As CIA Chief Scandal Looms, Lawmakers Consider Tightening E-Mail Privacy

Recent intrusions by the FBI into e-mail correspondence between former CIA Director David Petraeus and his mistress and biographer, Paula Broadwell, have raised a lot of questions and concerns about the government’s ability to access private e-mails.

The current law covering access to e-mail gives the government the right to snoop without a court order on email that’s older than 180 days, but requires a court order for missives that are newer than this, a fact that privacy activists have been trying to change for years.

Now they might finally be getting closer to that wish.

The Senate Judiciary Committee announced Thursday that it will be voting Nov. 29 on whether to advance legislation that would require authorities to obtain a probable-cause warrant to get access to all e-mail and other content stored in the cloud, just as a warrant is required to search a car or house.

Sen. Patrick Leahy (D-Vermont), chairman of the Judiciary Committee, proposed the sweeping digital privacy protections in September after first failing to push them through last year. The proposal would amend the 1986 Electronic Communications Privacy Act and “bring our privacy laws into the digital age.”

The announcement comes two days after Google released stats showing an alarming rise in the number of U.S. government demands for data about Gmail users and other Google account holders. Google didn’t say how many times authorities used a warrant to make the requests.

It’s also not known precisely what legal authorities were used to obtain access to e-mail accounts used by Broadwell, Petraeus and others involved.

The investigation into the extramarital affair between the two, which led to the CIA director’s resignation last week, is ongoing, and the FBI won’t say whether it obtained a probable-cause warrant signed by a judge to peek at e-mail exchanged between the two. Conflicting news reports say they did and did not use a warrant. The issue is important, because authorities apparently had no reason to believe a crime had been committed at the time they sought access to the accounts.

The career of the former CIA director and former Afghanistan war commander came unhinged after a woman in Florida named Jill Kelley received harassing e-mails from an anonymous sender and reported them to an FBI friend.

Authorities say the location data connected to the e-mails and the e-mail account from which they were sent helped them identify the sender as Petraeus’ biographer — Broadwell. Armed with this information, they were reportedly able to obtain a warrant to search other e-mail accounts Broadwell used, which led to discovery of the affair.

It’s not the first time that Leahy has tried to strengthen privacy protection for e-mail. Last year, he never even got a hearing for the same proposal introduced in the committee that he heads. But this time he’s trying to attach it to a legislative package about video-rental privacy and Netflix that already has momentum.

Leahy’s package (.pdf) would nullify the provision of ECPA that allows the government to acquire a suspect’s e-mail or other stored content from an internet service provider without showing probable cause that a crime was committed, as long as the content has been stored on a third-party server for 180 days or more. Currently, to acquire such data, the government only needs to show, often via an administrative subpoena, that it has “reasonable grounds to believe” the information would be useful in an investigation.

When enacted two decades ago, ECPA provided much more privacy than it does today. The act was adopted at a time when e-mail wasn’t stored on servers for a long time, but instead was held there briefly on its way to a recipient’s inbox. E-mail more than six months old was assumed abandoned.

As technology advanced, more and more people began storing e-mail on cloud servers indefinitely. And Congress has so far been unwilling to change course, despite the Fourth Amendment implications as data storage in the cloud has grown.

Leahy’s measure simply requires authorities to get a probable-cause warrant from a judge to access electronic information. His package has a greater chance of passing this time because the measure is being included in a proposal to amend the Video Privacy Protection Act — which concerns the ability of Netflix customers to more easily display their video preferences and interests on Facebook and other sites and has broad support from legislators.

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Drug charges dropped against Jon Bon Jovi’s daughter

(Reuters) – Drug charges against the daughter of rock star Jon Bon Jovi were dropped on Thursday, a day after she suffered a suspected heroin overdose, officials in New York said.

Oneida County District Attorney Scott D. McNamara said in a statement that Stephanie Bongiovi could not be charged because New York law prohibits the prosecution of people who had overdosed and were in possession of small amounts of drugs.

