Petraeus’s Lower C.I.A. Profile Leaves Benghazi Void

WASHINGTON — In 14 months as C.I.A. director, David H. Petraeus has shunned the spotlight he once courted as America’s most famous general. His low-profile style has won the loyalty of the White House, easing old tensions with President Obama, and he has overcome some of the skepticism he faced from the agency’s work force, which is always wary of the military brass.

Brendan Smialowski/Getty Images

The low-profile style of David H. Petraeus, right, has won the loyalty of the White House, easing old tensions with President Obama.

Win Mcnamee/Getty Images

C.I.A. director, David H. Petraeus, right, appeared before the Senate Select Committee on Intelligence in Washington in January.

But since an attack killed four Americans seven weeks ago in Benghazi, Libya, his deliberately low profile, and the C.I.A.’s penchant for secrecy, have left a void that has been filled by a news media and Congressional furor over whether it could have been prevented. Rather than acknowledge the C.I.A.’s presence in Benghazi, Mr. Petraeus and other agency officials fought a losing battle to keep it secret, even as the events there became a point of contention in the presidential campaign.

Finally, on Thursday, with Mr. Petraeus away on a visit to the Middle East, pressure from critics prompted intelligence officials to give their own account of the chaotic night when two security officers died along with the American ambassador, J. Christopher Stevens, and another diplomat. The officials acknowledged for the first time that the security officers, both former members of the Navy SEALs, worked on contract for the C.I.A., which occupied one of the buildings that were attacked.

The Benghazi crisis is the biggest challenge so far in the first civilian job held by Mr. Petraeus, who retired from the Army and dropped the “General” when he went to the C.I.A. He gets mostly high marks from government colleagues and outside experts for his overall performance. But the transition has meant learning a markedly different culture, at an agency famously resistant to outsiders.

“I think he’s a brilliant man, but he’s also a four-star general,” said Senator Dianne Feinstein, the chairwoman of the Senate Intelligence Committee. “Four-stars are saluted, not questioned. He’s now running an agency where everything is questioned, whether you’re a four-star or a senator. It’s a culture change.”

Mr. Petraeus, who turns 60 next week, has had to learn that C.I.A. officers will not automatically defer to his judgments, as military subordinates often did. “The attitude at the agency is, ‘You may be the director, but I’m the Thailand analyst,’ ” said one C.I.A. veteran.

Long a media star as the most prominent military leader of his generation, Mr. Petraeus abruptly abandoned that style at the C.I.A. Operating amid widespread complaints about leaks of classified information, he has stopped giving interviews, speaks to Congress in closed sessions and travels the globe to consult with foreign spy services with little news media notice.

“He thinks he has to be very discreet and let others in the government do the talking,” said Michael E. O’Hanlon, a Brookings Institution scholar who is a friend of Mr. Petraeus’s and a member of the C.I.A.’s advisory board.

Mr. Petraeus’s no-news, no-nonsense style stands out especially starkly against that of his effusive predecessor, Leon E. Panetta, who is now the defense secretary.

Mr. Panetta, a gregarious politician by profession, was unusually open with Congress and sometimes with the public — to a fault, some might say, when he spoke candidly after leaving the C.I.A. about a Pakistani doctor’s role in helping hunt for Osama bin Laden, or about the agency’s drone operations.

Mr. Petraeus’s discretion and relentless work ethic have had a positive side for him: old tensions with Mr. Obama, which grew out of differing views on the wars in Iraq and Afghanistan, appear to be gone. Mr. Petraeus is at the White House several times a week, attending National Security Council sessions and meeting weekly with James R. Clapper Jr., the director of national intelligence, and Thomas E. Donilon, Mr. Obama’s national security adviser. Mr. Donilon said recently that the C.I.A. director “has done an exceptional job,” bringing “deep experience, intellectual rigor and enthusiasm” to his work.

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Google's Android software in 3 out of 4 smartphones

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NYC Marathon is canceled following storm damage

NEW YORK (AP) — Gisela Clausen delivered the news to her fellow runners from Germany as they walked into the New Yorker Hotel.

"We spend a year on this. We don't eat what we want. We don't drink what we want. And we're on the streets for hours. We live for this marathon," she said, "but we understand."

Mayor Michael Bloomberg reversed himself Friday and yielded to mounting criticism that this was no time to run the New York City Marathon: runners were ready but weary residents were still recovering from a monster storm named Sandy.

And just like that, the race was scrapped.

Bloomberg, who as late as Friday afternoon insisted the world's largest marathon should go on as scheduled Sunday, changed course shortly afterward amid intensifying opposition from the city comptroller, the Manhattan borough president and sanitation workers unhappy they had volunteered to help storm victims but were assigned to the race instead. The mayor said he would not want "a cloud to hang over the race or its participants."

