Labor Relations Board Rulings Could Be Undone



By ruling that Mr. Obama’s three recess appointments last January were illegal, the federal appeals court ruling, if upheld, would leave the board with just one member, short of the quorum needed to issue any rulings. The Obama administration could appeal the court ruling, but no announcement was made on Friday.


If the Supreme Court were to uphold Friday’s ruling, issued by the United States Court of Appeals for the District of Columbia Circuit, it would mean that the labor board did not have a quorum since last January and that all its rulings since then should be nullified.


Many Republicans and business groups applauded Friday’s ruling. They often assert that the appointments Mr. Obama made to the board have transformed it into a tool of organized labor. But many Democrats and labor unions say Mr. Obama’s appointments restored ideological balance to the board after it was tipped in favor of business interests under President George W. Bush


Mark G. Pearce, the board’s chairman, issued a statement saying the board disagreed with the ruling and suggested that other appeals courts hearing cases about the constitutionality of Mr. Obama’s appointments could reach a different conclusion.


“In the meantime, the board has important work to do,” said Mr. Pearce, whose agency oversees enforcement of the laws governing strikes and unionization drives. “We will continue to perform our statutory duties and issue decisions.”


Unless the Senate confirms future nominees to the board — Senate Republicans have blocked several of Mr. Obama’s board nominees — Mr. Pearce will be the only member left if Friday’s ruling is upheld. The board has five seats.


Representative Darrell Issa, a California Republican who is the chairman of the Oversight and Government Reform Committee, issued a statement that urged the recess appointees to “do the right thing and step down.” He added, “To avoid further damage to the economy, the N.L.R.B. must take the responsible course and cease issuing any further opinions until a constitutionally sound quorum can be established.”


The three disputed recess appointees included two Democrats, Sharon Block, deputy labor secretary, and Richard Griffin, general counsel to the operating engineers’ union; and one Republican, Terence Flynn, a counsel to a board member. Mr. Flynn resigned last May after being accused of leaking materials about the group’s deliberations. Another Republican member, Brian Hayes, stepped down when his term expired last month.


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40 Years After Roe v. Wade, Thousands March to Oppose Abortion


Drew Angerer/The New York Times


Pro-life activists made their way down Constitution Avenue toward the Supreme Court during the March for Life in Washington on Friday.







WASHINGTON — Three days after the 40th anniversary of the decision in Roe v. Wade, the landmark Supreme Court case that legalized abortion, tens of thousands of abortion opponents from around the country came to the National Mall on Friday for the annual March for Life rally, which culminated in a demonstration in front of the Supreme Court building.




On a gray morning when the temperature was well below freezing, the crowd pressed in close against the stage to hear more than a dozen speakers, who included Tony Perkins, the president of the Family Research Council; Representative Diane Black, Republican of Tennessee, who recently introduced legislation to withhold financing from Planned Parenthood, and Senator Rand Paul, Republican of Kentucky; Cardinal Seán Patrick O’Malley of Boston; and Rick Santorum, the former senator from Pennsylvania and Republican presidential candidate.


Mr. Santorum spoke of his wife’s decision not to have an abortion after they learned that their child — their daughter Bella, now 4 — had a rare genetic disorder called Trisomy 18.


“We all know that death is never better, never better,” Mr. Santorum said. “Bella is better for us, and we are better because of Bella.”


Jeanne Monahan, the president of the March for Life Education and Defense Fund, said that the march was both somber and hopeful.


“We’ve lost 55 million Americans to abortion,” she said. “At the same time, I think we’re starting to win. We’re winning in the court of public opinion, we’re winning in the states with legislation.”


Though the main event officially started at noon, the day began much earlier for the participants, with groups in matching scarves engaged in excited chatter on the subway and gaggles of schoolchildren wearing name tags around their necks. Arriving on the Mall, attendees were greeted with free signs (“Defund Planned Parenthood” and “Personhood for Everyone”) and a man barking into a megaphone, “Ireland is on the brink of legalizing abortion, which is not good.”


The march came two months after the 2012 campaign season, in which social issues like abortion largely took a back seat to the focus on the economy. But the issue did come up in Congressional races in which Republican candidates made controversial statements about rape or abortion. In Indiana, Richard E. Mourdock, a Republican candidate for the Senate, said in a debate that he believed that pregnancies resulting from rape were something that “God intended,” and in Illinois, Representative Joe Walsh said in a debate that abortion was never necessary to save the life of the mother because of “advances in science and technology.” Both men lost, hurt by a backlash from female voters.


Recent polls show that while a majority of Americans do not want Roe v. Wade to be overturned entirely, many favor some restrictions. In a Gallup poll released this week, 52 percent of those surveyed said that abortions should be legal only under certain circumstances, while 28 percent said they should be legal under all circumstances, and 18 percent said they should be illegal under all circumstances. In a Pew poll this month, 63 percent of respondents said they did not want Roe v. Wade to be overturned completely, and 29 percent said they did — views largely consistent with surveys taken over the past two decades.


“Most Americans want some restrictions on abortion,” Ms. Monahan said. “We see abortion as the human rights abuse of today.”


Speaker John A. Boehner of Ohio, who spoke via a recorded video, called on the protest group, particularly the young people, to make abortion “a relic of the past.”


“Human life is not an economic or political commodity, and no government on earth has the right to treat it that way,” he said.


The crowd was dotted with large banners, many bearing the names of the attendees’ home states and churches and colleges. Gary Storey, 36, stood holding a handmade sign that read “I was adopted. Thanks Mom for my life.” Next to him stood his adoptive mother, Ellen Storey, 66, who held her own handmade sign with a picture of her six children and the words “To the mothers of our four adopted children, ‘Thank You’ for their lives.”


Mr. Storey said he was grateful for the decision by his biological mother to carry through with her pregnancy. “Beats the alternative,” he joked.


Last week, the Planned Parenthood Federation of America started a new Web site, and on Tuesday, its president, Cecile Richards, released a statement supporting abortion rights.


“Planned Parenthood understands that abortion is a deeply personal and often complex decision for a woman to consider, if and when she needs it,” she said. “A woman should have accurate information about all of her options around her pregnancy. To protect her health and the health of her family, a woman must have access to safe, legal abortion without interference from politicians, as protected by the Supreme Court for the last 40 years.”


This article has been revised to reflect the following correction:

Correction: January 25, 2013

A summary that appeared on the home page of NYTimes.com with an earlier version of this article misstated the day of the march. It took place on Friday, not Thursday.



Read More..

40 Years After Roe v. Wade, Thousands March to Oppose Abortion


Drew Angerer/The New York Times


Pro-life activists made their way down Constitution Avenue toward the Supreme Court during the March for Life in Washington on Friday.







WASHINGTON — Three days after the 40th anniversary of the decision in Roe v. Wade, the landmark Supreme Court case that legalized abortion, tens of thousands of abortion opponents from around the country came to the National Mall on Friday for the annual March for Life rally, which culminated in a demonstration in front of the Supreme Court building.




On a gray morning when the temperature was well below freezing, the crowd pressed in close against the stage to hear more than a dozen speakers, who included Tony Perkins, the president of the Family Research Council; Representative Diane Black, Republican of Tennessee, who recently introduced legislation to withhold financing from Planned Parenthood, and Senator Rand Paul, Republican of Kentucky; Cardinal Seán Patrick O’Malley of Boston; and Rick Santorum, the former senator from Pennsylvania and Republican presidential candidate.


Mr. Santorum spoke of his wife’s decision not to have an abortion after they learned that their child — their daughter Bella, now 4 — had a rare genetic disorder called Trisomy 18.


“We all know that death is never better, never better,” Mr. Santorum said. “Bella is better for us, and we are better because of Bella.”


Jeanne Monahan, the president of the March for Life Education and Defense Fund, said that the march was both somber and hopeful.


“We’ve lost 55 million Americans to abortion,” she said. “At the same time, I think we’re starting to win. We’re winning in the court of public opinion, we’re winning in the states with legislation.”


Though the main event officially started at noon, the day began much earlier for the participants, with groups in matching scarves engaged in excited chatter on the subway and gaggles of schoolchildren wearing name tags around their necks. Arriving on the Mall, attendees were greeted with free signs (“Defund Planned Parenthood” and “Personhood for Everyone”) and a man barking into a megaphone, “Ireland is on the brink of legalizing abortion, which is not good.”


The march came two months after the 2012 campaign season, in which social issues like abortion largely took a back seat to the focus on the economy. But the issue did come up in Congressional races in which Republican candidates made controversial statements about rape or abortion. In Indiana, Richard E. Mourdock, a Republican candidate for the Senate, said in a debate that he believed that pregnancies resulting from rape were something that “God intended,” and in Illinois, Representative Joe Walsh said in a debate that abortion was never necessary to save the life of the mother because of “advances in science and technology.” Both men lost, hurt by a backlash from female voters.


Recent polls show that while a majority of Americans do not want Roe v. Wade to be overturned entirely, many favor some restrictions. In a Gallup poll released this week, 52 percent of those surveyed said that abortions should be legal only under certain circumstances, while 28 percent said they should be legal under all circumstances, and 18 percent said they should be illegal under all circumstances. In a Pew poll this month, 63 percent of respondents said they did not want Roe v. Wade to be overturned completely, and 29 percent said they did — views largely consistent with surveys taken over the past two decades.


