Critics seek to delay NYC sugary drinks size limit


NEW YORK (AP) — Opponents are pressing to delay enforcement of the city's novel plan to crack down on supersized, sugary drinks, saying businesses shouldn't have to spend millions of dollars to comply until a court rules on whether the measure is legal.


With the rule set to take effect March 12, beverage industry, restaurant and other business groups have asked a judge to put it on hold at least until there's a ruling on their lawsuit seeking to block it altogether. The measure would bar many eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces.


"It would be a tremendous waste of expense, time, and effort for our members to incur all of the harm and costs associated with the ban if this court decides that the ban is illegal," Chong Sik Le, president of the New York Korean-American Grocers Association, said in court papers filed Friday.


City lawyers are fighting the lawsuit and oppose postponing the restriction, which the city Board of Health approved in September. They said Tuesday they expect to prevail.


"The obesity epidemic kills nearly 6,000 New Yorkers each year. We see no reason to delay the Board of Health's reasonable and legal actions to combat this major, growing problem," Mark Muschenheim, a city attorney, said in a statement.


Another city lawyer, Thomas Merrill, has said officials believe businesses have had enough time to get ready for the new rule. He has noted that the city doesn't plan to seek fines until June.


Mayor Michael Bloomberg and other city officials see the first-of-its-kind limit as a coup for public health. The city's obesity rate is rising, and studies have linked sugary drinks to weight gain, they note.


"This is the biggest step a city has taken to curb obesity," Bloomberg said when the measure passed.


Soda makers and other critics view the rule as an unwarranted intrusion into people's dietary choices and an unfair, uneven burden on business. The restriction won't apply at supermarkets and many convenience stores because the city doesn't regulate them.


While the dispute plays out in court, "the impacted businesses would like some more certainty on when and how they might need to adjust operations," American Beverage Industry spokesman Christopher Gindlesperger said Tuesday.


Those adjustments are expected to cost the association's members about $600,000 in labeling and other expenses for bottles, Vice President Mike Redman said in court papers. Reconfiguring "16-ounce" cups that are actually made slightly bigger, to leave room at the top, is expected to take cup manufacturers three months to a year and cost them anywhere from more than $100,000 to several millions of dollars, Foodservice Packaging Institute President Lynn Dyer said in court documents.


Movie theaters, meanwhile, are concerned because beverages account for more than 20 percent of their overall profits and about 98 percent of soda sales are in containers greater than 16 ounces, according to Robert Sunshine, executive director of the National Association of Theatre Owners of New York State.


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


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Lance Armstrong Under Criminal Investigation













Federal investigators are in the midst of an active criminal investigation of disgraced former Tour de France champion Lance Armstrong, ABC News has learned.


The revelation comes in stark contrast to statements made by the U.S. Attorney for Southern California, Andre Birotte, who addressed his own criminal inquiry of Armstrong for the first time publicly on Tuesday. Birotte's office spent nearly two years investigating Armstrong for crimes reportedly including drug distribution, fraud and conspiracy -- only to suddenly drop the case on the Friday before the Super Bowl last year.


Sources at the time said that agents had recommended an indictment and could not understand why the case was suddenly dropped.


Today, a high level source told ABC News, "Birotte does not speak for the federal government as a whole."


According to the source, who agreed to speak on the condition that his name and position were not used because of the sensitivity of the matter, "Agents are actively investigating Armstrong for obstruction, witness tampering and intimidation."


An email to an attorney for Armstrong was not immediately returned.


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Earlier Tuesday, during a Department of Justice news conference on another matter, Birotte was confronted with the Armstrong question unexpectedly. The following is a transcript of that exchange:


Q: Mr. Birotte, given the confession of Lance Armstrong to all the things --


Birotte: (Off mic.)


Q: -- to all thethings that you, in the end, decided you couldn't bring a case about, can you give us your thoughts on that case now and whether you might take another look at it?


Birotte: We made a decision on that case, I believe, a little over a year ago. Obviously we've been well-aware of the statements that have been made by Mr. Armstrong and other media reports. That has not changed my view at this time. Obviously, we'll consider, we'll continue to look at the situation, but that hasn't changed our view as I stand here today.


The source said that Birotte is not in the loop on the current criminal inquiry, which is being run out of another office.