"I'm shocked," said Clausen, who is from Munich. "Not at the situation, but at how short this decision is (in) coming."

Like Clausen, many of the runners understood the rationale behind the decision. The death toll in the city stood at 41 and thousands of people were shivering without electricity, making many New Yorkers recoil at the idea of police officers protecting a foot race and evicting storm victims from hotels to make way for runners.

But the suddenness of it all forced runners to deal with an unexpected twist: What to do with no race.

Nearly 40,000 athletes — well over half from out of town — were expected at the Staten Island start line on Sunday. Their entry fees were paid. Their airline tickets were purchased. Their friends and family had hotel rooms. And all week the race was a go — even after Sandy came ashore Monday and ripped up everything in its path.

"I understand why it cannot be held under the current circumstances," Meb Keflezighi, the 2009 men's champion and 2004 Olympic silver medalist, said in a statement. "Any inconveniences the cancellation causes me or the thousands of runners who trained and traveled for this race pales in comparison to the challenges faced by people in NYC and its vicinity."

The cancellation means there won't be another NYC Marathon until next year.

"We cannot allow a controversy over an athletic event — even one as meaningful as this — to distract attention away from all the critically important work that is being done to recover from the storm and get our city back on track," Bloomberg said.

The nationally televised marathon had been held annually since 1970, including 2001, about two months after the 9/11 terrorist attacks.

The 26.2-mile race had been scheduled to start in Staten Island, one of the storm's hardest-hit places, and wind through all of the city's five boroughs with 2 million spectators usually lining the route.

In Staten Island, Cynthia Spinner said, "Thank God, thank God," when she heard the marathon was canceled.

"More for our people in New York," she said. "They shouldn't take their police or ambulance services off of what they're doing now to go for the marathon. People need homes. They're in hotels; they need everything right now."

Across the metro area Friday, the recovery made slow progress. Companies turned the lights back on, and many employees returned to their desks. Many major retailers also reopened.

But patience was wearing thin among New Yorkers who had been without power for most of the week.

Gov. Andrew Cuomo told utilities to step up power repair work or risk losing business in the state. And officials said the cost of the storm could exceed $18 billion in New York alone.

From storm-scarred New Jersey to parts of Connecticut, a widespread lack of gasoline frustrated people who were just trying to get to work or pick up a load of groceries.

Lines of cars, and in many places queues of people on foot carrying bright red jerry cans, waited for hours for precious fuel. And those were the lucky ones. Other customers gave up after finding only closed stations or dry pumps marked with yellow tape or "No Gas" signs.

Bloomberg called the marathon an "integral part of New York City's life for 40 years" and insisted that holding the race would not require resources to be diverted from the recovery effort. But, he said, he understood the doubts.

City and race officials considered several alternatives: a modified course, postponement or an elite runners-only race. But they decided cancellation was the best option.

Organizers will donate various items that had been brought in for the race to relief efforts, from food, blankets and portable toilets to generators already set up on Staten Island.

Mary Wittenberg, president of the New York Road Runners, the group that organizes the marathon, said canceling was the right move.

"This is what we need to do and the right thing at this time," she said.

"It's been a week where we worked very closely with the mayor's office and felt very strongly, both of us together, that on Tuesday, it seemed that the best thing for New York on Sunday would be moving forward. As the days went on, just today it got to the point where that was no longer the case."

Patrick Lynch, president of the Patrolmen's Benevolent Association — the police department's largest union — called the decision to cancel the marathon "a wise choice."

"When you have a significant amount of people voicing real pain and unhappiness over its running, you have to hear that. You have to take that into consideration," said Howard Wolfson, deputy mayor for government affairs and communications.

"Something that is such a celebration of the best of New York can't become divisive," he said. "That is not good for the city now as we try to complete our recovery effort, and it is not good for the marathon in the long run."

ING, the financial company that is the title sponsor of the marathon, said it supported the decision to cancel. The firm's charitable giving arm has made a $500,000 contribution to help with relief and recovery efforts and is matching employee donations. Sponsor Poland Spring said it would donate the bottled water earmarked for the marathon to relief agencies, more than 200,000 bottles.

Race organizers had been expecting about 47,500 runners before the storm.

For now, they are sticking to their policy of no refunds for runners, but they will guarantee entry to next year's marathon or the half-marathon in March. However, Wittenberg said the group would review the refund policy.

Steve Brune, a Manhattan entrepreneur, was set to run his fourth New York City Marathon.

