Flawed data stall California's 911 upgrades









A three-year effort by California to improve 911 emergency service has been stymied by flawed data and aging computers at local fire departments and rescue agencies across the state, a Times investigation has found.


Since 2009, the state Emergency Medical Services Authority has been seeking to centralize reports on millions of emergency medical responses, a project that officials see as critical to improving life-saving practices.


State officials hoped to capture information from the moment dispatchers answer a call until the victim is transferred to a hospital. The program would for the first time give public officials, medical researchers and regulators the ability to compare response times and patient treatment across local jurisdictions.





But the project has floundered because many fire departments and ambulance operations have been unable to provide usable information.


One problem is that fire departments report basic information inconsistently, including how long it takes them to reach victims. Some begin counting the second a 911 call is answered. Others, including the Los Angeles Fire Department, start the clock when rescue crews are alerted at fire stations.


Moreover, nearly half of the state's 32 regional emergency medical agencies have failed to contribute reports to the system, officials said. And many of those who do file reports use paper records.


The shortcomings, officials and experts said, underscore how fire agencies lag behind police departments and the private sector in using technology to better manage and evaluate their performance.


"There's been a lot of benign neglect in the fire service as far as collecting data," said Robert Upson, a Connecticut fire marshal who has analyzed data for a nationwide group that sets performance standards for fire departments.


"There's so much sloppiness in recording data. It's just built into the system."


Similar troubles have fueled a months-long controversy over faulty response time data at the Los Angeles Fire Department. In March, top commanders admitted that the department had repeatedly published reports overstating how fast rescuers reached victims in need of help. The flawed reports have been blamed on the use of unqualified firefighters to analyze data and outdated computer systems.


In an effort to improve such data, California officials launched their program to collect rich, comparable details on medical emergencies statewide. Incident reports were to be gathered by regional regulatory agencies and forwarded to the state.


But three years and about $1.6 million later, the voluntary project is plagued by lack of participation, money problems and inconsistent information. The root of the problem is that some agencies rely on outmoded, "home-brewed" computer systems, said Tom McGinnis, the state official overseeing the project.


"We can't compare apples to apples. We compare apples to oranges and peaches," McGinnis said.


The state isn't forcing cash-strapped local agencies to participate because doing so would require many to replace computer systems, McGinnis said. "Really what it comes down to is money," he said.


Some experts say the state program won't be able to deliver on its promise until reporting standards are clarified and participation is mandatory.


"It should become a requirement tomorrow," said Bruce Wagner, the top administrator for the emergency medical services agency in Sacramento County.


His agency is among those that have not provided data to the state. That's because fire departments and ambulance firms under his jurisdiction are hesitant to spend time and money gathering records if they are not required to do so, Wagner said.


"It's hard for us to tell them they are going to incur additional costs if it's not mandated," he told The Times.



Los Angeles County, where a third of the state's 911 medical rescues take place, is a year behind in processing performance information because 28 of the county's 31 fire departments submit paper reports, said Cathy Chidester, the local oversight agency's top executive. Voluminous pages of information must be individually scanned into electronic files or manually typed into a county computer system.


"It's like sweeping sand off the beach," Chidester said.


Of the county's three largest fire departments — Los Angeles city, Los Angeles County and Long Beach — only the LAFD collects medical records electronically.


The county Fire Department has not filed reports on more than 300,000 incidents over the last two years because budget cuts eliminated employees working on the records, officials said. Next year, the agency is launching a test program in which paramedics will use iPads to create electronic reports, Chief Deputy Mike Metro said.


The state data project, known as CEMSIS, short for California Emergency Medical Services Information System, has also struggled for funding. It began as a $240,000-a-year demonstration project using federal grants and philanthropic donations. But no permanent funding has been secured.


Where possible, officials are attempting to use the partial records they have compiled for research. But thus far, they haven't been able to answer fundamental questions, including how different agencies' 911 response times compare, McGinnis said.


Ideally, McGinnis said, regulators could use the database to compare "the entire spectrum" of emergency medical care in California. "I want everybody to participate and see what we're doing statewide," he said.


Detailed data could improve understanding of what works best in the field. For example, researchers could examine how often rescuers are able to restore heartbeats after arriving on the scene, a key step in increasing cardiac-arrest survival rates, said Dr. Marc Eckstein, the medical director for the Los Angeles Fire Department.