Armstrong confessed to lying and using performance-enhancing drugs throughout his career in an interview with Oprah Winfrey.


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Investigators are not concerned with the drug use, but Armstrong's behavior in trying to maintain his secret by allegedly threatening and interfering with potential witnesses.


Armstrong is currently serving a lifetime ban in sport handed down by the U.S. Anti-Doping Agency. He has been given a Feb. 6 deadline to tell all under oath to investigators or lose his last chance at a possible break on the lifetime ban.


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Syrian opposition chief says offers Assad peaceful exit


BEIRUT (Reuters) - Syrian opposition leader Moaz Alkhatib urged Syrian President Bashar al-Assad's government on Monday to start talks for its departure from power and save the country from greater ruin after almost two years of bloodshed.


Seeking to step up pressure on Assad to respond to his offer of talks - which dismayed some in his own opposition coalition, Alkhatib said he would be ready to meet the president's deputy.


"I ask the regime to send Farouq al-Shara - if it accepts the idea - and we can sit with him," he said, referring to Syria's vice president who has implicitly distanced himself from Assad's crackdown on mass unrest that became an armed revolt.


Speaking after meeting senior Russian, U.S. and Iranian officials, Alkhatib said none of them had an answer to the 22-month-old crisis and Syrians must solve it themselves.


"The issue is now in the state's court...to accept negotiations for departure, with fewer losses," the Syrian National Coalition leader told Al Arabiya television.


The moderate Islamist preacher announced last week he was prepared to talk to Assad's representatives. Although he set several conditions, the move broke a taboo on opposition contacts with Damascus and angered many in its ranks who insist on Assad's departure as a precondition for negotiation.


Alkhatib said it was not "treachery" to seek dialogue to end a conflict in which more than 60,000 people have been killed, 700,000 have been driven from their country and millions more are homeless and hungry.


"The regime must take a clear stand (on dialogue) and we say we will extend our hand for the interest of people and to help the regime leave peacefully," he said in separate comments to Al Jazeera television.


Assad announced last month what he said were plans for reconciliation talks to end the violence but - in a speech described by U.N. Syria envoy Lakhdar Brahimi as narrow and uncompromising - he said there would be no dialogue with people he called traitors or "puppets made by the West".


Syria's defense minister said the army had proved it would not be defeated in its confrontation with rebels but declined to say whether it would respond to an Israeli air strike last week.


Security sources said the Israelis bombed a convoy of arms destined for Assad's ally Hezbollah, a sworn enemy of Israel, in neighboring Lebanon. Syria said the attack struck vehicles and buildings at a military research center near Lebanon's border.


Syria's uprising erupted in March 2011 with largely peaceful protests, escalating into a civil war pitting mainly Sunni Muslim rebels against Assad, who is from Syria's Alawite minority. His family has ruled Syria for 42 years.


ANGER AT IRAN


The violence has divided major powers, with Russia and China blocking U.N. Security Council draft resolutions backed by the United States, European Union and Sunni Muslim Gulf Arab states that could have led to U.N. sanctions isolating Assad. Shi'ite Iran has remained his strongest regional supporter.


Alkhatib met Iranian Foreign Minister Ali Akbar Salehi, Russian Foreign Minister Sergei Lavrov and U.S. Vice President Joe Biden at a security conference in Germany at the weekend.


"Iran's stance is unacceptable and I mentioned to the foreign minister that we are very angry with Iran's support for the regime," Alkhatib said.


He said he asked Salehi to pass on his offer of negotiations - based on the acceptance of the Assad government's departure - to Damascus. The two men also discussed the need to prevent Syria's crisis spreading into a regional conflict between Sunni and Shi'ite Muslims, he said.


"We will find a solution, there are many keys. If the regime wants to solve (the crisis), it can take part in it. If it wants to get out and get the people out of this crisis, we will all work together for the interest of the people and the departure of the regime."


One proposal under discussion was the formation of a transitional government, Alkhatib said, without specifying how he thought that could come about. World powers agreed a similar formula seven months ago but then disagreed over whether that could allow Assad to stay on as head of state.