"I'm disappointed, but I can understand why it's more important to use our resources for those who have lost a lot," he said.

Nikki Davies arrived from London on Friday, eager to race.

"I can understand not wanting to run through devastated parts of the city," she said. "I thought if they cancel it, they'd cancel it earlier."

Now, she had 10 days to fill. On her agenda?

"A lot of sightseeing," she said.

___

Associated Press writers Cara Anna, Ronald Blum, Verena Dobnik, Melissa Murphy, Christina Rexrode, Michael Rubinkam and Ted Shaffrey in New York contributed to this report.

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Second Illness Infects Meningitis Sufferers

Just when they might have thought they were in the clear, people recovering from meningitis in an outbreak caused by a contaminated steroid drug have been struck by a second illness.

The new problem, called an epidural abscess, is an infection near the spine at the site where the drug — contaminated by a fungus — was injected to treat back or neck pain. The abscesses are a localized infection, different from meningitis, which affects the membranes covering the brain and spinal cord. But in some cases, an untreated abscess can cause meningitis. The abscesses have formed even while patients were taking powerful antifungal medicines, putting them back in the hospital for more treatment, often with surgery.

The problem has just begun to emerge, so far mostly in Michigan, which has had more people sickened by the drug — 112 out of 404 nationwide — than any other state.

“We’re hearing about it in Michigan and other locations as well,” said Dr. Tom M. Chiller, the deputy chief of the mycotic diseases branch of the Centers for Disease Control and Prevention. “We don’t have a good handle on how many people are coming back.”

He added, “We are just learning about this and trying to assess how best to manage these patients. They’re very complicated.”

In the last few days, about a third of the 53 patients treated for meningitis at St. Joseph Mercy Hospital in Ann Arbor, Mich., have returned with abscesses, said Dr. Lakshmi K. Halasyamani, the chief medical officer.

“This is a significant shift in the presentation of this fungal infection, and quite concerning,” she said. “An epidural abscess is very serious. It’s not something we expected.”

She and other experts said they were especially puzzled that the infections could occur even though patients were taking drugs that, at least in tests, appeared to work against the fungus causing the infection, a type of black mold called Exserohilum.

The main symptom is severe pain near the injection site. But the abscesses are internal, with no visible signs on the skin, so it takes an M.R.I. scan to make the diagnosis. Some patients have more than one abscess. In some cases, the infection can be drained or cleaned out by a neurosurgeon.

But sometimes fungal strands and abnormal tissue are wrapped around nerves and cannot be surgically removed, said Dr. Carol A. Kauffman, an expert on fungal diseases at the University of Michigan. In such cases, all doctors can do is give a combination of antifungal drugs and hope for the best. They have very little experience with this type of infection.

Some patients have had epidural abscesses without meningitis; St. Joseph Mercy Hospital has had 34 such cases.

A spokesman for the health department in Tennessee, which has had 78 meningitis cases, said that a few cases of epidural abscess had also occurred there, and that the state was trying to assess the extent of the problem.

Dr. Chiller said doctors were also reporting that some patients exposed to the tainted drug had arachnoiditis, a nerve inflammation near the spine that can cause intense pain, bladder problems and numbness.

“Unfortunately, we know from the rare cases of fungal meningitis that occur, that you can have complicated courses for this disease, and it requires prolonged therapy and can have some devastating consequences,” he said.

The meningitis outbreak, first recognized in late September, is one of the worst public health disasters ever caused by a contaminated drug. So far, 29 people have died, often from strokes caused by the infection. The case count is continuing to rise. The drug was a steroid, methylprednisolone acetate, made by the New England Compounding Center in Framingham, Mass. Three contaminated lots of the drug, more than 17,000 vials, were shipped around the country, and about 14,000 people were injected with the drug, mostly for neck and back pain. But some received injections for arthritic joints and have developed joint infections.

Inspections of the compounding center have revealed extensive contamination. It has been shut down, as has another Massachusetts company, Ameridose, with some of the same owners. Both companies have had their products recalled.

Compounding pharmacies, which mix their own drugs, have had little regulation from either states or the federal government, and several others have been shut down recently after inspections found sanitation problems.

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Cellphone Users Steaming at Hit-or-Miss Service

To wireless customers, cellphone networks might seem to be made out of thin air. But they are plenty vulnerable to catastrophic storms — and bringing service back can take an excruciatingly long time.

On Friday, four days after Hurricane Sandy, the major carriers — AT&T, Verizon Wireless, T-Mobile USA and Sprint — were still busily rebuilding their networks in the hardest-hit areas.

