Dr. William F. House, Inventor of Cochlear Implant, Dies





Dr. William F. House, a medical researcher who braved skepticism to invent the cochlear implant, an electronic device considered to be the first to restore a human sense, died on Dec. 7 at his home in Aurora, Ore. He was 89.




The cause was metastatic melanoma, his daughter, Karen House, said.


Dr. House pushed against conventional thinking throughout his career. Over the objections of some, he introduced the surgical microscope to ear surgery. Tackling a form of vertigo that doctors had believed was psychosomatic, he developed a surgical procedure that enabled the first American in space to travel to the moon. Peering at the bones of the inner ear, he found enrapturing beauty.


Even after his ear-implant device had largely been supplanted by more sophisticated, and more expensive, devices, Dr. House remained convinced of his own version’s utility and advocated that it be used to help the world’s poor.


Today, more than 200,000 people in the world have inner-ear implants, a third of them in the United States. A majority of young deaf children receive them, and most people with the implants learn to understand speech with no visual help.


Hearing aids amplify sound to help the hearing-impaired. But many deaf people cannot hear at all because sound cannot be transmitted to their brains, however much it is amplified. This is because the delicate hair cells that line the cochlea, the liquid-filled spiral cavity of the inner ear, are damaged. When healthy, these hairs — more than 15,000 altogether — translate mechanical vibrations produced by sound into electrical signals and deliver them to the auditory nerve.


Dr. House’s cochlear implant electronically translated sound into mechanical vibrations. His initial device, implanted in 1961, was eventually rejected by the body. But after refining its materials, he created a long-lasting version and implanted it in 1969.


More than a decade would pass before the Food and Drug Administration approved the cochlear implant, but when it did, in 1984, Mark Novitch, the agency’s deputy commissioner, said, “For the first time a device can, to a degree, replace an organ of the human senses.”


One of Dr. House’s early implant patients, from an experimental trial, wrote to him in 1981 saying, “I no longer live in a world of soundless movement and voiceless faces.”


But for 27 years, Dr. House had faced stern opposition while he was developing the device. Doctors and scientists said it would not work, or not work very well, calling it a cruel hoax on people desperate to hear. Some said he was motivated by the prospect of financial gain. Some criticized him for experimenting on human subjects. Some advocates for the deaf said the device deprived its users of the dignity of their deafness without fully integrating them into the hearing world.


Even when the American Academy of Ophthalmology and Otolaryngology endorsed implants in 1977, it specifically denounced Dr. House’s version. It recommended more complicated versions, which were then under development and later became the standard.


But his work is broadly viewed as having sped the development of implants and enlarged understanding of the inner ear. Jack Urban, an aerospace engineer, helped develop the surgical microscope as well as mechanical and electronic aspects of the House implant.


Karl White, founding director of the National Center for Hearing Assessment and Management, said in an interview that it would have taken a decade longer to invent the cochlear implant without Dr. House’s contributions. He called him “a giant in the field.”


After embracing the use of the microscope in ear surgery, Dr. House developed procedures — radical for their time — for removing tumors from the back portion of the brain without causing facial paralysis; they cut the death rate from the surgery to less than 1 percent from 40 percent.


He also developed the first surgical treatment for Meniere’s disease, which involves debilitating vertigo and had been viewed as a psychosomatic condition. His procedure cured the astronaut Alan B. Shepard Jr. of the disease, clearing him to command the Apollo 14 mission to the moon in 1971. In 1961, Shepard had become the first American launched into space.


In presenting Dr. House with an award in 1995, the American Academy of Otolaryngology-Head and Neck Surgery Foundation said, “He has developed more new concepts in otology than almost any other single person in history.”


William Fouts House was born in Kansas City, Mo., on Dec. 1, 1923. When he was 3 his family moved to Whittier, Calif., where he grew up on a ranch. He did pre-dental studies at Whittier College and the University of Southern California, and earned a doctorate in dentistry at the University of California, Berkeley. After serving his required two years in the Navy — and filling the requisite 300 cavities a month — he went back to U.S.C. to pursue an interest in oral surgery. He earned his medical degree in 1953. After a residency at Los Angeles County Hospital, he joined the Los Angeles Foundation of Otology, a nonprofit research institution founded by his brother, Howard. Today it is called the House Research Institute.


Many at the time thought ear surgery was a declining field because of the effectiveness of antibiotics in dealing with ear maladies. But Dr. House saw antibiotics as enabling more sophisticated surgery by diminishing the threat of infection.