Activists reported clashes between the army and rebel fighters to the east of Damascus on Monday and heavy shelling of rebel-held areas of the central city of Homs. The Jobar neighborhood, on the southwestern edge of Homs, was hit by more than 100 rockets on Monday morning, an opposition activist said.


The Syrian Observatory for Human Rights said at least 90 people were killed by dusk on Monday.


It said 180 people were killed across the country on Sunday, including 114 rebel fighters and soldiers. Sunday's death toll included 28 people killed in the bombardment of a building in the Ansari district of the northern city of Aleppo.


Assad has described the rebels as foreign-backed Islamist terrorists and said a precondition for any solution is that Turkey and Sunni-ruled Gulf Arab states stop funding, sheltering and arming his foes.


The majority of the insurgents are Islamists but those affiliated with al Qaeda are smaller in number, although their influence is growing. For that reason, Western states have been loath to arm the rebels despite their calls for Assad's ouster.


Rebels and activists say that Iran and the Lebanese Shi'ite militant movement Hezbollah have sent fighters to reinforce Assad's army - an accusation that both deny.


ECONOMIC SUPPORT


"The army of Syria is big enough, they do not need fighters from outside," Iran's Salehi said in Berlin on Monday.


"We are giving them economic support, we are sending gasoline, we are sending wheat. We are trying to send electricity to them through Iraq; we have not been successful."


Iranian President Mahmoud Ahmadinejad said later on Monday that Syria's crisis could not be solved by military means and he called for a national accord leading to elections.


"War is not the solution...A government that rules through war - its work will be very difficult. A sectarian war should not be launched in Syria," he told Al Mayadeen television.


"We believe that (deciding) whoever stays or goes is the right of the Syrian people. How can we interfere in that? We must strive to achieve national understanding, and free elections."


Another Iranian official, speaking in Damascus after talks with Assad, said Israel would regret an air strike against Syria last week, without spelling out whether Iran or its ally planned a military response.


Salehi, Russian Foreign Minister Sergei Lavrov and U.S. Vice President Joe Biden all met Alkhatib in Munich at the weekend and portrayed his willingness to talk with Syrian authorities as a major step towards resolving the war.


But Alkhatib is under pressure from other members of the exiled leadership in Cairo for saying he would be willing to talk to Assad. Walid al-Bunni, a member of the Coalition's 12-member politburo, dismissed Alkhatib's meeting with Salehi.


"It was unsuccessful. The Iranians are unprepared to do anything that could help the causes of the Syrian Revolution," Bunni, a former political prisoner, told Reuters from Budapest.


(Additional reporting by Yeganeh Torbati in Dubai and Stephen Brown in Berlin; Editing by Mark Heinrich)



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India's Kingfisher loses $142m in third quarter






MUMBAI: India's ailing Kingfisher Airlines, whose planes have been grounded since October, posted a net loss of 7.55 billion rupees (US$142 million) in the three months to December, the company said on Tuesday.

The private carrier, controlled by liquor baron Vijay Mallya, has never made a profit since it started operations in 2005 and owes millions of dollars to banks, airports, fuel suppliers and its staff.

It had reported a loss of 4.44 billion rupees in the same period the previous year.

Kingfisher lost permission to fly and its planes stand idle after a deadline to renew its suspended licence with the aviation regulator expired at the start of the new year.

"During the last quarter, Kingfisher did not have any operations," the airline said, adding that a revival plan has been placed with the aviation regulator for renewal of the flying permit and restart of operations.

Most of the carrier's 4,000-odd employees have not been paid since May 2012, which led to a strike by its pilots and engineers in October.

A section of the staff now plans to take Kingfisher to court to recover their overdue salaries, calling for the company to be wound-up.

Kingfisher was the worst-hit of India's airlines in 2012, with the industry plagued by high jet fuel prices, fierce competition, price wars and shabby airport infrastructure.

Mallya is desperate for investments to get the airline running again.

He has said Kingfisher was in talks with foreign investors -- including Abu Dhabi-based Etihad Airways -- for stake sale talks, after the government cleared investment by foreign airlines in the transport sector in September.

Etihad has since said it is considering investing in India's Jet Airways.

Aviation analysts have expressed doubts over whether any foreign airline would be interested in Bangalore-based Kingfisher given its debt load, which is estimated at $2.5 billion by the consultancy firm Centre for Aviation.

