Former Police Captain Cleared of Ex-Wife's Murder

A former Ohio police captain has been cleared in the murder of his ex-wife and released from prison, where he had been for 15 years -- but prosecutors say they plan to appeal the ruling.

"I'm just a jumble of emotions and I just can't wait to hug all of my family," Douglas Prade told reporters outside the prison when he was released Tuesday afternoon, according to ABC News' Cleveland affiliate WEWS-TV.

He thanked "all of the people that supported me and communicated with me and told me to keep my spirits up."

Prade's ex-wife, Dr. Margo Prade, 41, was found shot to death in her minivan outside of her medical practice in November 1997.

Douglas Prade was an Akron, Ohio, police captain at the time.

At trial, he was convicted on murder and wiretapping charges and sentenced to life in prison.

Prade, now 66, maintained his innocence and, eventually, the Ohio Innocence Project took up his cause and petitioned for his release or a new trial based on new DNA testing.

One of the key factors in Prade's conviction was a bite mark found on Margo Prade's body. The prosecution brought in an expert that testified the bite mark came from Douglas Prade.

Phil Masturzo/Akron Beacon Journal/AP Photo

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The Ohio Innocence Project commissioned a new DNA test that was not available at the time of the trial. The test found that the DNA around the bite was not Douglas Prade's.

Summit County Court of Common Pleas Judge Judy Hunter ruled that Prade should be set free because the new DNA results were "clear and convincing" in Prade's favor, according to the Associated Press.

Prosecutor Sherri Walsh is strongly disputing the new DNA evidence.

"This is a gross misapplication of the law, and we will be appealing Prade's exoneration. The defendant had to present new evidence so convincing that no juror would have found him guilty, and he failed to do so," Walsh said in a statement. "The DNA evidence presented by the Ohio Innocence Project on behalf of Prade is contaminated and unreliable. It does not prove innocence."

Walsh said that all evidence points to Prade as the person who killed Margo Prade.

"He was a serial stalker," Walsh said. "He tapped her phones and recorded more than 400 of her personal calls. He had verbally abused and threatened her. And we know Margo was afraid of him."

Other evidence includes Prade's handwritten tally of the bills he owed subtracted from the life insurance money he'd get if his wife died, Walsh said. Two witnesses placed him at the murder scene.

"We have not seen any credible evidence that suggests innocence, and we are taking all available actions to keep a dangerous killer off the streets," Walsh said.

Margo Prade's family is also upset by the decision.

"I feel like my life is in danger and my family's life is in danger now," Margo Prade's nephew Tony Fowler told the AP. "[Dr. Prade and her mother] are probably turning over in their graves but God will have the final say."

Alison McCarty, the former prosecutor on the case, told WEWS she respected the court's decision, but emphasized that the case is not yet closed.

"[Margo Prade] was such a superstar and it was just such a tremendous loss, and her death still needs justice," McCarty said.

The state has 30 days to file a motion in the court of appeals requesting permission to appeal the decision for a new trial.

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Today on New Scientist: 29 January 2013

Creatures of the air caught in the mist

Photographer Todd Forsgren uses mist nets to briefly ensnare a variety of tropical South American birds before releasing them, unharmed

Drug reduces enlarged prostate with few side effects

Shrinking enlarged prostates by blocking a potent growth factor could avoid problems - such as erectile dysfunction - that accompany current treatments

Climate change blamed for Australia's extreme weather

Floods have hit the east coast of Australia before recent bush fires have been put out, giving people a taste of climate change's possible consequences

Midnight sun: How to get 24-hour solar power

Rust may be the scourge of electronics but it could help solar power run all night

The most beautiful explanations

The 2012 Edge questions asked for great thinkers' favourite explanations. This Explains Everything collects them all into a fascinating read

Netted Costa Rican birds pay small price for art

Only mildly traumatic, mist nets offer an easy and safe way to catch birds for artistic, and ecological, study

Iran launches monkey into space

The Iranian Space Agency claims to have launched a rhesus monkey into space on a sub-orbital flight, and returned it safely to Earth

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Asian markets rise as Dow nears record high

HONG KONG: Asian markets climbed on Wednesday, with continuing weakness in the yen further fuelling a rally in Japan's Nikkei, while the Dow also provided some lift after ending at a near record high.

Traders are keeping an eye on the United States, where the Federal Reserve is due to end a two-day policy meeting, with analysts expecting it to carry on with its loose monetary policy.