When his brother returned from West Germany with a surgical microscope, Dr. House saw its potential and adopted it for ear surgery; he is credited with introducing the device to the field. But again there was resistance. As Dr. House wrote in his memoir, “The Struggles of a Medical Innovator: Cochlear Implants and Other Ear Surgeries” (2011), some eye doctors initially criticized his use of a microscope in surgery as reckless and unnecessary for a surgeon with good eyesight.


Dr. House also used the microscope as a research tool. One night a week he would take one to a morgue for use in dissecting ears to gain insights that might lead to new surgical procedures. His initial reaction, he said, was how beautiful the bones seemed; he compared the experience to one’s first view of the Grand Canyon. His wife, the former June Stendhal, a nurse, often helped.


She died in 2008 after 64 years of marriage. In addition to his daughter, Dr. House is survived by a son, David; three grandchildren; and two great-grandchildren.


The implant Dr. House invented used a single channel to deliver information to the hearing system, as opposed to the multiple channels of competing models. The 3M Company, the original licensee of the House implant, sold its rights to another company, the Cochlear Corporation, in 1989. Cochlear later abandoned his design in favor of the multichannel version.


But Dr. House continued to fight for his single-electrode approach, saying it was far cheaper, and offered voluminous material as evidence of its efficacy. He had hoped to resume production of it and make it available to the poor around the world.


Neither the institute nor Dr. House made any money on the implant. He never sought a patent on any of his inventions, he said, because he did not want to restrict other researchers. A nephew, Dr. John House, the current president of the House institute, said his uncle had made the deal to license it to the 3M Company not for profit but simply to get it built by a reputable manufacturer.


Reflecting on his business decisions in his memoir, Dr. House acknowledged, “I might be a little richer today.”


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Disruptions: Disruptions: Instagram Testimony Doesn't Add Up

SAN FRANCISCO — On a late August morning, Kevin Systrom, chief executive of Instagram, took an oath before testifying at a hearing of the California Corporations Department, which sought to determine if Facebook’s acquisition of the photo sharing service was in the best interest of Instagram investors.

When asked if his company had received any offers besides Facebook’s at the time of the negotiations, Mr. Systrom replied, “No, we never received any offers,” according to transcripts of the hearings. He went on to say Instagram had “talked to other parties, but never received any formal offers from anybody else.”

Ivan V. Griswold, a lawyer for the state regulators, asked again: “Immediately before the negotiations, did you receive any offers from invest — .” Before he could finish his question, the transcripts show, Mr. Systrom cut him off.

“We never received any formal offers or term sheets,” Mr. Systrom said. “No.”

Yet the accounts of several people close to Twitter and Facebook, and documents reviewed by The New York Times, contradict the statements he made under penalty of perjury.

Mr. Systrom and Mike Krieger, the other founder of Instagram, held several meetings as late as March with top Twitter executives, according to people on both sides of the negotiations, who requested anonymity because the talks were supposed to be private and because they were concerned about legal repercussions. These people said the two sides had verbally agreed just weeks earlier on a price for Instagram of $525 million in cash and Twitter shares.

Mr. Systrom told Twitter on March 20 that he and Mr. Krieger had thought about the offer and had decided to “remain independent.” Less than three weeks later, Twitter found out, along with the rest of the world, that Instagram had agreed to be acquired by Facebook in a $1 billion deal negotiated personally by Facebook’s chief executive, Mark Zuckerberg.

The people familiar with the negotiations said Twitter executives were shocked that they had not been given an opportunity to present a counteroffer. They said Twitter was prepared to make higher offers.

Facebook and Mr. Systrom declined to comment about the statements made to regulators or the talks with Twitter. Gabriel Stricker, a Twitter spokesman, also declined to comment.

Although it might seem unimportant whether wealthy investors made a few million dollars less than they could have, those investors often represent funds that include workers’ pensions and mutual funds. The case could also be seen as another example of a large tech company’s sidestepping regulators.

Statements made by other people involved in the Instagram deal don’t add up, either. When Facebook submitted its applications to California regulators, its general counsel, Ted Ullyot, wrote that although the board had considered possible alternatives, there was a “lack of interest in acquiring the company expressed by other potential acquirers of the company.” Through a spokesman, Facebook declined to comment.