Bongiovi, 19, was found unresponsive in a dormitory room at Hamilton College in Clinton, New York, early on Wednesday and was later booked on misdemeanor charges of possession of a controlled substance (heroin), marijuana possession and criminal use of drug paraphernalia, which were found in the room.

A message left with the singer’s representative was not immediately returned.

Heroin and marijuana charges against fellow student Ian S. Grant, 21, in connection with Bongiovi’s case were also dropped as a witness or victim to a drug or alcohol overdose cannot be prosecuted in New York.

Bongiovi is the oldest of four children of Bon Jovi and wife Dorothea Hurley.

(Reporting By Eric Kelsey, editing by Jill Serjeant and Andre Grenon)

Celebrity News Headlines – Yahoo! News

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I Was Misinformed: The Time She Tried Viagra

I have noticed, in the bragging-rights department, that “he doesn’t need Viagra” has become the female equivalent of the male “and, I swear, she’s a real blonde.” Personally, I do not care a bit. To me, anything that keeps you happy and in the game is a good thing.

But then, I am proud to say, I was among the early, and from what I gather, rare female users.

It happened when the drug was introduced around 1998. I was 50, but after chemotherapy for breast cancer — and later, advanced ovarian cancer — I was, hormonally speaking, pretty much running on fumes. Whether this had diminished my sex drive I did not yet know. One may have Zorba-esque impulses when a cancer diagnosis first comes in; but a treatment that leaves you bald, moon-faced and exhausted knocks that out of your system pretty fast.

But by 1998, the cancer was gone, my hair was back and I was ready to get back in the game. I was talking to an endocrinologist when I brought up Viagra. This was not to deal with the age-related physical changes I knew it would not address, it was more along the feminist lines of equal pay for equal work: if men have this new sex drug, I want this new sex drug.

“I know it’s supposed to work by increasing blood flow,” I told the doctor, “But if that’s true for men, shouldn’t it be true for women, too?”

“You’re the third woman who asked me that this week,” he said.

He wrote me a prescription. I was not seeing anyone, so I understood that I would have to do both parts myself, but that was fine. I have a low drug threshold and figured it might be best the first time to fly solo. My memory of the directions are hazy: I think there was a warning that one might have a facial flush or headaches or drop dead of a heart attack; that you were to take a pill at least an hour before you planned to get lucky, and, as zero hour approached, you were supposed to help things along by thinking beautiful thoughts, kind of like Peter Pan teaching Wendy and the boys how to fly.

But you know how it is: It’s hard to think beautiful thoughts when you’re wondering, “Is it happening? Do I feel anything? Woof, woof? Hello, sailor? Naaah.”

After about an hour, however, I was aware of a dramatic change. I had developed a red flush on my face; I was a hot tomato, though not the kind I had planned. I had also developed a horrible headache. The sex pill had turned into a bad joke: Not now, honey, I have a headache.

I put a cold cloth on my head and went to sleep. But here’s where it got good: When I slept, I dreamed; one of those extraordinary, sensual, swimming in silk sort of things. I woke up dazed and glowing with just one thought: I gotta get this baby out on the highway and see what it can do.

A few months later I am fixed up with a guy, and after a time he is, under the Seinfeldian definition of human relations (Saturday night date assumed) my official boyfriend. He is middle aged, in good health. How to describe our romantic life with the delicacy a family publication requires? Perhaps a line from “Veronika, der Lenz ist da” (“Veronica, Spring Is Here”), a song popularized by the German group the Comedian Harmonists: “Veronika, der Spargel Wächst” (“Veronica, the asparagus are blooming”). On the other hand, sometimes not. And so, one day, I put it out there in the manner of sport:

“Want to drop some Viagra?” I say.

Here we go again, falling into what I am beginning to think is an inevitable pattern: lying there like a lox, or two loxes, waiting for the train to pull into the station. (Yes, I know it’s a mixed metaphor, but at least I didn’t bring in the asparagus.) So there we are, waiting. And then, suddenly, spring comes to Suffolk County. It’s such a presence. I’m wondering if I should ask it if it hit traffic on the L.I.E. We sit there staring.

