How to Fix America’s Harmful Hacking Laws

Many technology-law experts feel there’s too much leeway for prosecutors under the 1986 Computer Fraud and Abuse Act, allowing prosecutors to rack up serious charges for what may seem like minor offenses to outsiders.

The Aaron Swartz case may be a perfect example of such overreach. The young programmer, who was indicted twice under the CFAA, faced 50 years in prison for allegedly downloading 4 million academic-journal articles.

Swartz hanged himself in his Brooklyn apartment last week, two days after his lawyer and prosecutors reportedly failed to reach a plea deal.

Adam Goldstein, an attorney advocate at the Student Press Law Center in Arlington, Va., said, “the language of [the CFAA] could be tighter, [but] that’s not why things are going horribly wrong” with computer-related prosecutions.

“What’s going wrong with these prosecutions,” he said, “is that any prosecutor in any corner of the country can prosecute a computer crime, even though he or she may know absolutely nothing about computers and have only a rudimentary understanding of what the laws were even designed to prohibit.”

[How Computer-Hacking Laws Make You a Criminal]

In the Swartz case, the online archive from which Swartz downloaded the journal articles chose not to press charges.

But the U.S. attorney for Massachusetts, Carmen Ortiz, did.

Not only did her office issue a four-count indictment of Swartz in July 2011, with maximum penalties of 35 years in prison, but in September 2012 it superseded the original filing with a 13-count indictment that added 15 more years.

“These sentences make no sense to me,” said Chester Wisniewski, a senior security analyst in the Vancouver, British Columbia, office of the British firm Sophos. “While I take copyright and digital crime very seriously, I can’t explain or justify these penalties.”

On Wednesday (Jan. 16), Ortiz issued a statement that she and her office didn’t really intend to throw Swartz into prison for five decades.

“There was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain,” Ortiz said. “This office sought an appropriate sentence that matched the alleged conduct — a sentence that we would recommend to the judge of six months in a low-security setting.”

The charges against Swartz were dropped after his suicide.

“In my experience, U.S. attorneys tend to throw the book at defendants,” said former federal public defender Hanni Fakhoury, a staff attorney at the Electronic Frontier Foundation in San Francisco.

“The ‘tough’ prosecutors are the ones who get promoted and have their careers advanced,” he said. “This isn’t unique to Aaron’s case or the CFAA: it’s a problem in federal criminal law, period.”

Robert Graham, chief executive officer of Errata Security in Atlanta, said it comes down to the way the CFAA and related laws were written.

“Laws target the means rather than the ends,” Graham said. “This allows you to be prosecuted because you use the same means [as a criminal], but for legitimate ends. Almost anybody can be prosecuted for illegal use of a computer if prosecutors wanted to.”

Christopher Soghoian, a senior policy analyst at the American Civil Liberties Union, was more blunt.

“The offenses that Swartz was accused of were not motivated by profit, nor did they involve actual hacking,” Soghoian said.

“Federal prosecutors could and should have shown restraint in their case against Swartz and instead focused their limited resources investigating other, more serious computer hacking crimes.”

A legislative solution

Is Congress likely to craft and pass legislation to fix the CFAA? Many, if not most, members of Congress don’t know much about how computers work.

Meanwhile, leading lawmakers and government officials have been telling the public that hackers have the capability to destroy America.

Some experts we spoke to think reform of the CFAA and related statutes might be possible even in such a political environment.

“Change has to come from them [Congress], ultimately, and I’m convinced if we get enough people concerned about the abuse of this law, there can be some meaningful reform,” Fakhoury said. “They did, after all, drop SOPA [the Stop Online Piracy Act] when it became clear there was a lot of dissatisfaction with it.”

“I think we can trust Congress to do this, honestly, because I think they know that they don’t understand these crimes,” Goldstein said. “I believe they can understand that their ignorance is doing harm. And what member of Congress wants to oppose creating a system that will better prosecute electronic crimes?”

Rep. Zoe Lofgren, D-Calif., introduced a bill Tuesday (Jan. 15) to amend the CFAA and a related fraud statute.

Her proposal, which she called “Aaron’s Law,” would exclude violations of private agreements and obligations, such terms-of-service agreements, acceptable-use policies and employment contracts, from being considered unauthorized access.

It would, in essence, mean you’d no longer be breaking the law by using a friend’s Netflix account.

It’s not clear whether Lofgren’s amendment would have prevented Swartz’s prosecution, however.

A prosecutor might have argued that Swartz, who used MIT’s on-campus network to download the archived journal articles, was not associated with MIT and hence was not party to the contractual agreement MIT had with the academic archive.

(Swartz was associated with Harvard and was entitled to access the archive from Harvard’s network using Harvard’s paid subscription.)

Graham was less optimistic about the prospect for legislative reform, observing that Congress responds “to the will of the people, and the people don’t understand this issue, either.”

“The people don’t know how computers work. It’s all witchcraft to them,” he added. “Hackers are witches; the people want to see them burned.”

Instead, Graham suggested abolishing the CFAA entirely.

“The solution is not to reform it, but remove it,” he said. “Focus on the actual crimes, such as espionage or stealing money, and not on the idea of ‘accessing a computer without authorization.’”

Special experts for special cases

Goldstein, on the other hand, thinks the solution to handling electronic infractions already exists — it just isn’t being used properly.

“When we have an area of the law we think is really complicated, we set up some kind of body, either investigative or judicial, to help ensure the laws are enforced correctly,” he said.

“After Sept. 11, the federal government realized that terrorism cases are sophisticated, subtle and aren’t easy for your average cops and prosecutors to identify. The Department of Justice set up the Joint Terrorism Task Force (JTTF), a clearing house for terrorism information with local groups of experts set up to analyze and prosecute terrorism crimes.

“The Patriot Act itself also directed the Secret Service to set up the Electronic Crimes Task Force,” Goldstein said. “But electronic crime prosecutions just aren’t being ‘cleared’ through ECTF the same way terrorism prosecutions are cleared through JTTF.

“If you search the ECTF website, Aaron’s name doesn’t come up, which makes you wonder what the heck it’s for. So what needs to happen, really and truly, is for the ECTF to become a branch of the Department of Justice like the JTTF, so it [becomes] able to meaningfully involve itself in these cases the way JTTF does.”

This story was provided by TechNewsDaily, a sister site to LiveScience.

Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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U.S. 'needs tougher child labor rules'

Cristina Traina says in his second term, Obama must address weaknesses in child farm labor standards

STORY HIGHLIGHTS

• Cristina Traina: Obama should strengthen child farm labor standards


• She says Labor Dept. rules allow kids to work long hours for little pay on commercial farms


• She says Obama administration scrapped Labor Dept. chief's proposal for tightening rules


• She says Labor Dept. must fix lax standards for kid labor on farmers; OSHA must enforce them

Editor's note: Cristina L.H. Traina is a Public Voices Op Ed fellow and professor at Northwestern University, where she is a scholar of social ethics.

(CNN) -- President Barack Obama should use the breathing space provided by the fiscal-cliff compromise to address some of the issues that he shelved during his last term. One of the most urgent is child farm labor. Perhaps the least protected, underpaid work force in American labor, children are often the go-to workers for farms looking to cut costs.

It's easy to see why. The Department of Labor permits farms to pay employees under 20 as little as $4.25 per hour. (By comparison, the federal minimum wage is $7.25.) And unlike their counterparts in retail and service, child farm laborers can legally work unlimited hours at any hour of day or night.

The numbers are hard to estimate, but between direct hiring, hiring through labor contractors, and off-the-books work beside parents or for cash, perhaps 400,000 children, some as young as 6, weed and harvest for commercial farms. A Human Rights Watch 2010 study shows that children laboring for hire on farms routinely work more than 10 hours per day.

As if this were not bad enough, few labor safety regulations apply. Children 14 and older can work long hours at all but the most dangerous farm jobs without their parents' consent, if they do not miss school. Children 12 and older can too, as long as their parents agree. Unlike teen retail and service workers, agricultural laborers 16 and older are permitted to operate hazardous machinery and to work even during school hours.

In addition, Human Rights Watch reports that child farm laborers are exposed to dangerous pesticides; have inadequate access to water and bathrooms; fall ill from heat stroke; suffer sexual harassment; experience repetitive-motion injuries; rarely receive protective equipment like gloves and boots; and usually earn less than the minimum wage. Sometimes they earn nothing.

Little is being done to guarantee their safety. In 2011 Secretary of Labor Hilda Solis proposed more stringent agricultural labor rules for children under 16, but Obama scrapped them just eight months later.

Adoption of the new rules would be no guarantee of enforcement, however. According to the 2010 Human Rights Watch report, the Department of Labor employees were spread so thin that, despite widespread reports of infractions they found only 36 child labor violations and two child hazardous order violations in agriculture nationwide.