Mark Leyes, director of communications for the Corporations Department, said the department — which is supposed to protect consumers and investors from self-dealing in financial transactions — had “not received any complaints or protests of our original fairness hearing proceedings in the Facebook/Instagram acquisition.”

In general, said Eric Talley, a law professor at the University of California, Berkeley, “if there is sworn testimony, there are perjury risks.” Also, he added, “there are fraud risks in which an inaccurate statement to your investors could violate antifraud laws at both the state or federal level.”

Dr. Talley said there were many reasons people might try to hide information from investors, including “deal sweeteners,” in which someone might be allowed to remain chief executive of a company or be given higher cash compensation.

Mr. Systrom, who previously worked on mergers and acquisitions at Google, was careful about his interactions with Twitter from the start. He asked to meet in restaurants around San Francisco, rather than in either company’s office, according to people briefed on the talks. When he was handed the term sheet by a Twitter employee, a nonbinding document outlining the terms of a proposed acquisition, he read it and then handed it back, asking Twitter executives to hold on to it over the weekend as he weighed the details, those people said.

It is possible investors would have been better off selling in an open auction, to Twitter or even to Google or Microsoft.

The deal with Facebook closed at $735 million in early September, after Facebook’s stock plunged because of investors’ fears that its revenue growth prospects were weak. Given that the privately traded Twitter is expected to make $1 billion in revenue next year, which would increase its valuation considerably, Instagram investors might have made millions of more dollars.

It is unclear why Facebook didn’t mention Twitter’s interest. A clue might be found in the company’s amended S-1 filing with the Securities and Exchange Commission, outlining details of the Instagram acquisition: it used language often reserved for antitrust cases.

The wording in the updated S-1 filing, which included a termination fee of 20 percent if the deal fell through, “suggests that there really was some concern about antitrust clearance from the F.T.C.,” Dr. Talley said, referring to the Federal Trade Commission. “These antitrust questions would not have been raised if Instagram was selling to Twitter or Google.”

An F.T.C. spokesman, Mitchell J. Katz, declined to comment.

Facebook has tangled with regulators before. What the company does with its customers’ data attracted the attention of the F.T.C., which accused it last year of “unfair and deceptive” practices. The agency’s settlement with the company required Facebook to respect its users’ privacy wishes and to submit to regular privacy audits for 20 years.

Facebook has also sparred with the S.E.C. over its depiction of its mobile strategy in its filing to go public.

At the end of the Corporations Department hearing, regulators asked Mr. Systrom a third time about other offers: if there had been “any other inquiries from third parties about a possible acquisition of Instagram” after the Facebook deal was announced. Although Twitter executives had since tried to contact Mr. Systrom, he replied, “I and the board have not received any.”

E-mail: bilton@nytimes.com

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Liberal Democratic Party Returns to Power in Japan


Christopher Jue/European Pressphoto Agency


Japanese poll workers counted ballots at a polling station in Tokyo during parliamentary elections on Sunday.







TOKYO — Japan’s voters handed a landslide victory to the Liberal Democratic Party in parliamentary elections on Sunday, giving power back to the conservative party that had governed Japan for decades until a historic defeat three years ago.




In a chaotic election crowded with new parties making sweeping promises, from abolishing nuclear power after the disaster at Fukushima to creating an American-style federal system, the Liberal Democrats prevailed with their less radical vision of reviving the recession-bound economy and standing up to an increasingly assertive China. The win was a dramatic comeback for the party that built postwar Japan, but was ejected from power in 2009 after failing to end two decades of social and economic stagnation.


A victory all but ensures that the Liberal Democratic leader, Shinzo Abe, a former prime minister who is one Japan’s most outspoken nationalists, will be able to form a government with himself as prime minister.


However, many Japanese saw Sunday’s vote not as a weakening of Japan’s desire for change, or a swing to the anti-Chinese right, but as a rebuke of the incumbent Democrats, who had swept aside the Liberal Democrats with bold vows to overhaul Japan’s sclerotic postwar order, only to disappoint voters by failing to deliver. Mr. Abe acknowledged as much, saying that his party had simply ridden a wave of public disgust in the failures of his opponents.


“We recognize that this was not a restoration of confidence in the Liberal Democratic Party, but a rejection of three years of incompetent rule by the Democratic Party,” Mr. Abe told reporters on Sunday.