My reaction is less impressive. I don’t get a headache this time. And romantically, things are more so, but not so much that I feel compelled to try the little blue pills again.

Onward roll the years. I have a new man in my life, who is 63. He does have health problems, for which his doctor prescribes an E.D. drug. I no longer have any interest in them. My curiosity has been satisfied. Plus I am deeply in love, an aphrodisiac yet to be encapsulated in pharmaceuticals.

We take a vacation in mountain Mexico. We pop into a drugstore to pick up sunscreen and spot the whole gang, Cialis, Viagra, Levitra, on a shelf at the checkout counter. No prescription needed in Mexico, the clerk says. We buy all three drugs and return to the hotel. I try some, he tries some. In retrospect, given the altitude and his health, we are lucky we did not kill him. I came across an old photo the other day. He is on the bed, the drugs in their boxes lined up a in a semi-circle around him. He looks a bit dazed and his nose is red.

Looking at the picture, I wonder if he had a cold.

Then I remember: the flush, the damn flush. If I had kids, I suppose I would have to lie about it.

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DealBook: In a Switch, Investors Are Buying European Bank Bonds

LONDON — European bank debt, once an investment pariah, is suddenly popular.

In recent weeks, money managers have been readily buying the new bonds of the region’s financial institutions, deals that just months ago would have seemed unpalatable. Bank of Ireland, which received a bailout in 2010, sold $1.3 billion of bonds on Tuesday and found strong demand. It was the largest offering by an Irish bank without a government guarantee in almost three years.

The gradual thawing of the capital markets is a good sign for the region’s banks. In the midst of the crisis, institutions, especially in troubled economies like Ireland and Portugal, have been struggling to raise money from private investors. The latest deals will help bolster banks’ capital levels and strengthen their balance sheets.

But the bonds could leave investors exposed, especially given the precarious situation in Europe. The sovereign debt crisis continues to weigh on the economy. The financial markets remain volatile. And profit at the region’s banks is flagging.

“It’s a great time to be issuing high-yield debt but not to be investing in it,” said Robin Doumar, managing partner at the private equity firm Park Square Capital.

For now, bondholders are taking comfort in the policy makers’ response to the sovereign debt crisis.

In late August, the European Central Bank began an unlimited bond-buying program aimed at lowering countries’ borrowing costs and breathing life into local economies. By essentially offering a blank check to help Europe’s troubled governments, policy makers calmed short-term fears that some of the region’s banks might need to be bailed out, reviving interest in the companies’ bonds.

“The biggest driver of demand has been the policy responses from the European Central Bank,” said Melissa Smith, head of European high-grade debt capital markets at JPMorgan Chase in London. “It’s provided stability as policy makers have stated their commitment to preserving the euro zone.”

With interest rates at record lows, European bank debt looks especially appealing to investors.

On Thursday, the British bank Barclays sold $3 billion of 10-year bonds at 7.6 percent. The Portuguese lender Banco Espírito Santo recently issued $958 million worth of debt at 5.9 percent.

By comparison, a 10-year Treasury is paying 1.8 percent. Germany has offered a negative yield on some of its sovereign debt maturities this year.

Even the yields on junk bonds, the risky corporate debt that pays high interest rates, are coming down as investors pile into such securities. The average yield is now just 5.8 percent, according to a Bank of America Merrill Lynch index. Historically, they have paid 10 percent or even more.

“There’s been a huge contraction,” said Robert Ellison, head of European debt capital markets for financial institutions at UBS in London.

The industry has been quick to capitalize on investors’ desperate hunt for returns. Banks in Europe have issued a combined $318 billion of unsecured debt so far this year, almost triple the amount raised by their American counterparts, according to the data provider Dealogic.

The capital markets are being discerning. This year, well-financed companies in Northern Europe, like Nordea Bank of Sweden, have been able to sell the largest lots of bonds at relatively reasonable rates. Smaller banks, particularly in Southern Europe, have had to offer investors better rates to win support for their bond deals.

