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theglobalchinese
MINNESOTA: Bush proposes removing some wolf protections Grand Forks Herald
Farmers and ranchers in northwestern Minnesota would have broader leeway to shoot and trap nuisance wolves under a new proposal made Thursday by the Bush Administration. US Interior Secretary Gale Norton set in motion a federal plan to hand management of gray wolves in the western Great Lakes states back to tribal and state resource agencies. Norton proposed removing gray wolves from the endangered species list, saying they have recovered to the point that federal protection is no longer needed. The proposal covers Minnesota, Wisconsin and Michigan, where roughly 3,800 wolves live. It also would remove federal wolf protection in neighboring parts of the Dakotas, Iowa, Illinois, Indiana and Ohio, where rogue wolves might wander but where federal authorities say they are unlikely to establish populations. Under the federal proposal, state and tribal governments would take responsibility for ensuring that populations of gray wolves, also called timber wolves, remain healthy. All three states have drawn up wolf management plans that have won approval of the U.S. Fish and Wildlife Service. The new wildlife management plan drawn up in Minnesota is a good one, said Stuart Benson, a state conservation officer in the Erskine, Minn., area. "It will certainly free up our authority," said Benson. "Right now, our hands are tied." Benson said with the federal government in control of the wolf population, state officials cannot do any trapping of the animals. That is left only to the federal government. With management handed over to the states, state officials will control the wolves' protection and prevent them from attacking livestock and pets. Minnesota wolf management plans call for limited but more lethal wolf control measures - including public shooting and trapping of wolves - which is prohibited under federal law. In North Dakota, the proposal applies to the area east of the Missouri River and U.S. Highway 83. "Periodically, wolves are here," said Gary Rankin, game warden in Larimore, N.D. "Since we don't have a resident population, our management would consist of protecting them." Federal authorities believe they no longer need to guard wolf populations in the region. "Our proposal to delist the gray wolf indicates our confidence that those who will assume management of the species will safeguard its long-term survival," U.S. Interior Secretary Gale Norton said.

Wolf zones
The Fish and Wildlife Service also proposed removing the gray wolf from the endangered list in 2004, but a federal judge struck down the plan last year because it included other states where wolves weren't as well established. Minnesota lawmakers, anticipating federal action years ago, passed a state wolf management plan in 2000 that includes two wolf management zones. In the northeastern third of the state, wolves will retain most protections. In other areas, including northwest Minnesota, farmers and others will be allowed to shoot or trap wolves if they are a threat to livestock, pets or people. "In the wolf zone, the benefit of the doubt goes to the wolf. They are essentially protected," said Mike DonCarlos, wildlife program manager for the Minnesota DNR. "In the agricultural zone, the benefit of the doubt goes to the person. There's more leeway allowed on when wolves can be killed." Benson said he has not had many complaints about wolves in the Erskine area, largely because there is not much livestock in the area. When he was located in Roseau, Minn., however, he had many wolf-related complaints. "I had 60 percent of timber wolf complaints in the state in the 1980s," Benson said. Minnesota's plan does not allow for general hunting or trapping. There are no allowances for bounties, poisoning or destruction of wolf dens in any of the three state management plans. Still, attorneys for groups that challenged the federal wolf plan say a Great Lakes-only plan is not a done deal. While population numbers are stable, some groups still oppose the relatively broad shooting and trapping provisions in the state management plans.