In the powerful lower house, the Liberal Democrats held a commanding lead, winning 266 of the 400 seats that had been decided. NHK, Japan’s national broadcaster, was forecasting that the Liberal Democrats could win more than 300 of the 480 seats up for grabs, which would almost mirror the results in 2009, when the Democrats won 308 seats. The Democrats won only 44 of the seats that had been decided, putting them in a dead heat for a distant second place with the news Japan Restoration Party, which was started by Osaka’s popular mayor. It was a crushing defeat for a party whose victory three years ago was heralded as the start of a vigorous two-party democracy.


Prime Minister Yoshihiko Noda resigned as head of the Democratic Party to take responsibility for the loss, despite holding onto to his own seat in Chiba, outside Tokyo.


“We failed to meet the people’s hopes after the change of government three years and four months ago,” Mr. Noda told reporters.


In a sign of how far the pendulum had swung against the incumbents, former Prime Minister Naoto Kan was fighting to keep his seat from an unknown Liberal Democratic challenger in a contest that remained too close to call. Other prominent members also lost their seats in what was increasingly looking like a rout.


“We tried the Democratic Party for three years, and it was a total disaster,” said Hideyuki Takizawa, a 52-year-old stockbroker at a polling station in the Tokyo suburb of Kawagoe. Mr. Takizawa said he had voted for the Democrats in the last election but had opted for the Liberal Democrats this time. “I have higher hopes now in the Liberal Democratic Party, especially in foreign affairs,” he said.


On declaring victory, Mr. Abe quickly promised to pass a massive spending bill, and said stimulating the faltering economy and ending deflation were his top priorities. He also promised help for the nation’s beleaguered export sector including more aggressive steps to drive down the yen and make Japanese products cheaper abroad.


There had been concerns that the hawkish Mr. Abe might try to fan Japanese anxieties over China’s growing strength, particularly that nation’s increasingly assertive claims to disputed islands in the East China Sea known as the Senkaku in Japan and the Diaoyu in Chinese. But Mr. Abe promised to move quickly to improve ties with China, Japan’s largest trading partner.


Makiko Inoue in Kawagoe, Japan, contributed reporting.



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School Yoga Class Draws Religious Protest From Christians


T. Lynne Pixley for The New York Times


Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination. More Photos »







ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.




Jackie Bergeron’s first-grade yoga class was in full swing.


“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”


Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.


A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.


After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.


Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.


“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”


Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.


Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.


Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.


“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.


“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.


The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.


The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.


The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.


Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.


The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.


“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”


Ms. Eady is not convinced.


“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”


Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.


“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”


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School Yoga Class Draws Religious Protest From Christians


T. Lynne Pixley for The New York Times


Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination. More Photos »







ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.




Jackie Bergeron’s first-grade yoga class was in full swing.


“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”


Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.


A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.


After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.


Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.


“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”


Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.


Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.


Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.


“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.


“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.


The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.


The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.


The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.


Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.


The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.


“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”


Ms. Eady is not convinced.


“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”


Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.


“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”


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Microsoft Battles Google by Hiring Political Brawler Mark Penn


SEATTLE — Mark Penn made a name for himself in Washington by bulldozing enemies of the Clintons. Now he spends his days trying to do the same to Google, on behalf of its archrival Microsoft.


Since Mr. Penn was put in charge of “strategic and special projects” at Microsoft in August, much of his job has involved efforts to trip up Google, which Microsoft has failed to dislodge from its perch atop the lucrative Internet search market.


Drawing on his background in polling, data crunching and campaigning, Mr. Penn created a holiday commercial that has been running during Monday Night Football and other shows, in which Microsoft criticizes Google for polluting the quality of its shopping search results with advertisements. “Don’t get scroogled,” it warns. His other projects include a blind taste test, Coke-versus-Pepsi style, of search results from Google and Microsoft’s Bing.


The campaigns by Mr. Penn, 58, a longtime political operative known for his brusque personality and scorched-earth tactics, are part of a broader effort at Microsoft to give its marketing the nimbleness of a political campaign, where a candidate can turn an opponent’s gaffe into a damaging commercial within hours. They are also a sign of the company’s mounting frustration with Google after losing billions of dollars a year on its search efforts, while losing ground to Google in the browser and smartphones markets and other areas.


Microsoft has long attacked Google from the shadows, whispering to regulators, journalists and anyone else who would listen that Google was a privacy-violating, anticompetitive bully. The fruits of its recent work in this area could come next week, when the Federal Trade Commission is expected to announce the results of its antitrust investigation of Google, a case that echoes Microsoft’s own antitrust suit in the 1990s. A similar investigation by the European Union is also wrapping up. A bad outcome for Google in either one would be a victory for Microsoft.