-AFP/fl



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Srinagar-Jammu highway closed following landslides, snowfall

SRINAGAR: Following fresh snowfall and landslides at some places, the Srinagar-Jammu highway remained closed for the second consecutive day Tuesday.

An official of the border roads organization (BRO), which maintains the over 300-km long highway, said fresh snowfall occurred during Monday night in the Bannihal sector, while landslides hit the road at Panthal, Seri and Kela Morh areas.

"One of our boys was injured during the road clearance operations in Panthal area yesterday (Monday)," the official said.

"The operation has started again. If the weather permits, stranded vehicles would be allowed to move from Jammu to Srinagar."

The highway is the only surface link of the landlocked Kashmir Valley with the rest of the country. All essentials of life are routed through this highway.

Temporary closures of the highway especially during the winter months often shoot up prices of essential commodities as unscrupulous traders resort to hoarding and profiteering.

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Bullying study: It does get better for gay teens


CHICAGO (AP) — It really does get better for gay and bisexual teens when it comes to being bullied, although young gay men have it worse than their lesbian peers, according to the first long-term scientific evidence on how the problem changes over time.


The seven-year study involved more than 4,000 teens in England who were questioned yearly through 2010, until they were 19 and 20 years old. At the start, just over half of the 187 gay, lesbian and bisexual teens said they had been bullied; by 2010 that dropped to 9 percent of gay and bisexual boys and 6 percent of lesbian and bisexual girls.


The researchers said the same results likely would be found in the United States.


In both countries, a "sea change" in cultural acceptance of gays and growing intolerance for bullying occurred during the study years, which partly explains the results, said study co-author Ian Rivers, a psychologist and professor of human development at Brunel University in London.


That includes a government mandate in England that schools work to prevent bullying, and changes in the United States permitting same-sex marriage in several states.


In 2010, syndicated columnist Dan Savage launched the "It Gets Better" video project to encourage bullied gay teens. It was prompted by widely publicized suicides of young gays, and includes videos from politicians and celebrities.


"Bullying tends to decline with age regardless of sexual orientation and gender," and the study confirms that, said co-author Joseph Robinson, a researcher and assistant professor of educational psychology at the University of Illinois in Urbana-Champaign. "In absolute terms, this would suggest that yes, it gets better."


The study appears online Monday in the journal Pediatrics.


Eliza Byard, executive director of the Gay, Lesbian & Straight Education Network, said the results mirror surveys by her anti-bullying advocacy group that show bullying is more common in U.S. middle schools than in high schools.


But the researchers said their results show the situation is more nuanced for young gay men.


In the first years of the study, gay boys and girls were almost twice as likely to be bullied as their straight peers. By the last year, bullying dropped overall and was at about the same level for lesbians and straight girls. But the difference between men got worse by ages 19 and 20, with gay young men almost four times more likely than their straight peers to be bullied.


The mixed results for young gay men may reflect the fact that masculine tendencies in girls and women are more culturally acceptable than femininity in boys and men, Robinson said.


Savage, who was not involved in the study, agreed.


"A lot of the disgust that people feel when you bring up homosexuality ... centers around gay male sexuality," Savage said. "There's more of a comfort level" around gay women, he said.


Kendall Johnson, 21, a junior theater major at the University of Illinois, said he was bullied for being gay in high school, mostly when he brought boyfriends to school dances or football games.


"One year at prom, I had a guy tell us that we were disgusting and he didn't want to see us dancing anymore," Johnson said. A football player and the president of the drama club intervened on his behalf, he recalled.


Johnson hasn't been bullied in college, but he said that's partly because he hangs out with the theater crowd and avoids the fraternity scene. Still, he agreed, that it generally gets better for gays as they mature.


"As you grow older, you become more accepting of yourself," Johnson said.


___


Online:


Pediatrics: http://www.pediatrics.org


It Gets Better: http://www.itgetsbetter.org


___


AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner


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Sarai Sierra's 2 Young Boys Don't Know Mom's Dead













The two young sons of slain New York mom Sarai Sierra are under the impression that their father has gone to Turkey to bring their mother home - alive.


Sierra, whose battered body was found near a highway in Istanbul over the weekend, was the mother of two boys aged 9 and 11.