One-quarter of the cell towers in the storm zone were knocked out, according to the Federal Communications Commission. Many had no power, and their backup battery systems soon drained. The lines connecting those towers to the rest of the phone network were ripped out. Carriers deployed generators to provide power, but eventually those required more fuel — another limited resource.

In an emergency, a lack of cellphone reception can be dangerous, especially as more people have chosen to snip landlines out of their budgets. About 60 percent of American households have landlines, down from 78 percent four years ago, according to Chetan Sharma, an independent mobile analyst.

The carriers say they are trying their best to deal with an unusual disaster. But in the past, they have steadfastly objected to recommendations from regulators that they spend more money on robust emergency equipment, like longer-lasting backup batteries.

Neville Ray, chief technology officer of T-Mobile USA, said Hurricane Sandy was the biggest natural disaster he had ever dealt with and that service failures were inevitable.

“There’s an amount of preparation you can do, but depending on the size and scale and impact of the storm, it’s tough to anticipate every circumstance,” Mr. Ray said in an interview. “No degree of preparation can prevent some of those outages from happening.”

When networks fail, carriers deploy trucks, called C.O.W.’s, for cell on wheels, that act as temporary cell towers. But the companies say the challenge with deploying these trucks poststorm is connecting to power and to the wider phone network, which requires a microwave radio link to a working tower. Because of the density of the buildings in New York City, the trucks could serve only a small area, according to Mr. Ray.

The carriers have made other efforts to provide services while restoring their networks. AT&T wheeled out R.V.’s where customers could charge their phones. And it made an agreement to share networks with T-Mobile USA in the affected areas of New York and New Jersey. When customers of both companies place calls, they are carried by whichever network is available in the area.

But ultimately all of the carriers’ preparations and responses were not enough to get services running again in a hurry. Over the week the carriers reported gradual progress, and they declined to offer timelines indicating when customers could expect to have service again.

The unreliability of wireless networks may point to a bigger problem. Over the years, the phone companies have fought off regulators who want to treat them as utilities, arguing that if they are going to stay innovative, they cannot be burdened with the old rules that phone companies dealt with in the landline era. But as a consequence, there are almost no rules about what carriers have to do in an emergency, said Harold Feld, senior vice president for Public Knowledge, a nonprofit that focuses on information policy.

“With the new networks we’ve prized keeping costs down, we’ve prized flexibility and we’ve prized innovation,” said Mr. Feld, who wrote a blog post on Monday anticipating cell tower problems. “But we have not put stability as a value when we have been pushing to have these networks built out.”

Mr. Feld noted that after Hurricane Katrina in 2005, the F.C.C. recommended that carriers install backup batteries on their transmission towers that would last 24 hours, among other measures. But the carriers objected, presumably because they did not want to spend the money, he said. (Of course, 24 hours would not have been enough in many areas hit by the latest storm.)

In general, the carriers say it is in their own interest to fortify their networks for emergency situations, but Mr. Feld said this incentive was not enough.

“We ought to actually be doing this in the mind-set that there need to be actual rules, so that everybody knows how to behave when the crisis hits,” he said. “When I drive I have the best incentive in the world not to hit a telephone pole and not to slam into another car. But I still need speed limits, stop signs and stop lights.”

Debra Lewis, a spokeswoman for Verizon Wireless, said no amount of rules could have prepared carriers for the outcome of a storm like Hurricane Sandy.

“The fact is, regulation cannot anticipate the varied challenges that can arise in such situations, but we do learn from them and adapt accordingly to ensure we meet consumers’ needs,” Ms. Lewis said. She said the company prepared for natural disasters with generators and batteries that provided at least eight hours of power to cell sites.

Verizon Wireless said Friday evening that less than 3 percent of its network in the Northeast was still down. “In severely impacted areas, such as Lower Manhattan, while wireless service has yet to return to normal levels, coverage is good,” it said.

AT&T was the only major carrier that would not go into specifics about how much of its network was down. Anecdotally it seemed that in Manhattan at least, AT&T’s coverage was not as good as Verizon’s after the storm. One Twitter user directed this message at AT&T on Tuesday: “I live in lower manhattan. Vz has service u do not. You are ruining lives. I had to come midtown 2 call mom. Switching.”

Mark Siegel, a spokesman for AT&T, said the company would not comment because it was working on restoring its network.

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Guinea-Bissau, After Coup, Is Drug-Trafficking Haven

Agence France-Presse — Getty Images

Guinea-Bissau soldiers patrolled a street in the capital, Bissau, on Oct. 21 after dissident soldiers raided an army barracks in an apparent attempt to topple the military junta.