Tokyo climbed 1.20 per cent, Hong Kong added 0.48 per cent, Sydney gained 0.23 per cent, Shanghai added 0.20 per cent and Seoul was flat.

The euro and dollar extended their gains against the yen in response to the Bank of Japan's pledge of unlimited easing last week and its target of two per cent inflation.

Investors took on board a comment from Japan's Finance Minister Taro Aso, who defending the country's easing policies against criticism from abroad, said the yen's "excessive strength is in correction".

A senior dealer at a major bank in Tokyo said: "The comment is nothing new so it can't push up the pair like a rocket anymore, but it still has some power left."

The dollar was changing hands at 90.95 yen in early Asian trade Wednesday against 90.72 yen in New York Tuesday afternoon.

The euro was at 122.67 yen and $1.3487 against 122.42 yen and $1.3493 in US trade.

On Wall Street the Dow rose 0.52 per cent to finish just 1.5 per cent below its all-time closing high seen in October 2007, despite a lack of buying incentives and a weaker-than-expected consumer confidence reading.

The S&P 500 advanced 0.51 per cent and the Nasdaq was flat.

US dealers are awaiting the outcome of the Fed's policy meeting later in the day, looking for new clues to the state of the economy. That will be followed on Friday by data on job creation.

Oil prices were down, with New York's main contract, light sweet crude for delivery in March dropping 12 cents to $97.45 a barrel and Brent North Sea crude for March delivery shedding five cents to $114.31.

Gold was at $1,664.00 at 0230 GMT compared with $1,661.10 late Tuesday.

- AFP/ck

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Want to unlock your phone? Fix the DMCA

If only it were this simple.

(Credit:
Amanda Kooser/CNET)

This week, a new federal mandate kicked in that makes it illegal for you to unlock a phone that you bought locked from a carrier. The rule states that unauthorized unlocking of a phone you bought -- even if you paid full price for it, minus a carrier subsidy -- is a violation of the Digital Millennium Copyright Act. Specifically, it violates a portion of the law enacted in 2000 that makes it illegal to bypass technology designed to restrict access to a certain product. And that provision has bedeviled consumers, researchers, and lawyers for 12 years -- it's time for it to disappear or be substantially rewritten.

The first time I wrote about the DMCA and anti-circumvention was in the wake of the 2005 Sony root kit fiasco, in which Sony had surreptitiously installed restrictive DRM software on the computers of consumers who played or attempted to rip CDs. Under the anti-circumvention provisions, the Princeton security researcher who discovered the root kit had actually broken the law by reverse-engineering the software, and consumers risked breaking the law if they attempted to hack it in order to uninstall it. (On its own, the software would disable your CD drive if you tried to get rid of it.) The Princeton researcher who brought the root kit to light actually delayed his findings because he feared prosecution under the DMCA. That problem? That's still around.

Then it became clear that anti-circumvention would prevent you from being able to rip a DVD to your computer the way you can rip a CD. In 2000, Universal Studios won an injunction against three hackers who had created software to defeat digital rights management technology on DVDs. The court ruled, in fact, that you have zero fair use rights to your encrypted DVDs: That is, just because you bought it doesn't mean you can do whatever you want with it, if "whatever you want" includes making your own digital copy for backup, to put on a mobile device, or to watch from a computer. In 2006, I blogged about a survey that reported 90 percent of people (more if those people had kids) think you should have the right to rip your DVDs for backup or mobile use. I bet that number is 100 percent by now, but that problem? That's also still around.

The provision outlawed jailbreaking phones until 2010; it's still illegal under the DMCA to jailbreak a tablet, because apparently "tablet" is a scary, fuzzy concept for the Library of Congress, which is the body that can grant exemptions to the DMCA, if they can be persuaded to understand what you're talking about with all this new technology. (You also can't jailbreak a game console, while we're at it.) Amazon used anti-circumvention to try to stamp out software that converted e-books to audio so that the blind could listen to them -- fortunately, the Library of Congress did allow an exemption for that purpose, but not until 2010 (and it wasn't a very good exemption until 2012).

