Cosmo the God Hijacks Twitter Account of Hateful 'Church'



The 15-year-old hacker known as Cosmo the God was behind the takeover of a Westboro Baptist Church member’s Twitter feed, a source with direct knowledge of the attack confirmed to Wired on Monday.


Cosmo gained access to the @DearShirley Twitter account via an e-mail account, and from there was able to leverage control of the Twitter feed itself, according to the source, who spoke on condition of anonymity. As of this writing, the account remains up and operating, and seemingly beyond the control of its owner.


Westboro Baptist Church is notorious for picketing funerals of American soldiers killed in action in Iraq and Afghanistan. Last week the organization apparently announced its intention to protest at the funerals of the children killed at Sandy Hook, with spokewoman Shirley Lynn Phelps-Roper tweeting the following: “Westboro will picket Sandy Hook Elementary School to sing praise to God for the glory of his work in executing his judgment.”


The sentiment was echoed on Westboro Baptist Church’s website, which included the line “God sent the shooter to Newton, CT.”


The announcement triggered astonished outrage from observers, and the hacker group Anonymous declared open season on the group, publishing contact information for many of its members, including Phelps-Roper. Phelps-Roper’s Twitter account @DearShirley was then taken over early Monday morning.


Cosmo the God has been able to keep control of the account using a flaw in Twitter’s Zendesk system that allows an attacker to close an account support ticket before it’s acted on, according to the source, who demonstrated inside knowledge of the account takeover.

Cosmo and his group UG Nazi took part in many of the highest-profile hacking incidents of 2012, including taking down websites for NASDAQ, CIA.gov, and UFC.com, redirecting 4Chan’s DNS to point to its own Twitter feed, and defeating CloudFlare CEO Matthew Prince’s Google two-step authentication.


The teen’s social-engineering techniques allowed him to gain access to user accounts at Amazon, PayPal and a slew of other companies. He was arrested in June, as part of a multi-state FBI sting and was recently sentenced to probation until his 21st birthday, during which time he is prohibited from using the internet without supervision and prior consent.


The latest hack would seem to violate those terms. But it’s garnered Cosmo an unending stream of Twitter praise. “I love that @cosmothegod hacked @DearShirley!! I’m glad that there is one less hateful twitter account,” wrote one fan. “I think @cosmothegod deserves a medal for hacking @DearShirley and making everyone’s day,” another tweeted.


Wired sought to reach Westboro Baptist Church for comment, but its phone line was consistently busy.


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Amazon adds episodes of alt-comedy show “UnCabaret”






LOS ANGELES (TheWrap.com) – Amazon Instant Video has added four exclusive episodes of “UnCabaret,” an alt-comedy showcase for the likes of Margaret Cho and Andy Dick, to its Prime Instant Video service.


The show was created and hosted by comedian and entertainer Beth Lapides and features performances by such comedy stars as Sandra Bernhard, Garfunkle and Oates, Greg Fitzsimmons and Rob Delaney. Instead of punch-line driven sets, performers are encouraged to show off story-based stream-of-consciousness acts.






Amazon Prime members will get free access to the titles. The episodes will be available for rental or purchase for Amazon Instant Video customers on an a la carte basis.


Amazon Prime costs $ 79 annually and gives members free two-day shipping as well as streaming access to movies and shows from the likes of Paramount and Disney-ABC. The catalog of titles grew a little larger Monday. In addition to “UnCabaret,” Amazon announced an exclusive content licensing agreement with Turner Broadcasting System and Warner Bros. TV to add two TNT shows, “Falling Skies” and “The Closer” to its service.


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Philippine Lawmakers Pass Reproductive Health Bill





MANILA — After a ferocious national debate that pitted family members against one another, and some faithful Catholics against their church, the Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control.







Jay Directo/Agence France-Presse — Getty Images

Supporters of a landmark reproductive health bill celebrated as the Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control. 








Jay Directo/Agence France-Presse — Getty Images

Opponents of a reproductive health bill, including a Catholic nun, looked at portraits of Philippine legislators as they passed a landmark measure Monday.






“The people now have the government on their side as they raise their families in a manner that is just and empowered,” said Edwin Lacierda, a spokesman for President Benigno S. Aquino III, who pushed for passage.