Success story
The recovery of wolves is seen as a great success for the federal Endangered Species Act, and supporters of the act say it's important to show that, once recovered, animals on the endangered species list can be removed from the list. Gray wolves were extinct in all of the lower 48 states in the 1970s except for Superior National Forest in northeastern Minnesota. The federal government stepped in to protect wolves in the mid-1970s. Since then, wolf numbers have grown exponentially in Minnesota, Wisconsin, Michigan's Upper Peninsula and eventually in the northern Rockies. Wolves also have recovered near Yellowstone National Park, where they were reintroduced in the 1990s. U.S. Fish and Wildlife will conduct public hearings before making a final decision to delist the wolves. The process could take up to a year.
Wolves to be delisted Minnesota Public Radio
Great Lakes gray wolves no longer endangered -US Reuters
Minneapolis Star Tribune (subscription) - Xinhua - Duluth News Tribune - Pioneer Press - all 116 related »
theglobalchinese
Scientists find clues about how the universe got so big Detroit Free Press
Physicists announced Thursday that they now have what they believe to be the smoking gun that shows the universe went through extremely rapid expansion in the moments after a big bang, growing from the size of a marble to a volume larger than all of observable space in less than a trillion-trillionth of a second. The discovery is the first direct evidence to support the two-decade-old theory that the universe went through inflation. It also helps explain how matter clumped together into planets, stars and galaxies. "It's giving us our first clues about how inflation took place," said Michael Turner, assistant director for mathematics and physical sciences at the National Science Foundation. "This is absolutely amazing." Researchers found the evidence by looking at a faint glow that permeates the universe. That glow is believed to have been produced when the universe was 300,000 years old. Just as a fossil tells a paleontologist about long-extinct life, the pattern of light in that faint glow offers clues about what came before it. Of specific interest to physicists are subtle brightness variations that produce a lumpy appearance. Physicists presented new measurements of those variations Thursday at Princeton University. The measurements were made by the Wilkinson Microwave Anistropy Probe launched by NASA in 2001. Previously, the probe measured variations in the glow that are so huge that they stretch across the entire sky. Those observations are strong indicators of inflation, but are no smoking gun, said Turner, who was not involved in the research. The new analysis looked at smaller patches of sky. Without inflation, the brightness variations over small patches would be the same as those over larger areas. But researchers found considerable differences. "The data favors inflation," said Charles Bennett, a Johns Hopkins University physicist who announced the discovery. Two Princeton colleagues, Lyman Page and David Spergel, contributed to the research. Bennett added: "It amazes me that we can say anything at all about what transpired in the first trillionth of a second of the universe."
NASA images offer details about design of the universe Globe and Mail
Probe looks back to less than a second after Big Bang Boston Globe
Toronto Star - Xinhua - CNN International - New York Times - all 191 related »
theglobalchinese
Arkansas Unfazed by Woodpecker Article ABC News
Arkansas Not Fazed by Article Disputing Existence of Ivory-Billed Woodpecker. Those who live and work in the region where an ivory-billed woodpecker was reportedly spotted are used to people doubting the bird's discovery they've heard it before. But despite an article in Friday's issue of the journal Science that suggests the bird does not live in the eastern swamps of Arkansas, locals in the 4,000-resident town of Brinkley don't believe birders will take flight. "We've been hearing people say they don't believe it's here since the beginning," said Sandra Kemmer, executive director of the Chamber of Commerce in Brinkley, located about halfway between Little Rock and Memphis, Tenn. "I'm actually glad because it keeps it in the eye of the public." In the journal, one set of researchers argues that a bird videotaped in 2004 by David Luneau of the University of Arkansas at Little Rock was probably a common pileated woodpecker. Gov. Mike Huckabee said the article illustrates the authors' poor bird-watching ability more than it proves that the ivory-billed woodpecker doesn't live in Arkansas. "Some of the world's leading ornithologists have verified through sight and sound the existence of the ivory-billed woodpecker," Huckabee said. "The fact that these skeptics can't find it says more about their bird-hunting ability than the accuracy of the experts' opinions." Another group of researchers agrees with Huckabee, stoutly defending the woodpecker's identification as an ivory-bill. The distinction is important because the ivory-billed woodpecker had been thought extinct. If one is still alive, there probably are more. A research team headed by David A. Sibley of Concord, Mass., said the quality of the video is not good enough to clearly see the white stripes on the bird's back that would mark it as ivory-billed. Also, the large amounts of white seen while the bird is flying can be accounted for by the underside of the wings of a pileated woodpecker, the researchers wrote. Luneau, who was part of the other group that defends the identification as an ivory-bill, said its researchers have taken video of pileated woodpeckers for two years to compare the birds.
Celebrity Woodpecker Still Extinct, Skeptics Say National Geographic
Top Birder Challenges Reports of Long-Lost Woodpecker New York Times
Seattle Post Intelligencer - LiveScience.com - BBC News - Telegraph.co.uk - all 80 related »
theglobalchinese
Microsoft takes on US eBay counterfeit traders PC Pro
