UCLA's Shabazz Muhammad cleared by NCAA, eligible to compete now

UCLA freshman Shabazz Muhammad is eligible to play for the Bruins men's basketball immediately, the NCAA announced Friday when it reinstated him after hearing an appeal from the university.

Muhammad, a 6-foot-6 swingman listed by many as the nation’s top high school recruit last year, will travel with UCLA to New York on Saturday for its games in the Legends Classic tournament, and he's expected to make his college debut Monday when the No. 13 Bruins (3-0) play Georgetown (2-0).

“I am excited to be able to play for UCLA starting next Monday," Muhammad said in a statement.

"My family and friends were very supportive of me throughout this process and I couldn’t have gone through this without them.”

The 5 p.m. PST game will be held at the Barclays Center in Brooklyn and will be televised on ESPN2. 

"Look out New York City," said Bill Trosch, the attorney for the Muhammad family.

The Las Vegas native has yet to play for the Bruins this season after the NCAA declared him ineligible on Nov. 9 for violating its amateurism rules following an investigation that spanned more than a year.

“I am relieved that this long, arduous process has come to an end," UCLA Coach Ben Howland said in a statment. "So many people worked very hard on this case and I am eternally grateful to them as well as the Bruin family, who stood by us throughout. I am pleased that Shabazz will be able to begin his collegiate career.” 

Said Trosch: "There were many times during the investigation that my faith in the NCAA wavered. I understand the NCAA’s ruling, and am grateful that they have done the right thing, allowing Shabazz back on the court."

In its Nov. 9 ruling, the NCAA said that in addition to other "pending issues," Muhammad accepted airfare and lodging for three unofficial recruiting visits. The visits, to Duke and North Carolina, were paid for by financial advisor Benjamin Lincoln.

The Muhammad family has said Lincoln is a longtime family friend whose assistance should be allowed under NCAA rules.

The school and NCAA enforcement agreed on the facts of the case, and therefore it was determined by the NCAA that Muhammad couldn’t play in UCLA's season opener against Indiana State, said a person with knowledge of the situation who is not allowed to speak publicly about it.

But UCLA disagreed that a violation occurred and formally appealed the NCAA’s decision earlier this week.

The NCAA appeals committee had a hearing Friday with UCLA and, after several hours, a decision was rendered. 

In a statement, the NCAA said that UCLA acknowledged amateurism violations occurred and asked the NCAA on Friday to reinstate Muhammad with conditions.

The school required Muhammad to sit 10% of the season (three games) and to repay about $1,600 in impermissible benefits, the approximate cost of the three unofficial trips paid for by Lincoln.

But because Muhammad has already sat out three games, he has served his suspension and is eligible to compete immediately.

"I’m delighted that Shabazz can join the team on Monday and hopefully will have a successful season with UCLA," said Robert Orr, Muhammad's attorney. "I’m appreciative of the tenacious effort by the UCLA administration to try and help Shabazz in this. They’re to be commended for all they’ve done."

UCLA Athletic Director Dan Guerrero said the Bruins family is "extremely grateful" the matter is over.

"This entire process has been challenging on many fronts, but we believe strongly in the principles of fairness, integrity and due process," he said in a statement.

"We are satisfied with the outcome and pleased that Shabazz will be able to join his teammates on the floor, representing UCLA in Brooklyn on Monday night.” 

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So You Want in on the Music Biz? Fred Wilson Has 4 Things to Tell You

Not only is Union Square Ventures partner Fred Wilson the godfather of the New York startup scene, he also loves music. So who better than this self-proclaimed music nut to talk about the future of music and technology, and how companies straddling both have a shot at making money.

At the Billboard FutureSound conference in San Francisco this week, Wilson laid out four guiding principals for would-be music moguls. All you Russell Simmons wannabes, here you go.

1. It’s more expensive than you think, and it takes longer than you want.

Unlike a typical software startup that can get up and running with $500,000, music startups often need at least $5 million and up to $20 million just to get started, says Wilson. Much of that money goes towards licensing music content from the copyright holder, which is usually a record label. “The startup costs for a legal and legitimate music service are extremely high relative to any other sector,” he says. Translation: VCs have plenty of other cheap sectors to go hunting for promising startups, so funding for music startups is hard to come by.