"You have to really drill down to make sure we are talking about the right things," he said.


Slipping response times at the LAFD were only documented when outside experts, the city controller and The Times dug into the department's data. A series of Times reports found breakdowns and delays in processing 911 calls, dispatching units and summoning the nearest medical rescuers from neighboring jurisdictions.


Los Angeles Fire Commissioner Alan Skobin, who is overseeing a task force charged with overhauling the LAFD's data management, said programs such as California's fledgling 911 records system could help his agency compare its performance to other departments and improve service.


"There's a benefit to looking outside," Skobin said. "That's something the LAFD has to do."


Full coverage: Life on the line, 911 breakdowns at LAFD


Map: How fast is LAFD where you live?


Download: Open-source maps of California's emergency medical agencies


ben.welsh@latimes.com


robert.lopez@latimes.com





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Iron Butterfly bassist Lee Dorman dies at age 70


LOS ANGELES (AP) — Authorities say Lee Dorman, the bassist of psychedelic rock band Iron Butterfly, has died at age 70.


Orange County Sheriff's Department spokeswoman Gail Krause says Dorman was found dead in a vehicle Friday morning. A coroner's investigation is under way, but foul play is not suspected.


Dorman was also a founding member of the rock group Captain Beyond.


Iron Butterfly rose to prominence in the late 1960s. According to the band's website, its second album, "In-A-Gadda-Da-Vida," sold more than 30 million copies. Portions of the song have been featured in numerous films and TV shows.


Douglas Lee Dorman was born in September 1942 and had been living in Laguna Nigel, a coastal city in Southern California, when he died.


A message sent through the band's website was not immediately returned.


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About New York: One Boy’s Death Moves State to Action to Prevent Others





Prompted by the death of a 12-year-old Queens boy in April, New York health officials are poised to make their state the first in the nation to require that hospitals aggressively look for sepsis in patients so treatment can begin sooner. Under the regulations, which are now being drafted, the hospitals will also have to publicly report the results of their efforts.




The action by New York has elated sepsis researchers and experts, including members of a national panel who this month formally recommended that the federal government adopt standards similar to what the state is planning.


Though little known, sepsis, an abnormal and self-destructive immune response to infection or illness, is a leading cause of death in hospitals. It often progresses to severely low blood pressure, shock and organ failure.


Over the last decade, a global consortium of doctors, researchers, hospitals and advocates has developed guidelines on early identification and treatment of sepsis that it says have led to significant drops in mortality rates. But first hints of the problem, like a high pulse rate and fever, often are hard for clinicians to tell apart from routine miseries that go along with the flu or cold.


“First and foremost, they need to suspect sepsis,” Dr. Mitchell M. Levy, a professor at Brown University School of Medicine and a lead author of a paper on the latest sepsis treatment guidelines to be published simultaneously next month in the United States in a journal, Critical Care Medicine, and in Europe in Intensive Care Medicine.


“It’s the most common killer in intensive care units,” Dr. Levy said. “It kills more people than breast cancer, lung cancer and stroke combined.”


If started early enough, the treatment, which includes antibiotics and fluids, can help people escape from the drastic vortex of sepsis, according to findings by researchers working with the Surviving Sepsis Campaign, the global consortium. The tactics led to a reduction of “relative risk mortality by 40 percent,” Dr. Levy said.


Although studies of 30,000 patients show that the guidelines save lives, “the problem is that many hospitals are not adhering to them,” said Dr. Clifford S. Deutschman, director of the sepsis research program at the Perelman School of Medicine at the University of Pennsylvania and the president of the Society of Critical Care Medicine.


About 300 hospitals participate in the study, and the consortium has a goal of having 10,000. “The case is irrefutable: if you take these sepsis measures, and you build a program to help clinicians and hospitals suspect sepsis and identify it early, that will mean more people will survive,” Dr. Levy said.


At a symposium in October, the New York health commissioner, Dr. Nirav R. Shah, said that he would require state hospitals to adopt best practices for early identification and treatment of sepsis. Gov. Andrew M. Cuomo intends to make it a major initiative in 2013, said Josh Vlasto, a spokesman for the governor. “The state is taking unprecedented measures to prevent and effectively treat sepsis in health care facilities across the state and is looking at a wide range of additional measures to better protect patients,” Mr. Vlasto said.