Even so, it is a stark contrast from almost a year ago. With the capital markets paralyzed, the European Central Bank then had to step in to stabilize the banks, offering $1.3 trillion in short-term, low-cost loans to financial companies.

As they find renewed interest from private investors, European banks can more easily raise money, fortifying their balance sheets in case of unexpected losses. At regulators’ behest, financial institutions in the region have been increasing their capital levels.

But bond investors, in their thirst for yield, may be overlooking signs of potential trouble.

Barclays, for instance, sold a controversial type of debt, known as contingent convertible bonds. With these so-called CoCo bonds, investors can be wiped out if the bank’s capital falls below a certain threshold. While Barclays’ balance sheet is in good shape, bondholders’ willingness to accept such conditions highlights the risks in the market. Traditional bondholders can usually recoup at least some of their principal even if a company goes bankrupt.

At the same time, many European financial institutions are still in fragile shape. The Bank of Ireland, in which the Irish government still has a small stake, is struggling to divest itself of many risky loans that it made before the financial crisis. Portugal’s economy is also expected to contract 3 percent this year, which will probably depress the earnings of Banco Espírito Santo.

The question for investors is whether the reward is worth the risk.

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October home sales hit 3-year high; prices up 17% year over year

Consumer columnist David Lazarus talks with real estate reporter Alejandro Lazo, DataQuick analyst Andrew LePage and Bill McBride of the Calculated Risk blog about the strong October real estate numbers.

Southern California's real estate market bucked the typical fall slowdown last month, with buyers snapping up pricier homes and sales roaring up 18% over the prior month.

Sales hit a three-year high for an October, rising 25% from the same month last year. The median sale price for a Southland house last month was $315,000, equal to September and up 17% from October 2011, according to real estate research firm DataQuick.

A decline in the number of foreclosed homes has caused a shortage of inventory in entry-level neighborhoods, pushing up home prices. Demand from investors also remains strong, with these buyers snapping up a near-record level of homes last month.

"There is a growing appreciation of the fact that we've come to a sort of a point of inflection in the housing market," Stuart Gabriel, director of UCLA's Ziman Center for Real Estate, said. "The housing market, for a large number of factors, is perceived as having turned a corner."

The region's median hit bottom at $247,000 in April 2009 and has slowly crawled its way up since. The median is the point at which half the homes in the area sold for more and half for less.

Quiz: Test your knowledge of business news

The rebound stems from more people chasing fewer homes. Interest rates remain near record-low levels, luring buyers. Investors with cash have poured into the market looking for cheap properties to flip or rent. And foreclosure resales have sunk to a five-year low, tightening the supply of cheap homes.

An estimated 21,075 newly built and previously owned houses and condominiums sold throughout the region last month. Coastal markets saw the biggest increases in sales — though every county posted double-digit gains compared with October last year. Orange County saw the biggest surge, with sales up 41%. Ventura rose 35%, San Diego, 31%, Los Angeles, 25%, San Bernardino, 18% and Riverside 13%.

Absentee buyers — investors and some second-home buyers — snapped up a near-record 28% of homes throughout the Southland last month. These investors paid a median $245,000, a 23% increase from October last year.

A recent report by real estate website Zillow showed that many investors and others are paying market value for foreclosed homes in the region, erasing the discount between foreclosed homes and regular properties. Discounts were marginal on bank-owned homes in September, with the discount in the Inland Empire just 2% and in the Los Angeles area 4% in September, Zillow said.

Bruce Norris, president of Norris Group, an investment company in Riverside that buys foreclosed homes, said he expects prices to increase in coming years as the Obama administration has encouraged banks to curtail foreclosures. That will push up prices, he said.

"It is policy driven," Norris said. "Since the policy is going to continue … you are about to see a pretty substantial price increase within the next two years."

Indeed, the high level of affordability ushered in by the housing crash could erode quickly in California. This week the California Assn. of Realtors reported that homes in the state are getting less affordable as property values rise. The group estimated that 49% of home buyers in the third quarter could afford a median-priced house in California, a decline from 51% last quarter. The rise in prices is offsetting the benefit to home shoppers from low mortgage interest rates.