BISSAU, Guinea-Bissau — When the army ousted the president here just months before his term was to expire, a thirst for power by the officer corps did not fully explain the offensive. But a sizable increase in drug trafficking in this troubled country since the military took over has raised suspicions that the president’s sudden removal was what amounted to a cocaine coup.

The military brass here has long been associated with drug trafficking, but the coup last spring means soldiers now control the drug racket and the country itself, turning Guinea-Bissau in the eyes of some international counternarcotics experts into a nation where illegal drugs are sanctioned at the top.

“They are probably the worst narco-state that’s out there on the continent,” said a senior Drug Enforcement Administration official in Washington, who spoke on the condition of anonymity so as not to jeopardize his work in the region. “They are a major problem.”

Since the April 12 coup, more small twin-engine planes than ever are making the 1,600-mile Atlantic crossing from Latin America to the edge of Africa’s western bulge, landing in Guinea-Bissau’s fields, uninhabited islands and remote estuaries. There they unload their cargos of cocaine for transshipment north, experts say.

The fact that the army has put in place a figurehead government and that military officers continue to call the shots behind the scenes only intensifies the problem.

The political instability continued as soldiers attacked an army barracks on Oct. 21, apparently in an attempt to topple the government. A dissident army captain was arrested on an offshore island on Oct. 27 and accused of being the organizer of the countercoup attempt. Two critics of the government were also assaulted and then left outside the capital.

From April to July there were at least 20 landings in Guinea-Bissau of small planes that United Nations officials suspected were drug flights — traffic that could represent more than half the estimated annual cocaine volume for the region. The planes need to carry a one-and-a-half-ton cargo to make the trans-Atlantic trip viable, officials say. Europe, already the destination for about 50 tons of cocaine annually from West Africa, United Nations officials say, could be in for a far greater flood.

Was the military coup itself a diversion for drug trafficking? Some experts point to signs that as the armed forces were seizing the presidency, taking over radio stations and arresting government officials, there was a flurry of drug activity on one of the islands of the Bijagós Archipelago, what amounted to a three-day offloading of suspicious sacks.

That surreptitious activity appears to have been simply a prelude.

“There has clearly been an increase in Guinea-Bissau in the last several months,” said Pierre Lapaque, head of the regional United Nations Office on Drugs and Crime for West and Central Africa. “We are seeing more and more drugs regularly arriving in this country.”

Mr. Lapaque called the trafficking in Guinea-Bissau “a major worry” and an “open sore,” and, like others, suggested that it was no coincidence that trafficking had spiked since the coup.

Joaquin Gonzalez-Ducay, the European Union ambassador in Bissau, said: “As a country it is controlled by those who formed the coup d’état. They can do what they want to do. Now they have free rein.”

The senior D.E.A. official said, “People at the highest levels of the military are involved in the facilitation” of trafficking, and added: “In other African countries government officials are part of the problem. In Guinea-Bissau, it is the government itself that is the problem.”

United Nations officials agree. “The coup was perpetrated by people totally embedded in the drugs business,” said one official, who spoke on the condition of anonymity because of the delicacy of the political environment here.

The country’s former prosecutor general, Octávio Inocêncio Alves, said, “A lot of the traffickers have direct relationships with the military.”

The civilian government and the military leadership that sits watchfully in its headquarters in an old Portuguese fort at the other end of town reject the United Nations drug accusations.

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Microsoft vs Google trial raises concerns over secrecy

SAN FRANCISCO (Reuters) - Two weeks before a high-stakes trial pitting Google's Motorola Mobility unit against Microsoft, Google made what has become a common request for a technology company fighting for billions of dollars: A public court proceeding, conducted largely in secret.

Google and Microsoft, like rivals embroiled in smartphone patent wars, are eager to keep sensitive business information under wraps - in this case, the royalty deals they cut with other companies on patented technology. Microsoft asked for similar protections in a court filing late on Thursday.

Such royalty rates, though, are the central issue in this trial, which begins November 13 in Seattle.

U.S. District Judge James Robart has granted requests to block many pre-trial legal briefs from public view. Though he warned he may get tougher on the issue, the nature of the case raises the possibility that even his final decision might include redacted, or blacked-out, sections.

Legal experts are increasingly troubled by the level of secrecy that has become commonplace in intellectual property cases where overburdened judges often pay scant attention to the issue.

Widespread sealing of documents infringes on the basic American legal principle that court should be public, says law professor, Dennis Crouch, and encourages companies to use a costly, tax-payer funded resource to resolve their disputes.

"There are plenty of cases that have settled because one party didn't want their information public," said Crouch, an intellectual property professor at University of Missouri School of Law.

Tech companies counter that they should not be forced to reveal private business information as the price for having their day in court.