“Most Americans want some restrictions on abortion,” Ms. Monahan said. “We see abortion as the human rights abuse of today.”


Speaker John A. Boehner of Ohio, who spoke via a recorded video, called on the protest group, particularly the young people, to make abortion “a relic of the past.”


“Human life is not an economic or political commodity, and no government on earth has the right to treat it that way,” he said.


The crowd was dotted with large banners, many bearing the names of the attendees’ home states and churches and colleges. Gary Storey, 36, stood holding a handmade sign that read “I was adopted. Thanks Mom for my life.” Next to him stood his adoptive mother, Ellen Storey, 66, who held her own handmade sign with a picture of her six children and the words “To the mothers of our four adopted children, ‘Thank You’ for their lives.”


Mr. Storey said he was grateful for the decision by his biological mother to carry through with her pregnancy. “Beats the alternative,” he joked.


Last week, the Planned Parenthood Federation of America started a new Web site, and on Tuesday, its president, Cecile Richards, released a statement supporting abortion rights.


“Planned Parenthood understands that abortion is a deeply personal and often complex decision for a woman to consider, if and when she needs it,” she said. “A woman should have accurate information about all of her options around her pregnancy. To protect her health and the health of her family, a woman must have access to safe, legal abortion without interference from politicians, as protected by the Supreme Court for the last 40 years.”


This article has been revised to reflect the following correction:

Correction: January 25, 2013

A summary that appeared on the home page of NYTimes.com with an earlier version of this article misstated the day of the march. It took place on Friday, not Thursday.



Read More..

Gadgetwise Blog: Is January the Time to Buy Electronics?

At the International Consumer Electronics Show in Las Vegas in early January, manufacturers tantalized consumers with new electronics soon to hit the shelves. But what does that do to the prices of current models that are being replaced? Is this a golden buying opportunity?

Yes and no. Yes for TVs, no for laptops. I’ll explain.

Decide.com, which tracks the price of electronics, studied what happened to the cost of TVs and laptops in past years after C.E.S.

What it found is that TV prices dip to near yearly lows after the show, matching holiday prices. With the average price of the top 250 TVs at $1,057, the post-show average is projected to drop an average of $211, to $846, based on data from previous  years. That is a 20 percent savings.

Laptops don’t drop so steeply. After the show, the 100 most popular laptops have historically been discounted 8 percent. This year that would mean the top 100 laptops, which average $780 in price, would be reduced $62, to $718.

Laptop price are lowest in late June through early July, right before the back to school sales, and during the last two weeks of September, after those sales, according to Decide.com’s data. At those times the discounts are typically 10 percent.

Of course, averages can be deceiving. Prices are volatile all year around, so a particular TV or computer you want could be discounted far more at any time.

There are a number of browser add-ons and apps that let you track prices of individual products, or you can use Decide.com – but it will cost you. Membership is $5 a month or $30 a year for full access.

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India Ink: Newswallah: Bharat Edition

Jammu and Kashmir: Indian Air Force choppers were deployed Wednesday to rescue the 150 people stranded in Kashmir’s Kishtwar district due to heavy snowfall in the region, according to a PTI report in Kashmir Live. Women and children were among those trapped in the affected areas.

Rajasthan: The Supreme Court on Thursday dismissed a plea from the Rajasthan government seeking to reinstate charges of rioting against the Bollywood actor Salman Khan and four other actors in the 15-year-old blackbuck hunting case, Daily News and Analysis reported. The actors have been accused of poaching two blackbucks in Jodhpur while shooting a film in 1999.

Maharashtra: On Thursday the Mumbai police announced that they would increase their patrols in isolated spots across the city in the wake of the gang rape of a 23-year-old girl in Delhi on a moving bus, an attack that led to her subsequent death, news channel IBN Live reported. The police had originally said on Jan. 14 that they would ask couples meeting in secluded places to leave, and if they did not comply they would be detained and asked to pay a penalty. The police were heavily criticized for that plan, and they amended a circular about their plans to say that they would increase patrols.

Jharkhand: President’s rule was imposed in Jharkhand after the elected Bharatiya Janata Party government was reduced to minority status when an ally, Jharkhand Mukti Morcha, withdrew support earlier this month, Deccan Herald reported.

Uttar Pradesh: The state government cabinet has approved the procurement of 1.5 million laptops from Hewlett-Packard, with the computers being distributed to students who passed class 12th in the year 2011-12, news channel NDTV reported citing PTI. The laptop distribution was one of the promises made by current chief minister, Akhilesh Yadav, during the runup to his election in 2012.

Tamil Nadu: Officials in the city of Chennai stopped the wedding of an underage girl on Wednesday in a rare government effort to curb the practice of child marriage, The Hindu reported. The paper notes that despite being outlawed, child marriages continue in many of the city’s slums.

Read More..

Stocks Push Higher


Stock climbed in New York on Friday, buoyed by rosy earnings from Procter & Gamble amid a backdrop of sturdy corporate results.


The Standard & Poor’s 500-stock index climbed 0.3 percent in early trading. The S.&P. 500 was poised for an eighth day of gains, its longest winning streak in eight years. The Dow Jones industrial average added 0.2 percent and the Nasdaq rose 0.6 percent.


The equity market was also bolstered by agreement in Washington to extend the government’s borrowing power through mid-May, encouraging signs of recovery in the global economy, solid corporate earnings and seasonal inflows into stocks.


Those factors helped the S.&P. 500 rally for a seventh day on Thursday to a five-year peak. Still, the index struggled to climb convincingly above 1,500 points, a level it surpassed briefly Thursday for the first time since December 2007.


“We are seeing a very broad-based rally, and the ingredients are still in place” for gains to continue, said Steve Goldman, principal at Goldman Management in Short Hills, N.J. “This is the liftoff phase and it’s still significant.”


Procter & Gamble, the world’s top household products maker, said quarterly profit soared past expectations and raised its sales and earnings outlook for the fiscal year. Shares were up 3.5 percent.


Pointing to a rotation out of bonds, 30-year Treasury bonds traded more than a point lower in price on Friday, with yields touching session highs at 3.10 percent.


“You have had more confidence from fund managers to provide more allocations to equity markets,” which looked more attractive than bonds or cash, said Rick Meckler, president of investment firm LibertyView Capital Management.


Recent company earnings have been encouraging. Thomson Reuters data through early Thursday showed that of the 133 S.&P. 500 companies that have reported earnings so far, 66.9 percent exceeded expectations, more than the 65 percent average over the last four quarters.


German business morale improved for a third consecutive month in January to its highest in more than half a year, but Britain’s economy shrank 0.3 percent at the end of 2012, pushing it perilously close to slipping into recession for a third time since 2008.


European stock markets were up moderately. The DAX in Germany gained 1.3 percent and the CAC 40 in France added 0.7 percent.


Read More..

The New Old Age Blog: Time to Recognize Mild Cognitive Disorder?

The Diagnostic and Statistical Manual of Mental Disorders, published and periodically updated by the American Psychiatric Association, is one of those documents few laypeople ever read, but many of us are affected by.

It can make it easier or harder to get an insurance company or Medicare to cover treatments, for example. It factors into a variety of legal and governmental decisions.

And on a personal basis, a psychiatric diagnosis may be welcome (having a name and a treatment plan for what’s bothering us can be comforting) or not (are we really suffering from a mental disorder if we seem depressed after a family member dies?).

That last question refers to a change in the new DSM5, to be published in May, that has generated considerable controversy and that I discussed in an earlier post: the removal of the “bereavement exclusion,” once part of the diagnosis of major depressive disorder.

Another element of the revised D.S.M. could also affect readers: It will include something called mild neurocognitive disorder. The task force revising the manual wanted to align psychiatry with the rest of medicine, which has already begun to distinguish between levels of impairment, said its chairman, Dr. David J. Kupfer, a University of Pittsburgh psychiatrist.

True enough, as we have reported before. Neurologists call it mild cognitive impairment, a stage where cognitive decline becomes noticeable enough to affect daily functioning, yet people can still live independently and have not progressed to dementia.

In fact, a large proportion of people with mild cognitive problems never will develop dementia — but doctors and researchers cannot yet determine who will and who won’t. Biomarkers that could identify the biological brain changes that presage dementia are still years away.

Will it be helpful, then, for health professionals using the DSM5 — most of them not psychiatrists, but primary care doctors — to begin diagnosing mild neurocognitive disorder? Particularly as there is no treatment that can reverse it or reliably slow its progression, if it would progress?

Dr. Ronald Petersen, director of the Mayo Clinic’s Alzheimer’s Disease Research Center and a member of the working group that developed the new DSM5 criteria, said he thought the newly recognized disorder would be useful. “The predementia phase is becoming increasingly important,” he told me in an interview.

Counseling could help people compensate for the memory loss and other deficits they are experiencing, for example. With a D.S.M.-recognized diagnosis, those approaches are more likely to be covered by insurers.

Besides, “one argument against Alzheimer’s therapies is that we wait too late, when there’s too much damage to the central nervous system to repair,” Dr. Petersen said, referring to several recent disappointing drug trials. In the future, with earlier diagnoses, “you may be able to intervene, stop the process and forestall the dementia.”