Christopher Thornberg, a principal at Beacon Economics and one of the first to call attention to the housing bubble, said home shoppers should expect expensive housing in the Golden State for the foreseeable future. The reason: Construction of new homes remains highly expensive for builders.

"Why would it stop?" he said. "The economy is growing. Short of a fiscally led second recession, there is no reason in the world that it's going to do anything but to continue."

The region's lowest-cost areas — often those the most starved for inventory these days — posted the weakest sales numbers last month, according to DataQuick. The number of homes that sold below $200,000 in the region dropped 11% from October last year. Sales in these markets have slowed because of the drop in foreclosures, while increased demand has pushed up prices.

Sales of previously foreclosed-upon homes made up just 16% of the resale market last month, a drop from 17% last month and 33% in October 2011. Foreclosure resales peaked at 57% in February 2009.

In the meantime, sales surged in several mid- and higher-cost neighborhoods throughout Southern California in October, DataQuick said. Sales of homes between $300,000 and $800,000 increased 42% year over year. Sales of homes costing more than $500,000 were up 55% and sales of homes more than $800,000 rose 52%.

Bill McBride, lead writer for the housing blog Calculated Risk, said that with the upswing in prices homeowners are encouraged to keep their homes off the market.

"Why is there no inventory? I ask every real estate agent that, just to hear what they tell me. And they say people don't have enough equity in their homes and so they aren't listing them," McBride said. "That is a solid argument. But I also think the people are sensing that prices are going up and there is no urgency to sell."

alejandro.lazo@latimes.com

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Infinite Jukebox Lets You Listen to 'Call Me Maybe' Forever

By Philippa Warr, Wired UK

A Music Hack Day event in Boston has yielded The Infinite Jukebox — an app that creates infinitely long and ever-changing versions of uploaded tracks.

The Infinite Jukebox is the handiwork of Paul Lamere, director of developer platform for music intelligence company The Echo Nest and the man behind the Infinite Gangnam Style hack at Reykjavik’s Music Hack Day, and extends his previous project to its universal conclusion.

The app uses The Echo Nest analyzer — a music data service — to break the uploaded MP3 into individual beats. These beats can then be checked against one another to find similar-sounding points in the song. When the song is played, beat by beat there is a chance that the track will transition to one of the matched points rather than just playing normally.

Each track generates its own unique visualization that maps the beats around the circumference of a circle and shows possible transition paths between them.

“I was quite pleased at how the visualization turned out,” says Lamere. “I think it does a good job of helping the listener understand what is going on under the hood, and different songs have very different looks and color palettes. They can be quite attractive.”

The Infinite Jukebox works best with songs that have a lot of repetition, as they contain many transition opportunities — hence why we have been listening to “Call Me Maybe” by Carly Rae Jepson for 55 minutes but uploading an audio file of Richard Dreyfuss’ dramatic reading of the iTunes EULA yielded the error message, “Sorry, can’t make an infinite version of the song, it is too varied.”

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NBC names new top producer for ‘Today’

NEW YORK (AP) — NBC News is staying in-house in its effort to turn around the “Today” show.

The network on Wednesday appointed a 23-year veteran of the morning news show as its new executive producer. Don Nash began working for “Today” as a production assistant in NBC’s Burbank office in 1989 and will now run the four-hour broadcast.

Nash was most recently senior broadcast producer in the show’s control room. He replaces Jim Bell, who shifted to NBC Sports to run its Olympics broadcasts.

After nearly two decades of dominance, “Today” has slipped behind ABC’s “Good Morning America” in the ratings.

NBC also added another layer of management for the show, appointing Alexandra Wallace as the network’s executive in charge of the program.

Entertainment News Headlines – Yahoo! News

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Recurring Lyme Disease Symptoms Caused by New Infection, Study Finds

When people who have been treated for Lyme disease recover but later come down with its symptoms again, is the illness a relapse or a new infection?