The law does permit confidential information to be kept from public view in some circumstances, though companies must show the disclosure would be harmful.

Google argues that revelations about licensing negotiations would give competitors "additional leverage and bargaining power and would lead to an unfair advantage."

Robart has not yet ruled on Google and Microsoft's requests, which, in the case of Google includes not only keeping documents under seal, but also clearing the courtroom during crucial testimony.

It is also unclear whether Robart will redact any discussion of royalty rates in his final opinion. The judge, who will decide this part of the case without a jury, did not respond to requests for comment.

NOT PAYING ATTENTION

Apple Inc and Microsoft Corp have been litigating in courts around the world against Google Inc and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.

Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features.

Google bought Motorola for $12.5 billion, partly to use its large portfolio of communications patents as a bargaining chip against its competitors.

Robart will decide how big a royalty Motorola deserves from Microsoft for a license on some Motorola wireless and video patents.

Apple, for its part, is set to square off against Motorola on Monday in Madison, Wisconsin, in a case that involves many of the same issues.

In Wisconsin, Apple and Motorola have filed most court documents entirely under seal. U.S. District Judge Barbara Crabb did not require them to seek advance permission to file them secretly, nor did she mandate that the companies make redacted copies available for the public.

Judges have broad discretion in granting requests to seal documents. The legal standard for such requests can be high, but in cases where both sides want the proceedings to be secret, judges have little incentive to thoroughly review secrecy requests.

In Apple's Northern California litigation against Samsung, both parties also sought to keep many documents under seal. After Reuters challenged those secrecy requests, on grounds it wanted to report financial details, U.S. District Judge Lucy Koh ordered both companies to disclose a range of information they considered secret - including profit margins on individual products - but not licensing deals. Apple and Samsung are appealing the disclosure order.

In response to questions from Reuters last week, Judge Crabb in Wisconsin, who will also decide the case without a jury, acknowledged she had not been paying attention to how many documents were being filed under seal. Federal judges in Madison will now require that parties file redacted briefs, she said, though as of Wednesday, Apple and Motorola were still filing key briefs entirely under seal.

"Just because there is a seed or kernel of confidential information doesn't mean an entire 25-page brief should be sealed," said Bernard Chao, an intellectual property professor at University of Denver Sturm College of Law.

Crabb promised that the upcoming trial would be open.

"Whatever opinion I make is not going to be redacted," she told Reuters in an interview.

CHECKING THE COMPS

Microsoft sued Motorola two years ago, saying Motorola had promised to license its so-called "standards essential" patents at a fair rate, in exchange for the technology being adopted as a norm industrywide. But by demanding roughly $4 billion a year in revenue, Microsoft says Motorola broke its promise.

Robart will sort out what a reasonable royalty for those standards patents should be, partly by reviewing deals Motorola struck with other companies such as IBM and Research in Motion - much like an appraiser checking comparable properties to figure out whether a home is priced right.

In this case, though, the public may not be able to understand exactly what figures Robart is comparing. Representatives for Microsoft and Google declined to comment.

In its brief, Microsoft said licensing terms could be sealed without the need to clear the courtroom.

"Permitting redaction of this information will minimize the harm to Microsoft and third parties while also giving due consideration to the public policies favoring disclosure," the company argued.

IBM and RIM have also asked Robart to keep licensing information secret.

Chao doesn't think Robart will ultimately redact his own ruling, even though it may include discussion of the specific royalty rates. "I can't imagine that," he said.

Most judges cite lack of resources and overflowing dockets as the reason why they don't scrutinize secrecy requests more closely, especially when both parties support them.

In Wisconsin, Crabb said that even though she will now require litigants to ask permission to file secret documents, it is highly unlikely that she will actually read those arguments - unless someone else flags a problem.

"We're paddling madly to stay afloat," Crabb said.

The Wisconsin case in U.S. District Court, Western District of Wisconsin is Apple Inc. vs. Motorola Mobility Inc., 11-cv-178. The Seattle case in U.S. District Court, Western District of Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.

(Reporting by Dan Levine in San Francisco; Additional reporting by Bill Rigby in Seattle.; Editing by Jonathan Weber, Andrew Hay and Bernadette Baum)

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Bloomberg: NYC Marathon will go on

NEW YORK (AP) — Mayor Michael Bloomberg came under fire Friday for pressing ahead with this weekend's New York Marathon in a city still reeling from Superstorm Sandy, with some New Yorkers saying that holding the race would be insensitive and divert police, generators and other resources when many are still suffering.

