Instagram furor triggers first class action lawsuit






SAN FRANCISCO (Reuters) – Facebook‘s Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week.


In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company.






“We believe this complaint is without merit and we will fight it vigorously,” Facebook spokesman Andrew Noyes said in an e-mail.


Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $ 715 million.


In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.


The current terms of service, in effect through mid-January, contain no such liability shield.


The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation.


However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying “that we may not always identify paid services, sponsored content, or commercial communications as such.” It also kept the mandatory arbitration clause.


The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram’s terms can cancel their profile but then forfeit rights to photos they had previously shared on the service.


“In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us,’” the lawsuit says.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future.


However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available.


“Hopefully, Instagram will learn from that experience and refrain from removing privacy settings,” Opsahl said.


The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.


(Reporting by Dan Levine; Editing by Dan Grebler)


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Instagram furor triggers first class action lawsuit






SAN FRANCISCO (Reuters) – Facebook‘s Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week.


In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company.






“We believe this complaint is without merit and we will fight it vigorously,” Facebook spokesman Andrew Noyes said in an e-mail.


Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $ 715 million.


In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.


The current terms of service, in effect through mid-January, contain no such liability shield.


The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation.


However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying “that we may not always identify paid services, sponsored content, or commercial communications as such.” It also kept the mandatory arbitration clause.


The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram’s terms can cancel their profile but then forfeit rights to photos they had previously shared on the service.


“In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us,’” the lawsuit says.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future.


However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available.


“Hopefully, Instagram will learn from that experience and refrain from removing privacy settings,” Opsahl said.


The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.


(Reporting by Dan Levine; Editing by Dan Grebler)


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Reaction to the death of actor Jack Klugman






Celebrities on Monday reacted to the death of “Odd Couple” star Jack Klugman, who died Monday at age 90. Here are samples of sentiments expressed on Twitter:


___






“R.I.P. Jack Klugman, Oscar, Quincy a man whose career spanned almost 50 years. I first saw him on the Twilight Zone. Cool guy wonderful actor.” — Whoopi Goldberg.


___


“You made my whole family laugh together.” — Actor Jon Favreau, of “Swingers,” ”Iron Man” and other films.


___


“I worked with Jack Klugman several years ago. He was a wonderful man and supremely talented actor. He will be missed” — Actor Max Greenfield, of the “New Girl” on Fox.


___


“So sorry to hear that Jack Klugman passed away. I learned a lot, watching him on television” — Dan Schneider, creator of Nickelodeon TV shows “iCarly,” ”Drake and Josh” ”Good Burger,” ”Drake & Josh.”


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‘Dystextia’: Gibberish texts sound stroke alarm






NEW YORK (Reuters Health) – Imagine you were a devoted husband, waiting to hear from your wife about her due date after a visit to the obstetrician, and you saw these on your phone:


“every where thinging days nighing”






“Some is where!”


That’s what happened last December to a Boston-area man, who knew that autocorrect – known for its bizarre replacements – was turned off on his 11-week-pregnant wife’s phone.


You’d probably be tempted to make sure your wife, 25, got to the emergency room. When she did, doctors noted several signs of a stroke, including disorientation, inability to use her right arm and leg properly and some difficulty speaking.


A magnetic resonance imaging scan – MRI – revealed that part of the woman’s brain wasn’t getting enough blood, clinching the diagnosis. Fortunately, her symptoms went away quickly, and the rest of the pregnancy went just fine after she went home from the hospital on low-dose blood thinners.


The case, say three doctors from Boston’s Harvard Medical School who reported it online today in the Archives of Neurology, suggests that “the growing digital record will likely become an increasingly important means of identifying neurologic disease, particularly in patient populations that rely more heavily on written rather than spoken communication.”


The authors describe the phenomenon as “dystextia,” which is the word used by other doctors in an earlier case involving a migraine, and symptoms of a stroke diagnosed for other reasons.


“In her case, the first evidence of language difficulties came from her unintelligible texts,” one of the report’s authors, Dr. Joshua Klein, told Reuters Health by email.