This lack of oversight has dire, sometimes fatal, consequences. Last July, for instance, 15-year-old Curvin Kropf, an employee at a small family farm near Deer Grove, Illinois, died when he fell off the piece of heavy farm equipment he was operating, and it crushed him. According to the Bureau County Republican, he was the fifth child in fewer than two years to die at work on Sauk Valley farms.

If this year follows trends, Curvin will be only one of at least 100 children below the age of 18 killed on American farms, not to mention the 23,000 who will be injured badly enough to require hospital admission. According to Center for Disease Control and Prevention statistics, agriculture is one of the most dangerous industries. It is the most dangerous for children, accounting for about half of child worker deaths annually.

The United States has a long tradition of training children in the craft of farming on family farms. At least 500,000 children help to work their families' farms today.

Farm parents, their children, and the American Farm Bureau objected strenuously to the proposed new rules. Although children working on their parents' farms would specifically have been exempted from them, it was partly in response to worries about government interference in families and loss of opportunities for children to learn agricultural skills that the Obama administration shelved them.

Whatever you think of family farms, however, many child agricultural workers don't work for their parents or acquaintances. Despite exposure to all the hazards, these children never learn the craft of farming, nor do most of them have the legal right to the minimum wage. And until the economy stabilizes, the savings farms realize by hiring children makes it likely that even more of them will be subject to the dangers of farm work.

We have a responsibility for their safety. As one of the first acts of his new term, Obama should reopen the child agricultural labor proposal he shelved in spring of 2012. Surely, farm labor standards for children can be strengthened without killing off 4-H or Future Farmers of America.

Second, the Department of Labor must institute age, wage, hour and safety regulations that meet the standards set by retail and service industry rules. Children in agriculture should not be exposed to more risks, longer hours, and lower wages at younger ages than children in other jobs.

Finally, the Department of Labor and the Occupational Safety and Health Administration must allocate the funds necessary for meaningful enforcement of child labor violations. Unenforced rules won't protect the nearly million other children who work on farms.

Agriculture is a great American tradition. Let's make sure it's not one our children have to die for.

Follow us on Twitter @CNNOpinion.

Join us on Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Cristina Traina.

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Autopsy today for lottery winner poisoned by cyanide

The body of poisoned lottery winner, Urooj Khan, is exhumed at Rosehill Cemetery in Chicago on Friday, Jan. 18, 2013. (John J. Kim, Chicago Tribune)

Chief Cook County Medical Examiner Stephen J. Cina said this afternoon that the body of lottery winner Urooj Khan, exhumed as part of a homicide investigation, was in an advanced state of decomposition but pathologists were able to take samples for toxicological analysis during an autopsy.

It could take several weeks before the test results are available, Cina said.

"I can't really predict how the results are going to turn out. Cyanide over the postmortem period actually can essentially evaporate and leave the tissue," Cina told reporters in the lobby of the medical examiner's office on the Near West Side. "It is possible that cyanide that was in the tissues is no longer in the tissues after several months. We'll just have to see how the results play out."

Cina said it took a few hours to complete the autopsy following the exhumation of Khan’s body from Rosehill Cemetery this morning.

The medical examiner’s office initially ruled that Khan’s July 20 death was from natural causes, but after a relative raised questions, comprehensive toxicological tests of blood showed that he died of cyanide poisoning. He had won a million-dollar lottery prize a few weeks before his death but had not collected the winnings – a lump-sum payment of about $425,000 after taxes.

Earlier today, a hearse was opened in front of a green tent set up at the grave site just north of Peterson Avenue and Khan's body was loaded into it. An evidence technician snapped a photo of it before the hearse's rear doors were closed up and the vehicle was driven away across the grass on the cemetery, escorted by a Chicago police evidence technician squad car and several other marked and unmarked police vehicles. They exited west onto Peterson Avenue.

The whole exhumation process lasted about two hours.

Khan's body was not frozen, officials said. A medical examiner's office spokeswoman, Mary Paleologos, said Khan's body will be buried again on Monday.

Dr. Marta Helenowski, the forensic pathologist who originally handled Khan's case, was to take samples of Khan's lungs, liver and spleen for further testing, along with taking a look at the contents of Khan's stomach and intestines and taking bone, nail and hair samples, all for further examination, according Paleologos.

"Depending on the condition of the body and the quality of the samples, (the medical examiner's office) will hopefully be able to determine how the cyanide entered his body," Paleologos said.

It'll be two or three weeks before the medical examiner's office knows how the cyanide got into Khan's system. The office will also have to wait for independent lab test results.

Helenowski and a few medical examiner's office personnel were on hand for the exhumation. An imam also was present to say prayers at the grave site as the exhumation went on.

Several helicopters hovered over Rosehill Cemetery and a backhoe and three or four pickup trucks were stationed at the grave site in the middle of the cemetery's northern section, where a beam of light could be seen shining over Khan's headstone. The backhoe soon began its work digging into the ground at the grave site. In addition to the backhoe, one or two workers were seen helping dig up the body with shovels.

A large tent was set up at the site where some two dozen police officers were gathered. Among the officers are two Chicago police evidence technicians, Paleologos said. One was taking still photos of the exhumation, while the other was shooting video.

An unmarked police car and two blue barricades blocked off the Peterson Avenue gate to Rosehill, the only entrance and exit in the northern section of the cemetery.

Four TV trucks sat parked along the fence about 100 yards west of the grave site along Oakley Avenue, the designated staging area for the media. A group of about a dozen photographers, a videographer and TV reporters stood along the Peterson Avenue fence, next to where traffic moved along the busy thoroughfare like any normal morning rush hour.

A few passersby gazed at the police activity at the grave site from Oakley Avenue. One, curious about large presence inside the cemetery, was surprised to learned from a Tribune reporter that it was Khan's body being dug up. Another thought someone was having a funeral.

The exhumation of Khan's remains came about six months after the West Rogers Park man was buried at Rosehill. In court papers last week, Cina said it was important to exhume the remains "as expeditiously as possible" since Khan's body was not embalmed.

In court papers, Cina said it was necessary to perform a full autopsy to "further confirm the results of the blood analysis as well as to rule out any other natural causes that might have contributed to or caused Mr. Khan's death."

The exhumation comes after the Tribune broke the story on Jan. 7 about Khan's mysterious death, sparking international media interest in the case.

The medical examiner's office initially ruled Khan's July 20 death was from hardening of the arteries when there were no signs of trauma on the body and a preliminary blood test didn't raise any questions. But the investigation was reopened about a week later after a relative suggested to authorities that Khan's death "may have been the result of poisoning," prosecutors said in a court filing seeking the exhumation.

The medical examiner's office contacted Chicago police Sept. 11 after tests showed cyanide in Khan's blood. By late November, more comprehensive toxicological tests showed lethal levels of the toxic chemical and the medical examiner's office declared his death a homicide.

Khan's widow, Shabana Ansari, who has hired a criminal-defense lawyer, told the Tribune last week that she had been questioned for more than four hours by detectives and had fully cooperated.  She said the detectives had asked her about ingredients she used to prepare his last meal of lamb curry, shared by Ansari, her father-in-law Fareedun Ansari and Khan's daughter from a previous marriage, Jasmeen, 17.

While a motive has not been determined, police have not ruled out that Khan was killed because of his lottery win, a law enforcement source has told the Tribune.

According to court records obtained by the Tribune, Khan's brother has squabbled with Shabana Ansari over the lottery winnings in probate court. The brother, ImTiaz Khan, raised concern that since Khan left no will, Jasmeen Khan would not get "her fair share" of her father's estate.

Khan and Ansari did not have children together. Since her father's death, Jasmeen Khan has been living with Khan's siblings.

An attorney for Ansari in the probate case said the money was all accounted for and the estate was in the process of being divided up by the court. Under state law, the estate typically would be split evenly between the spouse and Khan's only child, he said.

In addition, almost two years ago, the Internal Revenue Service placed liens on Khan's residence on West Pratt Boulevard in an effort to collect more than $120,000 in back taxes from his father-in-law,  Fareedun Ansari, who still lives at the home with his daughter.

Fareedun and Shabana Ansari have denied involvement in Khan's death.

jgorner@tribune.com

Twitter: @ChicagoBreaking

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Foreigners still trapped in Sahara hostage crisis

ALGIERS/IN AMENAS, Algeria (Reuters) - More than 20 foreigners were captive or missing inside a desert gas plant on Saturday, nearly two days after the Algerian army launched an assault to free them that saw many hostages killed.

The standoff between the Algerian army and al Qaeda-linked gunmen - one of the biggest international hostage crises in decades - entered its fourth day, having thrust Saharan militancy to the top of the global agenda.

The number and fate of victims has yet to be confirmed, with the Algerian government keeping officials from Western countries far from the site where their countrymen were in peril.

