis" that can clear the way for a deal.

"The negotiations with the EU cannot be based on decisions made in 2004. We need new premises, first among all Mercosur members, not just between Brazil and Argentina," she said after a bilateral session with Rousseff.

Kirchner suggested establishing an ad hoc Mercosur panel to come up with new proposals and make a new offer to the EU later this year.

Meanwhile, a Venezuelan minister said here that President Hugo Chavez has beaten a severe respiratory infection that occurred after his latest cancer surgery in Cuba.

"The respiratory infection has been overcome, although there still is some degree of breathing difficulty that is being treated appropriately," Communications Minister Ernesto Villegas said on the sidelines of a EU-CELAC summit.

Chavez, who had surgery on December 12, has not been seen in public since he left Caracas for surgery at a hospital in Cuba.

Monday, the 33 CELAC leaders will hold their own summit here, with Cuba taking over chairmanship from Chile for one year. They are hoping to overcome ideological and economic differences to foster greater regional integration.

The meeting will seal Cuba's full regional reintegration and mark a major diplomatic coup for 81-year-old President Raul Castro. Cuba, the only non-democratic Communist-ruled country in the Americas, has been under a US economic embargo since 1962.

- AFP/fa

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