Strokes are rare in women aged 15 to 34, with about 11,000 per year, according to data from the U.S. Centers for Disease Control and Prevention published last year.


Dr. Sean Savitz, who directs the stroke program at the University of Texas Health Science Center in Houston, said he has seen a few patients who sent emails suggesting they were having difficulty with language, a condition known as aphasia.


Such clues usually come with other information however. In this case, for example, the patient’s obstetrician’s office later remembered that she had trouble filling out a form. And they might have caught the language difficulty earlier had the woman not had a weak voice, thanks to a recent upper respiratory infection.


“So, this case report per se does not indicate to me if dystextia is going to be more common to pick up strokes,” Savitz told Reuters Health by email, “but I do think it will be a valuable addition to the collection of information that neurologists should obtain when taking a history.”


“The main stroke warning signs with respect to texting would be unintelligible language output, or problems reading or comprehending texts,” said Klein. “Many smartphones have an ‘autocorrect’ function which can introduce erroneous word substitutions, giving the impression of a language disorder.”


Autocorrect, said Savitz, a professor of neurology, can confuse matters – even for doctors.


“I have often joked with my colleagues when using the dictation of the smartphone, that it gives me an aphasia,” he said. “Potential for lots of false positives!”


SOURCE: Archives of Neurology, online December 24, 2012.


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Fragile Egypt economy overshadows Mursi’s vote win






CAIRO (Reuters) – Egyptian President Mohamed Mursi will have little time to savour victory in pushing through a new constitution as it may have cost the Islamist leader broader support for urgent austerity measures needed to fix the creaking economy.


By fast-tracking the constitution through to a referendum that the opposition said was divisive, he may have squandered any chance of building a consensus on tax rises and spending cuts that are essential to rein in a crushing budget deficit.






Unofficial tallies from Mursi‘s Muslim Brotherhood showed the charter was approved by a 64 percent majority. But opponents said he lost the vote in much of the capital, while across the nation he alienated liberals, Christians and others worried by the text that was drafted by an Islamist-dominated assembly.


Opponents say such divisions will fuel more unrest in a nation whose economy has been pummelled by turbulence since Hosni Mubarak was overthrown almost two years ago, scaring off investors and tourists that are both vital sources of capital.


Without broad support, Mursi’s government will find it harder to implement reforms needed to secure a $ 4.8 billion loan from the International Monetary Fund. The Muslim Brotherhood’s party, which propelled Mursi to office, may also face a tougher fight in a parliamentary election expected in about two months.


“For austerity measures to be made at a time when the political system is being opened and millions of people are being enfranchised, you need political consensus within the political class,” said Amr Adly, an expert on the economy.


Yet, even though there is broad acceptance of the urgency of fixing the battered economy, Adly said Mursi’s approach in pushing through a constitution that angered opponents would encourage his rivals to capitalise on any public backlash against austerity rather than help sell reforms to the nation.


“His political rivals are already dealing with these problems on a very opportunistic basis,” said Adly, head of the social and economic justice unit at the Egyptian Initiative for Personal Rights. “There won’t be any prospect of ending … violence in the streets or very deep political divisions.”


UNITED


Egypt’s fractured opposition, defeated at the ballot box by Islamists in each poll since Mubarak was overthrown in February 2011, unified their ranks after Mursi expanded his powers in a decree on November 22 to push through the constitution.


“What Mursi did has united us,” said Ahmed Said, head of the liberal Free Egyptians Party and a leading member of the National Salvation Front coalition, adding he expected a unified approach to the upcoming parliamentary election.


That would give the opposition a much better chance in parliamentary polls against disciplined Islamists, who have built a broad grass-roots network across the nation over decades that liberals and other non-Islamists cannot yet match.


Though Said agreed steps were needed to fix Egypt‘s economy, he said Mursi had made no effort to discuss it with his rivals although they were a national concern. The IMF has long said a broad political consensus to reforms was needed for a loan.