Joan Wacks, whose Staten Island waterfront condo was swamped with 4 feet of water, predicted authorities will still be recovering bodies when the estimated 40,000 runners from around the world hit the streets for the 26.2-mile race Sunday, and she called the mayor "tone deaf."

"He is clueless without a paddle to the reality of what everyone else is dealing with," she said. "If there are any resources being put toward the marathon, that's wrong. I'm sorry, that's wrong."

At a news conference, Bloomberg defended his decision as a way to raise money for the stricken city and boost morale less than a week after Sandy flooded neighborhoods, knocked out power to hundreds of thousands homes and businesses and killed at least 39 people.

Bloomberg said New York "has to show that we are here and we are going to recover" and "give people something to cheer about in what has been a very dismal week for a lot of people."

"You have to keep going and doing things," he said. "You can grieve and you can cry and you can laugh, and that's what human beings are good at."

He noted that his predecessor, Rudolph Giuliani, went ahead with the New York Marathon two months after the Sept. 11 terrorist attacks.

"If you go back to 9/11, Rudy made the right decision in those days to run the marathon and pull people together," Bloomberg said.

One of the world's pre-eminent road races, the New York Marathon generates an estimated $340 million into the city. This time, the marathon's sponsors and organizers have dubbed it the "Race to Recover" and intend to use the event to raise money for the city to deal with the crisis. New York Road Runners, the race organizer, will donate $1 million and said sponsors have pledged more than $1.5 million.

"It's hard in these moments to know what's best to do," NYRR president Mary Wittenberg said. "The city believes this is best to do right now."

The course runs from the Verrazano-Narrows Bridge on hard-hit Staten Island to Central Park, sending runners through all five boroughs. The course will not be changed, since there was little damage along the route.

Earlier this week, the mayor gave assurances the race wouldn't siphon off resources from the storm recovery, noting electricity is expected to be restored to all of Manhattan by race day, freeing up "an enormous number of police."

New Yorker Michael Sofronas used to run the marathon and has been a race volunteer for four years, serving as an interpreter for foreign runners. But he said he won't volunteer this year.

"I'm also really very aghast at the fact that we've just gone through the Sandy hurricane and I believe that the people should not be diverted to the marathon. They should focus on the people in need," he said. "It's all about money, money from everybody. The sponsors, the runners."

A Swede who arrived in New York this week to run in the marathon sided with the mayor.

"It doesn't feel good, coming to New York," said Maria Eriksson, 27. "But the marathon has been planned for such a long time. And besides, it brings so much money to the city. That should help. What help would it be to cancel?"

But John Esposito, a Staten Islander helping his elderly parents clean out their flooded home, said: "They brought giant generators to power the marathon tents while we've got thousands of people without power. ... How about putting one of these generators here? Have some compassion."

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Well: Really? Natural Disasters Can Influence Birthrates

THE FACTS

A sociologist once remarked that a blackout can produce a boom in birthrates. When the lights go out, he said, people are left to interact with each other.

Really?

Anahad O’Connor tackles health myths.

All levity aside, there are some researchers who believe that large-scale disasters can influence birthrates. Psychologists say it comes down to attachment theory on attachment: that catastrophes, in short, have a way of driving people together and influencing major life decisions.

In a study published in The Journal of Family Psychology in 2002, researchers examined data on marriage, birth and divorce rates across South Carolina from 1975 to 1997. They found, as predicted, that in 1990, the year after Hurricane Hugo struck, marriages and births spiked in the 24 counties declared disaster areas. But so, too, did divorce rates, a finding the researchers hadn’t expected.

The findings suggested, they wrote, that the life-threatening hurricane had motivated many people to take “significant action in their close relationships that altered their life course.”

In another study, published in the journal Demography in 2005, a team of psychologists found that birthrates climbed in Oklahoma after the Oklahoma City bombing in 1995.

But some studies have found evidence of a reverse phenomenon. One, published in The Journal of Population Economics in 2010, used data on hurricanes and storm advisories to look at births in 47 counties along the Gulf and Atlantic Coasts from 1995 to 2001. It found that “high-severity advisories” had a significant “negative fertility effect.” And a study of decades of data in Italy and Japan found similar decreases in fertility after earthquakes.

Disasters, the author argued, perhaps make people less willing to make the long-term investments required to raise a family, and disruptions in family life and loss of homes and jobs may also contribute to declines in birthrates.

THE BOTTOM LINE

There is evidence that large-scale catastrophes may influence birth and marriage rates, but in which direction is not clear.

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Modest Jobs Growth in Final Report Before Election

The economy may have some more underlying strength than earlier believed, according to the final job market report released before Tuesday’s presidential election.