Steven Sierra, who went to Istanbul in search of his wife after she disappeared nearly two weeks ago, told his children that he was going to Turkey to bring their mom home.


"The father will be speaking to them and it's something that's going to be hard and he's going to be talking to them when he comes back," Betsy Jimenez, the mother of Sarai Sierra, said today during a family news conference.


State Representative Michael Grimm said Steven Sierra's biggest concern is telling his children that mom's not coming home.


"It's going to be the hardest thing he's ever going to have to do in his life," said Grimm, who added that the Staten Island family isn't sure when Steven Sierra will be able to bring home his wife's body.


An autopsy was completed Sunday on Sarai Sierra, 33, but results aren't expected for three months. Turkish officials however said she was killed by at least one fatal blow to her head.


A casket holding the Staten Island mother was carried through alleyways lined with spice and food stalls to a church, where the casket remained on Monday.


Turkish police hope DNA samples from 21 people being questioned in the case will be key to finding the perpetrators, the Associated Press reported, according to state run media.








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Earlier this week, it was also reported that Turkish police are speaking to a local man who was supposed to meet Sierra the day she disappeared, but he said she never showed.


After an intense search for Sierra that lasted nearly two weeks, her body was found Saturday near the ruins of some ancient city walls and a highway. Sierra was wearing the same outfit she was seen wearing on surveillance footage taken at a food court and on a street the day she vanished, Istanbul Police Chief Huseyin Capkin said.


Sierra's body was taken to a morgue, Capkin said, and was identified by her husband.


It did not appear she had been raped or was involved in any espionage or trafficking, Capkin said.


Betsy Jimenez said Monday that her family has many unanswered questions such as what happened to her daughter after she left her hotel room to go and take photographs of a famous bridge.


"They're still investigating so they might think it might be a robbery, but they're not sure," said Jimenez.


Sierra, who had traveled to Istanbul on Jan. 7 to practice her photography hobby, was last heard from on Jan. 21, the day she was due to board a flight home to New York City.


Dennis Jimenez, Sierra's father, told reporters Monday that he didn't want her to go on the trip.


"I didn't want her to go. But, she wanted to go because this was an opportunity for her to sightsee and pursue her photography hobby because Turkey was a land rich with culture and ancient history and she was fascinated with that," said Jimenez.


While in Istanbul, Sierra would Skype with her family and friends daily, telling them about how amazing the culture was.


Sierra's best friend Maggie Rodriguez told ABC News that she was forced to pull out of the trip at the last minute because she couldn't afford it. That's why Sierra traveled alone.


Her husband, Steven Sierra, and brother, David Jimenez, traveled to Istanbul last Sunday to meet with American and Turkish officials and push the search forward.






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Iran hedges on nuclear talks with six powers or U.S.


MUNICH (Reuters) - Iran said on Sunday it was open to a U.S. offer of direct talks on its nuclear program and that six world powers had suggested a new round of nuclear negotiations this month, but without committing itself to either proposal.


Diplomatic efforts to resolve a dispute over Iran's nuclear program, which Tehran says is peaceful but the West suspects is intended to give Iran the capability to build a nuclear bomb, have been all but deadlocked for years, while Iran has continued to announce advances in the program.


Iranian Foreign Minister Ali Akbar Salehi said a suggestion on Saturday by U.S. Vice President Joe Biden that Washington was ready for direct talks with Iran if Tehran was serious about negotiations was a "step forward".


"We take these statements with positive consideration. I think this is a step forward but ... each time we have come and negotiated it was the other side unfortunately who did not heed ... its commitment," Salehi said at the Munich Security Conference where Biden made his overture a day earlier.


He also complained to Iran's English-language Press TV of "other contradictory signals", pointing to the rhetoric of "keeping all options on the table" used by U.S. officials to indicate they are willing to use force to keep Iran from obtaining a nuclear weapon.


"This does not go along with this gesture (of talks) so we will have to wait a little bit longer and see if they are really faithful this time," Salehi said.


Iran is under a tightening web of sanctions. Israel has also hinted it may strike if diplomacy and international sanctions fail to curb Iran's nuclear drive.