Each chamber of the national legislature passed its own version of the measure — by 13 to 8 in the Senate and 133 to 79 in the House of Representatives — and minor differences between the two must be reconciled before the measure goes to Mr. Aquino for his signature.


The measure had been stalled for more than a decade because of determined opposition from the Roman Catholic Church. Roughly four-fifths of Filipinos are Catholic.


Birth control is legal and widely available in the Philippines for people who can afford it, particularly those living in cities. But condoms, birth control pills and other methods can be difficult to find in rural areas, and their cost puts them out of reach for the very poor.


“Some local governments have passed local ordinances that banned the sale of condoms and contraceptives and forbid their distribution in government clinics, where most poor Filipinos turn for health care,” Human Rights Watch said in a statement on the issue, adding that the new bill would override such ordinances.


The measure passed on Monday would stock government health centers, including those in remote areas, with free or subsidized birth control options for the poor. It would require sex education in public schools and family-planning training for community health officers. The Philippines has one of the highest birthrates in Asia, but backers of the legislation, including the Aquino administration, have said repeatedly that its purpose is not to limit population growth. Rather, they say, the bill is meant to offer poor families the same reproductive health options that wealthier people in the country enjoy.


The United Nations Population Fund estimates that half of the 3.4 million pregnancies in the Philippines each year are unintended, and that there are 11 pregnancy-related deaths in the country each day, on average. Most of those could be avoided, the organization says, through improved maternal health care, a need that proponents say the new legislation will directly address.


Catholic Church officials took a hard line against the measure, saying it was out of line with the beliefs of most religious Filipinos. The church equated contraception with abortion, which is illegal in the Philippines.


“These artificial means are fatal to human life, either preventing it from fruition or actually destroying it,” the Catholic Bishops’ Conference of the Philippines said in a statement on the eve of the votes in Congress.


The statement cited health risks associated with some forms of birth control, but the bishops’ strongest objections have been lodged on moral rather than medical grounds. In a pastoral letter, they said: “The youth are being made to believe that sex before marriage is acceptable, provided you know how to avoid pregnancy. Is this moral? Those who corrupt the minds of children will invoke divine wrath on themselves.”


The legislation prompted a heated national debate in the Philippines over the role that government should play in family planning and women’s health.


“This bill no doubt has inflicted a very wide chasm of division in our society,” said Juan Ponce Enrile, the president of the Senate. “Families are even divided, mother and daughter differing in their views, husband and wife differing in their views.” Mr. Enrile opposed the bill; his son, Juan, a congressman, voted in favor of it.


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Sasol Betting Big on Gas-to-Liquid Plant in U.S.


Oryx


The Oryx natural gas processing plant in Qatar, where Sasol is converting natural gas to diesel fuel.







RAS LAFFAN INDUSTRIAL CITY, Qatar — The compact assembly of towers, tubes and tanks that make up the Oryx natural gas processing plant is almost lost in a vast petrochemical complex that rises here like a hazy mirage from a vast ocean of sand.










A blog about energy and the environment.









ORYX GTL

The Sasol plant in Qatar makes 32,000 barrels of liquid fuels daily. Experts say the economics of the process are challenged.






But what is occurring at Oryx is a particular kind of alchemy that has tantalized scientists for nearly a century with prospects of transforming the energy landscape. Sasol, a chemical and synthetic fuels company based in South Africa, is converting natural gas to diesel fuel using a variation of a technology developed by German scientists in the 1920s.


Performing such chemical wizardry is exceedingly costly. But executives at Sasol and a partner, Qatar’s state-owned oil company, are betting that natural gas, which is abundant here, will become the dominant global fuel source over the next 50 years, oil will become scarcer and more expensive and global demand for transport fuels will grow.


Sasol executives say the company believes so strongly in the promise of this technology that this month, it announced plans to spend up to $14 billion to build the first gas-to-liquids plant in the United States, in Louisiana, supported by more than $2 billion in state incentives. A shale drilling boom in that region in the last five years has produced a glut of cheap gas, and the executives say Sasol can tap that supply to make diesel and other refined products at competitive prices.


Marjo Louw, president of Sasol Qatar, says that his company can produce diesel fuel that burns cleaner, costs less and creates less greenhouse gas pollution than fuel derived from crude oil.