But as we have seen with screening tests for other diseases, early detection does not always lead to better health or longer lives. It can, however, lead to unnecessary treatments and procedures involving risks of their own. Could that happen with mild neurocognitive disorder?

“It will lead to wild overdiagnosis,” predicted Allen Frances, an emeritus professor of psychiatry at Duke and the chairman of the task force that developed the previous D.S.M. edition. Indeed, about a quarter of people initially diagnosed with mild cognitive impairment are later determined to be normal, a prominent researcher told my colleague Judith Graham last year.

“People will get unnecessary tests and start getting weird treatments that have no proven efficacy,” said Dr. Frances, who has criticized a number of DSM5 changes. “They’re going to worry like crazy about being demented.”

Dr. Petersen agreed that it was a legitimate concern, but “by and large, we’re becoming better at distinguishing between the normal cognitive effects of aging and disease.” (The American Psychiatric Association will publish a specialized D.S.M. for primary care physicians, Dr. Kupfer pointed out, to help guide them through diagnoses.)

It is hard for patients and families to know how to react when experts disagree. But keep in mind that contemporary health care aims for what is called shared decision-making. That means patients and professionals discuss options and weigh the risks and benefits of treatments and procedures, their likely outcomes, patients’ preferences, and come to agreement on how to proceed. This essay in the New England Journal of Medicine calls shared decision-making “the pinnacle of patient-centered care.”

So when Dr. Frances refers to the DSM5 as “a guide, not a bible,” and urges skepticism about some of its diagnoses, he is advocating an approach that patients and families should probably bring to any medical decision.

Seeking further information, asking questions, assessing options — those are reasonable responses if, a few weeks after a loved one’s death, a doctor says you may have major depression. Or if she thinks your memory loss could mean mild neurocognitive disorder.

“The shorter the evaluation, the less the person knows you, the less he or she can explain and justify the diagnosis, the more tests and treatments that will result, the more a person should be cautious and get a second opinion,” Dr. Frances said.

Whatever the DSM5 says, it’s hard to argue with that.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

Read More..

The New Old Age Blog: Time to Recognize Mild Cognitive Disorder?

The Diagnostic and Statistical Manual of Mental Disorders, published and periodically updated by the American Psychiatric Association, is one of those documents few laypeople ever read, but many of us are affected by.

It can make it easier or harder to get an insurance company or Medicare to cover treatments, for example. It factors into a variety of legal and governmental decisions.

And on a personal basis, a psychiatric diagnosis may be welcome (having a name and a treatment plan for what’s bothering us can be comforting) or not (are we really suffering from a mental disorder if we seem depressed after a family member dies?).

That last question refers to a change in the new DSM5, to be published in May, that has generated considerable controversy and that I discussed in an earlier post: the removal of the “bereavement exclusion,” once part of the diagnosis of major depressive disorder.

Another element of the revised D.S.M. could also affect readers: It will include something called mild neurocognitive disorder. The task force revising the manual wanted to align psychiatry with the rest of medicine, which has already begun to distinguish between levels of impairment, said its chairman, Dr. David J. Kupfer, a University of Pittsburgh psychiatrist.

True enough, as we have reported before. Neurologists call it mild cognitive impairment, a stage where cognitive decline becomes noticeable enough to affect daily functioning, yet people can still live independently and have not progressed to dementia.

In fact, a large proportion of people with mild cognitive problems never will develop dementia — but doctors and researchers cannot yet determine who will and who won’t. Biomarkers that could identify the biological brain changes that presage dementia are still years away.

Will it be helpful, then, for health professionals using the DSM5 — most of them not psychiatrists, but primary care doctors — to begin diagnosing mild neurocognitive disorder? Particularly as there is no treatment that can reverse it or reliably slow its progression, if it would progress?

Dr. Ronald Petersen, director of the Mayo Clinic’s Alzheimer’s Disease Research Center and a member of the working group that developed the new DSM5 criteria, said he thought the newly recognized disorder would be useful. “The predementia phase is becoming increasingly important,” he told me in an interview.

Counseling could help people compensate for the memory loss and other deficits they are experiencing, for example. With a D.S.M.-recognized diagnosis, those approaches are more likely to be covered by insurers.

Besides, “one argument against Alzheimer’s therapies is that we wait too late, when there’s too much damage to the central nervous system to repair,” Dr. Petersen said, referring to several recent disappointing drug trials. In the future, with earlier diagnoses, “you may be able to intervene, stop the process and forestall the dementia.”

But as we have seen with screening tests for other diseases, early detection does not always lead to better health or longer lives. It can, however, lead to unnecessary treatments and procedures involving risks of their own. Could that happen with mild neurocognitive disorder?

“It will lead to wild overdiagnosis,” predicted Allen Frances, an emeritus professor of psychiatry at Duke and the chairman of the task force that developed the previous D.S.M. edition. Indeed, about a quarter of people initially diagnosed with mild cognitive impairment are later determined to be normal, a prominent researcher told my colleague Judith Graham last year.

“People will get unnecessary tests and start getting weird treatments that have no proven efficacy,” said Dr. Frances, who has criticized a number of DSM5 changes. “They’re going to worry like crazy about being demented.”

Dr. Petersen agreed that it was a legitimate concern, but “by and large, we’re becoming better at distinguishing between the normal cognitive effects of aging and disease.” (The American Psychiatric Association will publish a specialized D.S.M. for primary care physicians, Dr. Kupfer pointed out, to help guide them through diagnoses.)

It is hard for patients and families to know how to react when experts disagree. But keep in mind that contemporary health care aims for what is called shared decision-making. That means patients and professionals discuss options and weigh the risks and benefits of treatments and procedures, their likely outcomes, patients’ preferences, and come to agreement on how to proceed. This essay in the New England Journal of Medicine calls shared decision-making “the pinnacle of patient-centered care.”

So when Dr. Frances refers to the DSM5 as “a guide, not a bible,” and urges skepticism about some of its diagnoses, he is advocating an approach that patients and families should probably bring to any medical decision.

Seeking further information, asking questions, assessing options — those are reasonable responses if, a few weeks after a loved one’s death, a doctor says you may have major depression. Or if she thinks your memory loss could mean mild neurocognitive disorder.

“The shorter the evaluation, the less the person knows you, the less he or she can explain and justify the diagnosis, the more tests and treatments that will result, the more a person should be cautious and get a second opinion,” Dr. Frances said.

Whatever the DSM5 says, it’s hard to argue with that.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

Read More..

Apple Labor Audits Uncover Underage Workers



SAN FRANCISCO — Apple stepped up audits of working conditions at major suppliers last year, discovering multiple cases of employment of underage workers, discrimination and wage problems.


The company, which relies heavily on Asia-based partners like Foxconn Technology Group of Taiwan to assemble its devices, said Thursday that it had conducted 393 audits, up 72 percent from 2011, reviewing sites where more than 1.5 million workers make its gadgets.


In recent years, Apple has faced accusations of building its profits on the backs of poorly treated and severely underpaid workers in China.


That criticism came to the fore around 2010, after reports of suicides at Foxconn drew attention to the long hours that migrant laborers frequently endured, often for a pittance in wages and in severely cramped living conditions.


Foxconn is the trading name of Hon Hai Precision Industry. The company employs 1.2 million workers across China.


Under Tim Cook, who took over as chief executive from Steve Jobs in 2011, Apple has taken steps to improve its record and increase transparency, with measures like the extensive audits of its sprawling supply chain. Last year, it agreed to separate audits by the independent Fair Labor Association.


In an interview Thursday, the senior vice president of operations at Apple, Jeff Williams, said the company had increased its efforts to solve two of the most challenging issues: ensuring there are no underage workers in its supply chain and limiting work time to 60 hours a week.


Apple is now investigating its smaller suppliers — which typically face less oversight on such issues — to bring them into compliance, sometimes even firing them.


“We go deep in the supply chain to find it,” Mr. Williams said. “And when we do find it, we ensure that the underage workers are taken care of, the suppliers are dealt with.”


In one case, Apple terminated its relationship with a component maker after discovering 74 cases in which underage workers were being employed. Apple also found that an employment agency had forged documents to allow children to work illegally at the supplier.


Apple reported both the supplier and the employment agency to the local authorities, the company said in its latest annual report on the conditions in its supply chain.


Read More..

IHT Rendezvous: France Is Sweet on 'Sugar Man'

A love story is developing between the French and Rodriguez, the Detroit-born musician who flopped in the 1970s, was a star without knowing it in apartheid South Africa and was rediscovered last summer in the United States when the documentary “Searching for Sugar Man” was released.

The film tells the extraordinary story of a talented and philosophical musician who spent his life working in construction while struggling to bring up his three daughters, and the mind-boggling mutual discoveries in 1997: for him, that he was more famous than the Rolling Stones in South Africa, and for South African fans (who believed him to be dead), that he was alive.

The Swedish-British film by Malik Bendjelloul which has made more than $3 million at the box office in the United States, has been nominated for an Academy Award in the documentary category. In France the now-70-year-old Rodriguez has created something of a frenzy: The soundtrack album is among Sony France’s top sales on iTunes. Sony had planned on putting fewer than 3,000 CDs in stores, but after calls from vendors who sensed something was up, made 15,000 copies available.

