Aaron Swartz, Internet Activist, Dies at 26





Aaron Swartz, a wizardly programmer who as a teenager helped develop code that delivered ever-changing Web content to users and who later became a steadfast crusader to make that information freely available, was found dead on Friday in his New York apartment.




An uncle, Michael Wolf, said that Mr. Swartz, 26, had apparently hanged himself, and that a friend of Mr. Swartz’s had discovered the body.


At 14, Mr. Swartz helped create RSS, the nearly ubiquitous tool that allows users to subscribe to online information. He later became an Internet folk hero, pushing to make many Web files free and open to the public. But in July 2011, he was indicted on federal charges of gaining illegal access to JSTOR, a subscription-only service for distributing scientific and literary journals, and downloading 4.8 million articles and documents, nearly the entire library.


Charges in the case, including wire fraud and computer fraud, were pending at the time of Mr. Swartz’s death, carrying potential penalties of up to 35 years in prison and $1 million in fines.


“Aaron built surprising new things that changed the flow of information around the world,” said Susan Crawford, a professor at the Cardozo School of Law in New York who served in the Obama administration as a technology adviser. She called Mr. Swartz “a complicated prodigy” and said “graybeards approached him with awe.”


Mr. Wolf said he would remember his nephew, who had written in the past about battling depression and suicidal thoughts, as a young man who “looked at the world, and had a certain logic in his brain, and the world didn’t necessarily fit in with that logic, and that was sometimes difficult.”


The Tech, a newspaper of the Massachusetts Institute of Technology, reported Mr. Swartz’s death early Saturday.


Mr. Swartz led an often itinerant life that included dropping out of Stanford, forming companies and organizations, and becoming a fellow at Harvard University’s Edmond J. Safra Center for Ethics.


He formed a company that merged with Reddit, the popular news and information site. He also co-founded Demand Progress, a group that promotes online campaigns on social justice issues — including a successful effort, with other groups, to oppose a Hollywood-backed Internet piracy bill.


But he also found trouble when he took part in efforts to release information to the public that he felt should be freely available. In 2008, he took on PACER, or Public Access to Court Electronic Records, the repository for federal judicial documents.


The database charges 10 cents a page for documents; activists like Carl Malamud, the founder of public.resource.org, have long argued that such documents should be free because they are produced at public expense. Joining Mr. Malamud’s efforts to make the documents public by posting legally obtained files to the Internet for free access, Mr. Swartz wrote an elegant little program to download 20 million pages of documents from free library accounts, or roughly 20 percent of the enormous database.


The government shut down the free library program, and Mr. Malamud feared that legal trouble might follow even though he felt they had violated no laws. As he recalled in a newspaper account, “I immediately saw the potential for overreaction by the courts.” He recalled telling Mr. Swartz: “You need to talk to a lawyer. I need to talk to a lawyer.”


Mr. Swartz recalled in a 2009 interview, “I had this vision of the feds crashing down the door, taking everything away.” He said he locked the deadbolt on his door, lay down on the bed for a while and then called his mother.


The federal government investigated but did not prosecute.


In 2011, however, Mr. Swartz went beyond that, according to a federal indictment. In an effort to provide free public access to JSTOR, he broke into computer networks at M.I.T. by means that included gaining entry to a utility closet on campus and leaving a laptop that signed into the university network under a false account, federal officials said.


Mr. Swartz turned over his hard drives with 4.8 million documents, and JSTOR declined to pursue the case. But Carmen M. Ortiz, a United States attorney, pressed on, saying that “stealing is stealing, whether you use a computer command or a crowbar, and whether you take documents, data or dollars.”


Founded in 1995, JSTOR, or Journal Storage, is nonprofit, but institutions can pay tens of thousands of dollars for a subscription that bundles scholarly publications online. JSTOR says it needs the money to collect and to distribute the material and, in some cases, subsidize institutions that cannot afford it. On Wednesday, JSTOR announced that it would open its archives for 1,200 journals to free reading by the public on a limited basis.


Mr. Malamud said that while he did not approve of Mr. Swartz’s actions at M.I.T., “access to knowledge and access to justice have become all about access to money, and Aaron tried to change that. That should never have been considered a criminal activity.”


Mr. Swartz did not talk much about his impending trial, Quinn Norton, a close friend, said on Saturday, but when he did, it was clear that “it pushed him to exhaustion. It pushed him beyond.”