Reports put the number of hostages killed at between 12 to 30, with possibly dozens of foreigners still unaccounted for - among them Norwegians, Japanese, Britons, Americans and others.

By nightfall on Friday, the Algerian military was holding the vast residential barracks at the In Amenas gas processing plant, while gunmen were holed up in the industrial plant itself with an undisclosed number of hostages.

Scores of Westerners and hundreds of Algerian workers were inside the heavily fortified compound when it was seized before dawn on Wednesday by Islamist fighters who said they wanted a halt to a French military operation in neighboring Mali.

Hundreds escaped on Thursday when the army launched an operation, but many hostages were killed in the assault. Algerian forces destroyed four trucks holding hostages, according to the family of a Northern Irish engineer who escaped from a fifth truck and survived.

Leaders of Britain, Japan and other countries have expressed frustration that the assault was ordered without consultation and officials have grumbled at the lack of information. Many countries also withheld details about their missing citizens to avoid releasing information that might aid the captors.

An Algerian security source said 30 hostages, including at least seven Westerners, had been killed during Thursday's assault, along with at least 18 of their captors. Eight of the dead hostages were Algerian, with the nationalities of the rest of the dead still unclear, he said.

Algeria's state news agency APS put the total number of dead hostages at 12, including both foreigners and locals.

The base was home to foreign workers from Britain's BP, Norway's Statoil and Japanese engineering firm JGC Corp and others.

Norway says eight Norwegians are still missing. JGC said it was missing 10 staff. Britain and the United States have said they have citizens unaccounted for but have not said how many.

The Algerian security source said 100 foreigners had been freed but 32 were still unaccounted for.

"We must be prepared for bad news this weekend but we still have hope," Norwegian Prime Minister Jens Stoltenberg said.

The attack has plunged international capitals into crisis mode and is a serious escalation of unrest in northwestern Africa, where French forces have been in Mali since last week fighting an Islamist takeover of Timbuktu and other towns.

"We are still dealing with a fluid and dangerous situation where a part of the terrorist threat has been eliminated in one part of the site, but there still remains a threat in another part," British Prime Minister David Cameron told his parliament.

Two Japanese, two Britons and a French national were among the seven foreigners confirmed dead in the army's storming, the Algerian security source told Reuters. One British citizen was killed when the gunmen seized the hostages on Wednesday.

"(The army) is still trying to achieve a ‘peaceful outcome' before neutralizing the terrorist group that is holed up in the (facility) and freeing a group of hostages that is still being held," Algeria's state news agency said on Friday, quoting a security source.

MULTINATIONAL INSURGENCY

Algerian commanders said they moved in on Thursday about 30 hours after the siege began, because the gunmen had demanded to be allowed to take their captives abroad.

A French hostage employed by a French catering company said he had hidden in his room for 40 hours under the bed before he was rescued by Algerian troops, relying on Algerian employees to smuggle him food with a password.

"I put boards up pretty much all round," Alexandre Berceaux told Europe 1 radio. "I didn't know how long I was going to stay there ... I was afraid. I could see myself already ending up in a pine box."

The captors said their attack was a response to the French military offensive in neighboring Mali. However, some U.S. and European officials say the elaborate raid probably required too much planning to have been organized from scratch in the single week since France first launched its strikes.

Paris says the incident proves its decision to fight Islamists in neighboring Mali was necessary.

Security in the half-dozen countries around the Sahara desert has long been a preoccupation of the West. Smugglers and militants have earned millions in ransom from kidnappings.

The most powerful Islamist groups operating in the Sahara were severely weakened by Algeria's secularist military in a civil war in the 1990s. But in the past two years the regional wing of Al Qaeda gained fighters and arms as a result of the civil war in Libya, when arsenals were looted from Muammar Gaddafi's army.

Al Qaeda-linked fighters, many with roots in Algeria and Libya, took control of northern Mali last year, prompting the French intervention in that poor African former colony.

The apparent ease with which the fighters swooped in from the dunes to take control of an important energy facility, which produces some 10 percent of the natural gas on which Algeria depends for its export income, has raised questions over the value of outwardly tough Algerian security measures.

Algerian officials said the attackers may have had inside help from among the hundreds of Algerians employed at the site.

U.S. Defense Secretary Leon Panetta said those responsible would be hunted down: "Terrorists should be on notice that they will find no sanctuary, no refuge, not in Algeria, not in North Africa, not anywhere... Those who would wantonly attack our country and our people will have no place to hide."

(Additional reporting by Ali Abdelatti in Cairo, Eamonn Mallie in Belfast, Gwladys Fouche in Oslo, Mohammed Abbas in London and Padraic Halpin and Conor Humphries in Dublin; Writing by Philippa Fletcher and Peter Graff; Editing by Andrew Roche and Tom Pfeiffer)

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Housing, job data push S&P to five-year high; Intel down late

NEW YORK (Reuters) - Stronger-than-expected data on housing starts and jobless claims lit a fire under stocks on Thursday, pushing the S&P 500 to a five-year high and its third day of gains.

A pair of economic reports lifted investors' sentiment. The number of Americans filing new claims for unemployment benefits fell to a five-year low last week and housing starts jumped last month to the highest since June 2008.

Strength in the housing and labor markets is key to sustained growth and higher corporate profits, helping to bring out buyers even on a day when earnings reports were mixed.

Gains were tempered by weakness in the financial sector, with Bank of America down 4.2 percent to $11.28 and Citigroup off 2.9 percent to $41.24 after their results.

In other negative earnings news, shares of chipmaker Intel fell 5.2 percent to $21.49 in extended-hours trading after the company forecast quarterly revenue that fell short of analysts' expectations. Intel had ended the regular session up 2.6 percent at $22.68.

The S&P 500 ended at its highest since December 2007 and now sits just 5.6 percent from its all-time closing high of 1,565.15.

"Having consolidated really for the last two weeks, the fact that we broke out, I think that that is sucking in quite a bit of money," said James Dailey, portfolio manager of TEAM Asset Strategy Fund in Harrisburg, Pennsylvania.

The Dow Jones industrial average <.dji> was up 84.79 points, or 0.63 percent, at 13,596.02. The Standard & Poor's 500 Index <.spx> was up 8.31 points, or 0.56 percent, at 1,480.94. The Nasdaq Composite Index <.ixic> was up 18.46 points, or 0.59 percent, at 3,136.00.

Better-than-expected earnings and revenue reported by online marketplace eBay late Wednesday helped the stock gain 2.7 percent to $54.33.

In the housing sector, PulteGroup Inc shares gained 4.9 percent to $20.29 and Toll Brothers Inc advanced 3.1 percent to $35.99. The PHLX housing sector index <.hgx> climbed 2.4 percent, reaching its highest close since August 2007.

Semiconductor shares <.sox> rose 2 percent to the highest close in eight months.

Financials were the only S&P 500 sector to register a slight decline for the day.

Bank of America's fourth-quarter profit fell as it took more charges to clean up mortgage-related problems. Citigroup posted $2.32 billion of charges for layoffs and lawsuits.

Energy shares led gains on the Dow as U.S. crude oil prices jumped more than 1 percent. Shares of Exxon Mobil were up 0.8 percent at $90.20 while shares of Chevron were up 0.7 percent at $114.75.

S&P 500 earnings are expected to have risen 2.3 percent in the fourth quarter, Thomson Reuters data showed. Expectations for the quarter have fallen considerably since October when a 9.9 percent gain was estimated.

Volume was roughly 6.5 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Advancers outpaced decliners on the NYSE by about 22 to 7 and on the Nasdaq by about 2 to 1.

(Additional reporting by Chuck Mikolajczak; Editing by Kenneth Barry and Nick Zieminski)

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Lance Armstrong left it 'all on table' with Oprah

All the speculation is about to end. In a matter of hours, viewers can judge for themselves whether Lance Armstrong told the truth this time.

Armstrong's confession to Oprah Winfrey about using performance-enhancing drugs to win the Tour de France a record seven times in a row will be televised at 9 p.m. Thursday, the first segment of a two-part special on the Oprah Winfrey Network. Since word of his confession during Monday's taping in Austin, Texas, was first reported by The Associated Press, there has been no shortage of opinions or advice on what Armstrong should say.

The International Olympic Committee didn't wait to listen.

The IOC on Wednesday stripped Armstrong of his 2000 bronze medal, sending him a letter asking him to return it, according to officials who spoke on condition of anonymity because the decision had not been announced.

For others who will tune in Thursday, it's not just what Armstrong said that matters. How he said it, whether angry, tearful or matter-of-fact, will be judged as well.

"I left it all on the table with her and when it airs the people can decide," Armstrong said of his interview in a text sent to the AP on Wednesday. He dismissed a story earlier in the day that described him as "not contrite" when he acknowledged doping while dominating the cycling world.