“Who wouldn’t agree with economic reforms?” Said asked, but added: “We have not been consulted at all with regard to supporting such policies or not, we are not sure what is going on in the country.”


Mursi now faces the prospect of having an opposition seeking to score political points from any tax rises and measures to reduce spending, particularly steps to rein in fuel subsidies in a nation where rich and poor have become used to cheap energy.


That could make it more of a challenge for Islamists to win votes in the parliamentary election.


Though the opposition have drawn tens of thousands of Egyptians to the streets on occasion, Islamists have done so with greater regularity and also have a strong record of getting out the vote in the more local politics of a parliamentary poll.


But nation’s political divisions have already taken their toll on the president’s initial economic reforms.


Shortly before the referendum, Mursi introduced increases on the sales tax on goods and services that ranged from alcoholic beverages, cigarettes and mobile phone calls to automobile licences and quarrying permits. He withdrew them within hours under criticism from his opponents and the media.


An immediate result of Mursi’s policy U-turn was a delay in approving the IMF loan. The IMF said it would postpone its meeting in mid-December to approve the loan. Egypt’s government said it might now be approved in January.


Farid Ismail, a senior official in the Brotherhood’s Freedom and Justice Party, said Egypt could not be described as divided when two-thirds of those who voted backed the constitution but said all sides needed to discuss the economic issues ahead.


“We have an economic and social challenge and this is the time for people to present initiatives and engage in a national dialogue,” he said, adding that passing the constitution meant one major hurdle to stabilising the nation had been overcome.


EXPECTATIONS


Yet expectations run high in a nation where demands for social justice and a better standard of living helped drive the 2011 uprising as much as calls for political freedoms.


“We had a revolution to make life easier and prices lower, not higher,” said 19-year-old student Sally Ahmed Kotb referring to Mursi’s tax plans as she went to the polls on Saturday to vote “no”. “This will lead to a hunger revolution.”


Once a darling of emerging market investors, Egypt’s economy has taken a hammering. The budget deficit surged to a crippling 11 percent of gross domestic product in the financial year that ended in June 2012 and is forecast to exceed 10 percent this year.


Without swift action, it could hit 13 percent, said Adly.


Among belt-tightening measures in the pipeline are steps to reduce how much subsidised gasoline drivers can buy, which is bound to be unpopular.


In the meantime, Egypt has been bleeding foreign reserves at a rate of about $ 600 million a month, cutting them to about $ 15 billion, less than half their level before Mubarak’s fall.


Some Egyptians are still ready to give Mursi a chance. Many of those who voted “yes” in the referendum backed the charter as a vote for “stability”, even if they had some reservations. But, even from supporters, Mursi may have limited leeway.


“Just as people rose against Mubarak, they can rise against Mursi,” said Mohamed Mohsen, a civil servant and Islamist backer who voted “yes” in the referendum. “Let’s give him two, three, four or five months to solve our problems then we can see.”


The government says it is already engaged in a “national dialogue” with political forces, unions and others to win public support for an economic plan it insists will not hurt the poor.


“Passage of the new constitution is unlikely to ease recent discord, but it nevertheless marks a significant step forward in Egypt’s laboured political transition,” Simon Williams, HSBC economist in Dubai, wrote in a note after the constitution was approved in the first of the two-stage referendum.


He said progress on the IMF programme could now resume swiftly, but added: “The temptation to avoid pressing ahead with unpopular policy measures may also prove ever harder to resist, particularly ahead of the parliamentary polls.”


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Taliban not demanding Afghan power monopoly






KABUL, Afghanistan (AP) — Taliban representatives at a conference did not insist on total power in Afghanistan and pledged to grant rights to women that the militant Islamist group itself brutally suppressed in the past, according to a Taliban statement received Sunday.


The pledges emerged from a rare meeting last week involving Taliban and Kabul government representatives.






The less strident substance and tone came in a speech delivered at a conference in France. The French hosts described it as a discussion among Afghans rather than peace negotiations.


