Clinton Cites New Security Steps After Libya Attack

Christopher Gregory/The New York Times

The secretary of state faced tough questions over the attack on an American mission. Page A11.

WASHINGTON — In one of her final appearances as secretary of state, Hillary Rodham Clinton on Wednesday vigorously defended her handling of last September’s attack on the United States diplomatic compound in Benghazi, Libya, which killed four Americans and prompted a scathing review of State Department procedures.

“As I have said many times, I take responsibility, and nobody is more committed to getting this right,” she said, reading a statement during a day of testimony before Senate and House committees. “I am determined to leave the State Department and our country safer, stronger and more secure.”

But Mrs. Clinton, whose appearance before Congress had been postponed since December because of illness, quickly departed from the script. She jousted with Republican lawmakers over who deserved blame for the security problems at the compound, and choked up as she described being at Joint Base Andrews outside Washington when the bodies of the Americans killed in the assault arrived from Libya.

“I stood next to President Obama as the Marines carried those flag-draped caskets off the plane at Andrews,” she said. “I put my arms around the mothers and fathers, sisters and brothers, sons and daughters.”

The continuing controversy over the attack, which resulted in the deaths of Ambassador J. Christopher Stevens and three other Americans, has cast a cloud over Mrs. Clinton’s final months at the State Department. It also has enormous political implications for Mrs. Clinton, the former New York senator who is already regarded as the front-runner for the 2016 Democratic presidential nomination if she chooses to run. It was the first time she had faced extensive questioning about her role in the episode.

In essence, Mrs. Clinton’s approach was to accept the responsibility for security lapses in Benghazi but not the blame.

“I feel responsible for the nearly 70,000 people who work for the State Department,” Mrs. Clinton told the Senate Foreign Relations Committee in the morning. “But the specific security requests pertaining to Benghazi, you know, were handled by the security professionals in the department. I didn’t see those requests. They didn’t come to me. I didn’t approve them. I didn’t deny them.”

When the question of her role was taken up again in the afternoon hearing by Representative Ed Royce, the California Republican who is chairman of the House Foreign Affairs Committee, Mrs. Clinton acknowledged that she had been briefed on a series of events that indicated that security in Benghazi was deteriorating in the months before the attack. They included the placement of a bomb at the outer wall of the compound in June and an ambush that month on the British ambassador.

But she said she had gone along with a recommendation from subordinates that the Benghazi post be kept open and assumed that they would take the necessary steps to protect it.

Mrs. Clinton first publicly took responsibility for the Sept. 11 attack in an Oct. 15 interview with television reporters. Since then, she has committed herself to putting in place all of the recommendations of an independent review that was led by Thomas R. Pickering, a former American ambassador, and Mike Mullen, the retired admiral who served as the chairman of the Joint Chiefs of Staff.

For all of the hours of testimony, the hearings did little to clarify the role of the White House in overseeing the American presence in Libya before the attack or explain why the Pentagon had few forces available on the anniversary of the Sept. 11, 2001, terrorist attacks to respond quickly to any assault on diplomatic outposts in the region.

One of the sharpest exchanges of the day came when Mrs. Clinton responded to questions from Senator Ron Johnson, a Wisconsin Republican, by saying there was too much focus on how the Benghazi attack had been characterized in its early hours and not enough on how to prevent a recurrence. Republicans have repeatedly charged that Obama administration officials deliberately played down the attack, focusing much of their criticism on Susan E. Rice, the ambassador to the United Nations and once Mr. Obama’s choice to succeed Mrs. Clinton.

Eric Schmitt contributed reporting.

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Apple’s iPhone disappointment fans doubt on growth

SAN FRANCISCO (Reuters) – Apple Inc missed Wall Street’s revenue forecast for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of the mobile industry was slipping.

Shares of the world’s largest tech company fell 10 percent to $ 463 in after-hours trade, wiping out some $ 50 billion of its market value – nearly equivalent to that of Hewlett-Packard and Dell, combined.

On Wednesday, Apple said it shipped a record 47.8 million iPhones in the December quarter, up 29 percent from the year-ago period. But that lagged the 50 million that analysts on average had projected.

Expectations heading into the results had been subdued by news of possible production cutbacks by some component suppliers in Asia, triggering fears that demand for the iPhone, which accounts for half of Apple‘s revenue, and the iPad could be slowing.

But many investors clung to hopes for a repeat of years of historical outperformance, analysts said.

“It’s going to call into question Apple‘s dominance in the space. It’s still one of the strong players, the others being Samsung and Google. It’s still a two-horse race, but Android continues to grow rapidly,” said Sterne Agee analyst Shaw Wu.

“If you step back a bit, it’s clear they shipped a lot of phones. But the problem is the high expectations that investors have. Apple‘s conservative guidance highlights the concerns over production cuts coming out of Asia recently.”