In Washington, Army General Martin Dempsey, the top U.S. military officer, said in an interview broadcast on Sunday that the United States has the capability to stop any Iranian effort to build nuclear weapons, but Iranian "intentions have to be influenced through other means."


Dempsey, chairman of the Joint Chiefs of Staff, made his comments on NBC's program "Meet the Press," speaking alongside outgoing Defense Secretary Leon Panetta.


Panetta said current U.S. intelligence indicated that Iranian leaders have not made a decision to proceed with the development of a nuclear weapon.


"But every indication is they want to continue to increase their nuclear capability," he said. "And that's a concern. And that's what we're asking them to stop doing."


The new U.S. secretary of state, John Kerry, has said he will give diplomacy every chance of solving the Iran standoff.


THE BEST CHANCE


With six-power talks making little progress, some experts say talks between Tehran and Washington could be the best chance, perhaps after Iran has elected a new president in June.


Negotiations between Iran and the six powers - Russia, China, the United States, Britain, France and Germany - have been deadlocked since a meeting last June.


EU officials have accused Iran of dragging its feet in weeks of haggling over the date and venue for new talks.


Salehi said he had "good news", having heard that the six powers would meet in Kazakhstan on February 25.


A spokesman for EU foreign policy chief Catherine Ashton, who coordinates the efforts of the six powers, confirmed that she had proposed talks in the week of February 25 but noted that Iran had not yet accepted.


Kazakhstan said it was ready to host the talks in either Astana or Almaty.


Salehi said Iran had "never pulled back" from the stuttering negotiations with the six powers. "We still are very hopeful. There are two packages, one package from Iran with five steps and the other package from the (six powers) with three steps."


Iran raised international concern last week by announcing plans to install and operate advanced uranium enrichment machines. The EU said the move, potentially shortening the path to weapons-grade material, could deepen doubts about the peaceful nature of Iran's nuclear program.


Prime Minister Benjamin Netanyahu said on Sunday that Israel's mission to stop its arch-enemy from acquiring nuclear weapons was "becoming more complex, since the Iranians are equipping themselves with cutting-edge centrifuges that shorten the time of (uranium) enrichment".


"We must not accept this process," said Netanyahu, who is trying to form a new government after winning an election last month. Israel is generally believed to be the only country in the Middle East with nuclear weapons.


(Additional reporting by Myra MacDonald and Stephen Brown in Munich, Dmitry Solovyov in Almaty, Yeganeh Torbati in Dubai and Jim Wolf in Washington; Editing by Kevin Liffey and Will Dunham)



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China paper rejects hacking allegations






BEIJING: The official mouthpiece of China's ruling Communist Party roundly rejected claims of hacking attacks from China of American media outlets, hinting instead at ulterior motives by the US.

The People's Daily article echoed vehement government rejections last week after The New York Times and Wall Street Journal linked Beijing to cyberattacks.

In a fresh development, The Washington Post disclosed Saturday that it had suffered an attack and suspects Chinese hackers were behind it.

"Even those with little understanding of the Internet know that hacking attacks are transnational and concealable," said the signed Chinese-language commentary, which could not be found on the paper's English website.

"IP addresses simply do not constitute sufficient evidence to confirm the origins of hackers," it added.

The People's Daily accused the United States of fanning "fear of China" out of self-interest, saying that it has invoked national security as a justification for trade protectionism and economic sanctions.

"America keeps labelling China as hackers, simply playing up the rhetoric of the 'China threat' in cyberspace, providing new justification for America's strategy of containing China," it said.

The article repeated the Beijing government's position that China is also a victim of hacking, saying that there were more attacks from US-based IP addresses on Chinese websites in December than from any other country.

Despite this, it said, "China did not draw simple inferences or hasty conclusions about the attack source".

There were attacks from 3,000 foreign IP addresses in the month, it added.

The New York Times reported last week that hackers stole corporate passwords and accessed the personal computers of 53 employees after the newspaper published a report on the family fortune of China's premier Wen Jiabao.

Some security analysts said the media attacks were probably linked to the Beijing authorities, while others argued it was difficult to ascertain whether the attacks stemmed from China or if hackers acted on government orders.

Hackers from China have previously been linked to attacks on US defence giant Lockheed Martin, Google and Coca-Cola. Other reports say Chinese hackers have tried to infiltrate the Pentagon's computers and those of US lawmakers.