In April, Rory Staunton, a sixth grader from Queens, died of severe septic shock after he became infected, apparently through a cut he suffered while playing basketball. The severity of his illness was not recognized when he was treated in the emergency room at NYU Langone Medical Center. He was sent home with a diagnosis of an ordinary bellyache. Hours later, alarming laboratory results became available that suggested he was critically ill, but neither he nor his family was contacted. For an About New York column in The New York Times, Rory’s parents, Ciaran and Orlaith Staunton, publicly discussed their son’s final days. Their revelations prompted doctors and hospitals across the country to seek new approaches to heading off medical errors.


In addition, Commissioner Shah in New York convened a symposium on sepsis, which included presentations from medical experts and Rory’s parents.


At the end of the meeting, Dr. Shah said that he had listened to all the statistics on the prevalence of the illness, and that one had stuck in his memory: “Twenty-five percent,” he said — the portion of the Staunton family lost to sepsis.


He said he would issue new regulations requiring hospitals to use best practices in identifying and treating sepsis, actions that, he said, he was taking “in honor of Rory Staunton.”


The governor’s spokesman, Mr. Vlasto, said that “the Staunton family’s advocacy has been essential to creating a strong public will for action.”


Dr. Levy said New York’s actions were “bold, pioneering and grounded in good scientific evidence,” adding, “The commissioner has taken the first step even before the federal government.”


Dr. Deutschman said that initiatives like those in New York were needed to overcome resistance among doctors. “You’re talking about a profession that has always prided itself on its autonomy,” he said. “They don’t like to be told that they’re wrong about something.”


The availability of proven therapies should move treatment of sepsis into a new era, experts say, comparing it to how heart attacks were handled not long ago. People arriving in emergency rooms with chest pains were basically put to bed because not much could be done for them, said Dr. Kevin J. Tracey, the president of the Feinstein Institute for Medical Research at North Shore-Long Island Jewish Health System. Dr. Tracey, a neurosurgeon, has made major discoveries about the relationship between the nervous system and the runaway immune responses of sepsis.


If physicians and nurses were trained to watch for sepsis, as they now routinely do for heart attacks, many of its most dire problems could be headed off before they got out of control, he said. The Stauntons have awakened doctors and nurses to the possibility of danger camouflaged as a stomach bug.


“We are with sepsis where we were with heart attack in the early 1980s,” Dr. Tracey said.


“If you don’t think of it as a possibility, this story can happen again and again. This case could change the world.”


E-mail: dwyer@nytimes.com


Twitter: @jimdwyernyt



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Luxury car sales on track to have best month in years









What fiscal cliff? Luxury cars are flying out of U.S. showrooms this month, helped by a blitz of advertising and optimism among consumers eager to treat themselves to a fancy set of wheels.


Car buyers appear "unfazed by the current level of economic uncertainty generated by the fiscal cliff negotiations," said John Humphrey, senior vice president of global automotive operations at J.D. Power. Sales of expensive cars are on track to have their best month in many years, he said.


High-end cars will account for 16% of retail vehicles sold in December, an increase from 15.3% in November 2012 and 14.8% in December 2011, according to J.D. Power. (Those figures don't include fleet sales to rental car companies, commercial customers and government agencies.)





Sales of luxury cars have traditionally been strong in the last few months of the year, when top earners such as lawyers and investment bankers spend their year-end bonuses, said Jessica Caldwell, an analyst with auto information company Edmunds.com.


Brisk sales this year also come from a rebound in the luxury auto market as well-heeled buyers who were nervous about the economy pull the trigger on car purchases delayed for several years.


Adding to the frenzy is the heavy advertising and attractive year-end specials offered by BMW and Mercedes-Benz as they duke it out for bragging rights as the nation's top luxury brand.


The competitors are separated by a razor-thin margin. Through the first 11 months of this year, Mercedes-Benz leads with 245,910 vehicles sold. (The total subtracts Mercedes' utility van business.) BMW is second at 244,061 vehicles. Lexus, once the perennial U.S. luxury car leader, is well behind in third with sales of 213,559.