“We believe the planets are aligned for G.T.L.,” Mr. Louw said during a recent tour of the Oryx plant. “Other players — much bigger players — will follow.”


Perhaps. So far, however, the record for converting gas to liquids is spotty.


The newest and largest plant in operation, Royal Dutch Shell’s giant Pearl plant, also in Qatar, cost the leviathan sum of $19 billion, more than three times its original projected cost, and has been plagued with unexpected maintenance problems. BP and ConocoPhillips built and briefly operated demonstration plants in Alaska and Oklahoma, but stopped short of full development of the technology. Exxon Mobil and ConocoPhillips announced plans to build giant plants in Qatar, but backed out, putting their capital instead into terminals to export liquefied natural gas.


Today only a handful of gas-to-liquids plants operate commercially, in Malaysia, South Africa and Qatar. Together they produce only a bit more than 200,000 barrels of fuels and lubricants a day — equivalent to less than 1 percent of global diesel demand.


“The reason you see so few G.T.L. plants is the economics are challenged at best,” said William M. Colton, Exxon Mobil’s vice president of corporate strategic planning. “We do not see it being a relevant source of fuels over the next 20 years.”


Many analysts and industry insiders say the technology makes sense only when oil and gas supplies and prices are far out of balance, as they are today in Qatar and the United States. When oil and gas come into alignment, gas-to-liquids ventures will become white elephants, these skeptics say. Environmentalists also say that the huge energy inputs required to transform natural gas into diesel or other fuels negate any greenhouse gas benefits.


Until recently, the method used to convert natural gas or coal to liquid fuel — known as the Fischer-Tropsch process after the Germans who invented it — had been used only by pariah nations desperate for transportation fuels when they had little or no oil available. For decades, South Africa defended its system of apartheid from international oil embargoes by producing synthetic oil from its rich coal resources. Nazi Germany did the same to fuel its military machine in World War II.


But with North Africa and the Middle East chronically unstable and natural gas cheap and plentiful in the United States, some say the technology is now an enticing option to produce various fuels without importing a drop of oil.


Shell may soon announce a tentative site for a gas-to-liquids plant on the Gulf Coast of the United States. Given what the company learned from its Qatar plant, executives say it would reduce costs in any new one by using different types of valves and alloys.


But Ken Lawrence, Shell’s vice president for investor relations in North America, said the company was still two years away from a final decision on an American plant.


That leaves Sasol in the forefront of the gas-to-liquids effort.


John M. Broder reported from Ras Laffan Industrial City, Qatar, and Clifford Krauss from Houston.

John M. Broder reported from Ras Laffan Industrial City, Qatar, and Clifford Krauss from Houston.



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‘Hobbit’ bests ‘Rings’ with $84.8 million opening






NEW YORK (AP) — Peter Jackson‘s “The Hobbit” led the box office with a haul of $ 84.8 million, a record-setting opening better than the three previous “Lord of the Rings” films.


The Warner Bros. Middle Earth epic was the biggest December opening ever, surpassing Will Smith’s “I Am Legend,” which opened with $ 77.2 million in 2007, according to studio estimates Sunday. “The Hobbit: An Unexpected Journey” also passed the December opening of “Avatar,” which opened with $ 77 million. Internationally, “The Hobbit” also added $ 138.2 million, for an impressive global debut of $ 223 million.






Despite weak reviews, the 3-D adaptation of J. R. R. Tolkien‘s first novel in the fantasy series was an even bigger draw than the last “Lord of the Rings” movie, “The Return of the King.” That film opened with $ 72.6 million. “The Hobbit” is the first of another planned trilogy, with two more films to be squeezed out of Tolkien’s book.


While Jackson’s “Rings” movies drew many accolades — “The Return of the King” won best picture from the Academy Awards — the path for “The Hobbit” has been rockier. It received no Golden Globes nominations on Thursday, though all three “Rings” films were nominated by the Hollywood Foreign Press Association for best picture.


Particularly criticized has been the film’s 48-frames-per-second (double the usual rate), a hyper-detailed look that some have found jarring. Most moviegoers didn’t see “The Hobbit” in that version, though, as the new technology was rolled out in only 461 of the 4,045 theaters playing the film.