Livestrong, the cancer charity Armstrong founded in 1997 and was forced to walk away from last year, said in a statement it expected him to be "completely truthful and forthcoming." A day earlier, World Anti-Doping Agency director general David Howman said nothing short of a confession under oath — "not talking to a talk-show host" — could prompt a reconsideration of Armstrong's lifetime ban from sanctioned events. And Frankie Andreu, a former teammate that Armstrong turned on, said the disgraced cyclist had an obligation to tell all he knew and help clean up the sport.

"I have no idea what the future holds other than me holding my kids," Armstrong said in the text.

Armstrong has held conversations with officials from the U.S. Anti-Doping Agency, including a reportedly contentious face-to-face meeting with USADA chief executive Travis Tygart near the Denver airport. It was USADA's 1,000-page report last year, including testimony from nearly a dozen former teammates, that portrayed Armstrong as the leader of a sophisticated doping ring that propelled the U.S. Postal Service team to title after title at the Tour de France. In addition to the lifetime ban, Armstrong was stripped of all seven wins, lost nearly all of his endorsements and was forced to cut ties with Livestrong.

According to a person with knowledge of the situation, Armstrong has information that might lead to his ban being reduced to eight years. That would make him eligible to compete in elite triathlons, many of which are sanctioned under world anti-doping rules, in 2020, when Armstrong will be 49. He was a professional athlete in the three-discipline sport as a teenager, and returned to competition after retiring from cycling in 2011.

That person also said the bar for Armstrong's redemption is higher now than when the case was open, a time during which he refused to speak to investigators. The person spoke on condition of anonymity because he was discussing a confidential matter.

Armstrong, who always prized loyalty on his racing teams, now faces some very tough choices himself: whether to cooperate and name those who may have aided, abetted or helped cover up the long-time use of PEDs.

Armstrong left his hometown of Austin, where the interview was taped at a downtown hotel, and is in Hawaii. He is named as a defendant in at least two pending lawsuits, and possibly a third. The Justice Department faces a Thursday deadline on whether to join a whistle-blower lawsuit filed by former teammate Floyd Landis, who was stripped of the 2006 Tour de France title for doping.

That suit alleges Armstrong defrauded the U.S. government by repeatedly denying he used performance-enhancing drugs. Armstrong could be required to return substantial sponsorship fees and pay a hefty fine. The AP reported earlier that Justice Department officials were likely to join the lawsuit.

___

Jim Litke reported from Chicago, Jim Vertuno from Austin.

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‘Gadget Graveyard’ Voters Say: CD-ROMs Are Doomed, Cameras Aren’t

CD-ROMs and radios are the gadgets most likely to go extinct, as determined in a “Gadget Graveyard” voting contest. Meanwhile, cameras and desktop computers avoided the same forecast, despite consumers snapping up smartphones and tablets in 2013.

More than 1,700 people participated in person or online by voting “yes” or “no” on whether gadgets would end up in the Gadget Graveyard this year. (The Institute of Electrical and Electronics Engineers, which organized the Gadget Graveyard contest, recruited a ghostly Thomas Edison projection to publicize it at the Consumer Electronics Show last week in Las Vegas.)

The 30-year-old CD-ROM technology received 75 percent “yes” votes from participants. That came as little surprise, given how CD-ROMs have been facing the threat of extinction since the rise of more-portable USB flash drives.

But voters — a mix of IEEE members, engineers, engineering students and CES attendees — seemed more divided over the fate of other gadgets.

Radios came in second on the Gadget Graveyard list with 58 percent “yes” votes, followed by MP3 players with 55 percent, DVDs with 53 percent, and cable boxes with 51 percent. The voting may reflect how consumers have been gravitating toward online streaming or Internet downloads for TV shows, films and music entertainment.

The pessimism toward MP3 players also could gauge people’s preference for using their smartphones to listen to music.

Still, smartphones have not completely won over people’s hearts and minds as all-in-one mobile devices that can snap pictures and guide people on the go. Voters seemed optimistic about the future of stand-alone cameras and GPS systems — those devices got “no” votes of 75 percent and 58 percent, respectively, regarding their chances of ending up in the junk heap.

Voters also saved desktop computers from the Gadget Graveyard, with 62 percent voting “no” even as tablets and laptops rise in popularity for businesses and homeowners.

Several paper-based items topped the list of “gadgets” most likely to live another year, based on the percentage of “no” votes. They included printers (81 percent), printed money (74 percent) and even spiral-bound notebooks (64 percent) — a sign that futuristic trends such as a cashless society or electronic notebooks remain far from the mainstream.

This story was provided by TechNewsDaily, a sister site to LiveScience. Follow TechNewsDaily on Twitter @TechNewsDaily. We’re also on Facebook & Google+.

Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Did Scientology ad cross line?

The Church of Scientology is also at fault for thinking the advertorial would survive The Atlantic readers' scrutiny, Ian Schafer says.

STORY HIGHLIGHTS

• The Atlantic published and pulled a sponsored Scientology "story"


• Ian Schafer: On several levels, the ad was a mistake


• He says the content was heavy-handed and comments were being moderated


• Schafer: Experimenting to raise revenue makes sense, but standards should be clear

Editor's note: Ian Schafer is the founder and CEO of a digital advertising agency, Deep Focus, and the alter ego of @invisibleobama. You can read his rants on his blog at ianschafer.com.

(CNN) -- "The Atlantic is America's leading destination for brave thinking and bold ideas that matter. The Atlantic engages its print, online, and live audiences with breakthrough insights into the worlds of politics, business, the arts, and culture. With exceptional talent deployed against the world's most important and intriguing topics, The Atlantic is the source of opinion, commentary, and analysis for America's most influential individuals who wish to be challenged, informed, and entertained." -- The Atlantic 2013 media kit for advertisers

On Monday, The Atlantic published -- and then pulled -- a story titled "David Miscavige Leads Scientology to Milestone Year." This "story" went on to feature the growth of Scientology in 2012.

Ian Schafer

Any regular reader of The Atlantic's content would immediately do a double-take upon seeing that kind of headline, much less the heavy-handed text below it, shamelessly plugging how well Scientology's "ecclesiastical leader" Miscavige has done in "leading a renaissance for the religion."

This "story" is one of several "advertorials" (a portmanteau of "advertising" and "editorials") that The Atlantic has published online, clearly designated as "Sponsor Content." In other words, "stories" like these aren't real stories. They are ads with a lot of words, which advertisers have paid publications to run on their behalf for decades. You may have seen them in magazines and newspapers as "special advertising sections."

The hope is that because you are already reading the publication, hey, maybe you'll read what the advertiser has to say, too -- instead of the "traditional" ad that they may have otherwise placed on the page that you probably won't remember, or worse, will ignore.

There's nothing wrong with this tactic, ethically, when clearly labeled as "sponsored" or "advertising." But many took umbrage with The Atlantic in this particular case; so many, that The Atlantic responded by pulling the story from its site -- which was the right thing to do -- and by apologizing.

At face value, The Atlantic did the right thing for its business model, which depends upon advertising sales. It sold what they call a "native" ad to a paying advertiser, clearly labeled it as such, without the intention of misleading readers into thinking this was a piece of journalism.

But it still failed on several levels.

The Atlantic defines its readers as "America's most influential individuals who wish to be challenged, informed, and entertained." By that very definition, it is selling "advertorials" to people who are the least likely to take them seriously, especially when heavy-handed. There is a fine line between advertorial and outright advertising copywriting, and this piece crossed it. The Church of Scientology is just as much at fault for thinking this piece would survive The Atlantic readers' intellectual scrutiny. But this isn't even the real issue.

Bad advertising is all around us. And readers' intellectual scrutiny would surely have let the advertorial piece slide without complaints (though snark would be inevitable), as they have in the past, or yes, even possibly ignored it. But here's where The Atlantic crossed another line -- it seemed clear it was moderating the comments beneath the advertorial.

As The Washington Post reported, The Atlantic marketing team was carefully pruning the comments, ensuring that they were predominantly positive, even though many readers were leaving negative comments. So while The Atlantic was publishing clearly labeled advertiser-written content, it was also un-publishing content created by its readers -- the very folks it exists to serve.

It's understandable that The Atlantic would inevitably touch a third rail with any "new" ad format. But what it calls "native advertising" is actually "advertorial." It's not new at all. Touching the third rail in this case is unacceptable.

So what should The Atlantic have done in this situation before it became a situation? For starters, it should have worked more closely with the Church of Scientology to help create a piece of content that wasn't so clearly written as an ad. If the Church of Scientology was not willing to compromise its advertising to be better content, then The Atlantic should not have accepted the advertising. But this is a quality-control issue.

The real failure here was that comments should never have been enabled beneath this sponsored content unless the advertiser was prepared to let them be there, regardless of sentiment.

It's not like Scientology has avoided controversy in the past. The sheer, obvious reason for this advertorial in the first place was to dispel beliefs that Scientology wasn't a recognized religion (hence "ecclesiastical").