But Microsoft, based in Redmond, Wash., has realized that it cannot rely only on regulators to scrutinize Google — which is where Mr. Penn comes in. He is increasing the urgency of Microsoft’s efforts and focusing on their more public side.


In an interview, Mr. Penn said companies underestimated the importance of policy issues like privacy to consumers, as opposed to politicians and regulators. “It’s not about whether they can get them through Washington,” he said. “It’s whether they can get them through Main Street.”


Jill Hazelbaker, a Google spokeswoman, declined to comment on Microsoft’s actions specifically, but said that while Google also employed lobbyists and marketers, “our focus is on Google and the positive impact our industry has on society, not the competition.”


In Washington, Mr. Penn is a lightning rod. He developed a relationship with the Clintons as a pollster during President Bill Clinton’s 1996 re-election campaign, when he helped identify the value of “soccer moms” and other niche voter groups.


As chief strategist for Hillary Clinton’s unsuccessful 2008 campaign for president, he conceived the “3 a.m.” commercial that raised doubts about whether Barack Obama, then a senator, was ready for the Oval Office. Mr. Penn argued in an essay he wrote for Time magazine in May that “negative ads are, by and large, good for our democracy.”


But his approach has ended up souring many of his professional relationships. He left Mrs. Clinton’s campaign after an uproar about his consulting work for the government of Colombia, which was seeking the passage of a trade treaty with the United States that Mrs. Clinton, then a senator, opposed.


“Google should be prepared for everything but the kitchen sink thrown at them,” said a former colleague who worked closely with Mr. Penn in politics and spoke on condition of anonymity. “Actually, they should be prepared for the kitchen sink to be thrown at them, too.”


Hiring Mr. Penn demonstrates how seriously Microsoft is taking this fight, said Michael A. Cusumano, a business professor at M.I.T. who co-wrote a book about Microsoft’s browser war.


“They’re pulling out all the stops to do whatever they can to halt Google’s advance, just as their competition did to them,” Professor Cusumano said. “I suppose that if Microsoft can actually put a doubt in people’s mind that Google isn’t unbiased and has become some kind of evil empire, they might very well get results.”


Nick Wingfield reported from Seattle and Claire Cain Miller from San Francisco.



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China Steps Up Pressure On Japan in Island Dispute





BEIJING — A modest-looking twin-propeller Chinese aircraft loaded with radar and other surveillance equipment swooped low over the waters close to disputed islands in the East China Sea on Thursday, the latest move by China to increase the pressure on Japan over who owns the uninhabited island chain.




By itself, the less than 30-minute flight by the nine-year-old plane into what Japan considers its airspace did not amount to much. Japanese F-15 jets were sent in response, but the Chinese plane had left by the time they got to the area.


But the Chinese sortie was part of a steady escalation in the air, on the sea and in public statements by China against Japan, a strategy that analysts say was fixed upon three months ago to take back the islands known as Diaoyu in China and the Senkaku in Japan. The strategy, they say, is being overseen by the new leader, Xi Jinping.


Just days before the Chinese plane ventured into Japanese airspace, four Chinese warships, returning from an exercise elsewhere, entered waters near the islands, cruised along for five hours and then left, Chinese state news media said. Chinese law enforcement boats have been patrolling the waters close to the islands regularly since September, but the appearance of the Chinese Navy near the islands on three occasions, combined with the incursion by the plane, adds new dangers to the dispute, analysts said.


In effect, they say, the Chinese authorities are trying to unilaterally change the status quo of the islands, which have been administered by Japan for decades, attempting to use the air and naval patrols as evidence of their own longstanding claim.


“China is now challenging Japan’s effective control of the islands with ships on the water and planes in the air,” said M. Taylor Fravel, associate professor of political science at the Massachusetts Institute of Technology.


The goal was to deter Japan from trying to develop the islands, he said, but there was an inherent risk that an accident at sea or in the air between the two sides could spiral out of control with unforeseen consequences.


Japan, which itself regularly patrols the islands, argues that the Chinese have no case. Japanese officials say the Chinese began claiming the islands were historically theirs only in the early 1970s, after evidence emerged that the seabeds nearby might hold rich oil and natural gas deposits. The latest dispute over the islands began months ago, when the right-wing governor of Tokyo suggested that his city might buy some of them back from a Japanese family to ensure that China did not challenge Japan’s control. The central government then bought the islands, saying it was trying to keep them out of the governor’s hands, but China viewed the purchase as a provocation.