Regardless of any misgivings over “The Hobbit,” the film was a hit with audiences. They graded the film with an “A” CinemaScore.


“What’s really important, what makes this special is the CinemaScore,” said Dan Fellman, president of domestic distribution for Warner Bros. “All these things point to a great word of mouth. We haven’t even made it to the Christmas holidays yet. Kids are still in school this week.”


The strong opening culminated a long journey for “The Hobbit,” which was initially delayed when a lawsuit dragged on between Jackson and “Rings” producer New Line Cinema over merchandizing revenue. At one point, Guillermo del Toro was to direct the film with Jackson producing. But eventually the filmmaker opted to direct the movie himself, originally envisioning two “Hobbit” films. The production also went through the bankruptcy of distribution partner MGM and a labor dispute in New Zealand, where the film was shot.


The long delay for “The Hobbit,” nearly a decade after the last “Lord of the Rings” film, made it “one of those movies that had everyone scratching their heads as to how it would open,” said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com.


“It’s been a decade since the ‘Lord of the Rings‘ trilogy concluded,” said Dergarabedian. “There’s been so much anticipation for this film and having Peter Jackson back at the helm just made it irresistible both to fans and the non-initiated alike.”


The Hobbit” was far and away the biggest draw in theaters, with no other new wide release. Paramount’s “Rise of the Guardians” continued to draw the family crowd, with $ 7.4 million, bringing its cumulative total to $ 71.4 million. The Oscar contender “Lincoln” from Walt Disney crossed the $ 100 million mark, adding another $ 7.2 million to bring its six-week total to $ 107.9 million. And Sony‘s James Bond film “Skyfall,” with another $ 7 million domestically, drew closer to a global take of $ 1 billion.


The box office continued to be on the upswing and with anticipated releases like “Les Miserables,” ”Django Unchained” and “The Guilt Trip” approaching in the holiday moviegoing season. Dergarabedian expects the year to break the 2009 record of $ 10.6 billion. With some $ 10.2 billion in revenue thus far, he said, “We’re on track to be in that realm.”


Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.


1. “The Hobbit: An Unexpected Journey,” $ 84.8 million ($ 138.2 million international).


2. “Rise of the Guardians,” $ 7.4 million ($ 20.1 million international).


3. “Lincoln,” $ 7.2 million.


4. “Skyfall,” $ 7 million ($ 12.2 million international).


5. “Life of Pi,” $ 5.4 million ($ 11.5 million international).


6. “The Twilight Saga: Breaking Dawn, Part 2,” $ 5.2 million ($ 13 million international).


7. “Wreck-It Ralph,” $ 3.3million ($ 4.7 million international).


8. “Playing for Keeps,” $ 3.2 million ($ 1.4 million international).


9. “Red Dawn,” $ 2.4 million.


10. “Silver Linings Playbook,” $ 2 million ($ 370,000 international).


___


Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:


1. “The Hobbit: An Unexpected Journey,” $ 138.2 million.


2. “Rise of the Guardians,” $ 20. 1 million.


3. “The Twilight Saga: Breaking Dawn, Part 2,” $ 13 million.


4. “Skyfall,” $ 12.2 million.


5. “Life of Pi,” $ 11.5 million.


6. “Wreck-It Ralph,” $ 4.7 million.


7. “26 Years,” $ 3.5 million.


8. “Whatcha Wearin’? (My P.S. Partner),” $ 3 million.


9. “Tutto Tutto Niente Niente,” $ 2.4 million.


10. “Pitch Perfect,” $ 2.3 million.


___


Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.


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Mislabeled Foods Find Their Way to Diners’ Tables





ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.







Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 







It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.


“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”


The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”


Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.


Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.


“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”


Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.


The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.


In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”


At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”


Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.


Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.


The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.


Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.


In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.


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Disruptions: Disruptions: Instagram Testimony Doesn't Add Up

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. Facebook requested the hearing as a way to speed up the approval of its acquisition.

When asked if his company had received any offers besides Facebook’s at the time of the negotiations, Mr. Systrom said, “No, we never received any offers,” according to transcripts of the hearings. He said 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 oath. 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 talks, who requested anonymity because the talks were private and because they were concerned about legal repercussions. These people said the sides had verbally agreed 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 deal included $300 million in cash and the rest was in Facebook stock. Instagram was privately owned by its founders, Mr. Systrom and Mr. Krieger, who had a majority stake in the company, and several venture capital funds.