Whether The Atlantic felt it was acting in its advertiser's best interest, or the advertiser specifically asked for this to happen, letting it happen at all was a huge mistake, and a betrayal of an implicit contract that should exist between a publication of The Atlantic's stature and its readership.

No matter how laughably "sales-y" a piece of sponsored content might be, the censoring of readership should be the true "third rail," never to be touched.

Going forward, The Atlantic (and any other publication that chooses to run sponsored content) should adopt and clearly communicate an explicit ethics statement regarding advertorials and their corresponding comments. This statement should guide the decisions it makes when working with advertisers, and serve as a filter for the sponsored content it chooses to publish, and what it recommends advertisers submit. It should also prevent readers from being silenced if given a platform at all.

As an advertising professional, I sincerely hope this doesn't spook The Atlantic or any other publication from experimenting with ways to make money. But as a reader, I hope it leads to better ads that reward me for paying attention, rather than muzzle my voice should I choose to interact with the content.

After all, what more could a publication or advertiser ask for than for content to be so interesting that someone actually would want to comment on (or better, share) it?

(Correction: An earlier version of this article incorrectly said native advertising accounts for 59% of the Atlantic's ad revenue. Digital advertising, of which native advertising is a part, accounts for 59% of The Atlantic's overall revenue, according to the company.)

Follow @CNNOpinion on Twitter.

Join us at Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Ian Schafer.

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2 in custody after shooting death of teen

The mother and aunt of 17-year-old Tyrone Lawson, who was killed after watching a prep basketball game at Chicago State University on Jan. 16, 2013, talk about the incident.

Pamela Wright had dropped off her son at Chicago State University for a high school basketball game and was waiting for him to get back in touch when she got the awful news.

Her son Tyrone Lawson had been shot, apparently as he ran from a fight that had spilled out of the gymnasium Wednesday night.

"Instead of looking forward to prom, I'm looking for an insurance policy to bury him," Wright said this afternoon.

"It hurt so bad," said Lawson's grandmother, Barbara VanHughs, 70, clutching a photo of Lawson and crying. "My baby."

Police say an argument broke out while players were in a handshake line after the game between Simeon Career Academy and Morgan Park High School. The dispute spilled into the parking lot near 95th Street and King Drive and someone pulled out a gun and shot Lawson around 9:30 p.m., officials said.

Lawson died from multiple gunshot wounds in a homicide, the Cook County medical examiner’s office determined this afternoon. Lawson was shot twice in the back while running away, said Kurtistein Bailey, his 41-year-old aunt. Amid the chaos, someone knelt down and told Lawson to get up but he couldn't move, his aunt said.

"This was at the school where his mom thought he was safe," Bailey said. "His mother thought he was safe there. That's why she let him go."

Lawson had sent a text message to this mother earlier in the day, asking if he could go to the game. "Mom, can I go to the basketball game? It's only $10," Lawson had asked, according to VanHughs.

"I texted him back 'K,' and he said 'light' because he always said 'light' instead of 'right,'" said Wright, 52.

Before she dropped him off at the game, Wright gave him $17 -- $10 for the game and $7 to spend -- and told him to "be careful."

His mother waited for him to call back or text her, she said.

A fight broke out at the end of the game, and video shows security getting players off the court. It was unclear what the fight was about. Nothing outside ordinary bumps and physical contact appeared to have happened during the game between the two schools, which are located on Vincennes Avenue about 30 blocks apart.

Around 8:30 p.m., Wright wanted to check on her son, but her 53-year-old fiance, Gregory Young, assured her Lawson was "all right." About an hour later, Wright learned from a relative that Lawson had been "hit twice in the back" and died, she said.

University police issued a message to its officers, asking them to watch for a Jeep. It was pulled over east of the school and two people were taken into custody, officials said. Police said they found a gun inside the Jeep.

The Jeep's owner told the Tribune this afternoon that she was not aware of any gun in the car. "I was not there," the owner said. "I don't know what happened."

Wright said she and Young were planning on telling Lawson today that they were getting married next week. Now, the two are tying the knot Feb. 26, Lawson's birthday.

CPS spokeswoman Marielle Sainvilus said the district worked with the university and Chicago police to provide security at the game.

Sainvilus said there was a significant security presence both inside and outside the gym, and there had been screening to prevent anyone from carrying guns into the game. All fans were also searched.

The university released a statement Thursday morning saying it was "deeply saddened by the tragic shooting death."

“(Chicago Public Schools) periodically uses the university’s athletic facility to provide a neutral setting for student sporting events. This is the first such incident to occur on the campus of Chicago State University where CPS students have played many times over the last three years," the statement said.

"Additional security is provided by the university and all external partners during high school sporting events. Arrests have been made and university officials are awaiting the outcome of a full investigation to learn details about the shooting incident.”

Relatives said Lawson was an honor student at Morgan Park and hoped to land a ComEd apprenticeship after graduation. They remembered him as "high-spirited" and "loved by all," a popular student with friends on the basketball team.

Bailey said Lawson loved animals, and took care of snakes, an iguana and turtles over the years. His aunt said he loved animals so much he gave up his bedroom for his 2-year-old dog, Midnight, and slept on a futon in another room.

VanHughs said she helped raise Lawson while his mother traveled for her job. Family members described the two as having a strong relationship.

"He was definitely a momma's boy," Bailey said. "They were very close and he was her only child."

CPS chief Barbara Byrd-Bennett ordered extra security personnel for the two high schools today. Crisis teams, including counselors, also have been deployed at Morgan Park.

CPS would not release any information about Lawson's education history or attendance at Chicago Public Schools.

Contributor Mike Helfgot and Tribune reporters Peter Nickeas, Rosemary Regina Sobol, Jeremy Gorner and Liam Ford contributed to this story.

chicagobreaking@tribune.com
Twitter: @chicagobreaking

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Thirty hostages reported killed in Algeria assault

ALGIERS (Reuters) - Thirty hostages and at least 11 Islamist militants were killed on Thursday when Algerian forces stormed a desert gas plant in a bid to free many dozens of Western and local captives, an Algerian security source said.

Details remained scant - including for Western governments, some of which did little to disguise irritation at being kept in the dark by Algeria before the raid and its bloody outcome.

Two Japanese, two Britons and a French national were among at least seven foreigners killed, the source told Reuters. Eight of the dead hostages were Algerian. The nationalities of the rest, as well as of perhaps dozens more who escaped, were unclear.

Americans, Norwegians, Romanians and an Austrian have also been mentioned by their governments as having been captured.

Underlining the view of African and Western leaders that they face a multinational, al Qaeda-linked insurgency across the Sahara - a conflict that prompted France to send troops to neighboring Mali last week - the official source said only two of the 11 dead militants were Algerian, including their leader.

After an operation that appeared to go on for some eight hours, after Algeria refused the kidnappers' demand to leave the country with their hostages, the bodies of three Egyptians, two Tunisians, two Libyans, a Malian and a Frenchman were found.

So too was that of Taher Ben Cheneb, an Algerian whom the security official described as a prominent jihadist commander in the Sahara.

The gunmen who seized the important gas facility deep in the desert before dawn on Wednesday had been demanding France halt its week-old offensive against Islamist rebels in Mali.

French President Francois Hollande said the hostage drama, which has raised fears of further militant attacks, showed that he was right to send more than 1,000 French troops to Mali to back up a West African force in support of Mali's government.

A Algerian government spokesman, who confirmed only that an unspecified number of hostages had died, said the tough response to a "diehard" attitude by the militants showed that, as during its bloody civil war against Islamists in the 1990s, Algiers would not negotiate or stand for "blackmail" from "terrorists".

SECURITY IN QUESTION

The apparent ease with which the fighters swooped in from the dunes to take control of an important energy facility, which produces some 10 percent of the natural gas on which Algeria depends for its export income, has raised questions, however, over the reliability of what was thought to be strong security.

Foreign companies said they were pulling non-essential staff out of the country, which has only in recent years begun to seem stable after a decade of blood-letting.

"The embarrassment for the government is great," said Azzedine Layachi, an Algerian political scientist at New York's St John's University. "The heart of Algeria's economy is in the south. where the oil and gas fields are. For this group to have attacked there, in spite of tremendous security, is remarkable."

Algiers, whose leaders have long had frosty relations with the former colonial power France and other Western countries, may also have some explaining to do over its tactics in putting an end to a hostage crisis whose scale was comparable to few in recent decades bar those involving Chechen militants in Russia.

Communication Minister Mohamed Said sounded unapologetic, however. "When the terrorist group insisted on leaving the facility, taking the foreign hostages with them to neighboring states, the order was issued to special units to attack the position where the terrorists were entrenched," he told state news agency APS, which said some 600 local workers were freed.