The provision has also been used to threaten a security researcher who was investigating Internet filtering and blocking around the world; Apple used it to force an online forum to actually remove discussions about reverse-engineering iPods; and it was used to prosecute Russian security hacker Dmitry Sklyarov and others. Canada's lawmakers used the rule as a guideline for enacting its own copyright legislation last year, replete with digital lock technology even more restrictive than the DMCA's, despite almost universal protest from the Web community there. The Electronic Frontier Foundation maintains a running tally of these and other unintended consequences of the DMCA -- a startling number of them refer to anti-circumvention

And now, here we are again at unlocked phones. The Library of Congress refused to allow an exemption for unlocking your carrier-locked phone (which The Atlantic rightly calls "The most ridiculous law of 2013 -- so far"). In the ruling, the Librarian determined that, essentially, it's not as hard as it used to be to buy an unlocked phone, so what's the big deal? And in a truly remarkable bit of rationalization, the Librarian writes:

While it is true that not every wireless device is available unlocked, and wireless carriers' unlocking polices are not free from all restrictions, the record clearly demonstrates that there is a wide range of alternatives from which consumers may choose in order to obtain an unlocked wireless phone.

Now, as you know, all that a restriction on unlocking your phone really accomplishes is allowing carriers to increasingly restrict your ability to leave them, despite their own wildly anticonsumer behavior, increasing contract costs, and skyrocketing early termination fees. In effect, the Librarian ruled that it's OK to restrict your consumer choice so that the carriers can restrict your consumer choice because hey, there's a little bit of consumer choice out there!

Quite obviously, the ban on unlocking cell phones is ridiculous -- there's a growing chorus of voices on that fact and a new Whitehouse.gov petition to overturn the ruling. But the problem won't be fixed until the DMCA is fixed.

Attempting to add exemptions after the fact is an absolutely ludicrous way to enforce anti-circumvention provisions that are already too broad and way too flawed. Those exemptions, by the way, have to be reissued every three years, meaning insanity could still creep back in (as The Atlantic points out, the blind have to defend their right to access e-books as audio every three years), and the state of affairs is constantly confused. The DMCA anti-circumvention provisions have always needed broad exemptions for personal use. They need massive rewriting to close the loopholes that allow for prosecution of security researchers, academics, and journalists. And they need, quite frankly, some basic logic. It's time to start beating that drum and stamp out this problem at its root.

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Timbuktu’s vulnerable manuscripts are city’s "gold"

French and Malian troops surrounded Timbuktu on Monday and began combing the labyrinthine city for Islamist fighters. Witnesses, however, said the Islamists, who claim an affiliation to al Qaeda and had imposed a Taliban-style rule in the northern Malian city over the last ten months, slipped into the desert a few days earlier.

But before fleeing, the militants reportedly set fire to several buildings and many rare manuscripts. There are conflicting reports as to how many manuscripts were actually destroyed. (Video: Roots of the Mali Crisis.)

On Monday, Sky News posted an interview with a man identifying himself as an employee of the Ahmed Baba Institute, a government-run repository for rare books and manuscripts, the oldest of which date back to the city's founding in the 12th century. The man said some 3,000 of the institute's 20,000 manuscripts had been destroyed or looted by the Islamists.

Video showed what appeared to be a large pile of charred manuscripts and the special boxes made to preserve them in front of one of the institute's buildings.

However, a member of the University of Cape Town Timbuktu Manuscript Project told eNews Channel Africa on Tuesday that he had spoken with the director of the Ahmed Baba Institute, Mahmoud Zouber, who said that nearly all of its manuscripts had been removed from the buildings and taken to secure locations months earlier. (Read "The Telltale Scribes of Timbuktu" in National Geographic magazine.)

A Written Legacy

The written word is deeply rooted in Timbuktu's rich history. The city emerged as a wealthy center of trade, Islam, and learning during the 13th century, attracting a number of Sufi religious scholars. They in turn took on students, forming schools affiliated with's Timbuktu's three main mosques.

The scholars imported parchment and vellum manuscripts via the caravan system that connected northern Africa with the Mediterranean and Arabia. Wealthy families had the documents copied and illuminated by local scribes, building extensive libraries containing works of religion, art, mathematics, medicine, astronomy, history, geography, and culture.

"The manuscripts are the city's real gold," said Mohammed Aghali, a tour guide from Timbuktu. "The manuscripts, our mosques, and our history—these are our treasures. Without them, what is Timbuktu?"