Recent years had been hard for Mr. Swartz, Ms. Norton said, and she characterized him “in turns tough and delicate.” He had “struggled with chronic, painful illness as well as depression,” she said, without specifying the illness, but he was still hopeful “at least about the world.”


Cory Doctorow, a science fiction author and online activist, posted a tribute to Mr. Swartz on BoingBoing.net, a blog he co-edits. In an e-mail, he called Mr. Swartz “uncompromising, principled, smart, flawed, loving, caring, and brilliant.”


 “The world was a better place with him in it,” he said.


Mr. Swartz, he noted, had a habit of turning on those closest to him: “Aaron held the world, his friends, and his mentors to an impossibly high standard — the same standard he set for himself.” Mr. Doctorow added, however, “It’s a testament to his friendship that no one ever seemed to hold it against him (except, maybe, himself).”


In a talk in 2007, Mr. Swartz described having had suicidal thoughts during a low period in his career. He also wrote about his struggle with depression, distinguishing it from sadness.


“Go outside and get some fresh air or cuddle with a loved one and you don’t feel any better, only more upset at being unable to feel the joy that everyone else seems to feel. Everything gets colored by the sadness.”


When the condition gets worse, he wrote, “you feel as if streaks of pain are running through your head, you thrash your body, you search for some escape but find none. And this is one of the more moderate forms.”


Ravi Somaiya contributed reporting.



This article has been revised to reflect the following correction:

Correction: January 12, 2013

An earlier version of this article incorrectly identified the police who arrested Mr. Swartz, and when they did so. The police were from Cambridge, Mass., not the Massachusetts Institute of Technology campus force, and the arrest occurred two years before Mr. Swartz’s suicide, but not two years to the day.



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Thousands of Russians Rally Against Adoption Ban





MOSCOW – Thousands of Russians marched on Sunday in condemnation of the Russian Parliament’s move to ban adoption of Russian children by American families, an event dubbed a “March Against Scoundrels,” where participants chanted, “Take your hands off children,” and carried posters showing the faces of lawmakers stamped with the word “Shame.”




Mr. Putin approved the adoption ban in late December, as part of a broader law retaliating against the United States for the so-called Magnitsky Act, an effort to punish Russian officials accused of human rights violations.


Russian leaders have complained bitterly for years about light sentences handed down in cases where American adoptive parents abused or neglected children adopted from Russia, and named the ban after Dmitri Yakovlev, a toddler who died of heatstroke in Virginia in 2008 after his adoptive father left him in a parked car for nine hours.


But the decision has proven divisive in Russia, even within government circles. More than 650,000 children live in foster care or orphanages in Russia, of whom about 120,000 are eligible for adoption. Many children in orphanages are sick or disabled, and most have little hope of finding permanent homes.


“The authorities thought we would do what we usually do – swallow it and be quiet. They did not expect such a reaction,” said Elena Rostova, 61, who attended the march. “But we had two weeks to consider what awaited these handicapped children.”


A series of high-ranking officials openly expressed their disagreement before the ban was enacted, and figures from the art and entertainment world have recorded emotional messages of dissent and published them on the Internet. Opposition groups have hoped that outrage sparked by the adoption ban would reinvigorate a Moscow-based protest movement that has sagged in recent months, as the government began to prosecute and impose tough sentences on street activists.


A poll released in December by the Public Opinion Foundation showed that 56 percent of Russians approved of the adoption ban. A top official from United Russia, Andrei Isayev, last week described the Sunday protest as a “March of Child-Sellers,” and tried to refocus attention on the Magnitsky Act, which he described as a “public, demonstrative humiliation of the Russian Federation.”


“All the enemies of Russian sovereignty showed themselves the ardent supporters of American adoption,” Mr. Isayev wrote on a party Web site.


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Business Briefing | Retailing: Best Buy Shares Rally on Improved Holiday Sales



The Best Buy Company had better-than-expected holiday sales, setting off a gain of $2, or 16.4 percent, in its stock price, to $14.21 a share on Friday. The holiday quarter accounted for about a third of Best Buy’s revenue last year. The chain said that revenue at stores open at least a year fell 1.4 percent for the nine weeks ended Jan. 5. The company’s performance in the United States was flat. The chief executive, Hubert Joly, said in a statement that the result was better than the last several quarters. A Morningstar analyst, R. J. Hottovy, said the results showed that some of Best Buy’s initiatives, like more employee training and online price matching helped increase sales.