A local source told Reuters six foreign hostages had been killed along with eight of their captors when troops fired on a vehicle being used by the gunmen at the Tigantourine plant.

The standoff began when gunmen calling themselves the Battalion of Blood stormed the facility early on Wednesday morning. They said they were holding 41 foreigners.

In a rare eyewitness account of Wednesday's raid, a local man who had escaped from the facility told Reuters the militants appeared to have inside knowledge of the layout of the complex and used the language of radical Islam.

"The terrorists told us at the very start that they would not hurt Muslims but were only interested in the Christians and infidels," Abdelkader, 53, said by telephone from his home in the nearby town of In Amenas. "'We will kill them,' they said."

Mauritanian agency ANI and Qatar-based Al Jazeera said earlier that 34 captives and 15 militants had been killed when government forces fired at a vehicle from helicopters.

BAD NEWS EXPECTED

British Prime Minister David Cameron said people should prepare for bad news about the hostages. He earlier called his Algerian counterpart to express his concern at what he called a "very grave and serious" situation, his spokesman said.

"The Algerians are aware that we would have preferred to have been consulted in advance," the spokesman added.

Norwegian Prime Minister Jens Stoltenberg said he had been told by his Algerian counterpart that the action had started at around noon. He said they had tried to find a solution through the night, but that it had not worked.

"The Algerian prime minister said they felt they had no choice but to go in now," he said.

The incident dramatically raises the stakes in the French military campaign in neighboring Mali, where hundreds of French paratroopers and marines are launching a ground offensive against Islamist rebels after air strikes began last week.

"What is happening in Algeria justifies all the more the decision I made in the name of France to intervene in Mali in line with the U.N. charter," Hollande said, adding that things seemed to have taken a "dramatic" turn.

He said earlier that an unspecified number of French nationals were among the hostages. A French national was also among the hostage takers, a local source told Reuters. A large number of people from the former French colony live in France.

Algerian Interior Minister Daho Ould Kablia said the kidnappers were loyal to Mokhtar Belmokhtar, a veteran Islamist guerrilla who fought in Afghanistan and set up his own group in the Sahara after falling out with other local al Qaeda leaders.

A holy warrior-cum-smuggler dubbed "The Uncatchable" by French intelligence and "Mister Marlboro" by some locals for his illicit cigarette-running business, Belmokhtar's links to those who seized towns across northern Mali last year are unclear.

Britain said one of its citizens was killed in the initial storming on Wednesday and "a number" of others were held.

The militants had said seven Americans were among their hostages. The White House said it believed Americans were among those held but U.S. officials could not confirm the number.

"This is an ongoing situation and we are seeking clarity," White House spokesman Jay Carney told reporters.

FOREIGN FIRMS

Norway's Statoil, which runs the plant with BP of Britain and Algeria's state energy company, said it had no word on nine of its Norwegian staff who had been held, but that three Algerian employees were now free.

BP said some of its staff were being held but would not say how many or their nationalities.

Japanese media said five workers from Japanese engineering firm JGC Corp. were held, a number the company did not confirm. The Irish government said one Irish hostage was freed.

Hollande has received public backing from Western and African allies who fear that al Qaeda, flush with men and arms from the defeated forces of Libya's Muammar Gaddafi, is building a desert haven in Mali, a poor country helpless to combat fighters who seized its northern oasis towns last year.

However, there is also some concern in Washington and other capitals that the French action in Mali could provoke a backlash worse than the initial threat by militants in the remote Sahara.

The militants, communicating through established contacts with media in neighboring Mauritania, said on Wednesday they had dozens of men armed with mortars and anti-aircraft missiles in the compound and had rigged it with explosives.

They condemned Algeria's secularist government for letting French warplanes fly over its territory to Mali and shutting its border to Malian refugees.

The attack in Algeria did not stop France from pressing on with its campaign in Mali. It said on Thursday it now had 1,400 troops on the ground there, and combat was under way against the rebels that it first began targeting from the air last week.

The French action last week came as a surprise but received widespread public international support. Neighboring African countries planning to provide ground troops for a U.N. force by September have said they will move faster to deploy them.

Nigeria, the strongest regional power, sent 162 soldiers on Thursday, the first of an anticipated 906.

A day after launching the campaign in Mali, Hollande also ordered a commando raid in Somalia on Saturday, which failed to free a French hostage held by al Qaeda-linked al Shabaab militants since 2009. Al Shabaab said on Thursday it had executed the hostage, Denis Allex. France said it believed he had died in the raid.

(Additional reporting by Ali Abdelatti in Cairo, Gwladys Fouche in Oslo, Mohammed Abbas in London and Padraic Halpin in Dublin; Writing by Peter Graff, Giles Elgood, Philippa Fletcher and Alastair Macdonald; Editing by Kevin Liffey)

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S&P 500 ends flat as bank profits temper growth concerns

NEW YORK (Reuters) - The S&P 500 ended nearly flat on Wednesday as solid earnings from two major banks and a bounceback in Apple shares offset concerns about a lower forecast for global growth in 2013.

Shares of Goldman Sachs hit their highest since May 2011 as earnings nearly tripled on increased revenue from dealmaking and lower compensation expenses. JPMorgan Chase said fourth-quarter net income jumped 53 percent and earnings for 2012 set a record.

JPMorgan shares rose 1 percent to $46.82, while Goldman climbed 4.1 percent to $141.09.

They were among the first big banks to report results and helped to lift estimates for S&P 500 corporate earnings slightly, to a 2.2 percent gain, Thomson Reuters data showed.

"Pretty solid numbers from both JPMorgan and Goldman Sachs are putting a lot of momentum behind the financials, with a lot more names to report this week. But I think that's helping to put a better bid to the market overall," said Michael James, senior trader at Wedbush Morgan in Los Angeles.

Apple rebounded after three days of losses, helping the Nasdaq outperform the S&P 500 and Dow. Apple rose 4.2 percent to $506.09. It closed below $500 on Tuesday for the first time since February.

"There could not have been more negativity around Apple going into today. So was it due for an oversold bounce on a trading basis? Absolutely," James said.

A slow economic recovery in developed nations is holding back the global economy, the World Bank said on Tuesday, as it sharply scaled back its forecast for world growth in 2013 to 2.4 percent from an earlier forecast of 3.0 percent.

The Dow Jones industrial average <.dji> was down 23.66 points, or 0.17 percent, at 13,511.23. The Standard & Poor's 500 Index <.spx> was up 0.29 points, or 0.02 percent, at 1,472.63. The Nasdaq Composite Index <.ixic> was up 6.77 points, or 0.22 percent, at 3,117.54.

The biggest drag on the Dow was Boeing , whose shares fell 3.4 percent to $74.34 on concerns about its new Dreamliner passenger jets. Japan's two leading airlines grounded their fleets of 787s after an emergency landing, adding to safety concerns triggered by a series of recent incidents.

After the bell, shares of eBay were trading up 0.7 at $53.28, reversing an initial decline following the release of its results. Also after the close, shares of CBS rose 8.3 percent to $41.10 after it said it will convert its Outdoor Americas division into a real estate investment trust. [ID:nL4N0AL98X]

Earlier in the day, U.S. economic data showed consumer prices were flat in December, pointing to muted inflation pressures that should give the Federal Reserve room to prop up the economy by staying on its ultra-easy monetary policy path.

Other data showed U.S. homebuilder confidence in the market for single family homes held steady near seven year highs in January, suggesting the outlook for the housing market remained upbeat.

Volume was roughly 5.6 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Decliners outpaced advancers on the NYSE by nearly 8 to 7 and on the Nasdaq by almost 7 to 5.

(Additional reporting by Chuck Mikolajczak; Editing by Nick Zieminski and Kenneth Barry)

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Story of Te'o girlfriend death apparently a hoax

SOUTH BEND, Ind. (AP) — A story about Manti Te'o's girlfriend dying of leukemia, which the Notre Dame All-American credited with inspiring him as he led the Fighting Irish to the BCS title game, turned out to be a hoax apparently perpetrated against the linebacker, the school said Wednesday.

The university issued a news release Wednesday after Deadspin.com reported it could find no record that Lennay Kekua ever existed.

The university said that Notre Dame coaches were informed by Te'o and his parents on Dec. 26 that Te'o had been the victim of what appeared to be a hoax. Someone using a fictitious name "apparently ingratiated herself with Manti and then conspired with others to lead him to believe she had tragically died of leukemia," the school said.

The university said "the proper authorities" are investigating a "very cruel deception to entertain its perpetrators." Notre Dame would not say who, specifically, was investigating the case.

The week before Notre Dame played Michigan State on Sept. 15, coach Brian Kelly told reporters that Te'o's grandmother and a friend had died. Te'o didn't miss the game. He said Kekua had told him not to miss a game if she died. Te'o turned in one of his best performances of the season in the 20-3 victory in East Lansing, and his playing through heartache became a prominent theme during the Irish's undefeated regular season.