It was hard to determine whether the softer line taken by the Taliban representatives reflected a real shift in policy or a salvo in the propaganda war for the hearts and minds of Afghans.


The speech said that a new constitution would protect civil and political rights of all citizens. It promised that women would be allowed to choose husbands, own property, attend school and seek work, rights denied them during Taliban rule, which ended with the 2001 U.S. invasion. The speech was emailed from Taliban spokesman Zabihullah Mujahid.


“We are not looking to monopolize power. We want an all-Afghan inclusive government,” the speech said. It was delivered by two Taliban officials, Mawlawi Shahbuddin Dilawar and Muhammad Naeem during the conference on Thursday and Friday.


Afghanistan’s Foreign Ministry spokesman said the government welcomed such talks but did not expect them to bridge the gap between the warring sides.


The United States started to embrace the idea of peace talks after President Barack Obama took office, but discussions stalled in recent years, despite the formation of an Afghan government council tasked with reaching out to the Taliban and the establishment of a Taliban political office in Qatar.


“The peace initiative is a process, and one or two or three meetings are not going to solve the problems. But we are hopeful for the future,” Foreign Ministry spokesman Janan Mosazai said. He said the government’s preconditions for the talks with the Taliban have not changed: a cease-fire, recognition of the Afghan constitution, cutting ties with international terrorists and agreeing to respect the rights of Afghan citizens including women and children.


The Taliban speech reiterated the group’s own longtime policies, declaring that the current constitution was “illegitimate because it is written under the shadow of (U.S.) B-52 aircraft” and that the Taliban remained the legitimate government of the country, a reference to the U.S.-led campaign that drove the Taliban from power.


It also called for the withdrawal of all foreign forces and said a 2014 national election was “not beneficial for solving the Afghan quandary” because it would take place while the country was still under foreign occupation.


Most NATO forces are scheduled to be withdrawn by 2014. The Kabul government and its international backers hope that a peace deal can be brokered with the Taliban and other militant groups before the pullout. NATO still has more than 100,000 troops, including 66,000 U.S. soldiers, on the ground. Washington is now determining the size of a scaled down force the United States will keep in Afghanistan after 2014.


“The occupation must be ended as a first step, which is the desire of the entire nation, because this is the mother of all these tragedies,” the speech said.


The conference was also attended by the Hezb-e-Islami group, which is allied with the Taliban, and political opponents of President Hamid Karzai, whom the Taliban regard as a puppet of Washington.


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How to Get Free Last-Minute Shipping






First, the bad news: the cut off for free shipping on most online sites was Tuesday, Dec 18th. But the good news – we’ve got some sneaky ways to finagle free rush shipping and a list of sites still offering free shipping guaranteed to arrive before December 25th.


Free Rush Shipping
Some of the biggest online retailers are still offering free last minute shipping:






  • Barnes & Noble – free shipping on Nook HD through Dec. 22

  • MacMall – free 2-day shipping on orders over $ 299 and under 25lbs – through 6 p.m. PST Dec. 22.

  • Macy’s – free shipping on orders over $ 99. Place order 11:59 p.m. EST Dec. 20.

  • The Northface – free 2-day shipping on everything through 11:59 p.m. Dec. 19.

  • Walmart.com has extended free shipping through December 19th on some items (check product page for eligibility)

  • Overstock.com – free shipping on select gifts. Place order by Dec. 22 to receive by Christmas.

  • Newegg   Free 2-Day shipping on over 200 items

  • Target – free shipping on Daily Deals

  • Victoria’s Secret – free shipping on orders over $ 100 using code “SHIP12.” Order by 5 p.m. EST on Dec. 20.

  • Zappos – free shipping for all items with guaranteed Christmas delivery if ordered by 11:59 p.m. PST Dec. 22.

And the biggest of the big online retailers, Amazon, has a limited set of items available for free expedited shipping. These include jewelry, watches, clothing, video games, laptops, headphones, and kitchen items.