Mercedes said it's more concerned with setting a 2012 U.S. sales record than beating BMW by a whisker.


"We led at the end of the November, but BMW will pull some high numbers out of the hat and will pull ahead this month," said Donna Boland, a Mercedes spokeswoman. "It doesn't matter to customers, a record year is good enough for us."


Mercedes dealers are reporting that they are under pressure from many customers to make sure the vehicles are prepped and ready for delivery to people's driveways by Christmas Day. Its two bestsellers are the C-class sedans, which sell for about $35,000, depending on equipment, and its bigger $50,000 E-class siblings.


Meanwhile, BMW isn't ready to cede the crown it won last year. It's going after younger buyers by offering $3,500 off its $35,000 328i sports sedan.


"Let's see what happens," said Dirk Arnold, a BMW spokesman. "The race is still on."


Overall, the U.S. auto market is finishing 2012 at its highest level since 2007.


LMC Automotive is forecasting that 2012 light-vehicle sales will reach 14.5 million, a 13.5% gain over 2011. The research firm thinks that the growth rate will slow but the industry will still reach 15 million autos in 2013.


"The U.S. light-vehicle sales market continues to be a bright spot in the tremulous global environment," said Jeff Schuster, an analyst at LMC Automotive. "The only major roadblock ahead for the U.S. market is the fiscal cliff. Assuming that hurdle is cleared, 2013 is one step closer to a stable and sustainable growth rate for autos."


Sales might even top 15 million, he said, a level not seen since 2007.


jerry.hirsch@latimes.com





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Boehner rejects Democrats' push for immediate vote on gun bill









WASHINGTON -- House Speaker John A. Boehner rejected calls from Democrats to schedule a vote on new gun restrictions before the end of the year, saying he wants to wait for recommendations from a newly formed White House task force before committing to a legislative response to the mass shooting at a Connecticut school.

“When the vice president's recommendations come forward, we'll certainly take them into consideration,’’ Boehner (R-Ohio) said Thursday in his first public comments on calls for new gun legislation since the slaying of 20 students and six adults at Sandy Hook Elementary School. “But at this point I think our hearts and souls ought to be to think about those victims in this horrible tragedy.”


President Obama on Wednesday said he had asked Vice President Joe Biden to lead a task force to come up with initiatives to stem gun violence by the end of next month. House Democratic Leader Nancy Pelosi of San Francisco and fellow Democrats have pressed for an immediate vote on a long-stalled bill that would ban ammunition magazines containing more than 10 rounds.





Obama has outlined a slightly slower pace for action, urging Congress to hold a vote “in a timely manner” in the new year.


Both Obama and Democrats on Capitol Hill say they are trying to seize on what appears to be a burst of momentum behind gun legislation in the wake of the Newtown, Conn., tragedy. Similar efforts initiated after other high-profile shootings faltered after national attention veered elsewhere.


Biden held the first meeting of the task force Thursday, gathering several cabinet members and White House officials with a group of local law enforcement leaders. In remarks before the meeting, the vice president noted his work on the 1994 crime bill, which banned the sale of some assault weapons, and said he would again be working closely with police groups to craft proposals.


“What I think the public has learned about you is you have a much more holistic view of how to deal with violence on our streets and in our country that you’re ever given credit for,” Biden told the law enforcement officials. “I want to hear your views because, for anything to get done, we’re going to need your advocacy.”


richard.simon@latimes.com


Twitter: @richardsimon11


kathleen.hennessey@latimes.com


Twitter: @khennessey





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Twitter post offers clue to The Civil Wars' future


NASHVILLE, Tenn. (AP) — While there still remain questions about the future of The Civil Wars, there's new music on the way.


Joy Williams, one half of the Grammy Award-winning duo with John Paul White, said Thursday during a Twitter chat that she was in the studio listening to new Civil Wars songs.


It's a tantalizing clue to the future of the group, which appeared in doubt when a European tour unraveled last month due to "irreconcilable differences."


At the time, the duo said it hoped to release an album in 2013. It's not clear if Williams was referring Thursday to music for a new album or for a documentary score they have composed with T Bone Burnett. They're also set to release an "Unplugged" session on iTunes on Jan. 15.