The nation’s employers added 171,000 positions in October, the Labor Department reported on Friday, and more jobs than initially estimated in both August and September. Hiring was broad-based, with just about every industry except state government adding at least a handful of jobs. The unemployment rate ticked up slightly to 7.9 percent in October, from 7.8 percent in September, but for a good reason: more workers joined the labor force and so officially counted as unemployed.

None of this makes for a game-changer in the presidential race, analysts said. But it appeared to provide some relief for President Obama, whose campaign could have been sideswiped by bad news from the volatile monthly jobs report.

With the latest numbers, the economy finally shows a net gain of jobs under his presidency; his record had previously been weighed down by huge layoffs in his first year in office.

The report also allayed widespread suspicion that September’s plunge in the unemployment rate — to below 8 percent for the first time since the month he took office — might have been a one-month statistical fluke.

“Generally, the report shows that things are better than we’d expected and certainly better than we’d thought a few months ago,” said Paul Dales, senior United States economist for Capital Economics. “But we’re still not making enough progress to bring that unemployment rate down significantly and rapidly.”

Mitt Romney, the Republican presidential nominee, said in a statement that the jobs report was evidence of the need to change the nation’s economic policies.

“Today’s increase in the unemployment rate is a sad reminder that the economy is at a virtual standstill,” he said. He also noted that October’s unemployment rate of 7.9 percent was higher than the 7.8 percent when Mr. Obama took office in January 2009.

Economists were hopeful that once the election was over and Congress addressed the major fiscal tightening scheduled for the end of this year, job growth could speed up further.

“If we can do this kind of job growth with all the uncertainty out there, imagine if we were to clear up those tax issues and hold back the majority of tax increases that are pending at the end of the year,” said John Ryding, chief economist at RDQ Economics. “We could do much better in 2013, maybe as well as we appeared to be doing earlier this year.”

In October, the biggest job gains were in professional and business services, health care and retail trade, the Labor Department said. Government payrolls dipped slightly. State and local governments have been shedding jobs most months over the last three years.

One of the lowlights of the report was in hourly wages, which remained flat in October after showing barely any growth in the previous several months.

“Perhaps the decline in real wages is a factor here in being able to employ more people,” Mr. Ryding said. “It’s something to keep in mind when we think about creating jobs and whether we’re maybe creating the wrong sort of jobs.”

A report from the National Employment Law Project, a liberal research and advocacy organization that focuses on labor issues, found that while the majority of jobs lost in the downturn were middle-income jobs, the majority of the jobs created since then have been lower-wage ones.

There have now been 25 consecutive months of jobs gains in the United States, but the increases have been barely large enough to absorb the increase in the population. A queue of about 12 million unemployed people remain waiting for work, about two out of five of whom have been out of a job for more than six months.

That is in addition to more than eight million people who are working part time but really want full-time jobs.

“I’m not just competing against all the other people who are out of work,” said Griff Coxey, 57, of Cascade, Wis., who was laid off in May from his controller job at a small business. “I’m also competing against all those people who are actually working but are underemployed.”

Like two million other idle workers, Mr. Coxey is scheduled to lose his unemployment benefits the last week of the year, when the federal extensions abruptly expire. He said he still had some savings to fall back on, but many workers do not.

Labor advocates and many economists have been urging Congress to renew the benefits as part of their discussions of the “fiscal cliff” during their postelection session. So far, though, the issue has received little attention, and analysts worry that ending extended benefits could disrupt what modest forward momentum the economy currently has.

“Federal unemployment benefits are one of the most effective stimuli we have,” said Christine L. Owens, the executive director of the National Employment Law Project.

“The recovery is still fragile,” she said, “and to pull that amount of income and expenditure out of the economy — particularly at a time when people thinking about the holiday season — will have a significant impact on not just those individuals and their families but the economy as a whole.”

Friday’s jobs report was unlikely to affect policy from the Federal Reserve, which has pledged open-ended stimulus until the job market improves “substantially.”

“The Fed desires both a substantial and sustainable improvement in labor market conditions and is likely to read recent payroll growth as a positive step in the right direction, but just one step in a longer journey,” said Michael Gapen, director of United States research and global asset allocation at Barclays Capital.

The jobs snapshot for October was based on surveys conducted too early in the month to capture work disruptions across the East Coast caused by Hurricane Sandy. Economists expect that businesses and employment will resume their normal activity by the next jobs survey, in mid-November, and that some industries are likely to show an increase in hiring because of the storm.

“We had a lot of lost hours worked and production stuff still delayed, but much of that will be offsets by hiring of emergency workers, government workers and construction, to do all that emergency fixing,” said Diane Swonk, chief economist at Mesirow Financial.

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