The stepped-up pressure by China has come as the Japanese prepare to go to the polls on Sunday in an election that is likely to return to power the former prime minister, Shinzo Abe, of the conservative Liberal Democratic Party. Although Mr. Abe in the past has tried to improve relations with China, he is also known as a hawk and has campaigned on strengthening Japan’s defense forces against China’s mounting challenges. The Japanese Navy is considered one of the world’s most sophisticated, but China is increasing its naval capacity.


In China, Mr. Xi was appointed as head of a powerful interagency group formed in September at the top of the Chinese government to oversee the country’s maritime disputes. That was two months before he assumed the leadership of the Communist Party and before he became the civilian head of the military at the 18th Party Congress.


That means that for three months now, Mr. Xi has had a critical say in how China conducts its strategy with Japan, Western and Chinese analysts say.


At the same time, China has put greater focus on its growing maritime capacities. The outgoing leader, Hu Jintao, said in a farewell address that China aimed to become a maritime power. A highlight of Mr. Xi’s just-finished tour of southern China was a visit to one of China’s most advanced destroyers, the Haikou, which often patrols the South China Sea, another disputed area off China’s shores.


The dispute with Japan carries great resonance with the Chinese public.


The older generation recalls the history of the 1894 Sino-Japanese war when Japan humiliated China at sea, and Chinese argue that Japan’s annexation of the islands the next year was a first step in empire-building that culminated in its invasion of China in the 1930s.


The younger generation bristles with the themes of a revised 1990s nationalistic school curriculum even as they buy classy Japanese cars, electronics and fashion.


The economic fallout from the dispute has hurt Japan, but may not leave China unscathed, either.


Japanese economists say that Japanese auto sales in China, where top-tier Japanese brands were something of a status symbol, slumped precipitously in September and October. There has been a slight recovery since those lows, they said.


Some Japanese manufacturers in China, including Toyota and Sony, suspended production after anti-Japanese protests related to the islands, and laid off Chinese employees who demanded higher wages when they returned. Some Chinese economists have warned the government that large-scale boycotts of Japanese goods could lead to huge job losses in a softening Chinese economy.


With little prospect of a return to more normal relations anytime soon, some Japanese factories in China are beginning to seek alternative locations in Southeast Asia, such as Myanmar, where wages are lower and employees are less demanding, according to Japanese surveys.


As the dispute drags on, China’s words and actions in international forums have escalated, too. The foreign minister, Yang Jiechi, wrote in an article in The People’s Daily last week that China would “resolutely fight against the Japanese side” over what he called the illegal purchase of the islands.


On Friday, China submitted documents to the United Nations detailing its claims to the continental shelf in the East China Sea, another step toward establishing its legal rights.


In mid-September, as the islands dispute intensified, a vice minister of foreign affairs, Le Yucheng, foreshadowed China’s unfolding game plan. Referring to the claims that would be handed to the United Nations, he said: “All these are proclamations of China’s sovereignty.” China, he said, “will take tit-for-tat measures to protect our territory as the situation develops.”


Bree Feng contributed reporting.



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European Leaders Back Banking Regulation but Delay Further Measures


BRUSSELS — E.U. leaders pledged Friday to take further steps to set up common banking rules for the bloc. But they delayed plans for a shared budget for the euro zone nations, amid signs of easing pressure on the single currency.


At the end of a two-day summit meeting, the leaders fully endorsed a deal, hashed out early Thursday by E.U. finance ministers, to place the region’s biggest banks under the supervision of the European Central Bank.


The leaders also agreed on the need to put in place by 2014 a central means for shutting down failing euro zone banks. That policy is aimed at stopping banks from accumulating so much debt that they put the finances of states like Ireland and Spain at risk, in turn threatening the future of the single currency.


But the leaders also appeared to take advantage of the relative calm in financial markets to avoid rushing toward any further central integration of banking in the region.


At a news conference Friday at the end of the meeting, Chancellor Angela Merkel of Germany brushed off suggestions that leaders were complacent. She acknowledged, however, the ongoing difficulties of pushing 27 different nations to adopt similar fiscal and economic systems in the middle of a period of low growth and high unemployment.


“On the one hand, we have accomplished a lot,” she said. “But we also have tough times ahead of us that can’t be solved with one big step.”