This isn't the first time that an occupying army has threatened Timbuktu's cultural heritage. The Moroccan army invaded the city in 1591 to take control of the gold trade. In the process of securing the city, they killed or deported most of Timbuktu's scholars, including the city's most famous teacher, Ahmed Baba al Massufi, who was held in exile in Marrakesh for many years and forced to teach in a pasha's court. He finally returned to Timbuktu in 1611, and it is for him that the Ahmed Baba Institute was named.

Hiding the Texts

In addition to the Ahmed Baba Institute, Timbuktu is home to more than 60 private libraries, some with collections containing several thousand manuscripts and others with only a precious handful. (Read about the fall of Timbuktu.)

Sidi Ahmed, a reporter based in Timbuktu who recently fled to the Malian capital Bamako, said Monday that nearly all the libraries, including the world-renowned Mamma Haidara and the Fondo Kati libraries, had secreted their collections before the Islamist forces had taken the city.

"The people here have long memories," he said. "They are used to hiding their manuscripts. They go into the desert and bury them until it is safe."

Though it appears most of the manuscripts are safe, the Islamists' occupation took a heavy toll on Timbuktu.

Women were flogged for not covering their hair or wearing bright colors. Girls were forbidden from attending school, and boys were recruited into the fighters' ranks.

Music was banned. Local imams who dared speak out against the occupiers were barred from speaking in their mosques. In a move reminiscent of the Taliban's destruction of Afghanistan's famous Bamiyan Buddha sculptures, Islamist fighters bulldozed 14 ancient mud-brick mausoleums and cemeteries that held the remains of revered Sufi saints.

A spokesman for the Islamists said it was "un-Islamic" for locals to "worship idols."

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Jodi Arias Borrowed Gas Cans Before Killing Ex

Accused murderer Jodi Arias borrowed two five-gallon gas cans from a former boyfriend the day before she drove to Arizona to kill another ex, Travis Alexander, according to testimony in Arias' murder trial today.

In cross examination, prosecutors also forced Arias' former live-in boyfriend Darryl Brewer to describe his sex life with Arias as "pretty aggressive."

Brewer, 52, dated Arias for four years and shared a home with her in California for two years. He told the court today that Arias called him in May 2008, asking to borrow gas cans, but would not explain why. She called him again at least two more times, and arrived at his house on June 2008, to borrow the cans.

On the day she picked up the gas cans she told Brewer that she was going to visit friends in California and Arizona.

Prosecutors argue that Arias then drove to Mesa, Ariz., where she allegedly had sex with Alexander, took nude photos of him, and then stabbed him 27 times, slashed his throat, and shot him twice in the head. She is charged with murder and could face the death penalty if convicted.

Arias, who claims she killed Alexander in self defense, had approached prosecutors two years ago offering to plea to a second degree murder charge, which could carry a 25 year term, but the state rejected the offer, Nancy Grace reported on Good Morning America today.

Brewer said that Arias never returned the gas cans. The pair had been broken up two years earlier and they had only spoken "sporadically," he said.

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Prosecutors also showed receipts from Arias' trip from her California home to Alexander's home in Mesa, showing that she purchased a 10 gallons of gas at one gas station the night before she drove to Arizona, and then another 10 gallons from a different gas station 10 minutes later. Prosecutors are expected to argue she brought the gas with her to fill up her car secretly on the way to Alexander's home, showing premeditation for the murder.

Arias' attorneys called Brewer as one of their first witnesses as they began mounting their case that Arias killed Alexander in self defense, arguing that Alexander was controlling and abusive toward Arias.

They asked Brewer to explain how he and Arias had been in a stable relationship for four years, from 2002 to 2006, and had bought a home together before Arias met Alexander at a business conference and began to change.

"I saw a lot of changes in Jodi. She became a different person than I had known previously," Brewer said, describing how Arias' behavior changed in May 2006 when she joined a company called Pre-Paid Legal. There, she met Alexander and began seeing him. She continued to live with Brewer.

"She had continued to pay the mortgage, but she was not paying other household bills, she began getting into debt or financial trouble," Brewer said. "For me it seemed she was not as rational or logical."

Arias also converted to Mormonism while living with Brewer, telling him that he could no longer curse and she would no longer have sex with him because she was saving herself for marriage.

The pair had previously had an "enthusiastic" and "aggressive" sex life, Brewer admitted to prosecutors. They had engaged in anal sex, Arias had taken nude photos of Brewer, and Arias had purchased breast implants in 2006, he testified.