The question has lingered for years. Now, a new study finds that repeat symptoms are from new infections, not from relapses.

The results challenge the notion, strongly held by some patients and advocacy groups, that Lyme disease, a bacterial infection, has a tendency to resist the usual antibiotic treatment and turn into a chronic illness that requires months or even years of antibiotic therapy.

The conclusion that new symptoms come from new infections is based on genetically fingerprinting the Lyme bacteria in people who have had the illness more than once, and finding that the fingerprints do not match. The result means that different episodes of Lyme in each patient were caused by different strains of the bacteria, and could not have been relapses.

The study, by researchers at the University of Pennsylvania and New York Medical College, in Valhalla, was published online on Wednesday in The New England Journal of Medicine.

An estimated 20,000 to 30,000 cases of Lyme disease occur each year in the United States. The disease is caused by a bacterium, Borrelia burgdorferi, that is carried by deer ticks. It often begins with an expanding zone of red skin — a symptom called erythema migrans — around the tick bite, but sometimes in other areas too. Fever, headaches, fatigue and aches and pains often follow.

Untreated, the disease can cause heart and neurological problems and arthritis, with symptoms that can come and go for years. Advanced cases that have gone months or years before being treated are most likely to result in persistent arthritis.

But when the disease is detected earlier, treatment with an antibiotic, usually two to four weeks of doxycycline, can get rid of the bacteria, according to infectious disease experts. Even advanced cases can be cleared by the drugs, doctors say, though an extra month or so of treatment may be needed. Symptoms like pain and fatigue can linger even after the bacteria are gone, possibly because the infection caused abnormalities in the immune system.

However, some doctors, patients and advocacy groups think that the bacteria themselves can somehow hang on despite treatment, even in cases caught early, and cause a chronic infection that requires long-term treatment with antibiotics. In some cases, people with unexplained pain, fatigue and cognitive problems have been told they had chronic Lyme disease even though blood tests found no evidence of the infection.

Several controlled studies have found that long-term antibiotics did not help people who had already been treated for Lyme disease but had such lingering problems.

Despite the data, the belief has hung on that Lyme disease bacteria can cause a chronic infection even after treatment.

The researchers who conducted the new study wanted to test that idea by finding out whether people who had repeated bouts of the disease were actually having relapses. They identified 17 patients who had erythema migrans — the rash — more than once between 1991 and 2011. Most had it twice, at least a year apart, but a few patients had it three times and one had four cases. Many had other symptoms as well, and more than half had signs of widespread systemic infection. All were treated, and recovered fully.

Lyme bacteria were grown from skin or blood samples taken from the patients when they had the rash, and the researchers analyzed a bacterial gene that varies from one strain to another. For each patient, they compared the genes from different cases of the rash. The genotypes did not match, which the researchers said proved that each rash represented a new infection, not a relapse.

In an editorial accompanying the article, Dr. Allen C. Steere, a Harvard professor who was the first to identify Lyme disease, said the new study supported previous research suggesting that new infections, not relapses, were the cause of new symptoms in people who had taken antibiotics to treat earlier cases of the disease.

Dr. Steere acknowledged that symptoms, sometimes disabling ones, do linger for months after treatment in as many as 10 percent of patients. Doctors do not know why. But, Dr. Steere said, “antibiotics are not the answer.”

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5-Hour Energy Is Cited in 13 Death Reports

Federal officials have received reports of 13 deaths over the last four years that cited the possible involvement of 5-Hour Energy, a highly caffeinated energy shot, according to Food and Drug Administration records and an interview with an agency official.

The disclosure of the reports is the second time in recent weeks that F.D.A. filings citing energy drinks and deaths have emerged. Last month, the agency acknowledged it had received five fatality filings mentioning another popular energy drink, Monster Energy.

Since 2009, 5-Hour Energy has been mentioned in some 90 filings with the F.D.A., including more than 30 that involved serious or life-threatening injuries like heart attacks, convulsions and, in one case, a spontaneous abortion, a summary of F.D.A. records reviewed by The New York Times showed.