Apple projected revenue of $ 41 billion to $ 43 billion in the current, second fiscal quarter, lagging the average Wall Street forecast of more than $ 45 billion.

Fiscal first quarter revenue rose 18 percent to $ 54.5 billion, below the average analyst estimate of $ 54.73 billion, though earnings per share of $ 13.81 beat the Street forecast of $ 13.47, according to Thomson Reuters I/B/E/S.

Apple also undershot revenue targets in the previous two quarters, and these results will prompt more questions on what Apple has in its product pipeline, and what it can do to attract new sales and maintain its growth trajectory, analysts said.

Net income of $ 13.07 billion was virtually flat with $ 13.06 billion a year earlier on higher manufacturing costs. The year-ago quarter also had an extra week compared to this year.

Gross margins consequently slid to 38.6 percent, from 44.7 percent previously.

“You can’t just keep rolling out iPhones and iPads and think that everybody needs a new one,” said Jeffrey Gundlach, who runs DoubleLine Capital LP, the $ 53 billion bond firm. “The mini? What is that all about? It is a slightly smaller iPad — so what? So that is our new definition of innovation?”

“There are plenty of competitors like Samsung and other legitimate competitors like them,” added Gundlach, one of the highest-profile Apple bears. He maintains a $ 425 price target.

Shares of several of Apple‘s suppliers crumbled. Chip suppliers Skyworks and Cirrus Logic both fell more than 6 percent. Qualcomm Inc slipped 1.8 percent.

CHINA IS NEXT BIG GROWTH DRIVER

Apple shares are down nearly 30 percent from a record high in September, in part on worries that its days of hyper growth are over and its mobile devices are no longer as popular.

Intense competition from Samsung‘s cheaper phones – powered by Google’s Android software – and signs that the premium smartphone market may be close to saturation in developed markets have also caused a lot of investor anxiety.

Meanwhile, sales of the iPad came in at 22.9 million in the fiscal first quarter, roughly in line with forecasts.

On the brighter side, Chief Financial Officer Peter Oppenheimer told Reuters that iPhone sales more than doubled in greater China – a region that Apple Chief Executive Tim Cook has vowed to focus on as its next big growth driver.

The company will begin detailing results from that country going forward. Revenue from the region totaled $ 7.3 billion, up 60 percent from the year-ago December quarter.

“These results were OK, but they definitely raised a few questions,” said Shannon Cross, analyst with Cross Research. “Gross margin trajectory looks fine so that’s a positive and cash continues to grow. But I think investors are going to want to know what Apple plans to do with growing cash balance.”

“And other questions are going to be around innovation and where the next products are coming from and what does Tim Cook see in the next 12 to 18 months.”

ADDRESSING PRODUCTION RUMORS

In an unusual move for Apple, which typically does not respond to speculation, Cook addressed the production cutback rumors at length on the conference call and questioned the accuracy of rumors about its plans.

Media reports earlier this month said the company is slashing orders for iPhone 5 and iPad screens and other components from its Asian suppliers.

“Even if a particular data point were factual, it would be impossible to accurately interpret the data point as to what it meant for our overall business, because the supply chain is very complex,” he said, adding that Apple has multiple sources for components.

“Yields might vary. Supplier performance can vary. The beginning inventory positions can vary. There’s just an inordinately long list of things that would make any single data point not a great proxy for what’s going on,” he said.

Apple‘s initial iPhone and iPad mini sales were hurt by supply constraints, but Cook expects supply to balance demand for the iPad mini this quarter. He also acknowledged that iPad was cannibalizing its high-margin Macintosh computers, but said it was a huge opportunity for the company.

“On iPad in particular, we have the mother of all opportunities here, because the Windows market is much, much larger than the Mac market is,” he said. And I think it is clear that it’s already cannibalizing some.”

In another departure from tradition, Apple intends to tweak the way it both reports results and publishes forecasts.

Apart from breaking out results from China, the company also will no longer provide a single revenue or gross margin outlook. From Wednesday, it began providing the range it expects to hit, rather than the often-ludicrously conservative estimates that Apple was once notorious for.

The new policy took many by surprise.

“Before people could always ignore the guidance,” said Dan Niles, Chief Investment Officer of AlphaOne Capital Partners, LLC. “Apple is telling investors that they need to pay attention to the guidance and you can’t ignore it, which is basically what we all did in the past.”

(Additional reporting by Alistair Barr and Alexei Oreskovic in San Francisco and Jennifer Ablan in New York; Editing by Bernard Orr and Edwin Chan)

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Nicki Minaj Storms Off American Idol Set in Charlotte, N.C.

TV Watch

American Idol

By Jamie Bufalino

01/23/2013 at 10:50 PM EST

From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj and Keith Urban

Michael Becker/FOX.

As American Idol's talent search headed to Charlotte, N.C., on Wednesday, the already-tense relationship between judges Mariah Carey and Nicki Minaj went even further south.