Brewer said that after Arias began to change, he made arrangements to move closer to his son from his first marriage, and he and Arias broke up.

They kept in touch with occasional phone calls until Arias asked to borrow the gas cans in June 2008, and then called him a week after borrowing the cans to say that her friend had been killed.

Martinez, reading notes from an interview Brewer gave to authorities during the investigation into Alexander's death, asked if Arias had ever mentioned needing an "alibi." Brewer said he did not recall any conversation about alibis.

"After this date of June 4, 2008," Martinez asked, "you received a call from Jodi Arias, and she was very agitated?"

"She was sad," Brewer said.

"Did she tell you that her friend had been killed and she did not have an alibi?"

"I don't remember that," Brewer said.

Arias was arrested a month after Alexander was found dead, in July 2008.

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Iran launches monkey into space

Lisa Grossman, physical sciences reporter

Last summer, the Iranian Space Agency announced their plan to send a monkey into space - and now they've apparently done it.

According to Iranian state-run television, a press release on the space agency's website, and photos of the event, Iran sent a live rhesus monkey into sub-orbital space aboard a small rocket called Pishgam, or Pioneer. There's even a video posted on YouTube that appears to be of the launch (though New Scientist could not confirm its authenticity).

The report has not been confirmed independently, however, and the US air force's North American Aerospace Defense Command (NORAD) has not reported seeing any missile launches from Iran.

But independent observers say the launch looks legitimate.

"Really, I see no reason not to take their word for it," says Jonathan McDowell, an astronomer at the Harvard-Smithsonian Center for Astrophysics who also keeps a log of space launches. He says he's convinced by the photos and discussions he's had with several knowledgeable source in online forums.

In photos released on the Iranian Space Agency's website, the rocket looks like the same kind the agency has launched before, but with a larger nose cone designed to fit a small chamber that can support life. Images also showed a live rhesus monkey strapped to a small seat.

The reports say the rocket went straight up 120 kilometres, which McDowell says qualifies as outer space, but not high enough to reach orbit, and came back down with a parachute.

It's unclear exactly when the launch took place. The press release says that the launch happened on the birthday of Mohammed the Prophet, which is celebrated by Shiites on 29 January, but was celebrated last week elsewhere in the world.

Some countries worry that Iranian rockets capable of carrying animals or people could also carry weapons. Iran has denied any military intention.

"This is not a scary thing because this is not a big new rocket that could hit America or anything like that," McDowell says. "There's nothing military to this. It's purely for propaganda. Nevertheless, it advances their science and their technology by being able to do it."

Iran says the launch is a first step towards sending humans into space, which they intend to do in the next 5 to 8 years. To do that, McDowell says, they'll need to build a larger rocket. The country currently has a vehicle called Safir that has successfully put satellites in orbit, and is developing a more powerful launcher called Simorgh.

The next step will probably be to either launch Safir to carry a human to sub-orbital space, or an unmanned Simorgh flight into orbit to make sure mission controllers can return it to the ground safely.

"They don't want to repeat what the Soviets did" in 1957, McDowell says, "which is put a living being in orbit before you figure out how to get it back."

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HDB offers 3,346 new flats under 6 BTO projects

SINGAPORE: The HDB has launched six Build-To-Order (BTO) projects where there will be a total of 3,346 new flats in three non-mature towns - Choa Chu Kang, Hougang and Yishun - and three mature towns - Ang Mo Kio, Kallang Whampoa and Tampines.

This is the first tranche of the 23,000 BTO flats which HDB has planned for 2013.

Eligible first-timer households can enjoy up to S$60,000 of housing grants comprising additional CPF housing grant (S$40,000) and special CPF housing grant (S$20,000).

HDB said with these grants included, 3-room flats will be priced from as low as S$105,000 and 4-room flats from S$214,000.

Priority allocation will be given to first-timer married couples with children under the Parenthood Priority Scheme as announced on 21 January.

HDB will set aside a fixed quota for the BTO and Sales of Balance Flats Sales Exercises for first-timer married couples with a child aged below 16 years old.

For BTO it'll be 30 per cent of flat supply and for SBF it'll be 50 per cent.

Applications for new flats can be submitted online from Tuesday to 4 February.

HDB added that the next batch of BTO flats will be launched in March 2013 where a total of 3,890 new flats will be offered in Bukit Batok, Punggol and Sengkang.

- CNA/ck

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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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