Analysts were mostly unimpressed by the results.


“The E.U. summit failed to deliver any big decisions,” Gizem Kara, an analyst with BNP Paribas, wrote in a research note Friday. “Certainly, some countries — Germany, in particular, with its election in September — may want to postpone major decisions as much as possible.”


Pursuing a more integrated banking framework could entail even more difficult negotiations than in the case of the banking supervisor because it implies that nations share some liability for failing lenders in other countries and that they give up some sovereign rights over how those decisions would be made.


As part of efforts to make it acceptable, the E.U. leaders said the resolution system should receive significant funding by banks, in advance. A financial “backstop” to ensure failing banks do not endanger national finances should be “fiscally neutral over the medium term” and ensure that “public assistance is recouped by means of ex post levies on the financial industry,” the leaders said in their formal conclusions.


But other plans, such as for a grander budget for the euro area, would have to wait amid continuing disagreement on what it should be used for.


France has continued to emphasize the need for a budget to counter economic shocks and better manage unemployment. But Germany wants the money mainly available for countries that carry out painful structural reforms.


Leaders agreed to establish a so-called solidarity fund for euro area countries, which would be limited to between €10 billion and €20 billion, or $13 billion and $26 billion. The fund would be linked to countries signing contracts in exchange for carrying out reforms.


“To me it seems rather intelligent to start with a specific fund dedicated to these contracts for employment, growth and competitiveness, more than waiting for an eventual budget for the euro zone that perhaps will never come,” the French president, François Hollande, said during a news conference Friday.


The current atmosphere of calm still could be broken by events in Italy, where the economy is contracting, debt levels are rising and Silvio Berlusconi, the scandal-tainted former prime minister, has threatened to try to reclaim his old office in an election next year.


It remained unclear Friday whether Mr. Berlusconi would run and, if that were to happen, whether he would campaign on promises to reverse reforms put in place by Mario Monti, the current prime minister.


But leaders are aware that the re-emergence of Mr. Berlusconi — who attended a meeting of center-right parties in Brussels on Thursday — could destabilize markets and even rekindle the financial crisis.


Ms. Merkel praised Mr. Monti during a press conference on Friday, but she said it was not her role to endorse him as a potential candidate. “What Mario Monti and his government have done in recent months has greatly contributed to a growing confidence in Italy,” she said.


Ms. Merkel said she would “not interfere as the head of the German government in the question of who is a candidate in Italy and how the elections are structured there.”


Mr. Hollande also said he did not wish to interfere in internal Italian matters, though he did take a swipe at the former prime minister. “I don’t think Berlusconi is all that serious,” Mr. Hollande told journalists in Brussels. “With him, what’s true one day is not necessarily true the next.”


David Jolly contributed reporting from Paris.


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Paper Links Nerve Agents in ’91 Gulf War and Ailments





Reviving a 20-year debate over illnesses of veterans of the 1991 Persian Gulf war, a new scientific paper presents evidence that nerve agents released by the bombing of Iraqi chemical weapons depots just before the ground war began could have carried downwind and fallen on American troops staged in Saudi Arabia.




The paper, published in the journal Neuroepidemiology, tries to rebut the longstanding Pentagon position, supported by many scientists, that neurotoxins, particularly sarin gas, could not have carried far enough to sicken American forces.


The authors are James J. Tuite and Dr. Robert Haley, who has written several papers asserting links between chemical exposures and gulf war illnesses. They assembled data from meteorological and intelligence reports to support their thesis that American bombs were powerful enough to propel sarin from depots in Muthanna and Falluja high into the atmosphere, where winds whisked it hundreds of miles south to the Saudi border.


Once over the American encampments, the toxic plume could have stalled and fallen back to the surface because of weather conditions, the paper says. Though troops would have been exposed to low levels of the agent, the authors assert that the exposures may have continued for several days, increasing their impact.


Though chemical weapons detectors sounded alarms in those encampments in the days after the January 1991 bombing raids, they were viewed as false by many troops, the authors report.


But a significant number of medical experts have cast doubts on the sarin gas theory over the years, and several said Thursday that the new paper did little to change their minds.


Dr. John Bailar, an emeritus professor at the University of Chicago who led a group that studied gulf war illnesses in 1996, said there was still no clear evidence that troops might have been exposed to levels of sarin significant enough to have a biological effect.