Union Square Ventures‘ two music plays are group listening service Turntable.fm and social MP3 sharing site SoundCloud, both of which received sizable rounds from the firm. Turntable.fm has raised $7 million from Union Square and others, and SoundCloud banked $10 million in its Wilson-led second round of funding.

Unlike many web-based startups (mobile and otherwise), which latch on to massive distribution platforms offered by Facebook, Google and Apple, music streaming or discovery services can’t go global on day one because of copyright protections and country-specific licensing contracts.

Turntable.fm learned that lesson the hard way. When the service launched in 2011 it blew up thanks to its slick design and mobile-friendly approach. But the startup quickly learned that it was illegally offering music to overseas listeners. It immediately shut off service to international customers, and two-thirds of its users disappeared. The company is now hammering agreements with individual countries and record labels to stream music legally, but it’s going to be a long and tedious process, says Wilson.

2. No matter how many users you have, massive valuations are fleeting if you can’t make money – even if you are Spotify and Pandora.

Spotify recently banked $100 million from Goldman Sachs, valuing the company at $3 billion. Even though Pandora has been trading down 46 percent from its 2011 debut, the company still has a $1.21 billion market cap. But those valuations will disappear if neither company can stem their operating losses, and fast, says Wilson.

A PrivCo report shows that while Spotify earned $244 million in revenue during 2011, the company lost $60 million in the same period. Even though a leaked report says that Spotify’s revenue could double in 2012, if the company losses keep climbing, Wilson says Spotify’s value won’t stay in the billions forever. “Spotify is probably not worth $3 billion,” he says. “It might be worth something, someday to someone, but if they still can’t figure how to make money, they’ll lose.”

Pandora faces the same struggle as Spotify, trying to get users, not advertisers, to pay for its service. For the second quarter of its 2013 fiscal year, the company booked $101.3 million in revenue, but lost $5.4 million. Though its advertising revenue remains strong at $89.4 million, it is having a hard time converting freeloading listeners into paid subscribers, despite its own ad attempts. “Pandora will not be worth billions for long if they are losing money,” Wilson says.

3. That said, Pandora has the right idea. Advertising dollars will move increasingly to internet radio, and artists will start to make money from their music.

FM radio advertising is a $17 billion market, and Wilson believes that as Internet radio services like Pandora, Songza, and Rdio take the place of traditional broadcast, those ad dollars will move online. That’s good for online radio streaming startups, but even better for the artists whose music is played over these apps and websites.

When a song is played on the radio, the artists gets a royalty. But to play a song over Rdio or Pandora, those companies must pay licensing costs and higher royalties, which go right back to the artists. Pandora has said that it pays out $1 million to Adele, Coldplay, and others.

Wilson is optimistic that as more music enthusiasts ditch radios for apps, more money will find its way to artists. That might be the case for radio apps now, but that could easily change as Pandora has been looking for ways to reduce its royalty costs. The company recently sued the American Society for Composers, Authors and Publishers, a major royalty collection agency, seeking lower licensing fees. Pandora is also lobbying Congress to pass the Internet Radio Fairness Act to bring down it’s licensing costs, a piece of legislation that many artists oppose.

4. Selling virtual goods might be a better business than selling music.

Wilson would be remiss to not plug his own investment in Turntable.fm during his keynote. If you’re not familiar with the service, users create themed music rooms, like “I Love the 80s” or “Indiescribable,” which they join as a virtual DJ. Others join the room as listeners, and influence which songs are played based on a thumbs-up/thumbs-down voting system. Too many down-votes will force the song to skip to a new one on the playlist, but up-votes earn you “DJ points,” credits you can use to unlock new avatars.

Turntable.fm doesn’t charge its users for a subscription and doesn’t serve ads. Though it’s not bringing in revenue right now, there is talk of charging for DJ points, so anyone can get a little bit of cred without getting up on the virtual DJ platform.

While that will surely vex some current Turntable.fm users, charging for virtual goods might be the next big revenue-earning tool for music businesses. “Ads can carry a lot of the load, but not all,” says Wilson. “Turntable.fm’s virtual goods model could work well as a new revenue stream for other music businesses.”

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Robert Pattinson looks for danger after “Twilight”

LOS ANGELES (Reuters) – Robert Pattinson has set young hearts aflutter as the teen vampire Edward Cullen in the “Twilight Saga” films, but as the sun sets on the franchise that launched his career, the actor is looking for more grown-up and “dangerous” roles.