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 to protect consumers and investors from self-dealing in 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 head of a company or be given more cash.

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 onto 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: Dr. Talley said 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.

There also is the issue of what Mr. Systrom and regulators consider a “formal offer.” Although lawyers make differing arguments, Mr. Systrom was asked by regulators on several occasions if he had received other offers, formal or otherwise, and each time he said no.

Facebook has tangled with regulators before. What it 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 submit to 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 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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Apple takes investors on a wild ride









SAN FRANCISCO — With only modest expectations, Robert Leitao of Santa Clarita made a decision in 1994 that would change his life. He bought Apple stock.


This was several years before Steve Jobs returned to resurrect Apple, long before the iPod, the iPhone or the iPads that would make Apple the most valuable company in the world. A $1 investment in Apple at the start of 1994 is now worth about $70.


"Even with the recent sell-off, I'm still doing very well with the stock," said Leitao, who works as director of operations at a Catholic church in Burbank. "Apple provided for a down payment on our home for our blended family of four kids."





Leitao is one of the countless people whose lives have been touched by Apple's stock, which has become a global economic force. It is now one of the most widely held stocks, and the most valuable. Even as Apple Inc.'s market value fell to $480 billion on Friday, it was still larger than the gross domestic product of Norway or Argentina, and more than the combined value of Google Inc. and Microsoft Corp.


Yet that astonishing size and economic influence is also what, many analysts believe, contributes to the extraordinary volatility that can make owning Apple's stock a hair-raising experience.


It was inevitable, analysts say, that after Apple's stock rose 74% in the first nine months of this year, a huge wave of selling would occur as fund managers locked in their profits. And yet, in recent years, these huge dips have been followed by even bigger run-ups that led to new record highs, a dynamic that one trader refers to as the "Apple slingshot."


That pattern has some analysts betting Apple will soar above $1,000 a share in 2013, a scenario almost guaranteed to drive the global obsession with the company's stock into an even greater frenzy.


"The impact on shareholders and on the economy is incredible," said Howard Silverblatt, senior index analyst for S&P Dow Jones Indices. "We've not seen anything like this in the modern trading era. Ever."


Even after the remarkable decade of Apple's revival, the company's stock managed to reach new milestones this year. Early in 2012, Apple became the sixth company ever to surpass $500 billion in market value. In August, it became the only company in history with a market value topping $622 billion.


That performance affects just about anyone who has a 401(k) account or a pension. According to FactSet, a research firm that tracks investment funds, 2,555 institutional investors — mutual funds, hedge funds and pension funds, among others — owned stock in Apple, just behind the 2,590 that held Microsoft stock, as of Sept. 30, the most recent date funds had to disclose their holdings. However, the value of that Apple stock held by institutional investors on that day was $427 billion, compared with $172 billion for Microsoft, according to FactSet.


Silverblatt said the only company that has come close to having such a strong influence on the broader stock markets since World War II is IBM in the early 1980s, when the PC revolution was just getting started. But not only is the value of Apple's stock remarkable, so is its volatility. Such large stocks rarely have such big, quick swings.


Apple shares peaked at $702.10 on Sept. 19, up from $401.44 at the start of the year, a run that astonished analysts. But just as remarkable has been its collapse, falling as low as $505.75 in intra-day trading Nov. 16.


"It's just amazing because it's such a large company," said Brian Colello, a senior research analyst at Morningstar. "The company lost about $35 billion in market cap in one day. That's the size of some large-cap stocks."


Yet such swings have become commonplace for Apple stock. Before its latest swoon of 23.4% since its September high, Apple had experienced three previous corrections of more than 10% over the last two years.


The value of Apple's stock and its extreme swings have made researching it and trading it almost a full-time job for some people. Jason Schwarz of Marina del Rey edits EconomicTiming.com, which sends out up to five newsletters each week to its 1,000 clients that focus in large measure on Apple. He also helps run Lone Peak Asset Management, which has about $500 million in assets.


Schwarz says that what he calls the "Apple slingshot" is actually a virtue of the shares.


"The extraordinary volatility is the result of Apple's strength," Schwarz said. "People try to blame the volatility on Apple's weaknesses."