Things got so heated that the production had to shut down for a bit, leaving a speedway full of aspiring singers sitting idle. The cause of the friction? Disagreements over the judges' varying styles of critique – particularly when it came to 20-year-old Summer Cunningham.

"Why are we picking her apart?" Minaj asked after Carey questioned whether the contestant's voice was best-suited for country music.

"Really? Is that what I did?" responded Carey. "We're trying to help her as opposed to just talk about her outfit."

That retort caused Minaj to throw a fit. "Oh, you're right. I'm sorry I can't help her. Maybe I should just get off the [BLEEP] panel," she said before walking off the set.

As Minaj left, Carey got in one more shot: Referring to Minaj storming off, she said, "I was going to do that the next time she ragged on me."

But the judging panel – including Keith Urban and Randy Jackson – also had plenty moments of togetherness in Charlotte. They gave unanimous thumbs up to Brian Rittenberry, 27 – a dad from Jasper, Ga., whose wife bounced back from battling cancer – for belting out "Let It Be" with a big booming voice.

They also swooned over 16-year-old Isabel Gonzalez, who Jackson plucked out of a high school class to audition for Idol as part of this season's new nomination segments. And they were all in agreement that 20-year-old Joel Nemoyer from Carlisle, Pa., should try a different line of work after he tried crooning a Michael Bublé song while lying flat on his back.

Even without the histrionics, Minaj proved to be the most entertaining of the judges. Between her ongoing habit of assigning nicknames to all the contestants – she dubbed singers everything from "collard greens" to "Jumanji" – Minaj also managed to ask hilariously bizarre questions ("Have you ever lived in Tokyo?") and put new and sometimes creepy twists on her positive critiques. "I want to skin you and wear you," she told one girl she was particularly fond of.

Even with the short interruption due to the judges' kerfuffle, the Idol gang managed to find 36 contestants to put through to Hollywood.

And they'll be back for more auditions in Baton Rouge, La., on Thursday.

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Women have caught up to men on lung cancer risk

Smoke like a man, die like a man.

U.S. women who smoke today have a much greater risk of dying from lung cancer than they did decades ago, partly because they are starting younger and smoking more — that is, they are lighting up like men, new research shows.

Women also have caught up with men in their risk of dying from smoking-related illnesses. Lung cancer risk leveled off in the 1980s for men but is still rising for women.

"It's a massive failure in prevention," said one study leader, Dr. Michael Thun of the American Cancer Society. And it's likely to repeat itself in places like China and Indonesia where smoking is growing, he said. About 1.3 billion people worldwide smoke.

The research is in Thursday's New England Journal of Medicine. It is one of the most comprehensive looks ever at long-term trends in the effects of smoking and includes the first generation of U.S. women who started early in life and continued for decades, long enough for health effects to show up.

The U.S. has more than 35 million smokers — about 20 percent of men and 18 percent of women. The percentage of people who smoke is far lower than it used to be; rates peaked around 1960 in men and two decades later in women.

Researchers wanted to know if smoking is still as deadly as it was in the 1980s, given that cigarettes have changed (less tar), many smokers have quit, and treatments for many smoking-related diseases have improved.

They also wanted to know more about smoking and women. The famous surgeon general's report in 1964 said smoking could cause lung cancer in men, but evidence was lacking in women at the time since relatively few of them had smoked long enough.

One study, led by Dr. Prabhat Jha of the Center for Global Health Research in Toronto, looked at about 217,000 Americans in federal health surveys between 1997 and 2004.

A second study, led by Thun, tracked smoking-related deaths through three periods — 1959-65, 1982-88 and 2000-10 — using seven large population health surveys covering more than 2.2 million people.

Among the findings:

— The risk of dying of lung cancer was more than 25 times higher for female smokers in recent years than for women who never smoked. In the 1960s, it was only three times higher. One reason: After World War II, women started taking up the habit at a younger age and began smoking more.

—A person who never smoked was about twice as likely as a current smoker to live to age 80. For women, the chances of surviving that long were 70 percent for those who never smoked and 38 percent for smokers. In men, the numbers were 61 percent and 26 percent.

—Smokers in the U.S. are three times more likely to die between ages 25 and 79 than non-smokers are. About 60 percent of those deaths are attributable to smoking.

—Women are far less likely to quit smoking than men are. Among people 65 to 69, the ratio of former to current smokers is 4-to-1 for men and 2-to-1 for women.

—Smoking shaves more than 10 years off the average life span, but quitting at any age buys time. Quitting by age 40 avoids nearly all the excess risk of death from smoking. Men and women who quit when they were 25 to 34 years old gained 10 years; stopping at ages 35 to 44 gained 9 years; at ages 45 to 54, six years; at ages 55 to 64, four years.

—The risk of dying from other lung diseases such as emphysema and chronic bronchitis is rising in men and women, and the rise in men is a surprise because their lung cancer risk leveled off in 1980s.