Te'o went on the become a Heisman Trophy finalist, finishing second in the voting, and leading Notre Dame to its first appearance in the BCS championship.

Te'o and the Irish lost the title game to Alabama, 42-14 on Jan. 7. He has graduated and was set to begin preparing for the NFL combine and draft at the IMG Academy in Bradenton, Fla., this week.

Four days ago Te'o posted on his Twitter account: "Can't wait to start training with the guys! Workin to be the best! The grind continues! (hash)Future"

Te'o's mother did not immediately return a call seeking comment.

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Balloon-like dwelling to be tested on Int’l Space Station

LAS VEGAS (Reuters) – A low-cost space dwelling that inflates like a balloon in orbit will be tested aboard the International Space Station, opening the door for commercial leases of future free-flying outposts and deep-space astronaut habitats for NASA.

The Bigelow Expandable Activity Module, nicknamed BEAM, will be the third orbital prototype developed and flown by privately owned Bigelow Aerospace.

The Las Vegas-based company, founded in 1999 by Budget Suites of America hotel chain owner Robert Bigelow, currently operates two small unmanned experimental habitats called Genesis 1, launched in 2006, and Genesis 2, which followed a year later.

BEAM, about 13 feet long and 10.5 feet in diameter when inflated, is scheduled for launch in mid-2015 aboard a Space Exploration Technologies‘ Dragon cargo ship, said Mike Gold, director of operations for Bigelow Aerospace.

“It will be the first expandable habitat module ever constructed for human occupancy,” Gold said.

A successful test flight on the space station would be a stepping stone for planned Bigelow-staffed orbiting outposts that the company plans to lease to research organizations, businesses and wealthy individuals wishing to vacation in orbit.

Bigelow has invested about $ 250 million in inflatable habitation modules so far. It has preliminary agreements with seven non-U.S. space and research agencies in the United Kingdom, the Netherlands, Australia, Singapore, Japan, Sweden and the United Arab Emirates.

“The value to me personally and to our company is doing a project with NASA,” Robert Bigelow said. “This is our first opportunity to do that. We do have other ambitions.”

NASA, which will pay Bigelow Aerospace $ 17.8 million for the BEAM habitat, also is interested in the technology to house crew during future expeditions beyond the space station, a $ 100 billion research complex that flies about 250 miles above Earth.

“Whether you’re going to the surface of the moon or even Mars, the benefits of expandable habitats are critical for any exploration mission,” Gold said.

The lightweight, soft-skinned inflatable, made of materials similar to Kevlar, has several advantages over traditional metallic space dwellings. BEAM, for example, weighs about 3,000 pounds (1,361 kg), less than a third of traditional, similarly sized space modules, so it can be launched for a fraction of the cost.

RADIATION EVENTS

It also offers a potentially safer radiation environment than metal structures, which can produce body-piercing secondary heavy particles during solar storms and other cosmic radiation events.

The U.S. space agency studied inflatable space habitats for humans in the 1990s under a NASA program called TransHab. The tests included blasting a model structure with bullet-like projectiles to see how well it would withstand micro meteoroid and orbital debris hits. The material proved space-worthy, though budget and political issues prompted the project’s cancellation in 2000.

Bigelow later licensed the technology from NASA and spent millions of dollars more to develop it.

“It’s one of our classical roles to advance technology so the private sector can utilize it. In this case, we’re going to be able to benefit from it again,” said NASA deputy administrator Lori Garver.

BEAM will be attached to the station’s Tranquility connecting node and inflated with pressurized air to form a rigid, cylinder-shaped, balloon-like dwelling.

Garver said there are no firm plans for what the station’s six live-aboard crew members will do with their spare room.

Initially, NASA and Bigelow are interested in getting information about how the structure withstands radiation and maintains a stable temperature in orbit, and also whether the fabric mildews or becomes a place where contaminants in the station’s air collects.

Beyond the test flight, Bigelow’s commercial business is dependent on the development of space taxis to fly company personnel and guests into orbit. NASA likewise is looking to the private sector to fly its astronauts to and from the space station, a service now solely provided by Russia at a cost of more than $ 60 million per person.

NASA is investing in three companies – Boeing Co, Space Exploration Technologies, also known as SpaceX, and Sierra Nevada Corp – in hopes of having at least one space transportation system ready to fly before the end of 2017. The space station, a project of 15 nations, currently is funded through 2020.

Bigelow has agreements with Boeing and SpaceX for launch services, if and when they become available. SpaceX plans a test launch with company astronauts before the end of 2015, and Boeing’s first piloted flight is pegged for 2016.

(Editing by Tom Brown, Dan Grebler, Kevin Gray and David Gregorio)

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Gruesome toll of cluster bombs in Syria

STORY HIGHLIGHTS

• Human Rights Watch says cluster bombs were used on Syrian town of Latamneh


• Cluster bombs release dozens of smaller bombs, which can maim or kill long after impact


• Syrian regime has previously denied cluster bombs on civilians

Editor's note: Mary Wareham is the Arms Division's Advocacy Director for Human Rights Watch and chief editor of 'Cluster Munition Monitor 2012.'

(CNN) -- It was cloudy the afternoon of January 3 when residents say the cluster bombs fell on the Syrian town of Latamneh.

Three rockets containing the cluster munitions fell in nearby fields, apparently doing no harm, but a fourth landed on the street between residential buildings. Its impact was devastating.

One man was driving down the street when submunitions from the rockets exploded, killing him instantly, residents said. Fifteen civilians walking down the street or in their homes were wounded, including women and children, according to two residents and video evidence. Residents said that an hour after the attack, a submunition that had failed to detonate on impact killed a man who tried to remove it from his yard. It exploded in his hands.

Mary Wareham

Since mid-2012, Human Rights Watch and others have reported several times on civilian casualties caused by Syrian use of air-dropped cluster bombs, but Latamneh and other recent attacks are the first known instances of Syrian use of ground-based cluster munitions. The rockets were apparently launched from the vicinity of nearby Hama airport, which is under government control.

Evidence we have seen suggests that Syrian government forces delivered the 122mm cluster munition rockets containing submunitions using a BM-21 Grad multi-barrel rocket launcher, a truck-mounted system capable of firing 40 rockets nearly simultaneously with a range of 4 to 40 kilometers (2.5 to 25 miles). Grad rocket launchers are notorious for their inability to be accurately targeted due to their lack of a guidance system. This exacerbates the danger from the wide-area effect of the submunitions the rockets contain.

More: Syrian regime denies use of cluster bombs

Many countries, including Lebanon and Cambodia, have experienced civilian casualties from similar types of submunitions, both at the time of attack and from submunitions that didn't explode on initial impact. Each submunition is the size of a D-cell battery with a distinctive white ribbon, and the design of their fuze system makes each one very sensitive and liable to detonate if disturbed.

After years of civilian harm caused by cluster munitions, Israel's massive use of the weapons in southern Lebanon in 2006 helped propel governments into action. Working with civil society groups such as Human Rights Watch and international organizations, a broad-based coalition of like-minded governments sought to do something to reduce the unacceptable harm caused by cluster munitions.

The resulting Convention on Cluster Munitions, adopted May 30, 2008, comprehensively prohibits cluster munitions and requires their clearance and assistance to victims. A total of 111 nations, including many former users, producers, and stockpilers of the weapon, as well as countries contaminated by cluster munition remnants, have embraced the ban convention.

Yet there has been limited interest in the Middle East and North Africa regions, where just three countries—Iraq, Lebanon, and Tunisia—are onboard the treaty banning cluster bombs. Some nations, such as Jordan, say they need more time to study the convention's provisions, while others including Egypt, Iran, and Israel have produced, imported, exported, and stockpiled cluster munitions.

The 122mm cluster munition rockets used by Syria bear the markings of the Egyptian state-owned Arab Organization for Industrialization and an Egyptian company called Sakr Factory for Development Industries. Syria could have bought these cluster munitions from Egypt, received them through military cooperation, or acquired them another way. With no transparency, it is impossible to say how or when they were made or transferred, though it is likely Syria acquired them long ago.

Syria's relentless use of cluster munitions, including in populated areas, is yet another sign of its blatant disregard for international law and the protection of its own civilians. Syria's use of cluster munitions runs counter to the new international standard being created by the Convention on Cluster Munitions, rejecting any use of the weapons.

The preventive impact of the convention and the standard it is establishing can already be seen as countries that have joined the ban rapidly destroy their stockpiles of cluster munitions.

In Syria, every time the government has used cluster munitions and other explosive weapons, a lethal legacy of unexploded ordnance is created. Given the terrible humanitarian impact, all governments, regardless of their position on joining the ban convention, should press Syria to stop using cluster munitions.