Nate Yetton, the group's manager and Williams' husband, had no comment — though he has supplied a few hints of his own by posting pictures of recording sessions on his Instagram account recently. The duo announced last summer it would be working with Charlie Peacock, who produced its gold-selling debut "Barton Hollow." The photos do not show Williams or White, but one includes violin player Odessa Rose.


Rose says in an Instagram post: "Playing on the new Civil Wars record... Beautiful sounds."


Even with its future in doubt, the duo continues to gather accolades. Williams and White are up for a Golden Globe on Jan. 13, and two Grammy Awards on Feb. 10, for their "The Hunger Games" soundtrack collaboration "Safe & Sound" with Taylor Swift.


Williams' comments came during an installment of an artist interview series with Alison Sudol of A Fine Frenzy sponsored by The Recording Academy.


___


Online:


http://thecivilwars.com


___


Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott.


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Bernard Madoff's brother is sentenced to 10 years in prison









NEW YORK — The brother of imprisoned financier Bernard Madoff was sentenced to 10 years in prison for crimes committed in the shadow of his notorious sibling by a judge who said she disbelieved his claims that he did not know about the epic fraud.

Peter Madoff, 67, agreed to serve the maximum sentence allowable to the charges of conspiracy and falsifying the books and records of an investment advisor that he pleaded guilty to in June.

U.S. District Judge Laura Taylor Swain urged him to tell the truth even after he reports to prison Feb. 6 about what he knows about the multi-decade fraud that cost thousands of investors their original $20 billion investment.





The judge said Peter Madoff was "frankly not believable" when he said at his plea that he learned about the fraud only when his brother revealed it to him just before he surrendered to authorities.

Peter Madoff spoke only briefly Thursday before he was sentenced, saying: "I am deeply ashamed of my conduct and have tried to atone by pleading guilty and have agreed to forfeit all of my present and future assets."

He added: "I am profoundly sorry that my failures let many people down, including my loved ones."

Two investors spoke during the proceeding, which ended in less than an hour.

Investor Michael T. De Vita, 62, also demanded that the truth be forced out.

"I believe it to be physically impossible for a single person to carry out such a gargantuan task all by himself," he said.

De Vita said investors "have waited four years for others to accept responsibility for this massive crime. We are still waiting for that today."

"All of this was preventable if only one person was willing to do the right thing and stop this in its tracks years ago. Peter Madoff could have been that person," he said.

The sentencing comes four years and a week after Bernard Madoff first revealed the fraud, which occurred over several decades as the former Nasdaq chairman built a reputation for delivering unparalleled investment results, even in bad times. The revelation came only days after the business sent out statements that made investors think their investments had grown to a total of more than $65 billion.

Peter Madoff said at his plea that he had no idea his brother was running a massive Ponzi scheme, paying off longtime investors at times with money from newer investors.

"My family was torn apart as a result of my brother's atrocious conduct," he said. "I was reviled by strangers as well as friends who assumed that I knew about the Ponzi scheme."

But he conceded that he followed his brother's instructions and helped him decide which favored friends, clients and family members would receive the $300 million that remained in the company's accounts. The checks were never sent.

Peter Madoff, who joined his brother's firm after graduating from Fordham Law School in 1970, has been free on $5-million bail after he agreed to surrender all his assets.

Before the sentencing, his lawyer, John Wing, said in a memorandum that Peter Madoff will "almost certainly live out his remaining days as a jobless pariah, in or out of prison." He called him a victim of his loyalty to his brother, saying he had been mistreated by the sibling who was eight years older and was viewed as "the prince" by his mother.

As part of a forfeiture agreement, Madoff's wife, Marion, and daughter Shana must forfeit nearly all of their assets. The government said those assets and assets that will be forfeited by other family members include several homes, a Ferrari and more than $10 million in cash and securities. It said his wife will be left with $771,733. Besides the Madoff brothers, no other family members have been arrested.





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Obama makes gun control top priority









WASHINGTON — President Obama committed himself to placing gun control at the top of his second-term agenda, redoubling his intention to tackle the problem of gun violence in spite of daunting political obstacles that have frustrated similar efforts for years.


Appearing before reporters in the White House briefing room Wednesday, Obama sought to erase any doubts that he is prepared to stake his prestige on combating what he called an "epidemic of gun violence." Although he spoke in the aftermath of the massacre last Friday at a Connecticut elementary school, he placed the issue in a broader context, specifically mentioning people killed since then in the "lesser-known tragedies that visit small towns and big cities all across America every day."