Microsoft is ramping up its campaign against counterfeiting, filing eight suits in the US against eBay traders selling dodgy software. Microsoft fingered seven of the defendants through customers using its Windows Genuine Advantage tool, which determines whether Microsoft software is genuine and allows them to submit reports of where they bought the software if it proves counterfeit. Other evidence came from complaints made to the company's anti-piracy hotline. 'Microsoft is seeking various relief in the complaints announced on March 15, 2005. First, we are seeking a court order that prohibits the defendants from engaging in infringing conduct. In addition, we are seeking damages caused by the unlawful conduct alleged in the complaint,' said Matt Lundy, Microsoft Anti-Piracy Attorney. The suits were filed in Arizona, Connecticut, Florida, Hawaii, Massachusetts, Nebraska, New York and Washington. 'We are committed to leveling the playing field for our partners,' said John Ball, general manager for the US System Builders Partner Group at Microsoft, which works with businesses that manufacture computers. 'The lawsuits announced today allege these sellers have willfully violated the law. We hope these legal actions send a strong message to people thinking of selling counterfeit software on online auction sites that it is not worth the risk.' The world's biggest software company is treading carefully around the online auction giant, maintaining that it remains a great place to get a deal, but also warning that 'cheap, pirated and counterfeit software abounds in the online marketplace'. Furthermore, users of counterfeit software run the risk of unwittingly introducing viruses, malicious code or spyware into their computers. Microsoft filed 10 suits against defendants in the US last December. Many of these arose from abuse of the Microsoft Action Pack Subscriptions (MAPS) programme, which gives retailers access to Microsoft's products in order to test them internally. However, it transpired that these products were being sold on to consumers through online auction sites such as eBay. The company has also been active in the UK, with a team closely monitoring counterfeit activity on online auction sites. Between August and October of last year some 21,000 auctions were removed.
Microsoft Sues to Prevent Bootlegging on eBay PC World
Microsoft Drags 8 Sellers to Court Techtree.com
MarketWatch - InformationWeek - VNUNet.com - Forbes - all 59 related »
theglobalchinese
Google, U.S. to face off in federal court Mercury News
It's showdown time for Google and the Bush administration. In a widely anticipated hearing in San Jose federal court, lawyers for the Mountain View-based search engine and the government will square off Tuesday over whether Google should be forced to turn over a vast array of data, including 1 million Web addresses. The case is viewed by many experts as a test of how vulnerable the voracious search habits of the nation's Web users might be to the prying eyes of government. Attorney General Alberto Gonzales triggered the clash in January, when Justice Department lawyers went to court to force Google to comply with a subpoena that asks the company to release a treasure trove of Web addresses and at least one week's worth of random search queries. The government is seeking the information to buttress its defense of the Child Online Protection Act, a federal law designed to keep children from sexually explicit content on the Internet. Google, backed by privacy advocates, is resisting the subpoena on a variety of grounds, including the argument that it threatens the privacy rights of Web users and exposes the company's trade secrets to public release. The company also insists the information is irrelevant to the government's fight to revive the federal child protection law, which was put on hold by the U.S. Supreme Court two years ago. U.S. District Judge James Ware's courtroom is expected to be jammed for this heavyweight legal bout between the world's largest search engine and the federal government. Despite the fact that the case has raised concerns about government intrusion into Web habits, legal experts say Ware may steer clear of that issue and decide the case on much narrower grounds, such as whether the government can justify its subpoena. Nevertheless, the case is considered a crucial barometer of how much control a search engine has over its vault of Web traffic and whether the Internet habits of its users are insulated by a 20-year-old electronic privacy law. Orin Kerr, a law professor at George Washington University, said that if the government gets the information, it's conceivable Congress may eventually step in with legislation that would prevent the broad release of data collected on Internet searches. "The subpoena was a wake-up call to everybody that search engines have these logs and can produce them,'' added Kevin Bankston, a lawyer with the Electronic Frontier Foundation, which opposes the release of the data. "By storing all this data in perpetuity, they are creating a honey pot, not only for the government but for civil litigants'' who seek it for a host of reasons, from divorce fights to feuds between rival companies. Justice Department lawyers declined comment on the case, but in court papers argue that Google and its supporters have overstated the risks of releasing the information. Government lawyers stress that the data they seek would not identify individual users. The government has asked Google -- and other search engines such as Yahoo, Microsoft and America Online -- to provide data that can be used to study the prevalence of pornography on the Web and the effectiveness of filtering software to keep it from children. The Supreme Court, in striking down the law, suggested that the government may be able to resurrect it if it can prove there is no alternative solution to effectively keeping adult content away from minors. As a result, the Bush administration is trying to pull together a study, using the Web data, to assess how often random searches turn up adult content and how that can be controlled. Government lawyers went to great lengths in a recent brief to stress that the request poses no threat to the privacy of Google users, noting that the other major search engines have complied with similar subpoenas. The government relies heavily on Philip Stark, a statistician at the University of California-Berkeley who is helping assemble the data. Stark declined comment. But in a recent declaration, he rejected Google's assertion that the data can be used to track the habits of individuals. "Google queries are disclosed routinely to third parties when a user clicks any link in Google search results,'' Stark wrote. ``The government seeks less information about queries than Google publishes in Google Zeitgeist,'' a list of Google's most popular searches. Google has argued that the government's request is in fact a direct threat to its relationship with users, who depend on assurances their Web browsing is a private matter. In court papers, the company balks at the government's argument that the data is needed for a study, saying it will tell the government ``absolutely nothing'' about the effectiveness of the online protection law. Whatever Ware decides, privacy experts say the government demand has raised awareness, in part because of increasing concerns about the extent of government surveillance programs. "This case comes at a time when people are starting to recognize that the information they put into their computers creates a record,'' said Lauren Gelman, associate director of Stanford University's Center for Internet and Society. "In the bigger picture, as people input more information into computers, they are losing control over that. We're leaving a digital footprint with all sorts of information about ourselves.''
By Howard Mintz
Snuffysmith
WMAP Detects Universe's Oldest Light
http://www.spacedaily.com/reports/WMAP_Det...dest_Light.html