The filing of an incident report with the F.D.A. does not mean that a product was responsible for a death or an injury or contributed in any way to it. Such reports can be fragmentary in nature and difficult to investigate.

The distributor of 5-Hour Energy, Living Essentials of Farmington Hills, Mich., did not respond to written questions about the filings, and its top executive declined to be interviewed. Living Essentials is a unit of the product’s producer, Innovation Ventures.

However, in a statement, Living Essentials said the product was safe when used as directed and that it was “unaware of any deaths proven to be caused by the consumption of 5-Hour Energy.”

Since the public disclosure of reports about Monster Energy, its producer, Monster Beverage of Corona, Calif., has repeatedly said that its products are safe, adding that they were not the cause of any of the health problems reported to the F.D.A.

Shares of Monster Beverage, which traded above $80 earlier this year, closed Wednesday at $44.74.

The fast-growing energy drink industry is facing increasing scrutiny over issues like labeling disclosures and possible health risks. Some lawmakers are calling on the F.D.A. to increase its regulation of the products and the New York State attorney general is investigating the practices of several producers.

Unlike Red Bull, Monster Energy and some other energy drinks that look like beverages, 5-Hour Energy is sold in a two-ounce bottle referred to as a shot. The company does not disclose the amount of caffeine in each bottle, but a recent article published by Consumer Reports placed that level at about 215 milligrams.

An eight-ounce cup of coffee, depending on how it is made, can contain from 100 to 150 milligrams of caffeine.

The F.D.A. has stated that it does not have sufficient scientific evidence to justify changing how it regulates caffeine or other ingredients in energy products. The issue of how to do so is complicated by the fact that some high-caffeine drinks, like Red Bull, are sold under agency rules governing beverages, while others, like 5-Hour Energy and Monster Energy, are marketed as dietary supplements. The categories have differing ingredient rules and reporting requirements.

In an interview Wednesday, Daniel Fabricant, the director of the agency’s division of dietary supplement programs, said the agency was looking into the death reports that cited 5-Hour Energy. He said that while medical information in such reports could rule out a link with the product, other reports could contain insufficient information to determine what role, if any, a supplement might have played.

Mr. Fabricant said that the 13 fatality reports that mentioned 5-Hour Energy had all been submitted to the F.D.A. by Living Essentials. Since late 2008, producers of dietary supplements are required to notify the F.D.A. when they become aware of a death or serious injury that may be related to their product.

Currently, the agency does not publicly disclose adverse event filings about dietary supplements like 5-Hour Energy. Companies that market energy drinks as beverages are not required to make such reports to the agency, although they can do so voluntarily, Mr. Fabricant said.

Along with caffeine, 5-Hour Energy contains other ingredients, like very high levels of certain B vitamins and an amino acid called taurine.

Reached by telephone, the chief executive of the Living Essentials, Manoj Bhargava, declined to discuss the filings and said he believed an article about the reports would cast the company in a negative light.

“I am not interested in making any comment,” Mr. Bhargava said.

Subsequently, the company issued a statement that said, among other things, that it took “reports of any potential adverse event tied to our products very seriously,” adding that the company complied “with all of our reporting requirements” to the F.D.A.

The company also stated that it marketed 5-Hour Energy to “hardworking adults who need an extra boost of energy.” The product’s label recommends that it not be used by woman who are pregnant or by children under 12 years of age.

The number of reports filed with the F.D.A. that mention 5-Hour Energy appears particularly striking. In 2010, for example, the F.D.A. received a total of 17 fatality reports that mentioned a dietary supplement or a weight loss product, two broad categories that cover more than 50,000 products, according to Mr. Fabricant, the F.D.A. official.

He added that it was difficult to put the volume of 5-Hour Energy filings into context because he believed that some supplement manufacturers were probably not following the mandated reporting rules and that consumers and doctors might also be unaware that they can file incident reports with the agency. Last year, the F.D.A. received only 2,000 reports about fatalities or serious injuries that cited dietary supplements and weight loss products, he said.