Changes in cigarettes since the 1960s are a "plausible explanation" for the rise in non-cancer lung deaths, researchers write. Most smokers switched to cigarettes that were lower in tar and nicotine as measured by tests with machines, "but smokers inhaled more deeply to get the nicotine they were used to," Thun said. Deeper inhalation is consistent with the kind of lung damage seen in the illnesses that are rising, he said.

Scientists have made scant progress against lung cancer compared with other forms of the disease, and it remains the leading cause of cancer deaths worldwide. More than 160,000 people die of it in the U.S. each year.

The federal government, the Canadian Institutes of Health Research, the Bill and Melinda Gates Foundation, the cancer society and several universities paid for the new studies. Thun testified against tobacco companies in class-action lawsuits challenging the supposed benefits of cigarettes with reduced tar and nicotine, but he donated his payment to the cancer society.

Smoking needs more attention as a health hazard, Dr. Steven A. Schroeder of the University of California, San Francisco, wrote in a commentary in the journal.

"More women die of lung cancer than of breast cancer. But there is no 'race for the cure' for lung cancer, no brown ribbon" or high-profile advocacy groups for lung cancer, he wrote.

Kathy DeJoseph, 62, of suburban Atlanta, finally quit smoking after 40 years — to qualify for lung cancer surgery last year.

"I tried everything that came along, I just never could do it," even while having chemotherapy, she said.

It's a powerful addiction, she said: "I still every day have to resist wanting to go buy a pack."

___

Online:

American Cancer Society: http://www.cancer.org

National Cancer Institute: http://www.cancer.gov/cancertopics/tobacco/smoking and http://www.cancer.gov/cancertopics/types/lung

Medical journal: http://www.nejm.org

___

Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Asian shares recover on improved China PMI

TOKYO (Reuters) - Asian shares edged higher on Thursday after manufacturing data from China confirmed a recovery in the world's second biggest economy was on track, easing nervousness caused by a sharp drop in Apple Inc shares after its earnings report.

China's HSBC flash purchasing managers' index (PMI) rose to 51.9 in January to a two-year high, signaling a rebound in manufacturing activity.

"China has shown signs of recovery recently and the global economic outlook has been improving to give a generally positive direction for markets," said Koichiro Kamei, managing director at financial research firm Market Strategy Institute.

The MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> was up 0.1 percent after falling around 0.3 percent earlier, led by its technology sector <.miapjit00pus> which fell about 1 percent in earlier trade. It was recently down 0.5 percent.

Apple, the world's largest technology company, missed Wall Street's revenue forecast for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of the mobile industry was slipping, sending its shares down more than 10 percent in after-hours trading.

Apple's component suppliers such South Korea's LG Display fell, while Taiwan stocks <.twii> were also dragged by Hon Hai and other Apple suppliers.

Shanghai shares <.ssec> extended gains to a 1.5 percent rally from a 0.2 percent rise after the China PMI report. Australian shares <.axjo> built on earlier gains to rise 0.5 percent as the data from China, Australia's largest export market, buoyed sentiment.

South Korean shares <.ks11> nearly wiped earlier losses to trade down 0.1 percent, and the benchmark Nikkei average <.n225> also recouped earlier losses to rise 0.4 percent after falling to a three-week closing low on Tuesday. <.t/>

YEN BUYING HALTED

There was a pause in the two-day yen buying spree, which was driven by the Bank of Japan's latest policy easing steps on Tuesday failing to provide immediate stimulus as expected by some investors. The BOJ pledged to achieve a 2 percent inflation target and promised to start open-ended asset buying from 2014.

The dollar rose 0.4 percent to 88.91 yen while the euro also edged up 0.3 percent to 118.43 yen. The yen is still down 12 percent from its mid-November levels, when markets began pricing in strong monetary accommodation from the BOJ.

Many market players believe the yen's weakness will persist due to widespread expectations the BOJ will continue pursuing aggressive monetary easing policies to beat the country's stubborn deflation.

"The BOJ decision probably isn't a big deal in a sense that the new BOJ regime after (Governor Masaaki) Shirakawa is expected to do everything and anything available, so after profit taking, it's a good opportunity to re-enter the 'Abe trade' because it's all about expectations," said Shogo Fujita, chief Japanese bond strategist at Bank of America in Tokyo.

The "Abe trade" refers to investors betting on a weakening yen and rising Japanese equities on perception Prime Minister Shinzo Abe will pursue aggressive fiscal and monetary policies to pull Japan out of deflation and economic stagnation.

Data on Thursday confirming a deteriorating Japanese trade balance also encouraged yen selling, traders said. Japan logged a record annual trade deficit in 2012.

Earlier on Thursday, South Korea said its economy grew 0.4 percent in the fourth quarter of 2012 on a quarterly basis. But it fell short of around 0.8 percent growth that the Bank of Korea had projected as recently as in October, underscoring a delayed global recovery due to persistent uncertainties hobbling the major economies.