“It is an honor and a pleasure,” said Rodriguez in an e-mail message last week from Detroit about his popularity in France. “I’ve been to France a couple of times now. It feels like I’m on top of the world.”

The French public has had a tradition of adopting American artists that it considers underappreciated in the United States, from Josephine Baker to Woody Allen, from Paul Auster to Ben Harper. Le Figaro newspaper recently dubbed Rodriguez the “unloved” singer.

David Nivesse, from ARP Selection, the film’s French distributor, and Christophe Servel Molvaer, project manager for Sony Music Legacy, France, say that it all started last November when Rodriguez came to Paris for a private concert following a preview of the documentary.

“He played for half an hour and you could hear a pin drop. There were 600 people in the room and he got a standing ovation,” Mr. Servel Molvaer recalled. “I had never heard of him before. But from the beginning I was captivated by this soul-folk. It’s something magical, and people love his music from the moment they hear it.”

“Music is a language all it’s own,” wrote Rodriguez. “I’ve been playing ‘La Vie En Rose’ a lot lately when I’m looking for sounds. It’s the notes and the rhythms — that is what speaks to me. I’m a music lover. I do vocal against guitar. Sometimes it’s like any words will work. A lot of songs out there have fewer words than guttural sounds like oohs and ahhs and grunts. That works for some people too. I’m glad the French like my stuff. It’s had a long life and I feel lucky for that.”

“Searching for Sugar Man” was released Dec. 26 in just two Paris cinemas. It has beaten all records at the Left Bank Saint Germain movie theater where it is playing. It is now playing in other cities in France including Bordeaux, Rennes and Nancy.

“We thought the film would do well but this is exceptional,” Mr. Nivesse said.

Rodriguez is playing concerts around the world now. One gig was scheduled for this June at La Cigale, a major Paris venue. It sold out within 72 hours. Another concert was added at the Zenith (capacity 6,500). He is also expected to play at the major French summer music festivals.

“I’ve been working 25 years in the business and never met anyone like this, with so much charisma, even though he doesn’t say much,” said Mr. Servel Molvaer.

Read More..

Markets Mixed in Early Trading





Wall Street markets opened mixed on Thursday as Apple slid more than 10 percent following a revenue miss, and analysts said equities may be due for a pullback after a six-day rally.




Apple missed Wall Street’s revenue forecast for a third consecutive quarter after iPhone sales came in below expectations, fanning fears that its dominance of consumer electronics was slipping. The shares began falling in premarket trading, and were down 11 percent, to $456.60, in early trading.


Over all, the Standard & Poor’s 500-share index was flat, the Dow Jones industrial average gained 0.2 percent, while the Nasdaq was 0.6 percent lower.


However, some positive economic news looked set to put a floor under stock prices. Growth in Chinese manufacturing accelerated to a two-year high this month and a buoyant Germany took the euro zone economy a step closer to recovery, business surveys showed on Thursday.


In the United States, the number of Americans filing new claims for unemployment benefits unexpectedly fell to its lowest since the early days of the 2007-9 recession, a hopeful sign for the sluggish labor market.


With signs the economy is improving, some investors are lauding the strength of the stock market rather than calling an end to the rally.


“The market has disconnected itself with Apple,” said Jack de Gan, chief investment officer at Harbor Advisory Corp in Portsmouth, N.H. “I think it shows great strength in the overall S.&P.”


The S.&P. 500 rose for a sixth day on Wednesday following stronger-than-expected results from I.B.M. and Google. But Apple could now halt that rally, which had lifted stocks to five-year highs.


In Europe, shares were mostly higher. The FTSE in London was 0.6 percent higher, while the DAX in Germany gained 0.2 percent in afternoon trading.


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Mind: Avoiding Cold Feet Down the Aisle

His charisma was big enough to make his bad habits seem small, more like quirks than flaws. The cigarettes on his breath; the extra weight around the middle; the indifference to clothing and appearances — surely these were minor things, correctable in time.

In the months leading up to the wedding, in 1988, even the fact that he’d been living with his mother at age 38 seemed somehow explainable, if not ideal.

“How about that for a red flag?” said Jincey Huck, a state court employee in St. Louis, of her first husband, who has since died. “Deep down I knew it was a mistake, but I wanted to be married, I wanted kids, all that. I had cold feet the entire time,” said Ms. Huck, now 51.

Psychologists have studied decision-making for more than a century, trying to tease apart how biases, emotion and personality affect big choices and small ones. They have studied people playing investment games. They have taken brain images during hypothetical moral decisions. They have compared the accuracy of snap judgments to long deliberation, trying to gauge the value of subconscious instincts.

But it’s a lot harder to simulate in a laboratory the sort of big life decisions that are risky and hard to reverse: Whether to move across the country. Whether to take a new job, or buy a new house, even switch from PC to Mac. And, perhaps biggest of all: whether to walk down the aisle or split up.

“Virtually every big, real-life decision requires the decision-maker to resolve 10 fundamental questions, or what I call cardinal issues,” said J. Frank Yates, a professor of marketing and psychology at the University of Michigan’s business school. People only feel real confidence, he said, when they begin to address them all, including trade-offs and timing.

Most people, of course, aren’t experts in decision science. They decide based on their own beliefs, whims and their gut.

So how instructive are gut feelings — particularly cold feet — when there are so many moving parts and the stakes are so high? A study published in the current issue of The Journal of Family Psychology provides an answer: plenty instructive, at least when it comes to marriage.

“Having doubts before marriage is not only common, it predicted a higher divorce rate for women and more dissatisfaction in marriages for men and women,” compared with newlyweds with no doubts, said Justin A. Lavner, a doctoral student in psychology at the University of California, Los Angeles.

The study, with co-authors Benjamin R. Karney and Thomas N. Bradbury of U.C.L.A., is the first to examine premarital cold feet in a group of couples over time.

That gut-level doubt can portend coming trouble seems true by definition, self-evident. Yet most big decisions prompt some nervous hesitation, and research suggests that it is the nature and source of those doubts that matter, not their mere presence. Many of the psychological dynamics at play in premarital decision-making are similar to those that build around any big decision.

“The important thing to note is that most people who get divorced do not have major doubts going in” to the marriage initially, even if cold feet may increase the odds, said Arthur Aron, a psychologist at Stony Brook University. “At the same time there are factors — like disagreements with the other person’s parents — that may seem minor but become more important later, for instance, when you have kids.”

Several distractions can make these traps hard to appreciate. One is external pressure created by a wedding. “People get caught up in it and dismiss cold feet as, ‘Oh, that’s only the jitters,’ ” said Anne Milford, co-author with Jennifer Gauvain of “How Not to Marry the Wrong Guy” (Random House 2010), who interviewed about 200 women who had had strong doubts at the altar.

“Women most often said they knew they were making a mistake but did it anyway, often because they had no one who’d listen to them,” Ms. Milford said.

Two other elements that blur the decision are internal, less conscious, and can work against one another.

Both are types of idealization. In a series of studies, Sandra Murray of the State University at Buffalo and others have shown that new lovers have a strong tendency to idealize their partner, in the way that Ms. Huck did: Her friends are kind of sweet, when sober. He gets depressed mostly because he’s so sensitive.

Doubts don’t evaporate; they’re suppressed, only to return later.

The other is an expectation many have, of exquisite happiness. “People feel that they have to find the ideal, perfect Mr. or Ms. Right, who is their soul mate, with whom they will feel passionate love forever, and who will make them happy forever,” said Sonja Lyubomirsky, a psychologist at the University of California, Riverside, and author of “The Myths of Happiness” (Penguin, 2013).

She added: “Of course, both research and anecdotal evidence shows that this is not what typically occurs” and this type of person can easily become disappointed.

Being mindful of both distortions — and finding someone outside the wedding frenzy to listen — is one way to check whether those cold feet are ominous.

Another, Dr. Yates said, is to sit down and write about the doubts. “If a person writes about a decision problem, as opposed to simply thinking about it, she develops greater confidence in the correctness of the decision she eventually reaches,” he said in an e-mail. And that confidence is well placed, his studies have suggested.

“I really did ignore everything; I let it all slide,” said Ms. Huck, who is now happily remarried. “The worst part was afterward, knowing I’d done something I knew at the time was a mistake.”


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Mind: Avoiding Cold Feet Down the Aisle

His charisma was big enough to make his bad habits seem small, more like quirks than flaws. The cigarettes on his breath; the extra weight around the middle; the indifference to clothing and appearances — surely these were minor things, correctable in time.

In the months leading up to the wedding, in 1988, even the fact that he’d been living with his mother at age 38 seemed somehow explainable, if not ideal.

“How about that for a red flag?” said Jincey Huck, a state court employee in St. Louis, of her first husband, who has since died. “Deep down I knew it was a mistake, but I wanted to be married, I wanted kids, all that. I had cold feet the entire time,” said Ms. Huck, now 51.

Psychologists have studied decision-making for more than a century, trying to tease apart how biases, emotion and personality affect big choices and small ones. They have studied people playing investment games. They have taken brain images during hypothetical moral decisions. They have compared the accuracy of snap judgments to long deliberation, trying to gauge the value of subconscious instincts.