As a first step, Obama gave Vice President Joe Biden the task of coming up with specific proposals before the end of next month. Working with Cabinet members and outside organizations, Biden is to come up with ideas that probably will include actions Obama can take administratively to bypass potential clashes with Congress.





The working group is expected to examine not only proposals for gun control measures, but also steps to improve services for the mentally ill and to push back against violence in popular culture.


Obama promised that he would detail "very specific" initiatives early next year, including in his State of the Union address, and sought to rebut the idea that Biden's group would be another ineffective Washington commission.


Biden has long experience with the politics of gun control from his service as the head of the Senate Judiciary Committee during the 1980s and 1990s. But neither his familiarity with the issue nor Obama's determination to press forward changes the extremely difficult nature of the fight that lies ahead for them.


In many respects, the climate for congressional action is less favorable than it was in 1994, when President Clinton's exhaustive personal lobbying campaign for a ban on assault-style weapons managed to prevail in a House of Representatives that Democrats controlled by two votes.


Despite an uptick in the aftermath of the latest tragedy, public support for stricter gun control laws remains significantly lower today than in the 1990s, according to polls.


"The politics are absolutely gruesome," said Paul Begala, a former Clinton advisor who worked to reelect Obama in 2012. "In many areas, the country is moving left, certainly in terms of gay rights, and on issues like marijuana. But from the time I was working with President Clinton, we've moved significantly to the right on gun control."


Patrick J. Griffin, a Clinton White House aide who was at the center of the fight over the 1994 crime bill, called it "probably tougher than healthcare" to get through Congress.


A handful of pro-gun-rights Democrats have stepped forward this week to suggest the need for tougher gun laws or at least a need for what Sen. Joe Manchin III of West Virginia called "a conversation on everything."


Republicans, however, have largely remained silent, making the Republican-controlled House of Representatives a particular stumbling block.


Asked whether GOP lawmakers would soon speak out in favor of tighter laws, Republican strategist Whit Ayres said no, "because they don't believe that more gun laws are likely to stop gun violence committed by mentally ill people."


Obama alluded to the daunting legislative math he faces by noting that many House Republicans represent districts that GOP presidential nominee Mitt Romney won last month. Indeed, a majority of the new House — 219 representatives out of 435 — will be Republicans from districts that Obama failed to carry, noted David Wasserman of the Cook Political Report.


In his remarks, Obama pledged to push ahead regardless of that political arithmetic. "The fact that this problem is complex can no longer be an excuse for doing nothing," he said.


He called on the new Congress to vote "in a timely manner" on banning the sale of assault-style weapons and high-capacity ammunition clips and on a requirement for background checks before all gun purchases. Those proposals, which Sen. Dianne Feinstein (D-Calif.) and others plan to introduce as early as next month, have repeatedly been blocked in Congress by the gun lobby and its allies.


The president also said the Senate should confirm a permanent director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, a position that has been filled on an interim basis over the last six years because of opposition from gun rights forces.


Obama did not preview how he might try to prod reluctant lawmakers, but employing the memory of the Sandy Hook Elementary School shooting victims will probably be one technique.


Progress could be made "if those of us who were sent here to serve the public trust can summon even one tiny iota of the courage those teachers, that principal, in Newtown summoned on Friday," he said.


At one point, a reporter suggested that the president had essentially been absent from the gun control fight over the last four years, through repeated episodes of mass gun violence.





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Changes in law aim to protect kids’ online data






WASHINGTON (AP) — Aiming to prevent companies from exploiting online information about children under 13, the Obama administration on Wednesday imposed sweeping changes in regulations designed to protect a young generation with easy access to the Internet.


Two years in the making, the amended rules to the decade-old Children’s Online Privacy Protection Act go into effect in July. Privacy advocates said the changes were long overdue in an era of cellphones, tablets, social networking services and online stores with cellphone apps aimed at kids for as little as 99 cents.






Siphoning details of children’s personal lives — their physical location, contact information, names of friends and more — from their Internet activities can be highly valuable to advertisers, marketers and data brokers.