The International Monetary Fund said on Wednesday an unexpectedly stubborn euro zone recession and weakness in Japan will weigh on global economic growth this year before a rebound in 2014.

Asian economies will see weaker growth this year than was expected just three months ago, despite expected policy easing by central banks as inflation pressures taper off, a Reuters poll showed on Wednesday.

U.S. crude was up 0.2 percent at $95.45 a barrel while Brent fell 0.3 percent to $112.46.

London copper was down 0.1 percent at $8.095 a tonne and spot gold inched down 0.1 percent to $1,683.31 an ounce, slipping from a recent one-month high.

(Editing by Shri Navaratnam)

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IHT Rendezvous: The Brewing Terror Threat in Thailand

BEIJING — Islamic terrorism never went away, though it seemed perhaps to have quieted down after the death of Osama bin Laden in 2011. But is it back now, stronger, as the crisis in Mali shows? And is southern Thailand a next crisis zone?

According to the Global Terrorism Index issued by the Institute for Economics and Peace, the countries suffering the most from the impact of terrorism include familiar places such as Iraq, Afghanistan, Pakistan and Somalia. But here’s a surprise, perhaps: Thailand ranked No. 8, even though many people associate it with holiday-making in the sun and not the carnage of war.

According to the index, issued last December by the institute, a nonprofit group that works for world peace, in 2011 Thailand had 173 terrorist incidents that resulted in 142 fatalities (Iraq topped the index with 1,228 incidents and 1,798 fatalities.)

In the excellent interactive graphic, Mali ranked 43d out of the 158 countries studied, something which will presumably change following the jihadist thrust there that has led to the military intervention of France and African nations, supported by the United States. As this Reuters article explains, “The aim of the intervention is to prevent northern Mali from becoming a launchpad for international attacks by al Qaeda and its local allies in North and West Africa.”

In Thailand, the decades-old Muslim insurgency is growing and changing in character – and foreigners, as well as Thais, should beware, reports Asia Sentinel, an online platform for Asian issues

The conflict is already very bloody. More than 5,000 people have been killed since 2001 and about 11,000 severely injured, according to statistics kept by Deep South Watch, a monitoring organization in southern Thailand. The Council on Foreign Relations Web said this makes Thailand “the deadliest war zone in East Asia.”

Last year, the insurgency in Thailand’s south began taking on “a worrying new direction,” the article in Asia Sentinel said.

“Buddhist monks and teachers have been regularly singled out as targets. More than 300 schools closed recently as teachers went on strike over the worsening security situation. In September 2012, militants threatened to kill anyone not respecting Friday as the Muslim Sabbath, which forced many businesses to close and many people to remain indoors for the day,” the article said. “Creeping Islamization is changing the nature of this previously low-level conflict.”

“Further complicating the nature of the rebellion are deep links to local criminal gangs, especially those centered on drug and people trafficking. Conflict in the Deep South is an extremely profitable business,” it said.

As the article on the Council’s Web site reported, an attack on Sept. 21 killed six in Pattani province in Thailand’s south, just a few hundred kilometers from the tourist beaches of Phuket and Thailand’s west coast.

“These types of brutal attacks have become routine in this province,” it said. “On a daily basis, groups of heavily armed men attack local officials, police, soldiers, teachers and any Muslim they believe is not adhering strictly enough to Islamic values. The insurgents explode homemade bombs, climb onto school buses and strafe children with gunfire. Those believed to sympathize with the national government are sometimes decapitated, their headless bodies left in public places, along with warnings to obey a strict form of Islam.”

Thailand’s deputy prime minister, Chalerm Yoobamrung, who is also the country’s “security boss,” as the Bangkok newspaper, The Nation, described him, has said that the institute’s high ranking on the list was actually a misunderstanding.

Chalerm’s response was pilloried early this month by the newspaper, which accused him of sweeping the problem under the carpet and hoping nobody would notice.

Just as the Islamist push in North Africa appears to have taken a new turn with the killing of local and foreign hostages in Algeria, some are worried the same will happen in Thailand, unless the problem is dealt with.

“Current travel warnings for Thailand continue to understate the risk,” said the Asia Sentinel.

“Remarkably, the Thai insurgency has never veered near the coastal enclaves that are packed both with wealthy tourists and westerners who own beach properties in Phuket and other areas.”

But, “There is precedent for caution,” the Sentinel said. “In 2001, an Abu Sayyaf raid kidnapped about 20 people from Dos Palmas, an expensive resort north of Puerto Princesa City on the island of Palawan in the Philippines, which had been considered completely safe.” A Peruvian-American tourist was beheaded by the kidnappers and an American missionary was killed in a shootout between them and security forces.