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Former Lab Technician Denies Faulty DNA Work in Rape Cases





A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.




The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.


“My work?” Ms. Mitchell said. “No, no, no, not my work.”


Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.


So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.


The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.


However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”


She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”


Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.


If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.


Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.


“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.


A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.


Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.


Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.


“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”


The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.


But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”


“Given what’s happened,” he said, “that’s cold comfort.”


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Former Lab Technician Denies Faulty DNA Work in Rape Cases





A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.




The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.


“My work?” Ms. Mitchell said. “No, no, no, not my work.”


Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.


So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.


The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.


However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”


She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”


Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.


If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.


Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.


“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.


A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.


Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.


Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.


“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”


The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.


But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”


“Given what’s happened,” he said, “that’s cold comfort.”


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Drivers With Hands Full Get a Backup: The Car


Annie Tritt for The New York Times


Jesse Levinson of Stanford develops safety and self-driving systems like one on this Volkswagen Toureg that detects obstacles.







PALO ALTO, Calif. — Driving around a college campus can be treacherous. Bikes and scooters zip out of nowhere, distracted students wander into traffic, and stopped cars and speed bumps suddenly appear. It takes a vigilant driver to avoid catastrophe.






Advanced Systems
Are on the Move


New technologies are changing the way cars are driven.
John Markoff


Already in Some Cars


Antilock brakes


Electronic stability control


Lane keeping


Lane departure warning


Pedestrian detection


Driver fatigue/distraction alert


Cruise control/adaptive cruise control


Forward collision avoidance


Automatic braking


Automated parking


Adaptive headlights


Traffic sign detection


Coming


Traffic jam assistance


Super cruise control


Night assistance thermal imaging


V2X communications


Intersection assistance


Traffic light detection





Jesse Levinson does not much worry about this when he drives his prototype Volkswagen Touareg around the Stanford University campus here. A computer vision system he helped design keeps an unblinking eye out for pedestrians and cyclists, and automatically slows and stops the car when they enter his path.


Someday soon, few drivers will have to worry about car crashes and collisions, whether on congested roads or on empty highways, technology companies and car manufacturers are betting. But even now, drivers are benefiting from a suite of safety systems, and many more are in development to transform driving from a manual task to something more akin to that of a conductor overseeing an orchestra.


An array of optical and radar sensors now monitor the surroundings of a growing number of cars traveling the nation’s highways, and in some cases even track the driver’s physical state. Pedestrian detection systems, like the one that Mr. Levinson, a research scientist at Stanford’s Center for Automotive Research, has helped design, are already available in luxury cars and are being built into some midrange models.


The systems offer auditory, visual and mechanical warnings if a collision is imminent — and increasingly, if needed, take evasive actions automatically. By the middle of this decade, under certain conditions, they will take over the task of driving completely at both high and low speeds.


But the new systems are poised to refashion the nature of driving fundamentally long before completely autonomous vehicles arrive.


“This is really a bridge,” said Ragunathan Rajkumar, a computer science professor who is leading a Carnegie Mellon University automated driving research project partly financed by General Motors. “The driver is still in control. But if the driver is not doing the right thing, the technology takes over.”


Although drivers — at least for now — remain responsible for their vehicles, a host of related legal and insurance issues have already arisen, and researchers are opening a new line of study about how humans interact with the automatic systems.


What the changes will mean to the century-old American romance with the car remains to be seen. But the safety systems, the result of rapid advances in computer algorithms and the drastically falling cost of sensors, are a practical reaction to the modern reality of drivers who would rather talk on the phone and send text messages than concentrate on the road ahead and drive.


Four manufacturers — Volvo, BMW, Audi and Mercedes — have announced that as soon as this year they will begin offering models that will come with sensors and software to allow the car to drive itself in heavy traffic at speeds up to 37 miles per hour. The systems, known as Traffic Jam Assist, will follow the car ahead and automatically slow down and speed up as needed, handling both braking and steering.


At faster speeds, Cadillac’s Super Cruise system is intended to automate freeway driving by keeping the car within a lane and adjusting speed to other traffic. The company has not said when it will add the system to its cars.


Already actions like steering, braking and accelerating are increasingly handled by computer software rather than the driver.