“Breaking Dawn – Part 2,” released this week, is the fifth and final in the series, and Edward’s character shifts from brooding, tormented lover to a contented husband and father who must protect his family from an ancient vampire clan.

But Pattinson, 26, still has those rakish good looks that drew a screaming fan base and made him a tabloid fixture. While the avid fan excitement around the “Twilight” series overwhelms him, the British actor hopes his audience will follow him as he moves on.

“It’s all about control. Now, I don’t feel like I have any control whatsoever,” he told Reuters with a laugh.

“They’re a very ardent fan base, so to figure out a way to harness that vehement audience, it’s definitely an important thing.”

Pattinson became a pinup as the angst-ridden Edward, but said he wasn’t worried he might be typecast as the perpetual brooding hero. “I’m not particularly brooding in my real life,” he said.

The actor has already been laying the ground for a career beyond “Twilight.” He played a 19th century French gigolo in “Bel Ami” and a billionaire with an existential crisis in David Cronenberg‘s “Cosmopolis,” although both films fared poorly at the box office earlier this year.

Next up is a drama, “Map to the Stars,” again with Cronenberg, and “The Rover,” a Western-style action movie set in the Australian desert.

“Everything I’ve signed up for now is very physical, because I feel like I’ve done quite a few things where I’m quite still. I’m trying to find people that are doing things that feel dangerous,” Pattinson said.

ROMANCE ON AND OFF SCREEN

Away from the series with its apple motif, symbolizing forbidden love, Pattinson’s fame has also been fueled by his off-screen romance with “Twilight” co-star Kristen Stewart, 22, who plays Bella Swan.

Their relationship was thrust into the spotlight in the summer when Stewart publicly admitted she had an affair with her married “Snow White and the Huntsman” director, Rupert Sanders.

The actress apologized in a rare, heartfelt public statement but the affair shocked “Twilight” fans. Pattinson and Stewart have since reconciled, and the paparazzi have spotted them together, but they have stayed mum on their relationship.

“I just try and avoid it,” Pattinson said when asked about the scrutiny of his personal life.

“I don’t think it’s good in terms of a career as an actor. I think being in gossip magazines – I don’t like the whole industry, I think it’s a lazy industry, and it’s a weird media consumer culture,” the actor said.

“(Success) is so much based on luck as an actor. No one knew that the audience would connect to the ‘Twilight’ series the way that they did … it’s just luck, you’ve got to do the things that interest you.”

For now, Pattinson is coming to terms with saying goodbye to the franchise.

“It sounds cheesy, but it’s been such a life-changing experience where you share a bond with people, it’s weird. I remember hearing about ‘Lord of the Rings,’ they all got tattoos … that’d be so funny, maybe we could get a little apple, a ‘tramp stamp’ with an apple,” the actor mused, laughing.

(Reporting by Piya Sinha-Roy, Editing by Jill Serjeant, Gary Hill)

Celebrity News Headlines – Yahoo! News

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Personal Health: Quitting Smoking for Good

Few smokers would claim that it’s easy to quit. The addiction to nicotine is strong and repeatedly reinforced by circumstances that prompt smokers to light up.

Yet the millions who have successfully quit are proof that a smoke-free life is achievable, even by those who have been regular, even heavy, smokers for decades.

Today, 19 percent of American adults smoke, down from more than 42 percent half a century ago, when Luther Terry, the United States surgeon general, formed a committee to produce the first official report on the health effects of smoking. Ever-increasing restrictions on where people can smoke have helped to swell the ranks of former smokers.

Now, however, as we approach the American Cancer Society’s 37th Great American Smokeout on Thursday, the decline in adult smoking has stalled despite the economic downturn and the soaring price of cigarettes.

Currently, 45 million Americans are regular smokers who, if they remain smokers, can on average expect to live 10 fewer years. Half will die of a tobacco-related disease, and many others will suffer for years with smoking-caused illness. Smoking adds $96 billion to the annual cost of medical care in this country, Dr. Nancy A. Rigotti wrote in The Journal of the American Medical Association last month. Even as some adult smokers quit, their ranks are being swelled by the 800,000 teenagers who become regular smokers each year and by young adults who, through advertising and giveaways, are now the prime targets of the tobacco industry.