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FTC study taking aim at online marketing of booze

LOS ANGELES (Reuters) – The Federal Trade Commission (FTC) plans this summer to recommend ways that the alcoholic beverage industry can better protect underage viewers from seeing its advertisements online.

Distillers, brewers and wineries pour millions of dollars into brand promotion on Twitter, Facebook and other social media, and industry critics contend they are not doing enough to prevent young consumers from receiving these messages.

“We’re doing a deep dive on how they’re using the Internet and social media,” said Janet Evans, a lawyer with the FTC, which is conducting a year-long study due to be released by early summer. “We’re focusing on underage exposure.”

She would not elaborate on any potential recommendations that might come out of the study, which began in April 2012.

The FTC is reviewing data from 14 big producers, Evans said, including Beam Inc, the maker of Jim Beam, Diageo Plc, home to Johnnie Walker, and Constellation Brands Inc, which makes Robert Mondavi and Ravenswood wines.

The FTC report “is something we take seriously and place at high priority,” said Karena Breslin, director for digital marketing at Constellation.

The FTC has made two requests for information since the study began, she said.

The regulatory agency has not said it intends to impose restrictions on liquor company social media advertising but it can make recommendations to the industry.

The FTC is empowered to file suit to ensure consumers are protected from deceptive marketing practices, Evans said, but she stressed that studies of this nature are meant to promote better self-regulation, not provide a basis for a case.

Industry executives say alcohol makers and distributors voluntarily adhere to the same industry-set standard for marketing to underage viewers on social media sites that the industry set for its ads on TV and other media. That requires that at least 71.6 percent of an audience consists of adults 21 and older.

“No one in their right mind would want to advertise to people who can’t legally buy their product,” said Frank Coleman, senior vice president for Distilled Spirits Council of the United States (DISCUS), the trade group that sets the industry’s advertising codes.

Coleman also cited recent data showing the audiences for Facebook and Twitter are skewed heavily towards viewers who are above the legal drinking age.

“According to Nielsen’s latest data, the demographic audience for Facebook is 83.5 percent 21 years and older, and for Twitter it is 85 percent,” Coleman said.

In June 2011, DISCUS revised its code upwards to 71.6 percent from 70 percent, after the FTC recommended it review the standard to better reflect U.S. Census population data.

Industry critics, including David Jernigen, director of the Center on Alcohol Marketing and Youth at Johns Hopkins University, and Sarah Mart, research director of the advocacy group Alcohol Justice, contend the industry didn’t go far enough and should raise the standard further.

Jernigen said it needs to be at least 85 percent to effectively protect youth, so there would be no more than 15 percent exposure to the underage drinking population.

“The industry says its self-regulating but it’s ineffective and social media opens up a whole new set of problems because their ads are everywhere,” said Mart.

Coleman said the group now requires members to install age-checking tools via instant messaging as a gateway to Twitter feeds and other branded Web platforms that ask the user for a birth date before admitting them.

In the first nine months of 2012, beer, wine and spirits manufacturers spent an estimated $ 35 million for paid Web display advertising, but industry executives estimate many millions more were spent on website creation, video production for platforms like Google’s YouTube and social media marketing efforts.

“We’ve significantly adjusted more money to digital for online video, websites, Facebook and Twitter content,” said Kevin George, global chief marketing officer for Jim Beam, which spends 30 percent of its media spend for online outlets, up from 10 percent in 2008, he said.

Many companies are expanding their digital staff. Wine maker Constellation hired Breslin three years ago to initiate digital marketing and now has a team of five reporting to her.

Many alcoholic beverage companies flocked to Facebook because it requires users to post their birth dates when signing up.

Last year Twitter partnered with Buddy Media to offer a screening tool that sends a direct message to fans who click on an alcoholic brand. The message sends the fan a link to a site that asks for date of birth.

Salesforce.com bought Buddy Media last June, which is now folding the platform into its marketing cloud portfolio.

Health advocates and industry critics are crying foul. “Facebook and other interactive platforms are poorly monitored and not well age-protected,” said Jernigen of Johns Hopkins University. “Anyone can say they’re 21 and click yes.”

(Reporting by Susan Zeidler; Editing by Ron Grover, Alden Bentley and Phil Berlowitz)

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PEOPLE's Music Critic: Why We're Upset About Beyoncé's Lip-Synching Drama

By Chuck Arnold

01/22/2013 at 08:40 PM EST

Did she lip-synch or didn't she?

That's the question surrounding Beyoncé after reports surfaced that she didn't sing "The Star-Spangled Banner" live at yesterday's presidential inauguration.

A spokesperson for the U.S. Marine Band, which backed the pop diva at the ceremony, said Tuesday that Mrs. Jay-Z decided to use a previously recorded vocal track before delivering the national anthem, but later on another spokesperson, this one for the Pentagon, said there was no way of knowing whether the 16-time Grammy winner was guilty of lip-synching or not.