Schwarz and many other Apple believers argue that people are making a big mistake when they try to understand the stock's behavior by focusing on various bits of bad news such as an executive shake-up, the Maps controversy or questions about market share or competition. They have almost nothing to do with the regular hits taken by Apple shares, the argument goes.


Instead, folks like Schwarz say more technical factors are at work, such as the fact that the fiscal year for many stock funds ends Oct. 31. When the stock peaked in September, many fund managers rushed to sell to lock in profits for the year. Apple stock makes so much money for so many people, then plummets when shareholders pause to reap their profits, Schwarz says.


The volatility has continued in recent weeks, the argument goes, because fears of higher taxes next year have many fund managers trying to take advantage of short-term swings to make bigger profits. That volatility offers tantalizing windows for huge, short-term profits for investors willing to take the risk.





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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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Gunman kills 20 kids, 6 adults at Connecticut elementary school









NEWTOWN, Conn. — A gunman massacred 20 children and six adults at a suburban elementary school here Friday morning before killing himself in what appeared to be the second-deadliest school shooting in U.S. history, authorities said.


Sources said Adam Lanza, 20, earlier killed his mother at home and then drove her Honda to Sandy Hook Elementary School equipped with firearms that were registered to one or both of his divorced parents.


Clad in military fatigues and carrying two semiautomatic pistols, he entered the school, argued with someone in the hallway and then opened fire on staff members and children around 9:30 a.m., a law enforcement source said. He focused his gunfire on two rooms. Children huddled in closets and corners as the carnage unfolded.





Connecticut State Police Lt. J. Paul Vance said police searched "every nook and cranny" of the kindergarten-through-fourth-grade campus after receiving a 911 call. He said 18 children and seven adults were found dead at the school — including the shooter — and two other children died at the hospital. Victims' bodies remained inside the school into the evening as relatives were gathered at a nearby fire station.


Vance did not officially identify the shooter or any of the dead. He said another adult had been killed elsewhere in Newtown, but he did not say whether it was Lanza's mother. Police are questioning Lanza's 24-year-old brother, Ryan, of Hoboken, N.J., the Associated Press reported.


It was the deadliest school shooting since 32 were murdered in the 2007 Virginia Tech rampage.


"Evil visited this community today," Gov. Dannel P. Malloy said Friday evening. "It's too early to speak of recovery."


Chris Manfredonia, whose 6-year-old daughter attends the school, was heading there Friday morning to help make gingerbread houses with first-graders when he heard popping sounds and smelled sulfur.


He ran around the school trying to reach his daughter and was briefly handcuffed by police. He later found his child, who had been locked in a small room with a teacher.


"The whole reason we moved here a year ago is because when you drive down the subdivision, it's a happy place," said his wife, Georgeann Manfredonia. "There's a ton of children here and the families are very kind and supportive."


Geneva Cunningham, 9, a fourth-grader, said she was in the library when the shooting erupted and she heard "a lot of screaming and yelling."


She said the school loudspeaker came on, and through it came the sound of a scream and then "really deep breathing."


A teacher ordered her and other students into a closet. "They told us it was a drill and that it was for our own safety," she said. "When it was happening there was a lot of glass shattering." At first, she said, some students thought an animal was loose. She said she heard about seven muted gunshots.


A fourth-grade boy told CNN that he was in the gym when he heard pops and bangs.


"We thought it was the custodian knocking stuff down," the boy said. "We heard screaming ... and then the police came in and said, 'Is he in here?'"


When it was deemed safe, students were led out of the school. They were told to close their eyes. Some were taken to a nearby fire station. Some ran. Some walked single-file, hands on each other's shoulders.


Parents rushed to collect their children. Others waited in anguish for news of their kids' fate. People trickled out of the school throughout the day.


The school sits at the end of a two-lane road, lined with barns converted to houses, in an affluent town of about 28,000 people about 60 miles from New York City. The scene quickly bore the hallmarks of other mass casualties, with whirling news helicopters and masses of reporters, law enforcement and rescue personnel.


The street leading to the school, cut off to most cars Friday, became a pathway for people running to the school to find out what happened to loved ones.


Susan Birge, a mental health disaster counselor, spent Friday afternoon in the fire station down the road from the school, huddling with grieving families.





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