-AFP/fl



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New rules aim to get rid of junk foods in schools


WASHINGTON (AP) — Most candy, high-calorie drinks and greasy meals could soon be on a food blacklist in the nation's schools.


For the first time, the government is proposing broad new standards to make sure all foods sold in schools are more healthful.


Under the new rules the Agriculture Department proposed Friday, foods like fatty chips, snack cakes, nachos and mozzarella sticks would be taken out of lunch lines and vending machines. In their place would be foods like baked chips, trail mix, diet sodas, lower-calorie sports drinks and low-fat hamburgers.


The rules, required under a child nutrition law passed by Congress in 2010, are part of the government's effort to combat childhood obesity. While many schools already have improved their lunch menus and vending machine choices, others still are selling high-fat, high-calorie foods.


Under the proposal, the Agriculture Department would set fat, calorie, sugar and sodium limits on almost all foods sold in schools. Current standards already regulate the nutritional content of school breakfasts and lunches that are subsidized by the federal government, but most lunchrooms also have "a la carte" lines that sell other foods. Food sold through vending machines and in other ways outside the lunchroom has never before been federally regulated.


"Parents and teachers work hard to instill healthy eating habits in our kids, and these efforts should be supported when kids walk through the schoolhouse door," Agriculture Secretary Tom Vilsack said.


Most snacks sold in school would have to have less than 200 calories. Elementary and middle schools could sell only water, low-fat milk or 100 percent fruit or vegetable juice. High schools could sell some sports drinks, diet sodas and iced teas, but the calories would be limited. Drinks would be limited to 12-ounce portions in middle schools and to 8-ounce portions in elementary schools.


The standards will cover vending machines, the "a la carte" lunch lines, snack bars and any other foods regularly sold around school. They would not apply to in-school fundraisers or bake sales, though states have the power to regulate them. The new guidelines also would not apply to after-school concessions at school games or theater events, goodies brought from home for classroom celebrations, or anything students bring for their own personal consumption.


The new rules are the latest in a long list of changes designed to make foods served in schools more healthful and accessible. Nutritional guidelines for the subsidized lunches were revised last year and put in place last fall. The 2010 child nutrition law also provided more money for schools to serve free and reduced-cost lunches and required more meals to be served to hungry kids.


Sen. Tom Harkin, D-Iowa, has been working for two decades to take junk foods out of schools. He calls the availability of unhealthful foods around campus a "loophole" that undermines the taxpayer money that helps pay for the healthier subsidized lunches.


"USDA's proposed nutrition standards are a critical step in closing that loophole and in ensuring that our schools are places that nurture not just the minds of American children but their bodies as well," Harkin said.


Last year's rules faced criticism from some conservatives, including some Republicans in Congress, who said the government shouldn't be telling kids what to eat. Mindful of that backlash, the Agriculture Department exempted in-school fundraisers from federal regulation and proposed different options for some parts of the rule, including the calorie limits for drinks in high schools, which would be limited to either 60 calories or 75 calories in a 12-ounce portion.


The department also has shown a willingness to work with schools to resolve complaints that some new requirements are hard to meet. Last year, for example, the government relaxed some limits on meats and grains in subsidized lunches after school nutritionists said they weren't working.


Schools, the food industry, interest groups and other critics or supporters of the new proposal will have 60 days to comment and suggest changes. A final rule could be in place as soon as the 2014 school year.


Margo Wootan, a nutrition lobbyist for the Center for Science in the Public Interest, said surveys by her organization show that most parents want changes in the lunchroom.


"Parents aren't going to have to worry that kids are using their lunch money to buy candy bars and a Gatorade instead of a healthy school lunch," she said.


The food industry has been onboard with many of the changes, and several companies worked with Congress on the child nutrition law two years ago. Major beverage companies have already agreed to take the most caloric sodas out of schools. But those same companies, including Coca-Cola and PepsiCo, also sell many of the non-soda options, like sports drinks, and have lobbied to keep them in vending machines.


A spokeswoman for the American Beverage Association, which represents the soda companies, says they already have greatly reduced the number of calories that kids are consuming at school by pulling out the high-calorie sodas.


___


Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick


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