The Obama administration has largely refrained from issuing regulations that might stifle growth in the technology industry, one of the U.S. economy’s brightest spots. Yet the Federal Trade Commission pressed ahead with the new kids’ privacy guidelines despite loud complaints — particularly from small businesses and software apps developers — that the revisions would be too costly to comply with and cause responsible companies to abandon the children’s marketplace.


As evidence of online risks, the FTC last week said it was investigating an unspecified number of software developers that may have illegally gathered information without the consent of parents.


Under the changes to the law, known as COPPA, information about children that cannot be collected unless a parent first gives permission now includes the location data that a cellphone generates, as well as photos, videos and audio files containing a human image or voice.


The Congressional Bipartisan Privacy Caucus commended the FTC for writing the new rules. “Keeping kids safe on the Internet is as important as ensuring their safety in schools, in homes, in cars,” caucus co-chairman Rep. Edward Markey, D-Mass., said at a Capitol Hill news conference.


Data known as “persistent identifiers,” which allow a person to be tracked over time and across websites, are also considered personal data and covered by the rules, the agency said. But parental consent is not required when a website operator collects this data solely to support its internal operations, which can include advertising, site analysis and network communications.


The rules offer several new methods for verifying a parent’s consent, including electronically scanned consent forms, video conferencing and email.


The FTC sought to achieve a balance between protecting kids and spurring innovation in the technology industry, said Jon Leibowitz, the agency’s chairman.


The final rules expand the definition of a website or online service directed at children to include plug-ins and advertising networks that collect personal information from kids.


But the rules were also tightened in a way favorable to some Internet heavyweights, Google and Apple. Their online apps stores, which dominate the marketplace for mobile applications, won’t be held liable for violations because they “merely offer the public access to child-directed apps,” the FTC said.


Google and Apple had warned that if the rule were written to include their stores, they would jettison many apps specifically intended for kids. They said that would hurt the nation’s classrooms, where new and interactive apps are used by teachers and students.


A Washington trade group that represents independent apps developers criticized the agency for addressing the concerns of large businesses while doing too little for the startups that make educational apps parents and teachers want. The FTC’s belief that the apps industry will figure out how to thrive under the new rules is akin to jumping off a cliff then building a parachute, said Morgan Reed, executive director of the Association for Competitive Technology.


“While that may work for big companies, small companies lack the silk and line to build that parachute before they hit the ground,” Reed said.


Companies are not excluded from advertising on websites directed at children, allowing business models that rely on advertising to continue, Leibowitz said. But behavioral marketing techniques that target children are prohibited unless a parent agrees. “You may not track children to build massive profiles,” he said.


The agency included in the rules new methods for securing verifiable consent after the software industry and Internet companies raised concerns over how to confirm that the permission actually came from a parent. Electronic scans of signed consent forms are acceptable, as is video-teleconferencing between the website operator or online service and the parent, according to the agency.


The FTC also said it is encouraging technology companies to recommend additional verification methods. Leibowitz said he expects that this will “unleash innovation around consent mechanisms.”


Emailed consent is also acceptable as long as the business confirms it by sending an email back to the parent or calling or sending a letter. In cases of email confirmation, the information collected can only be used for internal use by that company and not shared with third parties, the agency said.


The FTC’s investigation of apps developers came after the agency examined 400 kids’ apps that it purchased from Apple’s iTunes store and Google’s apps store, Google Play. It determined that 60 percent of them transmitted the user’s unique device identification to the software maker or, more frequently, to advertising networks and companies that compile, analyze and sell consumer information for marketing campaigns.


Internet News Headlines – Yahoo! News





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Claire Danes and Hugh Dancy welcome a baby boy


NEW YORK (AP) — Claire Danes and Hugh Dancy's "Homeland" just got bigger.


Danes' rep confirms the couple welcomed a baby boy named Cyrus Michael Christopher.


People.com first reported Monday's birth.


It's the first child for 33-year old Danes and 37-year-old Dancy. They were married in 2009.


There's no word yet whether the new mom will attend the Golden Globe Awards on Jan. 13. She's nominated for Best Performance by an Actress in a Television Series for her work on Showtime's "Homeland."


Up next, Dancy stars in NBC's "Hannibal," an adaptation of Thomas Harris' novel "Red Dragon."


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