[Related: Great Gifts for Under $ 25]


But since many of the above deals are limited to select items, take a look at…


How to Get Free 2-Day Shipping on Just About Everything
Amazon Prime is a yearly subscription service. In exchange for a $ 79 fee, you get free 2 day shipping all year long. And yes, that also applies at Christmas (must order by 3 p.m. EST Dec. 22 to receive on time). Best deal is that you can get a free 6-month trial.a1b8f  free shipping fp How to Get Free Last Minute Shipping


And here’s the real sneaky surprise: Do you have a family member who already belongs to Prime? They can nominate up to four people for the same free shipping benefits. Prime members nominate someone by going to their account, clicking “Settings” and “Manage Prime Membership.”


Also, Amazon Student is a free 6-month membership to Prime with all the benefits, providing you have an email address that ends in .edu.


But you don’t have to limit yourself to Amazon. Shoprunner.com also offers free 2-day shipping, though the membership service costs $ 8.95 a month – so not entirely free, but if you have numerous items still to buy, you could save a bundle.  And Shoprunner has tons of participating online retailers like Toys R Us, Sports Authority, Claire’s, PetSmart and EMS. Say you want to buy something from PetSmart.com, if you sign in with Shoprunner, many of the items on the site will be eligible for free 2-day shipping. One more thing to try: I was able to sign up for a free 1-year membership to Shoprunner using the promo code RUNNER. The site implied I had to be an American Express member, but it never asked for my details about the credit card, and now I have a membership. Good luck.


Ship to Store
Finally, the best last-minute option for many is to ship to store. You peruse all the options from home, pay online, and then pick up your selection at your local store. Tons of big retailers offer this service, and it guarantees your item will be in stock and waiting for you at customer service. Major retailers offering free Ship to Store include:


  • Best Buy

  • Target

  • Toys R Us

  • Walmart

  • Sears

[Related: Best E-Reader for Under $ 100]


Brad Marshland contributed to this story.


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How to Get Free Last-Minute Shipping






First, the bad news: the cut off for free shipping on most online sites was Tuesday, Dec 18th. But the good news – we’ve got some sneaky ways to finagle free rush shipping and a list of sites still offering free shipping guaranteed to arrive before December 25th.


Free Rush Shipping
Some of the biggest online retailers are still offering free last minute shipping:






  • Barnes & Noble – free shipping on Nook HD through Dec. 22

  • MacMall – free 2-day shipping on orders over $ 299 and under 25lbs – through 6 p.m. PST Dec. 22.

  • Macy’s – free shipping on orders over $ 99. Place order 11:59 p.m. EST Dec. 20.

  • The Northface – free 2-day shipping on everything through 11:59 p.m. Dec. 19.

  • Walmart.com has extended free shipping through December 19th on some items (check product page for eligibility)

  • Overstock.com – free shipping on select gifts. Place order by Dec. 22 to receive by Christmas.

  • Newegg   Free 2-Day shipping on over 200 items

  • Target – free shipping on Daily Deals

  • Victoria’s Secret – free shipping on orders over $ 100 using code “SHIP12.” Order by 5 p.m. EST on Dec. 20.

  • Zappos – free shipping for all items with guaranteed Christmas delivery if ordered by 11:59 p.m. PST Dec. 22.

And the biggest of the big online retailers, Amazon, has a limited set of items available for free expedited shipping. These include jewelry, watches, clothing, video games, laptops, headphones, and kitchen items.


[Related: Great Gifts for Under $ 25]


But since many of the above deals are limited to select items, take a look at…


How to Get Free 2-Day Shipping on Just About Everything
Amazon Prime is a yearly subscription service. In exchange for a $ 79 fee, you get free 2 day shipping all year long. And yes, that also applies at Christmas (must order by 3 p.m. EST Dec. 22 to receive on time). Best deal is that you can get a free 6-month trial.a1b8f  free shipping fp How to Get Free Last Minute Shipping


And here’s the real sneaky surprise: Do you have a family member who already belongs to Prime? They can nominate up to four people for the same free shipping benefits. Prime members nominate someone by going to their account, clicking “Settings” and “Manage Prime Membership.”