Should it matter? Let's remember that Whitney Houston, in what is widely considered one of the best renditions of "The Star-Spangled Banner" of all time, didn't sing it live either at the 1991 Super Bowl.

There are all sorts of technical reasons why it can be challenging to perform a song as difficult as this on such a large scale, and there are many extenuating circumstances that could have played a role in any decision to lip-synch. Certainly no one is questioning whether Beyoncé – who, in removing her earpiece midway through, may have been experiencing audio problems – has the chops to sing it.

Lip-synching – or at least singing over pre-recorded vocal tracks – has long been acceptable for dance-driven artists like Madonna, Janet Jackson and Britney Spears, whose emphasis on intense, intricate choreography makes it hard to execute the moves fans have come to expect while also singing live. Huffing and puffing into the microphone or barely projecting for the sake of keeping it real just isn't gonna cut it. Of course, there have been other instances – such as Ashlee Simpson's 2004 Saturday Night Live debacle – where faking it crossed the line.

Surely there wouldn't be the same controversy about Beyoncé had she been hoofing across the stage performing "Single Ladies (Put a Ring on It)" on one of her tour stops. But this was the presidential inauguration, the national anthem, and there was no choreography involved.

Some things have to remain sacred, and for "the land of the free and the home of the brave," this was one of them.

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Flu season fuels debate over paid sick time laws

NEW YORK (AP) — Sniffling, groggy and afraid she had caught the flu, Diana Zavala dragged herself in to work anyway for a day she felt she couldn't afford to miss.

A school speech therapist who works as an independent contractor, she doesn't have paid sick days. So the mother of two reported to work and hoped for the best — and was aching, shivering and coughing by the end of the day. She stayed home the next day, then loaded up on medicine and returned to work.

"It's a balancing act" between physical health and financial well-being, she said.

An unusually early and vigorous flu season is drawing attention to a cause that has scored victories but also hit roadblocks in recent years: mandatory paid sick leave for a third of civilian workers — more than 40 million people — who don't have it.

Supporters and opponents are particularly watching New York City, where lawmakers are weighing a sick leave proposal amid a competitive mayoral race.

Pointing to a flu outbreak that the governor has called a public health emergency, dozens of doctors, nurses, lawmakers and activists — some in surgical masks — rallied Friday on the City Hall steps to call for passage of the measure, which has awaited a City Council vote for nearly three years. Two likely mayoral contenders have also pressed the point.

The flu spike is making people more aware of the argument for sick pay, said Ellen Bravo, executive director of Family Values at Work, which promotes paid sick time initiatives around the country. "There's people who say, 'OK, I get it — you don't want your server coughing on your food,'" she said.

Advocates have cast paid sick time as both a workforce issue akin to parental leave and "living wage" laws, and a public health priority.

But to some business owners, paid sick leave is an impractical and unfair burden for small operations. Critics also say the timing is bad, given the choppy economy and the hardships inflicted by Superstorm Sandy.

Michael Sinensky, an owner of seven bars and restaurants around the city, was against the sick time proposal before Sandy. And after the storm shut down four of his restaurants for days or weeks, costing hundreds of thousands of dollars that his insurers have yet to pay, "we're in survival mode."

"We're at the point, right now, where we cannot afford additional social initiatives," said Sinensky, whose roughly 500 employees switch shifts if they can't work, an arrangement that some restaurateurs say benefits workers because paid sick time wouldn't include tips.

Employees without sick days are more likely to go to work with a contagious illness, send an ill child to school or day care and use hospital emergency rooms for care, according to a 2010 survey by the University of Chicago's National Opinion Research Center. A 2011 study in the American Journal of Public Health estimated that a lack of sick time helped spread 5 million cases of flu-like illness during the 2009 swine flu outbreak.

To be sure, many employees entitled to sick time go to work ill anyway, out of dedication or at least a desire to project it. But the work-through-it ethic is shifting somewhat amid growing awareness about spreading sickness.

"Right now, where companies' incentives lie is butting right up against this concern over people coming into the workplace, infecting others and bringing productivity of a whole company down," said John A. Challenger, CEO of employer consulting firm Challenger, Gray & Christmas.

Paid sick day requirements are often popular in polls, but only four places have them: San Francisco, Seattle, Washington, D.C., and the state of Connecticut. The specific provisions vary.

Milwaukee voters approved a sick time requirement in 2008, but the state Legislature passed a law blocking it. Philadelphia's mayor vetoed a sick leave measure in 2011; lawmakers have since instituted a sick time requirement for businesses with city contracts. Voters rejected a paid sick day measure in Denver in 2011.

In New York, City Councilwoman Gale Brewer's proposal would require up to five paid sick days a year at businesses with at least five employees. It wouldn't include independent contractors, such as Zavala, who supports the idea nonetheless.