People ages 18 to 25 now have the nation’s highest smoking rate: about 34 percent counted in the National Survey on Drug Use and Health in 2010 reported smoking cigarettes in the previous month. I had to hold my breath the other day as dozens of 20-somethings streamed out of art gallery openings and lighted up. Do they not know how easy it is to get hooked on nicotine and how challenging it can be to escape this addiction?

Challenging, yes, but by no means impossible. On the Web you can download a “Guide to Quitting Smoking,” with detailed descriptions of all the tools and tips to help you become an ex-smoker once and for all.

Or consult the new book by Dr. Richard Brunswick, a retired family physician in Northampton, Mass., who says he’s helped hundreds of people escape the clutches of nicotine and smoking. (The printable parts of the book’s provocative title are “Can’t Quit? You Can Stop Smoking.”)

“There is no magic pill or formula for beating back nicotine addiction,” Dr. Brunswick said. “However, with a better understanding of why you smoke and the different tools you can use to control the urge to light up, you can stop being a slave to your cigarettes.”

Addiction and Withdrawal

Nicotine beats a direct path to the brain, where it provides both relaxation and a small energy boost. But few smokers realize that the stress and lethargy they are trying to relieve are a result of nicotine withdrawal, not some underlying distress. Break the addiction, and the ill feelings are likely to dissipate.

Physical withdrawal from nicotine is short-lived. Four days without it and the worst is over, with remaining symptoms gone within a month, Dr. Brunswick said. But emotional and circumstantial tugs to smoke can last much longer.

Depending on when and why you smoke, cues can include needing a break from work, having to focus on a challenging task, drinking coffee or alcohol, being with other people who smoke or in places you associate with smoking, finishing a meal or sexual activity, and feeling depressed or upset.

To break such links, you must first identify them and then replace them with other activities, like taking a walk, chewing sugar-free gum or taking deep breaths. These can help you control cravings until the urge passes.

If you’ve failed at quitting before, try to identify what went wrong and do things differently this time, Dr. Brunswick suggests. Most smokers need several attempts before they can become permanent ex-smokers.

Perhaps most important is to be sure you are serious about quitting; if not, wait until you are. Motivation is half the battle. Also, should you slip and have a cigarette after days or weeks of not smoking, don’t assume you’ve failed and give up. Just go right back to not smoking.

Aids for Quitting

Many if not most smokers need two kinds of assistance to become lasting ex-smokers: psychological support and medicinal aids. Only about 4 percent to 7 percent of people are able to quit smoking on any given attempt without help, the cancer society says.

All 50 states and the District of Columbia have free telephone-based support programs that connect would-be quitters to trained counselors. Together, you can plan a stop-smoking method that suits your smoking pattern and helps you avoid common pitfalls.

Online support groups and Nicotine Anonymous can help as well. To find a group, ask a local hospital or call the cancer society at (800) 227-2345. Consider telling relatives and friends about your intention to quit, and plan to spend time in smoke-free settings.

More than a dozen treatments can help you break the physical addiction to tobacco. Most popular is nicotine replacement therapy, sold both with and without a prescription. The Food and Drug Administration has approved five types: nicotine patches of varying strengths, gums, sprays, inhalers and lozenges that can curb withdrawal symptoms and help you gradually reduce your dependence on nicotine.

Two prescription drugs are also effective: an extended-release form of the antidepressant bupropion (Zyban or Wellbutrin), which reduces nicotine cravings, and varenicline (Chantix), which blocks nicotine receptors in the brain, reducing both the pleasurable effects of smoking and the symptoms of nicotine withdrawal. Combining a nicotine replacement with one of these drugs is often more effective than either approach alone.

Other suggested techniques, like hypnosis and acupuncture, have helped some people quit but lack strong proof of their effectiveness. Tobacco lozenges and pouches and nicotine lollipops and lip balms lack evidence as quitting aids, and no clinical trials have been published showing that electronic cigarettes can help people quit.

The cancer society suggests picking a “quit day”; ridding your home, car and workplace of smoking paraphernalia; choosing a stop-smoking plan, and stocking up on whatever aids you may need.

On the chosen day, keep active; drink lots of water and juices; use a nicotine replacement; change your routine if possible; and avoid alcohol, situations you associate with smoking and people who are smoking.