Another federal agency, the Substance Abuse and Mental Health Services Administration, reported late last year that more than 13,000 emergency room visits in 2009 were associated with energy drinks alone.

Along with Living Essentials, The Times sent queries last week to several producers asking whether they had received reports linking fatalities or serious injuries to their products.

Representatives for two of those companies — Red Bull and Coca-Cola, which sells NOS and Full Throttle — said they were unaware of any such reports. A representative for PepsiCo, which makes Amp, also said it was unaware of any such reports.

In addition to Red Bull, NOS, Full Throttle and Amp are also marketed as beverages, rather than as dietary supplements.

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Kupchak: If Phil Jackson hadn't hesitated he might be Lakers coach

History could have been different if Phil Jackson had said he was ready to coach the Lakers while meeting informally with two team executives on Saturday morning.

He might be the Lakers' coach right now, Lakers General Manager Mitch Kupchak said Tuesday.

"We would have gone back immediately and gone back and holed up with Dr. [Jerry] Buss and decided what we were going to do that day," Kupchak said.

Instead, Jackson asked Kupchak and team executive Jim Buss for two more days to think about a return after an 18-month layoff. The Lakers waited about 30 hours, didn't hear from him, and decided to hire Mike D'Antoni on Sunday night.

"There was no agreement to wait for [Jackson's] response on Monday," Kupchak said. "He told us that's when he would get back to us. I could see where he might interpret that as 'You guys would wait for me.' But I thought when I said I had to go on and interview other candidates that it was clear I had a job to do."

The Lakers interviewed D'Antoni by phone Saturday afternoon not long after meeting with Jackson at his Playa del Rey home. D'Antoni could not fly to Los Angeles last weekend because of recent knee-replacement surgery.

The Lakers hired D'Antoni mainly because of his high-flying offense. "He plays the way we see our team playing and our personnel executing," Kupchak said.

Kupchak himself wasn't sold on meshing Jackson's share-the-ball triangle offense with the Lakers' present-day roster. "I know the triangle," he said. "Obviously I wasn't convinced."

The Lakers decided to hire D'Antoni at 6 p.m. Sunday, half an hour before they tipped off against Sacramento at Staples Center.

Negotiations took some time, and then an unexpected electronic gaffe delayed the process once the sides agreed to a three-year, $12-million contact with a team option for a fourth year.

D'Antoni's fax machine was not working properly and could not transmit his signed contract back to the Lakers, according to a team spokesman. Finally, by 11:30 p.m. Sunday, the Lakers officially had a new coach, hiring D'Antoni despite the "We Want Phil!" chants by Lakers fans at Staples Center.

Kupchak acknowledged the "groundswell of support" for Jackson, who had the popular vote from the fans and received positive reviews from Kobe Bryant, Steve Nash and Dwight Howard, though Bryant and Nash also endorsed D'Antoni.

"There was a lot of pressure to seriously consider bringing Phil back," Kupchak said. "We sorted through the PR backlash and decided that we ultimately could withstand it."

They still had to withstand one other thing. They had to call Jackson on Sunday near midnight. He was sleeping.

"In those kind of situations, there's not a lot of small talk," Kupchak said. "He was very complimentary of Mike under the circumstances. I just told him . . . that we just felt the present makeup of the team and the kind of basketball we wanted to play going forward, we just felt that Mike D'Antoni was the choice.

"I didn't look forward to calling somebody at midnight to tell him that he's not going to get a job that he might or might not accept," Kupchak said. "But the only other thing I could do was wait until Monday morning and that would have been worse."

Jackson told The Times on Monday that the midnight phone call seemed "slimy."

"I wish it would have been a little bit cleaner," he said. "It would have been much more circumspect and respectful of everybody that's involved. It seemed slimy to be awoken with this kind of news. It's just weird."

Kupchak confirmed what was already stated by Jackson to The Times — salary wasn't discussed in their Saturday morning meeting. Neither was the concept of Jackson missing games on the road.

Jackson told Jim Buss and Kupchak he wanted the same communication between them on personnel decisions that he held in his second tenure with the team from 2005-11.

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