“People don’t realize that when you step on antilock brakes it’s simply a suggestion for the car to stop,” said Clifford Nass, a director at the Center for Automotive Research at Stanford. How and when the car stops is left to the system.


The automobile industry has been motivated to innovate by growing evidence that existing technologies like the antilocking braking systems and electronic stability control have saved tens of thousands of lives.


In November, the National Highway Traffic Safety Administration recommended that all new cars be equipped with collision avoidance technologies, including adaptive cruise control and automatic braking. Two states — California and Nevada — have passed laws making it legal to operate self-driving cars as long as a human being is inside, able to take over.


The National Highway Traffic Safety Administration recently reported that one system, electronic stability control, or E.S.C., which digitally detects the loss of traction and compensates automatically, saved 2,202 lives from 2008 to 2010. Federal safety regulations began phasing in electronic stability control on small trucks and passenger vehicles in 2007.


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French Hostage Killed in Somalia Raid, Defense Ministry Says



PARIS (Reuters) - Denis Allex, a French soldier held hostage in Somalia since 2009, was killed during a raid on Friday night by French troops trying to rescue him, the French defence ministry said on Saturday.


Two other French soldiers and 17 Somalian fighters were killed in the fighting, the ministry said in a statement.


"Faced with the intransigence of the terrorists, who refused to negotiate for three and half years and who were holding Denis Allex in inhumane conditions, an operation was planned and carried out," said the ministry.


"During the assault, violent combat took place. Denis Allex was killed by his captors."


(Reporting by John Irish; writing by Leila Abboud; editing by Andrew Roche)


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Japan Approves $116 Billion for Urgent Economic Stimulus


TOKYO — The Japanese government approved emergency stimulus spending of ¥10.3 trillion Friday, part of an aggressive push by Prime Minister Shinzo Abe to kick-start growth in a long-moribund economy.


Mr. Abe also reiterated his desire for the Japanese central bank to make a firmer commitment to stopping deflation by pumping more money into the economy, which the prime minister has said is crucial to getting businesses to invest and consumers to spend.


“We will put an end to this shrinking and aim to build a stronger economy where earnings and incomes can grow,” Mr. Abe said. “For that, the government must first take the initiative to create demand and boost the entire economy.”


Under the plan, the Japanese government will spend $116 billion on public works and disaster mitigation projects, subsidies for companies that invest in new technology and financial aid to small businesses.


Through these measures, the government will seek to raise real economic growth 2 percentage points and add 600,000 jobs to the economy, Mr. Abe said. The package announced Friday amounts to one of the largest spending plans in Japanese history, he said.


By simply talking about stimulus measures, Mr. Abe, who took office late last month, has already driven down the value of the yen, much to the relief of Japanese exporters, whose competitiveness benefits from a weaker currency. In response, Tokyo stocks have rallied.


But the government’s promises to spend its way out of economic stagnation also raise concerns about public debt, which has already mushroomed to twice the size of the Japanese economy and is the largest in the industrialized world.


At the root of Japan’s debt problems was a similar attempt in the 1990s by Mr. Abe’s Liberal Democratic Party to stimulate economic growth through government spending on extensive public works projects across the country. The effort did little to bring growth to the wider economy.


On Friday, Mr. Abe said that the spending this time around would be better focused to bring about growth through investment in innovation. He said the government would also invest in measures that would help mitigate the decline in the Japanese population by encouraging families to have more children.


“To grow in a sustainable way, we must help create a virtuous cycle where companies actively borrow and invest, and in so doing raise employment and incomes,” Mr. Abe said.


“For that, it is extremely important that we adopt a growth strategy that gives everyone solid hope that the future of the Japanese economy lies in growth.”


Mr. Abe has assembled two panels of chief executives and academics, including Hiroshi Mikitani, chief executive of a major e-commerce company and a harsh critic of the old guard of economic policy makers, and Heizo Takenaka, a former economy minister and outspoken academic known for his disdain of pork-barrel spending.


Meanwhile, a more aggressive monetary policy designed to beat deflation could fall into place when the Bank of Japan’s board meets Jan. 20-21 for its monthly review.


Mr. Abe has leaned on Japan’s central bankers — whom he has criticized as too cautious — to commit to an inflation rate of at least 2 percent, which would help convince businesses that Japan would not arbitrarily reverse course on its easy money policy. For more than a decade, the rate of inflation has been flat or negative, reflecting languishing personal incomes and corporate profits.