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This post has been revised to reflect the following correction:

Correction: November 16, 2012

An earlier version of this column stated imprecisely the rate of smoking among young adults. According to the National Survey on Drug Use and Health, in 2010 about 34 percent of people ages 18 to 25 smoked cigarettes in the month before the survey -- not daily. (About 16 percent of them reported smoking daily, according to the survey.)

This post has been revised to reflect the following correction:

Correction: November 14, 2012

An earlier version of this column misstated the rate of smoking among young adults. According to the National Survey on Drug Use and Health, in 2010 about 34 percent of people ages 18 to 25 smoked cigarettes, not 40 percent. (That is the share of young adults who use tobacco products of any kind, according to the survey.)

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2 Banks Settle With S.E.C. on Mortgage Securities

JPMorgan Chase and Credit Suisse have agreed to settlements with the Securities and Exchange Commission totaling $417 million over their packaging and sale of troubled mortgage securities to investors, the agency said Friday. The settlements are the latest major penalties extracted by the agency in a broad investigation into the way Wall Street firms bundled mortgages into complex investments before the financial crisis.

The S.E.C. has leveled claims against a handful of major banks, including JPMorgan and Credit Suisse, that they painted a deceptively rosy portrait of the securities while some of the underlying loans were already showing signs of delinquency.

Robert Khuzami, director of the S.E.C.’s Division of Enforcement, called mortgage products like those sold by the banks “ground zero in the financial crisis” in a statement Friday. The S.E.C. cautioned Wall Street to brace itself for more enforcement actions.

While the S.E.C. has brought more than 100 cases related to the financial crisis, the agency has won only piecemeal victories against the banks, and has not yet secured a big victory against any individuals responsible for some of the reckless behavior. In a significant setback for the agency, a federal jury in August acquitted a Citigroup manager whom the S.E.C. had accused of misleading investors in the sale of a complex security made up of residential mortgages.

Mr. Khuzami on a conference call Friday acknowledged the challenge of bringing cases against individuals related to “structured” financial products, but noted that “we are by no means are shying away from charging individuals.”

JPMorgan and Credit Suisse did not admit or deny guilt. JPMorgan agreed to pay $296.9 million to settle the charges and Credit Suisse agreed to pay $120 million.

The S.E.C. brought the cases in conjunction with the federal-state mortgage task force, which President Obama created in January to investigate the subprime mortgage morass. In its first major salvo against banks, the group sued JPMorgan last month. That federal lawsuit is still pending.

Separately, the federal regulator that oversees the housing finance giants Fannie Mae and Freddie Mac filed lawsuits against 17 financial firms last year over nearly $200 billion in mortgage-backed securities that imploded after the loans soured.

Legal wrangling over Wall Street’s behavior during the housing boom has targeted virtually every step in the process, from making loans to borrowers with tarnished credit to the sale of securities engineered with the subprime loans. As a result of the mortgage-litigation storm, banks have had to set aside billions of dollars to deal with claims from investors and regulators.

The S.E.C.’s investigation into JPMorgan included creating troubled securities itself, as well as misleading investors through its Bear Stearns unit, the troubled investment bank it purchased at the urging of the federal government in 2008.

In a December 2006 sale of $1.8 billion of mortgage-backed securities, JPMorgan played down delinquency rates of the mortgages used as collateral in the securities, according to the S.E.C. Despite assurances by JPMorgan that only .04 percent of the loans were more than 30 days delinquent, roughly 7 percent of the loans were troubled, the agency said. While the bank reaped $2.7 million as part of the deal, investors didn’t fare as well, losing at least $37 million, according to the S.E.C.

The S.E.C. also faulted Bear Stearns for pocketing compensation it received from mortgage lenders for shoddy loans that the firm had purchased to package into mortgage securities. Bear Stearns, the agency claimed, never passed that money on to investors in the securities. As a result, Bear Stearns received $137.8 million, the agency said Credit Suisse was also accused of keeping roughly $55.7 million in such payments from investors. The Swiss bank was also faulted by the agency for misstating when it would buy back mortgages if homeowners fell behind on their payments.

In a statement Friday, JPMorgan said that it was pleased to “put these matters” behind it. Credit Suisse also expressed relief, noting that the bank was “committed to the highest standards of integrity and regulatory compliance in all its businesses.”

The S.E.C. said it would distribute the money to investors harmed by banks’ practices.