But it’s a lot harder to simulate in a laboratory the sort of big life decisions that are risky and hard to reverse: Whether to move across the country. Whether to take a new job, or buy a new house, even switch from PC to Mac. And, perhaps biggest of all: whether to walk down the aisle or split up.

“Virtually every big, real-life decision requires the decision-maker to resolve 10 fundamental questions, or what I call cardinal issues,” said J. Frank Yates, a professor of marketing and psychology at the University of Michigan’s business school. People only feel real confidence, he said, when they begin to address them all, including trade-offs and timing.

Most people, of course, aren’t experts in decision science. They decide based on their own beliefs, whims and their gut.

So how instructive are gut feelings — particularly cold feet — when there are so many moving parts and the stakes are so high? A study published in the current issue of The Journal of Family Psychology provides an answer: plenty instructive, at least when it comes to marriage.

“Having doubts before marriage is not only common, it predicted a higher divorce rate for women and more dissatisfaction in marriages for men and women,” compared with newlyweds with no doubts, said Justin A. Lavner, a doctoral student in psychology at the University of California, Los Angeles.

The study, with co-authors Benjamin R. Karney and Thomas N. Bradbury of U.C.L.A., is the first to examine premarital cold feet in a group of couples over time.

That gut-level doubt can portend coming trouble seems true by definition, self-evident. Yet most big decisions prompt some nervous hesitation, and research suggests that it is the nature and source of those doubts that matter, not their mere presence. Many of the psychological dynamics at play in premarital decision-making are similar to those that build around any big decision.

“The important thing to note is that most people who get divorced do not have major doubts going in” to the marriage initially, even if cold feet may increase the odds, said Arthur Aron, a psychologist at Stony Brook University. “At the same time there are factors — like disagreements with the other person’s parents — that may seem minor but become more important later, for instance, when you have kids.”

Several distractions can make these traps hard to appreciate. One is external pressure created by a wedding. “People get caught up in it and dismiss cold feet as, ‘Oh, that’s only the jitters,’ ” said Anne Milford, co-author with Jennifer Gauvain of “How Not to Marry the Wrong Guy” (Random House 2010), who interviewed about 200 women who had had strong doubts at the altar.

“Women most often said they knew they were making a mistake but did it anyway, often because they had no one who’d listen to them,” Ms. Milford said.

Two other elements that blur the decision are internal, less conscious, and can work against one another.

Both are types of idealization. In a series of studies, Sandra Murray of the State University at Buffalo and others have shown that new lovers have a strong tendency to idealize their partner, in the way that Ms. Huck did: Her friends are kind of sweet, when sober. He gets depressed mostly because he’s so sensitive.

Doubts don’t evaporate; they’re suppressed, only to return later.

The other is an expectation many have, of exquisite happiness. “People feel that they have to find the ideal, perfect Mr. or Ms. Right, who is their soul mate, with whom they will feel passionate love forever, and who will make them happy forever,” said Sonja Lyubomirsky, a psychologist at the University of California, Riverside, and author of “The Myths of Happiness” (Penguin, 2013).

She added: “Of course, both research and anecdotal evidence shows that this is not what typically occurs” and this type of person can easily become disappointed.

Being mindful of both distortions — and finding someone outside the wedding frenzy to listen — is one way to check whether those cold feet are ominous.

Another, Dr. Yates said, is to sit down and write about the doubts. “If a person writes about a decision problem, as opposed to simply thinking about it, she develops greater confidence in the correctness of the decision she eventually reaches,” he said in an e-mail. And that confidence is well placed, his studies have suggested.

“I really did ignore everything; I let it all slide,” said Ms. Huck, who is now happily remarried. “The worst part was afterward, knowing I’d done something I knew at the time was a mistake.”


We hope you’ll “Like” Well on Facebook, where you’ll find news and conversations about fitness, food and family health.

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Bits Blog: Keeping the Internet Safe From Governments

Even before the World Conference on International Telecommunications took place last month in Dubai, Internet activists anticipated trouble. So did Congress, which issued a resolution calling it “essential” that the Internet remain “stable, secure and free from governmental control.”

The worries proved prescient. The conference, which supposedly was going to modernize some ancient regulations, instead offered a treaty that in the eyes of some critics would have given repressive states permission to crack down on dissent. The United States delegate refused to sign it. Fifty-four other countries, including Canada, Peru, Japan and most of Western Europe, voted no as well.

The OpenNet Initiative estimates that about a third of Internet users live in countries that engage in “substantive” or “pervasive” blocking of Internet content. They tended to be among the 89 countries that signed the treaty, including Russia, Cambodia, Iran, China, Cuba, Egypt and Angola.

Those in favor of a free and open Internet have long had a problem with the International Telecommunication Union, the affiliate of the United Nations that ran the conference. They see the I.T.U., which dates back to 1865, as longing for the pre-Internet era, when its influence and fortunes were greater. As a result, activists think, the I.T.U. has become aligned with, and a tool of, countries that desire more governmental control over public speech.

In the wake of the Dubai meeting, there are renewed calls to scale back United States financing of the I.T.U. drastically. The logic is, why are taxpayers supporting an organization whose motives they oppose?

“Paying for both sides of a conflict is unsustainable and illogical, and should simply be corrected,” says the De-Fund the I.T.U. Web site, which has posted a petition on the White House Web site.

The De-Fund site notes that the petition is not asking the United States government to take an unprecedented first step. “Many of our free-market democratic allies, led by Germany, France, Spain and Finland, have already de-funded the I.T.U. Likewise, right-thinking American companies like I.B.M., Cingular, Microsoft, Fox, Agilent, Sprint, Harris, Loral and Xerox, and others, have already withdrawn their private-sector contributions from the I.T.U.”

The petition was the brainchild of Bill Woodcock, the Berkeley-based research director of Packet Clearing House, a nonprofit institute. “This is really about whether people should be allowed to say what they think,” Mr. Woodcock said. “The Internet enables free speech, and that makes it very dangerous to countries that try to control public discourse.”

The United States government contributes about 8 percent of the I.T.U.’s budget. The 55 countries that voted against the treaty contribute about three-quarters of it. If the White House receives 25,000 signatures by Feb. 10, it will review and quite possibly act on the petition. As of Tuesday, it had about 600 signatures with minimal publicity.

A spokesman for the I.T.U., which is based in Switzerland, did not respond to an e-mail seeking comment.

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IHT Rendezvous: Denying American Scots Their Holiday Haggis

LONDON — Scots at home and abroad will be sitting down on Friday night for Burns Night suppers to commemorate their national poet with a feast of haggis.

Robert Burns’ “great chieftain o’ the puddin’-race,” a mix of sheep’s innards and oats tied up in a sheep’s stomach, is the centerpiece of the annual celebration of Scottishness.

It is a pleasure that will once again be denied to Scots-Americans this year, as the BBC’s John Kelly wrote this week in a report that blew a breeze through the heather of the haggis-loving community.

The genuine article has been outlawed in the United States for more than 40 years as a result of a ban on one of its key ingredients — sheep’s lung.

A 1989 health ban on all British offal extended the restriction to hearts and livers, also vital for a true Scottish haggis.

“For many expat Scots and Scots-Americans, the notion of Burns Supper without haggis is as unthinkable as Thanksgiving without turkey,” Mr. Kelly wrote in a report from Washington that revealed aficionados would have to make do with ersatz versions of the Scottish national dish or even — horror of horrors — vegetarian ones.

His report provoked some indignant comments on social media from haggis lovers who pointed out that their favorite sausage was probably a lot safer than the kind of weaponry freely available to U.S. consumers.

Others noted that haggis was no more esoteric than some of the extremes of American cuisine.

And some advised offal-adverse Americans to take a more “waste not, want not” attitude to their food.

As many as 30 million Americans, predominantly in the southeastern states and Texas, have some Scottish ancestry.

Many of their forebears arrived in the New World via settlements in Northern Ireland, an odyssey celebrated by one of their number, former Sen. Jim Webb of Virginia, in his 2004 book “Born Fighting.”

One of their imports, fried chicken, has thrived. But not so the humble haggis.

Scottish producers have attempted to fight back against the ban and two years ago the Scottish regional government invited U.S. health officials to come and try the real thing.

“Scotland’s produce is amongst the best in the world and I’ve asked U.S. Department of Agriculture officials to come here to see for themselves the high standards we have in animal health and processing,” Richard Lochhead, Scotland’s rural affairs minister, said.

U.S. authorities have resisted such blandishments. President George W. Bush passed up an opportunity to taste the delicacy at an international summit in Gleneagles in 2005. “Yes, I was briefed on haggis,” he commented unenthusiastically at the time.

Personally, I’m a fan. A culinary tip: if you manage to get your hands on a real haggis, cook slowly at a simmer and never allow to boil. Eat with a mash of neeps and tatties — swede (or rutabaga) and potato. And don’t forget the compulsory whiskey accompaniment — Scotch, of course.

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I.M.F. Forecast: Global Economic Growth Modest at Best


WASHINGTON — The International Monetary Fund said on Wednesday that it continues to expect a modest upturn in global growth in 2013, with fewer risks of policy mistakes and less financial stress.


The Washington-based fund cautioned, however, that growth is hardly expected to snap back to its pre-crisis levels in the coming years. All in all, the fund sees global growth of 3.5 percent in 2013 and 4.1 percent in 2014, up from 3.2 percent in 2012. In the years just before the global downturn, annual economic growth was 4.5 percent to 5.5 percent.