Also, Amazon Student is a free 6-month membership to Prime with all the benefits, providing you have an email address that ends in .edu.


But you don’t have to limit yourself to Amazon. Shoprunner.com also offers free 2-day shipping, though the membership service costs $ 8.95 a month – so not entirely free, but if you have numerous items still to buy, you could save a bundle.  And Shoprunner has tons of participating online retailers like Toys R Us, Sports Authority, Claire’s, PetSmart and EMS. Say you want to buy something from PetSmart.com, if you sign in with Shoprunner, many of the items on the site will be eligible for free 2-day shipping. One more thing to try: I was able to sign up for a free 1-year membership to Shoprunner using the promo code RUNNER. The site implied I had to be an American Express member, but it never asked for my details about the credit card, and now I have a membership. Good luck.


Ship to Store
Finally, the best last-minute option for many is to ship to store. You peruse all the options from home, pay online, and then pick up your selection at your local store. Tons of big retailers offer this service, and it guarantees your item will be in stock and waiting for you at customer service. Major retailers offering free Ship to Store include:


  • Best Buy

  • Target

  • Toys R Us

  • Walmart

  • Sears

[Related: Best E-Reader for Under $ 100]


Brad Marshland contributed to this story.


Tech News Headlines – Yahoo! News





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Reality TV star Bethenny Frankel and husband to separate






NEW YORK (Reuters) – Reality TV star Bethenny Frankel and her husband Jason Hoppy are separating, Frankel announced on Sunday.


“It brings me great sadness to say that Jason and I are separating. This was an extremely difficult decision that, as a woman and a mother, I have to accept as the best choice for our family,” Frankel said in a statement confirmed by her representative.






“We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us.”


Frankel, 42, and Hoppy married in March of 2010. They have a daughter, Bryn, who was born in May of 2010.


On Sunday, Frankel tweeted, “I am heartbroken. I am sad. We will work through this as a family.”


Frankel first attracted attention in 2008 on the reality show “The Real Housewives of New York City,” which chronicles the exploits of wealthy New York women. She went on to star in two other reality TV shows, “Bethenny Getting Married?” and “Bethenny Ever After…,” both of which centered on the couple’s marriage and child-rearing.


Frankel also founded the Skinnygirl line of cocktails, and has written several diet and self-help books. In 2012 she launched a talk show, “Bethenny,” which is set to air nationally in 2013.


(Reporting By Andrea Burzynski; Editing by Stacey Joyce)


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Few tests done at toxic sites after superstorm






OLD BRIDGE, N.J. (AP) — For more than a month, the U.S. Environmental Protection Agency has said that the recent superstorm didn’t cause significant problems at any of the 247 Superfund toxic waste sites it’s monitoring in New York and New Jersey.


But in many cases, no actual tests of soil or water are being conducted, just visual inspections.






The EPA conducted a handful of tests right after the storm, but couldn’t provide details or locations of any recent testing when asked last week. New Jersey officials point out that federally designated Superfund sites are EPA’s responsibility.


The 1980 Superfund law gave EPA the power to order cleanups of abandoned, spilled and illegally dumped hazardous wastes that threaten human health or the environment. The sites can involve long-term or short-term cleanups.


Jeff Tittel, executive director of the Sierra Club in New Jersey, says officials haven’t done enough to ensure there is no contamination from Superfund sites. He’s worried toxins could leach into groundwater and the ocean.


“It’s really serious and I think the EPA and the state of New Jersey have not done due diligence to make sure these sites have not created problems,” Tittel said.


The EPA said last month that none of the Superfund sites it monitors in New York or New Jersey sustained significant damage, but that it has done follow-up sampling at the Gowanus Canal site in Brooklyn, the Newtown Creek site on the border of Queens and Brooklyn, and the Raritan Bay Slag site, all of which flooded during the storm.