Despite the settlement, JPMorgan is still dogged by mortgage-related headaches. The mortgage task force case filed last month by the New York attorney general, Eric Schneiderman, asserted that Bear Stearns sold securities between 2006 and 2007 that caused roughly $22.5 billion in lossesfor investors.

In another mortgage feud, JPMorgan is one of the 17 firms that the Federal Housing Finance Agency claims sold shoddy loans to the government without adequately disclosing the risks. In court filings, JPMorgan has pushed for the lawsuit to be thrown out.

Beyond the government actions, JPMorgan and other Wall Street banks face an onslaught of battles with private investors. Dexia, a Belgian-French bank, for example, sued JPMorgan in federal court in Manhattan over $1.6 billion in troubling mortgage-backed securities bought from Bear Stearns and Washington Mutual.

In a statement Friday, Kenneth Lench, who is the head of the S.E.C.’s enforcement division’s structured and new products unit, said “these actions demonstrate that we intend to hold accountable those who misled investors through poor disclosures in the sale of RMBS (residential mortgage backed securities) and other financial products commonly marketed and sold during the financial crisis.” He added: “Our efforts in that regard continue.”

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Investigators find major flaws in L.A. Fire Department data

A long-awaited review of the Los Angeles Fire Department found the agency relied on inaccurate data, which provided the public with an erroneous portrait of the department’s performance that was used to make critical staffing decisions.

“All prior reporting data should not be relied upon until they are properly recalculated and validated,” the task force appointed by Fire Chief Brian Cummings concluded.

While the Fire Department has acknowledged some mistakes in its data, the 32-page report found more widespread problems and delves more deeply into a series of factors that contributed to the faulty figures. Among other things, the experts found systemic flaws in a 30-year-old computerized dispatch network and a lack of adequate training for firefighters assigned to complex data analysis.

INTERACTIVE: Check response times in your L.A. neighborhood

The probe was launched after department officials acknowledged earlier this year that LAFD performance reports released to City Hall leaders and the public made it appear rescuers were getting to emergencies faster than they actually were.

The task force report, scheduled to be discussed Tuesday by the Fire Commission, said the department has corrected the computer-system flaws that led to the inaccurate figures.

“The No. 1 goal was to restore confidence in the Fire Department's statistics in the eyes of the public and city leaders,” said Fire Commissioner Alan Skobin, who helped oversee the report. “We now have the ability to identify and pull out accurate data.”

Still, the report paints a picture of a department woefully behind in using technology to help speed up emergency responses and improve efficiency by analyzing thousands of dispatch records that churn through the department's computer system each day.

The report recommends installing GPS devices on fire units so dispatchers know their location at all times, an upgrade that has been discussed since at least 2009. That could ensure that the closest rescuers are sent to those in need.

The task force also said upgrades or replacement of the aging computer system at the heart of dispatch operations may be needed, as well as hiring professional analysts to scrutinize the data.

Some money has been set aside to help pay for the GPS upgrade and the dispatch system changes. But whether all the changes raised in the report could be funded is unclear, given that the LAFD already is projected to run a $5.2-million deficit in its current budget.

The report’s findings in some ways parallel recent probes by City Controller Wendy Greuel and Jeffrey Godown, an expert brought in by Mayor Antonio Villaraigosa as questions grew about the department’s performance figures.

The task force includes members of the chief’s own staff, as well as experts from USC, the RAND Corp. and the Los Angeles Police Department’s COMPSTAT unit, which is recognized for its crime data analysis.

Indeed, the Fire Department hopes to roll out its own version of the LAPD’s data-reporting system, called FIRESTATLA. It would allow managers, elected officials and the public access to regularly updated reports on detailed response times and other statistics by neighborhood, Skobin said. The new system is estimated to cost up to $500,000, he said.

In March, fire officials acknowledged that they had changed the way in which they evaluated response times without telling the public or city officials. Their method made it appear that crews surpassed national standards more frequently than they actually did.

Those faulty statistics were used by Cummings and other top fire officials to push for a new cost-cutting deployment plan that shut down firetrucks and ambulances at more than one-fifth of the city's 106 firehouses. Cummings initially defended the department’s data when questions arose about its accuracy.

Later, he acknowledged that yet another set of numbers used in reports on the proposed deployment changes were projections, not actual response times. Some council members said they might not have voted for the budget cuts had they been aware that projections were used.

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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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