New State Of Matter Observed As Predicted In 1970
http://www.spacedaily.com/reports/New_Stat...ed_In_1970.html

Scientist Posits Non-Water Source For Some Martian Gullies
http://www.spacedaily.com/reports/Scientis...an_Gullies.html

Scientists Trying To Identify 'Weird' Saturn Ring Spokes
http://www.spacedaily.com/reports/Scientis...ing_Spokes.html
Snuffysmith
Moonquakes
http://www.spacedaily.com/reports/Moonquakes.html

- Students Race To The Future In NASA's Great Moonbuggy Race
http://www.spacedaily.com/reports/Students...buggy_Race.html

- Celestial Sleuths Unravel Munch's "Missing Moon" Mystery
http://www.spacedaily.com/reports/Celestia...on_Mystery.html
Snuffysmith
- NASA And New York City Museum Bring Universe Down To Earth
http://www.spacedaily.com/reports/NASA_And...n_To_Earth.html

- Spitzer Sees 'Smoke' From Galaxy 'Fire'
http://www.spacedaily.com/reports/Spitzer_...alaxy_Fire.html
Snuffysmith
- QDR Allows Options, Capabilities Against Asymmetric Threat
http://www.spacewar.com/reports/QDR_Allows...ric_Threat.html

- Nano World: Fuel-Driven Nano-Based Muscles
http://www.spacewar.com/reports/Nano_World...ed_Muscles.html
Snuffysmith
- Strong Storms Linked With Rising Sea Surface Temperatures
http://www.terradaily.com/reports/Strong_S...mperatures.html

- Emerging Disease Risks Prompt Scientists To Call
http://www.terradaily.com/reports/Emerging...ts_To_Call.html

- Journal Of Industrial Ecology Focuses On Eco-Efficiency
http://www.terradaily.com/reports/Journal_...Efficiency.html

- US, Russia Press For Global Nuclear Energy Network
http://www.terradaily.com/reports/US_Russi...gy_Network.html
Snuffysmith
March 16, 2006
California Gang Members to Be Tracked by GPS
By REUTERS
Filed at 6:31 p.m. ET

LOS ANGELES (Reuters) - California prison officials have begun using Global Positioning System anklets to track known gang members.

The gritty suburb of San Bernardino, about 60 miles east of Los Angeles, this week became the first California city to use the GPS satellite navigation system to track gang members when the devices were strapped onto three parolees, state Department of Corrections spokeswoman Jeanne Woodford said.

Six California counties began using GPS to monitor sex offenders in 2005 and some have already been arrested for violating parole after they were tracked to off-limits areas.

``GPS tracking is just another tool in the bag; we will still use ground personnel to track gang members,'' said Sarah Ludeman, another spokeswoman for the corrections department.

Under an arrangement between prison officials and San Bernardino, high-risk parolees known to belong to street gangs will be released from custody on the condition that they wear a GPS bracelet on their ankles at all times.

They appear as moving dots on a map and if they try to remove the anklet or enter unauthorized areas the device sends an alert to a base station monitored by law enforcement officials.

The University of California at Irvine will review the results of the pilot program for its effectiveness.