But last week, EPA spokeswoman Stacy Kika didn’t respond to questions about whether any soil or water tests have been done at the other 243 Superfund sites. The agency hasn’t said exactly how many of the sites flooded.


“Currently, we do not believe that any sites were impacted in ways that would pose a threat to nearby communities,” EPA said in a statement.


Politicians have been asking similar questions, too. On Nov. 29, U.S. Sen. Frank Lautenberg, D-N.J., wrote to the EPA to ask for “an additional assessment” of Sandy’s impact on Superfund sites in the state.


Elevated levels of lead, antimony, arsenic and copper have been found at the Raritan Bay Slag site, a Superfund site since 2009. Blast furnaces dumped lead at the site in the late 1960s and early 1970s, and lead slag was also used there to construct a seawall and jetty.


The EPA found lead levels as high as 142,000 parts per million were found at Raritan Bay in 2007. Natural soil levels for lead range from 50 to 400 parts per million.


The EPA took four samples from the site after Superstorm Sandy: two from a fenced-off beach area and two from a nearby public playground. One of the beach samples tested above the recreational limit for lead. In early November, the EPA said it was taking additional samples “to get a more detailed picture of how the material might have shifted” and will “take appropriate steps to prevent public exposure” at the site, according to a bulletin posted on its website. But six weeks later, the agency couldn’t provide more details of what has been found.


The Newtown Creek site, with pesticides, metals, PCBs and volatile organic compounds, and the Gowanus Canal site, heavily contaminated with PCBs, heavy metals, volatile organics and coal tar wastes, were added to the Superfund list in 2010.


Some say the lead at the Raritan Bay site can disperse easily.


Gabriel Fillippeli, director of the Center for Urban Health at Indiana University-Purdue University Indianapolis, said lead tends to stay in the soil once it is deposited but can be moved around by stormwaters or winds. Arsenic, which has been found in the surface water at the site, can leach into the water table, Fillippeli said.


“My concern is twofold. One is, a storm like that surely moved some of that material physically to other places, I would think,” Fillippeli said. “If they don’t cap that or seal it or clean it up, arsenic will continue to make its way slowly into groundwater and lead will be distributed around the neighborhood.”


The lack of testing has left some residents with lingering worries.


The Raritan Bay Slag site sits on the beach overlooking a placid harbor with a view of Staten Island. On a recent foggy morning, workers were hauling out debris, and some nearby residents wondered whether the superstorm increased or spread the amount of pollution at the site.


“I think it brought a lot of crud in from what’s out there,” said Elise Pelletier, whose small bungalow sits on a hill overlooking the Raritan Bay Slag site. “You don’t know what came in from the water.” Her street did not flood because it is up high, but she worries about a park below where people go fishing and walk their dogs. She would like to see more testing done.


Thomas Burke, an associate dean at the Johns Hopkins School of Public Health, says both federal and state officials generally have a good handle on the major Superfund sites, which often use caps and walls to contain pollution.


“They are designed to hold up,” Burke said of such structures, but added that “you always have to be concerned that an unusual event can spread things around in the environment.” Burke noted that the storm brought in a “tremendous amount” of water, raising the possibility that groundwater plumes could have changed.


“There really have to be evaluations” of communities near the Superfund sites, he said. “It’s important to take a look.”


Officials in both New York and New Jersey note they’ve also been monitoring less toxic sites known as brownfields and haven’t found major problems. The New York DEC said in a statement that brownfields in that state “were not significantly impacted” and that they don’t plan further tests for storm impacts.


Larry Ragonese, a spokesman for the New Jersey Department of Environmental Protection, said the agency has done visual inspections of major brownfield sites and also alerted towns and cities to be on the lookout for problems. Ragonese said they just aren’t getting calls voicing such concerns.


Back at the Raritan Bay slag site, some residents want more information. And they want the toxic soil, which has sat here for years, out.


Pat Churchill, who was walking her dog in the park along the water, said she’s still worried.


“There are unanswered questions. You can’t tell me this is all contained. It has to move around,” Churchill said.


Health News Headlines – Yahoo! News





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