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FAA grounds all Dreamliners

The U.S. Federal Aviation Administration said on Wednesday it would temporarily ground Boeing Co.'s 787s after a second incident involving battery failures caused one of the Dreamliner passenger jets to make an emergency landing in Japan.

The FAA said airlines would have to demonstrate that the lithium ion batteries involved were safe before they could resume flying Boeing's newest commercial airliner, but gave no details on when that could occur.

Boeing could not be immediately reached for comment.

All Nippon Airways Co. said instruments aboard a domestic flight indicated a battery error, triggering emergency warnings. The incident was described by a transport ministry official as "highly serious" - language used in international safety circles as indicating there could have been an accident.

Boeing shares fell 2 percent in after-hours trading to $72.80 after the FAA announcement.

The 787, which has a list price of $207 million, represents a leap in the way planes are designed and built, but the project has been plagued by cost overruns and years of delays. Some have suggested Boeing's rush to get planes built after those delays resulted in the recent problems, a charge the company denies.

The use of new battery technology is among the cost-saving features of the 787, which Boeing says burns 20 percent less fuel than rival jetliners using older technology.

Lithium-ion batteries can catch fire if they are overcharged and, once alight, they are difficult to put out as the chemicals produce oxygen, Boeing's chief engineer for the 787, Mike Sinnett, told reporters last week. He said lithium-ion was not the only battery choice, but "it was the right choice."

In Asia, only the Japanese and Air India have the Dreamliner in service, but other airlines are among those globally to have ordered around 850 of the new aircraft.

Boeing has said it will at least break even on the cost of building the 1,100 new 787s it expects to deliver over the next decade. Some analysts, however, say Boeing may never make money from the aircraft, given its enormous development cost.

Any additional cost from fixing problems discovered by the string of recent incidents would affect those forecasts and could hit Boeing's bottom line more quickly if it has to stop delivering planes, analysts said.

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Sahara Islamists take hostages, spreading Mali war

ALGIERS/BAMAKO (Reuters) - Islamist fighters seized dozens of Western and Algerian hostages in a dawn raid on a natural gas facility deep in the Sahara on Wednesday and demanded France halt a new offensive against rebels in neighboring Mali.

Three people, among them one British and one French, were reported killed, but details were sketchy and numbers of those held at Tigantourine ranged from 41 foreigners - including perhaps seven Americans as well as Japanese and Europeans - to over 100 local staff, held separately and less closely watched.

What is clear is that with a dramatic counterpunch to this week's French build-up in Mali, the region's loosely allied, al Qaeda-inspired radicals have set Paris a daunting dilemma and spread fallout from Mali's hitherto obscure civil war far beyond northwest Africa, challenging Washington as well as Europeans and shutting down a major gas field that pumps energy to Europe.

The attack, which Algeria said was led by a veteran, Afghan-trained holy warrior-cum-smuggler dubbed "The Uncatchable" by French intelligence, came just as French ground troops in Mali launched their first assault after six days of air strikes.

The United States, which like European powers endorsed France's decision to intervene last week against Islamists who have seized vast tracts of northern Mali, confirmed Americans were among the hostages and said it would work to "secure" them.

Western and African governments have been alarmed by a flow of weapons and fighters across the unmarked Sahara borders following the end of Libya's civil war in 2011 and fear that Mali, where Islamists drive the national army from the north nine months ago, could become an Afghan-style al Qaeda haven.

The militants, who said they had dozens of fighters in the gas field, issued no explicit threat but made clear to media in neighboring Mauritania the hostages' lives were at risk.

"We hold the Algerian government and the French government and the countries of the hostages fully responsible if our demands are not met and it is up to them to stop the brutal aggression against our people in Mali," read one statement from the group, which called itself the "Battalion of Blood".

In other comments carried by the Mauritanian news agency ANI, the group said its fighters had rigged explosives around the site and any attempt to free the hostages would lead to a "tragic end". The unusually large numbers of gunmen and hostages involved pose serious problems for any rescue operation.

After dark, ANI quoted a militant source saying fighters had repelled a raid by Algerian troops. He added that the hostage-takers' weaponry included mortars and anti-aircraft missiles.

AMERICANS

The militants said seven Americans were among the 41 foreign hostages - a figure U.S. officials said they could not confirm.

Norwegian energy company Statoil, which operates the gas field in a joint venture with Britain's BP and the Algerian state company Sonatrach, said nine of its Norwegian employees and three of its Algerian staff were being held.

Also reported kidnapped by various sources were five Japanese working for the engineering firm JGC Corp, a French national, an Austrian, an Irishman and a number of Britons.

The Algerian government, which fought a bloody civil war against Islamists in the 1990s, said it would not negotiate.

French media said the militants were also demanding that Algeria release dozens of Islamist prisoners from its jails.

Defense Secretary Leon Panetta said: "I want to assure the American people that the United States will take all necessary and proper steps that are required to deal with this situation."

He said he lacked firm information on whether there were links to the situation in Mali. Analysts pointed to shifting alliances and rivalries among Islamists in the region to suggest the hostage-takers may have a range of motives.

In their own statements, they condemned Algeria's secularist government for "betraying" its predecessors in the bloody anti-colonial war against French rule half a century ago by letting French warplanes fly over its territory to Mali. They also accused Algeria of shutting its border to Malian refugees.

Algerian Interior Minister Daho Ould Kablia told the state news agency APS there were about 20 hostage-takers led by Mokhtar Belmokhtar, an Algerian who fought against Soviet forces in Afghanistan in the 1980s and set up his own group in the Sahara recently after falling out with other al Qaeda leaders.

Some of those held at the facility, near the small town of In Amenas, close to the Libyan border and about 1,300 km (800 miles) inland, had sporadic contact with the outside world.

The head of a French catering company said he had information from a manager who supervised some 150 Algerian employees at the site. Regis Arnoux of CIS Catering told France's BFM television the local staff were being prevented from leaving but were otherwise free to move around inside and keep on working.

"The Westerners are kept in a separate wing of the base," Arnoux said. "They are tied up and are being filmed. Electricity is cut off, and mobile phones have no charge.

"Direct action seems very difficult ... Algerian officials have told the French authorities as well as BP that they have the situation under control and do not need their assistance."

MALI OFFENSIVE

Just days after a bold deployment of French troops to Mali, another former colony, that had largely silenced critics questioning his leadership after eight months in office, French President Francois Hollande faced a possible further escalation of the conflict, with Western targets at risk across Africa.

He has called for international support against insurgents who France says pose a threat to Africa and the West, and admits it faces a long struggle against well-equipped fighters who seized Timbuktu and other oasis towns in northern Mali and have imposed Islamic law, including public amputation and beheading.

Islamists have warned Hollande that he has "opened the gates of hell" for all French citizens.

French army chief Edouard Guillaud said ground forces were stepping up their operation to engage directly "within hours" the alliance of Islamist fighters, grouping al Qaeda's North African wing AQIM and Mali's home grown Ansar Dine and MUJWA.

Residents said a column of some 30 French Sagaie armored vehicles has set off toward rebel positions from the town of Niono, 300 km (190 miles) from the capital Bamako.

A Malian military source said French special forces units were taking part in the operation. Guillaud said France's strikes, involving Rafale and Mirage jet fighters, were being hampered because militants were sheltering among civilians.

Many inhabitants of northern Mali have welcomed the French attacks though some also fear being caught in the cross-fire.

Defense Minister Jean-Yves Le Drian acknowledged that France faced a hard slog, particularly in western Mali where AQIM's mostly foreign fighters have camps: "It's tough. We were aware from the beginning it would be a very difficult operation."

Hollande said on Tuesday that French forces would remain in Mali until stability returned to the West African nation. Hollande said France hoped, however, to hand over to African forces in its former colony, "in the coming days or weeks".

West African military chiefs met for a second day in Bamako to hammer out details of a U.N.-mandated deployment that had been expected to start only in September but was suddenly kick-started by French intervention. They said their aim was to send in the first units of a 2,000-man emergency force on Thursday.

Hollande's intervention in Mali brings risks for eight French hostages held by AQIM in the Sahara as well as the 30,000 French citizens living across West Africa. A French helicopter pilot was killed on Friday, France's only combat death so far.

The conflict in Mali, a landlocked state of 15 million twice the size of France, has displaced an estimated 30,000 people and raised concerns across mostly Muslim West Africa of a radicalization of Islam in the region.

"There is a great hope," one man said from Timbuktu, where he said Islamist fighters were trying to blend into civilian neighborhoods. "We hope that the city will be freed soon."

(Additional reporting by Pascal Fletcher and Andrew Callus in London, Balazs Koranyi in Oslo, Laurent Prieur in Nouakchott, Daniel Flynn in Dakar, John Irish, Catherine Bremer and Nick Vinocur in Paris, David Alexander in Rome and Andrew Quinn in Washington; Writing by Alastair Macdonald; Editing by Kevin Liffey)

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