“If crisis risks do not materialize and financial conditions continue to improve, global growth could be stronger than projected,” the fund said in its economic report. “However, downside risks remain significant, including renewed setbacks in the euro area and risks of excessive near-term fiscal consolidation in the United States. Policy action must urgently address these risks.”


The fund updates its economic projections three times a year in its World Economic Outlook report. This time, it whittled down many of the forecasts for 2013 that it had made in October, knocking 0.1 percentage point from its United States growth forecast, 0.3 percentage point from the euro area and 0.4 percentage point from the newly industrialized Asian economies, like Singapore and South Korea.


The fund said it downgraded its estimate of European growth from October despite “progress in national adjustment and a strengthened European Union-wide policy response to the euro area crisis.” It said that there might be “delays” as lower sovereign-bond yields and reduced financial stress eventually translate into improved private-sector borrowing conditions. It added that uncertainty about the ultimate resolution of the long-simmering European debt crisis remains high.


Slow growth in advanced economies, including the United States, Germany and Japan, will continue to weigh on growth in emerging economies, it said.


For Washington, the “priority is to avoid excessive fiscal consolidation in the short term, promptly raise the debt ceiling and agree on a credible medium-term consolidation plan,” the fund’s economists said. Christine Lagarde, managing director, and other fund officials have repeatedly warned politicians in Washington not to embark on too stringent an austerity program, for the good of the world economy as well as the United States. The I.M.F. planned a news conference in Washington to discuss the forecasts Wednesday.


This month, the I.M.F.’s sister institution, the World Bank, released a rosier economic analysis. It foresees global growth of just 2.4 percent in 2013. But it said that emerging economies could worry less about downside risks from advanced economies and start focusing on domestic economic issues, like labor-market or regulatory reforms.


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Well: Have a Health Question? Ask Well

The Well section of The New York Times is starting a new online featured called Ask Well. If you have a question about fitness, nutrition, illness or family health, the staff of The New York Times Health section is ready to help you find the answer.

How do you solve the problem of back pain caused by sitting in an office chair all day? Do you still need the flu shot even if you’ve had the flu? What’s the best way to heal tennis elbow? Those are some of the questions we’ve already answered in Ask Well.


Tara Parker-Pope speaks about Ask Well.


All questions submitted to Ask Well will be reviewed by the health staff. We’ll post selected questions and let readers vote on those they would most like to see answered. You can ask a question, vote for your favorites and read answered questions on the Ask Well Questions Page.

While Ask Well is not a source for personal medical advice (only your doctor can give you that), we can offer readers health information from the experts and guide you to various resources to help you make informed decisions. So let’s get started. Tell us what’s on your mind, and Ask Well will provide the answers.

Related Articles Also Tagged:

health

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Well: Have a Health Question? Ask Well

The Well section of The New York Times is starting a new online featured called Ask Well. If you have a question about fitness, nutrition, illness or family health, the staff of The New York Times Health section is ready to help you find the answer.

How do you solve the problem of back pain caused by sitting in an office chair all day? Do you still need the flu shot even if you’ve had the flu? What’s the best way to heal tennis elbow? Those are some of the questions we’ve already answered in Ask Well.


Tara Parker-Pope speaks about Ask Well.


All questions submitted to Ask Well will be reviewed by the health staff. We’ll post selected questions and let readers vote on those they would most like to see answered. You can ask a question, vote for your favorites and read answered questions on the Ask Well Questions Page.

While Ask Well is not a source for personal medical advice (only your doctor can give you that), we can offer readers health information from the experts and guide you to various resources to help you make informed decisions. So let’s get started. Tell us what’s on your mind, and Ask Well will provide the answers.

Related Articles Also Tagged:

health

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DealBook: Microsoft May Back Dell Buyout

The effort to take Dell private has gained a prominent, if unusual, backer: Microsoft.

The software giant is in talks to help finance a takeover bid for Dell that would exceed $20 billion, a person briefed on the matter said on Tuesday. Microsoft is expected to contribute up to several billion dollars.

An investment by Microsoft — if it comes to pass — could be enough to push a leveraged buyout of the struggling computer maker over the goal line. Silver Lake, the private equity firm spearheading the takeover talks, has been seeking a deep-pocketed investor to join the effort. And Microsoft, which has not yet made a commitment, has more than $66 billion in cash on hand.

Microsoft and Silver Lake, a prominent investor in technology companies, are no strangers. The private equity firm was part of a consortium that sold Skype, the online video-chatting pioneer, to Microsoft for $8.5 billion nearly two years ago. And the two companies had discussed teaming up to make an investment in Yahoo in late 2011, before Yahoo decided against selling a minority stake in itself.

A vibrant Dell is an important part of Microsoft’s plans to make Windows more relevant for the tablet era, when more and more devices come with touch screens. Dell has been one of the most visible supporters of Windows 8 in its products.

That has been crucial at a time when Microsoft’s relationships with many PC makers have grown strained because of the company’s move into making computer hardware with its Surface family of tablets.

Frank Shaw, a spokesman for Microsoft, declined to comment.

If completed, a buyout of Dell would be the largest leveraged buyout since the financial crisis, reaching levels unseen since the takeovers of Hilton Hotels and the Texas energy giant TXU. Such a deal is taking advantage of Dell’s still-low stock price and the abundance of investors willing to buy up the debt issued as part of a transaction to take the company private. And Silver Lake has been working with Dell’s founder, Michael S. Dell, who is expected to contribute his nearly 16 percent stake in the company to a takeover bid.

Yet while many aspects of the potential deal have fallen into place, including a potential price of up to around $14 a share, talks between Dell and its potential buyers may still fall apart.

Shares of Dell closed up 2.2 percent on Tuesday, at $13.12. They began rising after CNBC reported Microsoft’s potential involvement in a leveraged buyout. Microsoft shares slipped 0.4 percent, to $27.15.

Microsoft’s lending a hand to Dell could make sense at a time when the PC industry is facing some of the biggest challenges in its history. Dell is one of Microsoft’s most significant, longest-lasting partners in the PC business and among the most committed to creating machines that run Windows, the operating system that is the foundation of much of Microsoft’s profits.

But PC sales were in a slump for most of last year, as consumers diverted their spending to other types of devices like tablets and smartphones. Dell, the third-biggest maker of PCs in the world, recorded a 21 percent decline in shipments of PCs during the fourth quarter of last year from the same period in 2011, according to IDC.

In a joint interview in November, Mr. Dell and Steven A. Ballmer, Microsoft’s chief executive, exchanged friendly banter, as one would expect of two men who have been in business together for decades.

Mr. Dell said Mr. Ballmer had gone out of his way to reassure him that Microsoft’s Surface computers would not hurt Dell sales.

“We’ve never sold all the PCs in the world,” said Mr. Dell, sitting in a New York hotel room brimming with new Windows 8 computers made by his company. “As I’ve understood Steve’s plans here, if Surface helps Windows 8 succeed, that’s going to be good for Windows, good for Dell and good for our customers. We’re just fine with all that.”

Microsoft has been willing to open its purse strings in the past to help close partners. Last April, Microsoft committed to invest more than $600 million in Barnes & Noble’s electronic books subsidiary, in a deal that ensures a source of electronic books for Windows devices. Microsoft also agreed in 2011 to provide the Finnish cellphone maker Nokia billions of dollars’ worth of various forms of support, including marketing and research and development assistance, in exchange for Nokia’s adopting Microsoft’s Windows Phone operating system.

A version of this article appeared in print on 01/23/2013, on page B1 of the NewYork edition with the headline: Microsoft May Back Dell Buyout.
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IHT Rendezvous: A Break in the Case of the Kunsthal Heist

Three people have been arrested in connection with the case of the theft of seven paintings from a museum in the Netherlands, the police in Rotterdam announced Tuesday.

The paintings have not been recovered. Estimates of the value of the paintings, which include works by Monet, Matisse, Picasso, Gauguin and Lucian Freud, have varied, with some art experts speculating that they could be worth as much as 100 million euros. The museum, the Kunsthal in Rotterdam, has not disclosed their value.

The three men were arrested in Romania in an unrelated criminal investigation involving art, said Roland Ekkers, a spokesman for the Rotterdam police.

“They are arrested in Romania for a Romanian matter, but obviously we have questions for those three as well,” said Mr. Ekkers.

On Wednesday morning the Rotterdam police were determining whether they would send detectives to Romania to question the suspects, according to Mr. Ekkers.

The heist was carried out on Oct. 16 at about 3:15 a.m., when the thieves entered the Kunsthal through a fire escape door. Surveillance footage shows the thieves were inside the museum for no more than two minutes.

A surveillance tape showing the robbers entering and leaving the museum was released by the police in October:

In the absence of news following the heist, the Dutch press theorized that the robbers were part of an Irish crime ring, or that the burglary was hastily planned by underworld figures to repay debts after a major drug shipment was intercepted in Antwerp last fall.

The stolen art had been on loan to the Kunsthal from the Triton Foundation, a private foundation of the family of the late Willem Cordia, a Dutch investor and collector.

The investigation of the robbery is far from over, said Mr. Ekkers.

“Their arrest has not cracked the case,” he said.