The idea boasts such supporters as feminist Gloria Steinem and "Sex and the City" actress Cynthia Nixon, as well as a majority of City Council members and a coalition of unions, women's groups and public health advocates. But it also faces influential opponents, including business groups, Mayor Michael Bloomberg and City Council Speaker Christine Quinn, who has virtually complete control over what matters come to a vote.

Quinn, who is expected to run for mayor, said she considers paid sick leave a worthy goal but doesn't think it would be wise to implement it in a sluggish economy. Two of her likely opponents, Public Advocate Bill de Blasio and Comptroller John Liu, have reiterated calls for paid sick leave in light of the flu season.

While the debate plays out, Emilio Palaguachi is recovering from the flu and looking for a job. The father of four was abruptly fired without explanation earlier this month from his job at a deli after taking a day off to go to a doctor, he said. His former employer couldn't be reached by telephone.

"I needed work," Palaguachi said after Friday's City Hall rally, but "I needed to see the doctor because I'm sick."

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Associated Press writer Susan Haigh in Hartford, Conn., contributed to this report.

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Follow Jennifer Peltz at http://twitter.com/jennpeltz

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Asian shares inch higher on improving global confidence

TOKYO (Reuters) - Asian shares edged higher on Wednesday as investor appetite for riskier assets improved amid upbeat U.S. earnings and better German investor confidence.

The yen stabilized after firming as realization sank in that monetary easing announced on Tuesday by the Bank of Japan had fallen short of some market expectations, though many analysts acknowledged that the BOJ was showing determination to pull Japan out of years of deflation and economic stagnation.

Copper and gold were underpinned as the BOJ's move was seen supporting a global economic recovery while its 2 percent inflation target boosted bullion's appeal as a hedge against rising prices.

The MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> was up 0.1 percent, hovering near Tuesday's 17-1/2-month high, after recent positive data from the United States and China improved investor sentiment.

Australian shares <.axjo> rose 0.3 percent, touching a 20-month high for a second day in a row as top miner BHP Billiton gained after lifting iron ore production.

Japan's benchmark Nikkei average <.n225> fell 0.8 percent as the firmer yen weighed on exporters. The yen has weakened by around 12 percent since mid-November against the dollar, and boosted Nikkei by more than 20 percent as a weaker yen improved exporters' earnings outlook. <.t/>

"Some investors have been waiting for the timing to take profits, as they have chased the market higher," said Hiroichi Nishi, assistant general manager at SMBC Nikko Securities.

The BOJ on Tuesday doubled its inflation target to 2 percent and adopted an open-ended commitment to buy assets starting 2014, sparking an unwinding of yen short positions from speculators looking for more immediate easing step.

The dollar steadied around 88.70 yen while the euro eased 0.1 percent to 118.11 yen. The dollar hit a 2-1/2-year high of 90.25 yen on Monday.

Technically, many believe the yen will resume its recent downtrend, seeing the latest rebound in the Japanese currency as a correction to its rapid and sharp decline.

Tuesday's pullback on dollar/yen has once again held slightly above the 23.6 percent of the rally from 81.69 to 90.25 yen seen on Monday, which comes in at 88.25 yen, some analysts note. They say the dollar's inability to break below minimum retracement levels since the rally from a December 4 low around 81.70 highlights the strength of the dollar/yen's upward move.

With BOJ joining the continued push by global central banks to support growth, Morgan Stanley said in a research note that policy easing by central banks was positive for emerging markets with more bond portfolio inflows increasingly towards local markets.

"Our key themes for 2013 are rebalancing and reflation, with both prevalent so far this year. Even given a migration towards global equities and away from fixed income, emerging market fixed income remains well-placed," it said.

On Tuesday, hopes of an improvement in the global economy led the Standard & Poor's 500 Index <.spx> to a five-year high.

International Business Machines , the world's largest technology services company reported fourth-quarter earnings and revenue that beat estimates, while revenue from Google Inc's core Internet business outpaced many analysts' expectations for the same quarter. Apple Inc's earnings release was due later on Wednesday.

Investors were also cheered by easing worries over the U.S. budget crisis and the euro zone's debt financing.

Republican leaders in the House of Representatives said they aim to pass on Wednesday a nearly four-month extension of the U.S. debt limit to May 19.

German ZEW investor sentiment rose to its highest level in more than 2-1/2 years in January while Spain has raised around 14 percent of its 2013 funding target.

U.S. crude was down 0.1 percent to $96.62 a barrel and Brent also eased 0.1 percent to $112.34.

Spot gold was at $1,692.66 an ounce, near Tuesday's one-month high of $1,695.76, while London copper traded down 0.3 percent at $8,107 a metric ton but clinging near a one-week high of $$8,144.50 hit on Tuesday.

(Additional reporting by Reuters FX analyst Krishna Kumar in Sydney, Miranda Maxwell in Melbourne and Ayai Tomisawa in Tokyo; Editing by Shri Navaratnam)

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