Aaron Swartz, Internet Activist, Dies at 26





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




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


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


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


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


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


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


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


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


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


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


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


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


The federal government investigated but did not prosecute.


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


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


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


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


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


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


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


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


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


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


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


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


Ravi Somaiya contributed reporting.



This article has been revised to reflect the following correction:

Correction: January 12, 2013

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



Read More..

Egyptian Court Grants Hosni Mubarak a New Trial





CAIRO — The prosecution on former Egyptian leader Hosni Mubarak took another turn Sunday, when a court in Cairo granted his appeal of a life sentence and ordered a retrial on charges that he failed to prevent the killing of hundreds of protesters during the uprising that toppled his government nearly two years ago.




The ruling read by judge Ahmed Ali Abdel-Rahman during the brief court session also overturned the conviction of Mr. Mubarak’s interior minister, Habib el-Adly, who is serving a life sentence after his conviction on the same charges. He will also be retried.


Mr. Mubarak, however, will not be freed; he is being held for investigation on other charges. The defendants were not present in the courtroom. Mr. Mubarak, 84, was reported last year to have been close to death, but the current state of his health is unknown.


His defense lawyers had argued that the former president did not know of the killings, but an Egyptian fact-finding mission has determined that he watched the uprising unfold on television at his palace.


The mission’s report could hold both political opportunities and dangers for Mr. Mubarak’s successor, Mohamed Morsi of the Muslim Brotherhood. A new trial would be popular, since many Egyptians were angered that Mr. Mubarak was convicted of failing to stop the killings, rather than ordering the crackdown.


But the report also implicates the military and security officials in the protesters’ deaths. Any move to prosecute them could spark a backlash from the powerful police and others who still hold positions under Mr. Morsi’s government.


The judge also granted the prosecution’s request to overturn not-guilty verdicts on Mr. Mubarak, his two sons and an associate of the former president, Hussein Salem, on corruption charges. Mr. Salem was tried in absentia and remains at large to this day.


A retrial was also ordered for six of Mr. el-Adly’s aides who were acquitted in the same trial. Five of them were found not guilty of involvement in the killing of the protesters, while one was acquitted of “gross negligence.”


No date has been set for the start of the retrial of the 11 and it was not immediately clear if all of them would be brought before the same court as was the case in their first trial.


Mubarak’s sons, one-time heir apparent Gamal and businessman Alaa, are in prison while on being tried for insider trading and using their influence to buy state land at a fraction of its market price.


Sunday’s ruling came a day after prosecutors questioned Mr. Mubarak about $1 million worth of personal gifts he received from a state news organization over his last six years in office, the organization’s Web site reported.


The investigation, conducted by the office assigned to investigate the misuse of public money, appeared to signal the determination of Mr. Morsi to bring new charges against Mr. Mubarak, the ousted former autocrat.


Mr. Mubarak was questioned about gifts, including gold pens, designer neckties, leather bags, shoes, gold jewelry and expensive watches that Al Ahram, which operates several newspapers and other media outlets, gave him from 2006 to 2011 as demonstrations of loyalty, its Web site reported. Al Ahram said Mr. Mubarak was facing possible new charges, including damaging public funds and improperly profiting from the gifts.


Al Ahram had been run by Mubarak loyalists while he was in office, but its management changed after Egypt‘s uprising.


He was questioned in a military hospital where he is serving a jail sentence for overseeing the police killing of nonviolent protesters.


Mr. Morsi campaigned on a pledge to bring new charges against Mr. Mubarak


Read More..

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



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


Read More..

Former Lab Technician Denies Faulty DNA Work in Rape Cases





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




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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


Read More..

Former Lab Technician Denies Faulty DNA Work in Rape Cases





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




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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


Read More..

Gadgetwise Blog: Project Basement: The Receiver

My search for a receiver is over.

As I had said in a previous installment, buying a receiver used to be easy. You got the one that sounded best in your price range, period. Now, connections are the first concern — will you have enough HDMI slots for the next few years?

That said, I couldn’t make the purchase based on connectors and specifications alone. This is, after all, audio equipment. How could I buy without hearing it?

But hearing equipment is getting to be more difficult. There are a fewer independent stereo stores. As big box stores to fight “show rooming” — customers auditioning equipment they then buy cheaper online — often don’t let you listen.

For instance, I was interested in a Sony STR-DN1030, which has excellent specs for its $500 price, including a built-in Wi-Fi, unusual for receivers in its class. H.H. gregg had the Sony and many other receivers I was interested in on display, but not a single one was plugged in. Deal breaker.

I tried a Best Buy store with a Magnolia, the higher-end home theater section. The store didn’t carry the Sony, so that model was out of the running. I was able to hear the Denon AVR2113CI, the Yamaha RX-A720BL, the Marantz NR1603, and the Pioneer Elite VSX-60.

They all met my minimum feature requirements, which meant at least five HDMI inputs, the audio surround decoders I wanted, and they had to be less than 16 inches deep to fit my shelves.

I’m glad I listened. To me the Pioneer Elite VSX-60 stood out as the obvious winner. Sound was more detailed and had more dimension than the other receivers.

But I must admit that what I did next contributed to Best Buys show-rooming problem. I went to see which of these receivers was available from my local independent electronics dealer, Soundscape, here in Baltimore. Almost all of them, although they didn’t have the Pioneer on display.

Ethically, I was a bit torn. But if my purchase is going to keep someone in business, I think Soundscape needs me more than Best Buy. The scales tipped further when Soundscape’s owner offered a discount since I’m a regular there. That settled it.

With the VSX-60 installed I am confident I made the right choice. Even though it replaces an older NAD receiver that cost twice as much, the sound is excellent and surround sound effect is far superior.

I will admit, though, it is not quite as easy to use as my prior receivers. I haven’t figured out how to turn off the scaling, which adjusts the size and clarity of a picture to suit my TV. This comes with the territory of sophisticated new features.

Next up, the Blu-ray player.

Read More..

French Soldier Killed in Somalia Commando Raid





At least one French commando was  killed during a daring raid Friday night to rescue a French intelligence operative held hostage in Somilia. The captive officer, identified as Denis Allex, was killed by his captors during the operation, the French defense minister said Saturday. A second commando remained unaccounted for.




A statement by the defense ministry said that two commandoes had been killed, but there appeared to be some confusion within the ministry about the status of the second commando.


The raid also resulted in the death of 17 Somali fighters, according to the defense ministry.


“Faced with the intransigence of the terrorists, who refused to negotiate for three and a half years and who were holding Denis Allex in inhumane conditions, an operation was planned and carried out,” the ministry said. “During the assault, violent combat took place.”


The raid came as France sent troops into the African nation of Mali to help the government beat back advances by Islamic rebels. The Somali raid to get Mr. Allex led to speculation that the French government was trying to prevent reprisals for its actions in Mali.


But the French defense minister, Jean-Yves Le Drian, said during a news conference on Saturday that the two operations were not connected. The Associated Press reported that an official with the Somali militant group al-Shabab confirmed that fighting began after helicopters dropped off soldiers.


“Five helicopters attacked a house in in the town. They dropped soldiers off the ground, so that they could reach their destination,” the official said.


In 2009, a French raid to free a yacht that had been captured by Somali pirates resulted in the death of a captive, Florent Lemaçon.


Read More..

Japan Approves $116 Billion for Urgent Economic Stimulus


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


Read More..

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





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




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


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


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


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


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


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


Read More..

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





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




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


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


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


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


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


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


Read More..