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Stocks Open With Little Movement


Stocks opened little changed on Wall Street on Tuesday at the start of a busy week for corporate earnings after major indexes notched five-year highs.


In early trading, all three major equities indexes — the Standard & Poor's 500-stock index, the Dow Jones industrial average and the Nasdaq composite index — moved very little. Both the Dow and S.&P. 500 closed last week at their highest levels so far in this earnings season, with the gains largely coming on better-than-expected results.


But despite bullish statements from major companies, including big banks, many investors were worried other reports would reflect economic uncertainty in the fourth quarter.


“The market has been pleased with earnings thus far, and it is encouraging to see a cyclical company like DuPont show revenue strength,” said Adam Sarhan, chief executive of Sarhan Capital in New York, “but I’m waiting on more tech and energy earnings until I come down one way or the other on this season.”


DuPont reported revenue that was ahead of Wall Street expectations, sending shares up 1.4 percent. However, slumping demand for pigment and solar panel parts hurt fourth-quarter profit.


Travelers gained 2.9 percent after forecasting higher premiums across its businesses, though it also posted earnings that fell by half from losses related to Hurricane Sandy.


Johnson & Johnson, the diversified health company, fell 0.9 percent after forecasting 2013 earnings below expectations, while Verizon Communications lost 1.5 percent after reporting a steep loss on pension liabilities and charges related to Sandy.


All four companies are Dow components.


Overall, S&P 500 fourth-quarter earnings are forecast to have risen 2.5 percent, according to Thomson Reuters data. That estimate is above the 1.9 percent forecast from a week ago but well below the 9.9 percent fourth-quarter earnings forecast from Oct. 1, the data showed.


Monday was a market holiday for Martin Luther King Jr. Day in the United States. President Barack Obama at his inauguration for a second term on Monday called for aggressive action on climate change, economic equality and the federal budget.


Markets have recently been pressured by uncertainty stemming from Washington about the federal debt limit and spending cuts that could hamper American economic growth. Republican leaders in the House of Representatives said they aim to pass on Wednesday a nearly four-month extension of the U.S. debt limit, allowing the government to borrow enough to meet its obligations during that period.


In New York trading, Research in Motion jumped 7 percent a day after its chief executive said the company may consider strategic alliances with other companies after the launch of devices powered by RIM’s new BlackBerry 10 operating system.


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The New Old Age Blog: The Brutal Truth of 'Amour'

It has been a few days since I left the movie theater in a bit of a daze, and I’m still thinking about “Amour.”

So much of this already much-honored film rings utterly true: the way a long-married Parisian couple’s daily routines, their elegant life of books and music and art, can be upended in a moment. The tender care that Georges (Jean-Louis Trintignant) provides for Anne (Emmanuelle Riva) as multiple strokes claim her body and her mind, and the inexorable way that care wears them both down. Their withdrawal into a proud dyad that seeks and accepts little help from outsiders, even family. “We’ve always coped, your mother and I,” Georges tells their daughter.

The writer and director Michael Haneke’s previous movies, which I haven’t seen, tend to be described as shocking, violent, even punitive. “Amour,” which Times critic Manohla Dargis called a masterpiece, includes one brief spasm of violence, but the movie remains restrained, not graphic. It’s brutal only because life, and death, can be brutal.

Is popular culture paying more attention to aging and caregiving? In the last couple of years, I have written about these subjects surfacing in a YouTube series (“Ruth & Erica”), in movies like “The Iron Lady,” in novels like Walter Mosley’s “The Last Days of Ptolemy Grey.”

A couple of weeks back, watching a play called “The Other Place,” starring the remarkable Laurie Metcalfe, I suddenly realized that the dynamic physician and businesswoman onstage had some sort of early-onset dementia. Dementia seems a particularly popular subject, in fact. Intrinsically dramatic, it suffuses the Mosley novel and Alice LaPlante’s “Turn of Mind,” and some of my favorite movies about aging, “Away From Her,” “Iris” and “The Savages.”

“Kings Point,” Sari Gilman’s compelling documentary about a retirement community in Florida where nobody seemed to expect to grow old, just won an Oscar nomination for best short-subject documentary and will be shown on HBO in March. And “Amour,” which won the Palme d’Or at Cannes, is up for five Academy Awards, including best picture, best director and a best actress nomination for the 85-year-old Ms. Riva. (Academy voters: Just give it to her.)

A number of these artists, Mr. Haneke included, have spoken about their own experiences with aged relatives. Perhaps, as the population ages and more people confront the consequences, the stories our culture tells itself have evolved to include more old people, more caregivers. Or maybe I just want that to be true.

“Do not go see this,” my movie-going buddy had been warned, probably because her mother has dementia and friends who had seen the film wanted to spare her. I know some people found “Amour” too slow-paced or claustrophobic — like many elderly couples’ lives, it basically takes place in four rooms — or too grim. (If you’ve seen it, tell us what you thought.)

If you’re a full-time caregiver or you’re coping with a relative with dementia, perhaps you would prefer to spend your 2 hours 7 minutes of precious time off watching something funny. Escapism has its virtues.

But I found “Amour” unflinching and provocative and beautiful.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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The New Old Age Blog: The Brutal Truth of 'Amour'

It has been a few days since I left the movie theater in a bit of a daze, and I’m still thinking about “Amour.”

So much of this already much-honored film rings utterly true: the way a long-married Parisian couple’s daily routines, their elegant life of books and music and art, can be upended in a moment. The tender care that Georges (Jean-Louis Trintignant) provides for Anne (Emmanuelle Riva) as multiple strokes claim her body and her mind, and the inexorable way that care wears them both down. Their withdrawal into a proud dyad that seeks and accepts little help from outsiders, even family. “We’ve always coped, your mother and I,” Georges tells their daughter.

The writer and director Michael Haneke’s previous movies, which I haven’t seen, tend to be described as shocking, violent, even punitive. “Amour,” which Times critic Manohla Dargis called a masterpiece, includes one brief spasm of violence, but the movie remains restrained, not graphic. It’s brutal only because life, and death, can be brutal.

Is popular culture paying more attention to aging and caregiving? In the last couple of years, I have written about these subjects surfacing in a YouTube series (“Ruth & Erica”), in movies like “The Iron Lady,” in novels like Walter Mosley’s “The Last Days of Ptolemy Grey.”

A couple of weeks back, watching a play called “The Other Place,” starring the remarkable Laurie Metcalfe, I suddenly realized that the dynamic physician and businesswoman onstage had some sort of early-onset dementia. Dementia seems a particularly popular subject, in fact. Intrinsically dramatic, it suffuses the Mosley novel and Alice LaPlante’s “Turn of Mind,” and some of my favorite movies about aging, “Away From Her,” “Iris” and “The Savages.”

“Kings Point,” Sari Gilman’s compelling documentary about a retirement community in Florida where nobody seemed to expect to grow old, just won an Oscar nomination for best short-subject documentary and will be shown on HBO in March. And “Amour,” which won the Palme d’Or at Cannes, is up for five Academy Awards, including best picture, best director and a best actress nomination for the 85-year-old Ms. Riva. (Academy voters: Just give it to her.)

A number of these artists, Mr. Haneke included, have spoken about their own experiences with aged relatives. Perhaps, as the population ages and more people confront the consequences, the stories our culture tells itself have evolved to include more old people, more caregivers. Or maybe I just want that to be true.

“Do not go see this,” my movie-going buddy had been warned, probably because her mother has dementia and friends who had seen the film wanted to spare her. I know some people found “Amour” too slow-paced or claustrophobic — like many elderly couples’ lives, it basically takes place in four rooms — or too grim. (If you’ve seen it, tell us what you thought.)

If you’re a full-time caregiver or you’re coping with a relative with dementia, perhaps you would prefer to spend your 2 hours 7 minutes of precious time off watching something funny. Escapism has its virtues.

But I found “Amour” unflinching and provocative and beautiful.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Storm and Pension Costs Leave Verizon With Bigger Loss





Verizon Communications is still adding plenty of customers and selling a lot of phones, but the impact from Hurricane Sandy and pension costs sank the company’s quarterly earnings.


The company on Tuesday reported a fourth-quarter loss of $4.22 billion, or $1.48 a share, more than double the loss a year ago. Damages from Hurricane Sandy cost 7 cents a share, and pension charges reduced earnings by $1.55 a share, Verizon said. Revenue climbed to $30.05 billion, a 5.7 percent increase compared with a year ago.


Analysts had expected adjusted earnings of 50 cents a share, compared to actual adjusted earnings of 45 cents a share, and revenue of $29.75 billion, according to Thomson Reuters.


“Verizon seized growth opportunities in the fourth quarter to cap a year of solid progress across the entire business,” said Lowell McAdam, chief executive of Verizon, in a statement. “We delivered a total return of 13.2 percent to shareholders in 2012, and we enter 2013 ready to accelerate the momentum we’ve achieved and create significant shareholder value in the years to come.”


The company, based in New York, said that its wireless business was growing. Over the quarter, it sold 9.8 million smartphones, compared with 7.7 million in the same quarter a year ago, and added 2.1 million contract subscribers, the most valuable type of customer, versus 1.2 million a year ago. The company said its new shared data plans helped increase the money it made from subscribers; average monthly revenue from each account grew 6.6 percent to $146.80.