Some at the central bank, still wary of the tremendous asset bubble that loose monetary policy set off in the late 1980s, have warned of the dangers of stoking inflation. The Bank of Japan’s governor, Masaaki Shirakawa, has also bristled at the idea of bankrolling public spending by buying more government bonds.


With its benchmark interest rate already near zero, the bank has few options left, other than to buy up government bonds and other financial assets if it is to inject money into the economy.


In an interview with the Nikkei business daily published Friday, Mr. Abe said he would seek in writing an agreement from the bank to pursue a target of 2 percent inflation, though he said the agreement would not set a deadline. He also said the bank should consider policies that would increase employment as much as possible.


Mr. Abe said that he hoped to pick as Mr. Shirakawa’s successor someone who shared the government’s position on inflation and employment, according to the interview. The central bank governor’s term runs out in April.


Hajime Takada, chief economist at the Mizuho Research Institute, said in a note to clients Friday that there were still too many unknowns to assess the effectiveness of Mr. Abe’s economic push.


But by setting a clearly pro-business policy agenda, Mr. Abe has started to change the mind-set of investors and corporations who had all but given up on growth — and for that, the new prime minister scores high, Mr. Takada said.


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Parental Consent Rule May Proceed for a Circumcision Ritual, a Judge Says





New York City health officials may proceed temporarily with a plan to require parental consent before an infant may undergo a particular Jewish circumcision ritual, a federal judge ruled Thursday.




City officials say 12 cases of herpes simplex virus have likely resulted from the procedure, known as metzitzah b’peh, since 2000, including one Brooklyn case reported this week. Two infants died, and two suffered permanent brain damage. Most Jews no longer practice metzitzah b’peh, in which the circumciser uses his mouth to suck blood from the wound, but it remains common among some ultra-Orthodox communities.


Citing the risk of infection, health officials in September introduced a regulation that would require parents to provide written consent stating that they were aware of the health risks.


But the Central Rabbinical Congress of the United States and Canada, Agudath Israel of America, and the International Bris Association sued in October to stop the rule from taking effect, calling it an infringement of their constitutional rights. They also denied the procedure posed a risk and asked a federal court to put the rule on hold while the litigation proceeded.


In denying the request for a preliminary injunction, Judge Naomi Reice Buchwald of the United States District Court for the Southern District wrote that the risks were clear.


“In light of the quality of the evidence presented in support of the regulation, we conclude that a continued injunction against enforcement of the regulation would not serve the public interest,” she wrote.


City lawyers said they were gratified by the ruling, but Andrew Moesel, a spokesman for the plaintiffs, said the groups would appeal. “We continue to believe that this case is a wrongful and unnecessary intrusion into the rights of freedom of religion and speech,” he said.


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Parental Consent Rule May Proceed for a Circumcision Ritual, a Judge Says





New York City health officials may proceed temporarily with a plan to require parental consent before an infant may undergo a particular Jewish circumcision ritual, a federal judge ruled Thursday.




City officials say 12 cases of herpes simplex virus have likely resulted from the procedure, known as metzitzah b’peh, since 2000, including one Brooklyn case reported this week. Two infants died, and two suffered permanent brain damage. Most Jews no longer practice metzitzah b’peh, in which the circumciser uses his mouth to suck blood from the wound, but it remains common among some ultra-Orthodox communities.


Citing the risk of infection, health officials in September introduced a regulation that would require parents to provide written consent stating that they were aware of the health risks.


But the Central Rabbinical Congress of the United States and Canada, Agudath Israel of America, and the International Bris Association sued in October to stop the rule from taking effect, calling it an infringement of their constitutional rights. They also denied the procedure posed a risk and asked a federal court to put the rule on hold while the litigation proceeded.


In denying the request for a preliminary injunction, Judge Naomi Reice Buchwald of the United States District Court for the Southern District wrote that the risks were clear.


“In light of the quality of the evidence presented in support of the regulation, we conclude that a continued injunction against enforcement of the regulation would not serve the public interest,” she wrote.


City lawyers said they were gratified by the ruling, but Andrew Moesel, a spokesman for the plaintiffs, said the groups would appeal. “We continue to believe that this case is a wrongful and unnecessary intrusion into the rights of freedom of religion and speech,” he said.


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