Dr. Bailar said that the stress of war rather than chemical agents might be a more likely cause of the veterans’ problems. “Gulf war syndrome is real,” he said, using the term for a constellation of symptoms. “And the veterans who have it deserve appropriate medical care. But we should not kid ourselves about its causes or about the most effective means of treatment.”


Nearly half of the 700,000 service members who were deployed in 1990 and 1991 for the gulf war have filed disability claims with the Department of Veterans Affairs, and more than 85 percent of those have been granted benefits, the department has reported.


Many of those veterans have reported long-lasting problems, including chronic pain, memory loss, persistent fatigue and diarrhea, some of which had no clear causes. Many veterans insist that their problems are not the result of stress but have a biological basis.


Paul Sullivan, a gulf war veteran who has advocated for more research into the illnesses, said the new paper provided “overwhelming scientific evidence” that exposure to chemical agents sickened those troops and that the Department of Veterans Affairs should ensure that all receive health care and benefits.


Panels of medical experts have come down on both sides of the issue, with one group in 2000 questioning whether low levels of sarin could cause long-term health problems and another in 2004 concluding that toxic chemicals had caused neurological damage in many troops.


The Pentagon has acknowledged that the postwar demolition of a chemical weapons depot at Kamisiya, in southern Iraq, may have exposed 100,000 troops to nerve gas. But the military has said it was unlikely that nerve gas caused long-term illnesses in troops, a position it reiterated on Thursday.


Read More..

Paper Links Nerve Agents in ’91 Gulf War and Ailments





Reviving a 20-year debate over illnesses of veterans of the 1991 Persian Gulf war, a new scientific paper presents evidence that nerve agents released by the bombing of Iraqi chemical weapons depots just before the ground war began could have carried downwind and fallen on American troops staged in Saudi Arabia.




The paper, published in the journal Neuroepidemiology, tries to rebut the longstanding Pentagon position, supported by many scientists, that neurotoxins, particularly sarin gas, could not have carried far enough to sicken American forces.


The authors are James J. Tuite and Dr. Robert Haley, who has written several papers asserting links between chemical exposures and gulf war illnesses. They assembled data from meteorological and intelligence reports to support their thesis that American bombs were powerful enough to propel sarin from depots in Muthanna and Falluja high into the atmosphere, where winds whisked it hundreds of miles south to the Saudi border.


Once over the American encampments, the toxic plume could have stalled and fallen back to the surface because of weather conditions, the paper says. Though troops would have been exposed to low levels of the agent, the authors assert that the exposures may have continued for several days, increasing their impact.


Though chemical weapons detectors sounded alarms in those encampments in the days after the January 1991 bombing raids, they were viewed as false by many troops, the authors report.


But a significant number of medical experts have cast doubts on the sarin gas theory over the years, and several said Thursday that the new paper did little to change their minds.


Dr. John Bailar, an emeritus professor at the University of Chicago who led a group that studied gulf war illnesses in 1996, said there was still no clear evidence that troops might have been exposed to levels of sarin significant enough to have a biological effect.


Dr. Bailar said that the stress of war rather than chemical agents might be a more likely cause of the veterans’ problems. “Gulf war syndrome is real,” he said, using the term for a constellation of symptoms. “And the veterans who have it deserve appropriate medical care. But we should not kid ourselves about its causes or about the most effective means of treatment.”


Nearly half of the 700,000 service members who were deployed in 1990 and 1991 for the gulf war have filed disability claims with the Department of Veterans Affairs, and more than 85 percent of those have been granted benefits, the department has reported.


Many of those veterans have reported long-lasting problems, including chronic pain, memory loss, persistent fatigue and diarrhea, some of which had no clear causes. Many veterans insist that their problems are not the result of stress but have a biological basis.


Paul Sullivan, a gulf war veteran who has advocated for more research into the illnesses, said the new paper provided “overwhelming scientific evidence” that exposure to chemical agents sickened those troops and that the Department of Veterans Affairs should ensure that all receive health care and benefits.


Panels of medical experts have come down on both sides of the issue, with one group in 2000 questioning whether low levels of sarin could cause long-term health problems and another in 2004 concluding that toxic chemicals had caused neurological damage in many troops.


The Pentagon has acknowledged that the postwar demolition of a chemical weapons depot at Kamisiya, in southern Iraq, may have exposed 100,000 troops to nerve gas. But the military has said it was unlikely that nerve gas caused long-term illnesses in troops, a position it reiterated on Thursday.


Read More..