Verizon Wireless, the largest American wireless carrier, is leading the race to build out its fourth-generation network, called LTE, which is faster and more efficient than its predecessor. The company has deployed LTE in 476 cities; AT&T, the second-biggest American carrier, is in a distant second with 135 cities.


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Japan Makes Overture to China in Islands DisputeJapan Makes Overture to China in Islands Dispute





BEIJING — A member of Japan’s coalition government arrived in Beijing on Tuesday carrying a letter for the head of the Communist Party, Xi Jinping, from the Japanese prime minister, Shinzo Abe, to try to help calm the escalating dispute between the two countries over contested islands in the East China Sea, Japanese officials said.




Separately, the Philippines announced Tuesday that it would formally challenge China’s claims in the South China Sea before a United Nations tribunal that oversees the Convention on the Law of the Sea.


The Philippines has been in bitter argument with China since last spring, when China effectively took control of an island in the South China Sea known in the Philippines as Scarborough Shoal, and as Huangyan island in China.


The Filipino secretary of foreign affairs, Albert del Rosario, said in Manila that China’s claim to much of the South China Sea — an area China refers to as the nine-dash line — was “unlawful.” China has “interfered with the lawful exercise by the Philippines of its rights within its legitimate maritime zones,” Mr. del Rosario said.


He stressed that resorting to the tribunal meant that the Philippines could “present our case against China and defend our national interest and maritime domain before an independent international tribunal.” International law, he said, will be “the great equalizer.”


China has consistently said it will not agree to arbitration by an international tribunal. Legal experts said a matter brought before such a panel required negotiations, and without China’s presence it was unlikely that a proceeding could take place.


“This is what I don’t see taking place,” said Jay L. Batongbacal, an assistant professor of law at the University of the Philippines in Manila.


A Chinese expert on the Asia-Pacific region, Professor Su Hao of China Foreign Affairs University in Beijing, agreed with that assessment.


Both China and the Philippines needed to agree on arbitration for the case to proceed, said Professor Su. “The Philippines action is ineffective,” he said. “It’s making trouble out of nothing.”


Aside from China and the Philippines, three other countries in Southeast Asia — Brunei, Malaysia and Vietnam — make claims to islands in the South China Sea. So does Taiwan.


China’s increasingly aggressive claims in the South China Sea, and the tensions with Japan in the East China Sea, have raised concerns in the Obama administration at the very moment when Washington has indicated that it plans to strengthen its military presence in the Asia-Pacific region.


The Philippines, an American ally, has felt particularly aggrieved because China has kept patrol boats in the waters around the Scarborough Shoal, preventing Filipino fishermen from using their traditional fishing grounds in a lagoon within the shoal.


Washington brokered an agreement last spring that called for the Philippines and China to withdraw government vessels from the area, American officials said. But after withdrawing its vessels, China sent surveillance ships back, and stretched a cable across the mouth of the lagoon, preventing Filipino fishermen from venturing there, the officials said.


The Philippines plans to contest all of China’s claims in the South China Sea, not just its claims on Scarborough Shoal, Mr. del Rosario said. By some estimates, the nine-dash line that China draws in the South China Sea as part of its territory incorporates about 80 percent of the sea.


In the dispute between Japan and China, it was not immediately clear whether the visiting Japanese politician — Natsuo Yamaguchi, the head of the New Komeiti Party, a party considered less hawkish than the ruling Liberal Democratic Party — would meet with top Chinese officials.


An official of the China Japan Friendship Association, which appeared to be handling Mr. Yamaguchi’s visit, said after his arrival that the schedule for Mr. Yamaguchi during his stay in Beijing had not been finalized.


Mr. Yamaguchi’s visit comes against a drumbeat of bellicose commentary in the Chinese state-run press about the need for China’s military to prepare for war, and criticism of Mr. Abe for trying to form alliances with China’s neighbors in Southeast Asia.


The feud over the islands, known as Diaoyu in China and Senkaku in Japan, reached a dangerous new level nearly two weeks risks ago. when both Japan and China scrambled jet fighters over the East China Sea. The United States is obligated under a security treaty with Japan to defend the islands, which were handed back to Japan by Washington in 1972 as part of the return of Okinawa.


In a speech in Hong Kong on Wednesday, a former Chinese diplomat, Ruan Zongze, said China wanted a peaceful resolution of border issues.


“We are absolutely committed to peaceful resolution, peaceful dialogue,” said Dr. Ruan, a vice president at the China Institute of International Studies, a research group in Beijing that is affiliated with the Foreign Ministry.


Dr. Ruan, a former senior diplomat at the Chinese embassies in Washington and London and the author of a new book in Chinese last month on the decision-making process in Washington, said the Chinese military remained under the control of the Communist Party.


“Even if the military wants to be more aggressive, the party will push the brake,” he said in an interview before his speech at the Foreign Correspondents’ Club in Hong Kong.


Keith Bradsher contributed reporting from Hong Kong, and Bree Feng contributed research from Beijing.



This article has been revised to reflect the following correction:

Correction: January 22, 2013

An earlier version of this article misstated the timing of the Philippines’ argument with China over its claims in the South China Sea, and the timing of a temporary resolution brokered by the United States. The standoff and the resolution both took place last spring, not last summer.



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How M.I.T. Ensnared a Hacker, Bucking a Freewheeling Culture



Months earlier, the mysterious visitor had used the school’s computer network to begin copying millions of research articles belonging to Jstor, the nonprofit organization that sells subscription access to universities.


The visitor was clever — switching identifications to avoid being blocked by M.I.T.’s security system — but eventually the university believed it had shut down the intrusion, then spent weeks reassuring furious officials at Jstor that the downloading had been stopped.


However, on Jan. 3, 2011, according to internal M.I.T. documents obtained by The New York Times, the university was informed that the intruder was back — this time downloading documents very slowly, with a new method of access, so as not to alert the university’s security experts.


“The user was now not using any of the typical methods to access MITnet to avoid all usual methods of being disabled,” concluded Mike Halsall, a senior security analyst at M.I.T., referring to the university’s computer network.


What the university officials did not know at the time was that the intruder was Aaron Swartz, one of the shining lights of the technology world and a leading advocate for open access to information, with a fellowship down the road at Harvard.


Mr. Swartz’s actions presented M.I.T. with a crucial choice: the university could try to plug the weak spot in its network or it could try to catch the hacker, then unknown.


The decision — to treat the downloading as a continuing crime to be investigated rather than a security threat that had been stopped — led to a two-day cat-and-mouse game with Mr. Swartz and, ultimately, to charges of computer and wire fraud. Mr. Swartz, 26, who faced a potentially lengthy prison term and whose trial was to begin in April, was found dead of an apparent suicide in his Brooklyn apartment on Jan. 11.


Mr. Swartz’s supporters called M.I.T.’s decision a striking step for an institution that prides itself on operating an open computer network and open campus — the home of a freewheeling programming culture. M.I.T.’s defenders viewed the intrusion as a computer crime that needed to be taken seriously.


M.I.T. declined to confirm any of these details or comment on its actions during the investigation. The university’s president, L. Rafael Reif, said last week, “It pains me to think that M.I.T. played any role in a series of events that have ended in tragedy.” He appointed a professor, Hal Abelson, to analyze M.I.T.’s conduct in the investigation. To comment now, a spokeswoman for the university said, would be “to get ahead of that analysis.”


Early on Jan. 4, at 8:08 a.m., according to Mr. Halsall’s detailed internal timeline of the events, a security expert was able to locate that new method of access precisely — the wiring in a network closet in the basement of Building 16, a nondescript rectangular structure full of classrooms and labs that, like many buildings on campus, is kept unlocked.


In the closet, Mr. Halsall wrote, there was a netbook, or small portable computer, “hidden under a box,” connected to an external hard drive that was receiving the downloaded documents.


At 9:44 a.m. the M.I.T. police were called in; by 10:30 a.m., the Cambridge police were en route, and by 11 a.m., Michael Pickett, a Secret Service agent and expert on computer crime, was on the scene. On his recommendation, a surveillance camera was installed in the closet and a second laptop was connected to the network switch to track the traffic.


There may have been a reason for the university’s response. According to the timeline, the tech team detected brief activity from China on the netbook — something that occurs all the time but still represents potential trouble.


E-mails among M.I.T. officials that Tuesday in January 2011 highlight the pressures university officials felt over a problem they thought they had solved. Ann J. Wolpert, the director of libraries, wrote to Ellen Finnie Duranceau, the official who was receiving Jstor’s complaints: “Has there ever been a situation similar to this when we brought in campus police? The magnitude, systematic and careful nature of the abuses could be construed as approaching criminal action. Certainly, that’s how Jstor views it.”


Some of Mr. Swartz’s defenders argue that collecting and providing evidence to the government without a warrant may have violated federal and state wiretapping statutes.


John Schwartz contributed reporting.



This article has been revised to reflect the following correction:

Correction: January 21, 2013

An earlier version of this article misquoted part of statement by a spokeswoman for the Massachusetts Institute of Technology. Referring to a review of M.I.T.’s conduct that was commissioned by the university’s president, she said to comment now on the events surrounding Aaron Swartz’s arrest would be “to get ahead of that analysis,” not “to get ahead of that investigation.” 



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