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theglobalchinese
Google Faces Potential Pressure From Impression Fraud Forbes
Bear Stearns maintained an "outperform" rating on Google and said the Internet search giant could see pressure on advertising click-thru rates from a variation of click fraud known as "impression fraud." Impression fraud, which has reportedly increased over the last few years, involves a competitor who repeatedly searches for certain terms which displays a company's advertisement but does not click on the ad. This is intended to lower the click-thru rate for the ad and drive down the cost of certain search words. "This will have a negative effect on sponsored search rankings in Google which uses a combination of the bid price and the click-thru rate to determine placement," wrote analyst Robert Peck. "Impression fraud does not currently affect Yahoo! which uses a pure auction format to determine sponsored placement. This will be important to monitor as we look at Google's click-thru rates going forward." Meanwhile, recent industry data released by comScore indicated that the click-thru rate on Google.com declined to 13% in January from 14% in the previous month, according to Bear Stearns. Yahoo's click-thru rate remained flat at 12%. "While this may appear negative for Google, we note that searches on Google.com increased 8% from December 2005 to January 2006 while Yahoo's increased 2% and at the same time sponsored clicks on Google.com was flat compared to a 1% decline for Yahoo," he said.
theglobalchinese
It's Madness: Net hit with record traffic Yahoo! NEWS
March Madness gripped the Internet on Thursday, with more than 1 million video streams carried in the first day of CBS' free on-demand out-of-market games. Thursday kicked off the NCAA men's basketball tournament, one of CBS' highest-profile sports packages and one that takes over much of the network for three weeks through early April. But the online portion was expected to gain lots of attention this year as well with the offering of out-of-market games via CBS SportsLine. Businesses, which often complain about the lost productivity because of the fine art of bracketology, had even more to be worried about this year with the free streaming via the Internet. Those fears seem to have come true with what CBS said was a record-breaking day for a sports event streamed live on the Internet. CBS served more than 268,000 simultaneous streams of first-round games Thursday, pushing its first-day total to more than 1.2 million by 6 p.m. EST. "The numbers and positive feedback we have seen from our users today are extremely encouraging," CBS Digital Media president Larry Kramer said. Meanwhile, the TV coverage was affected by a bomb scare at Cox Arena in San Diego, where several of the games are being held. The Marquette-Alabama game was delayed more than an hour, with the other games delayed as well. In other March Madness news, Time Warner Cable announced a deal with CBS and its subsidiary CSTV to offer condensed games on-demand during the tournament. The package includes 63 condensed games, at the price of 99 cents. It follows a similar deal with Apple iTunes for condensed games that was announced Thursday.
By Paul J. Gough
theglobalchinese
Microsoft Entering Major Product Cycle Forbes
RBC Capital Markets analyst Robert Breza initiated coverage on Microsoft with a rating of "outperform" saying that the company is on the cusp of "one of the largest multi-year product release cycles in history, extending through 2008." "While Microsoft continues to improve upon its dominant franchise in desktop applications and operating systems, it also enters new grounds providing further long-term growth," the research analyst said in a report Tuesday. Over the past two years, the company has invested heavily in core division products such as Windows, Office, SQL, Exchange and Windows Server "Longhorn," said the analyst. Microsoft has also invested in products in emerging divisions such as the MSN adCenter, Live.com portal, ERP and CRM application, Windows Mobile 5.0 and Xbox. "New products and technology synergies across all business segments create significant leverage that makes Microsoft a compelling investment and positions the company to deliver above-average growth in comparison to their software peers," said Breza. Over the next year and a half, Breza said he expects above-average growth in "major battlegrounds" such as Business Solutions, MSN, Mobile and Embedded and Home and Entertainment. Events in 2006 will initially take a backseat to Office 2007 and the Microsoft Vista client, two "very important products [that] serve as the base from which Microsoft will leverage and extend into the new and important high-growth areas," the research analyst said. Breza established a price target of $33 on Microsoft shares.
Snuffysmith
FBI Outlines $425 Million Computer Upgrade

By Dan Eggen

The FBI unveiled plans yesterday for a $425 million computerized case-management system, vowing to avoid the oversight and technology problems that doomed a previous $170 million effort and has left agents still working largely on paper.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle
Snuffysmith
http://www.washingtonpost.com/wp-dyn/conte...av=most_emailed

How to steal an election
Snuffysmith
March 17, 2006
2 More Women Die After Taking Abortion Pill
By GARDINER HARRIS
Two more women have died after taking RU-486, the abortion pill. Officials said that they did not know what caused the deaths. Four other women died from a rare and highly lethal bacterial infection after taking abortion pills.

Since reports of drug problems are voluntary, the number of women who have died after taking abortion pills may be higher than the reported total of six.

In a statement, the Food and Drug Administration said that the agency was "investigating all the circumstances associated with these cases."

The statement repeated warnings that women who undergo medical abortions should be vigilant for any signs of trouble. If they suffer from nausea, vomiting, or diarrhea and weakness with or without abdominal pain more than a day after taking abortion medicines, they should immediately be given antibiotics.

The four previous deaths were all caused by Clostridium sordellii infections. Such infections can be difficult to diagnose because victims often do not have fevers.

Such infections could possibly be prevented if patients were given antibiotics as a preventative. But antibiotic therapy has its own set of risks, and so far officials say the risk of infection from C. sordellii is so slight that it does not merit such a precaution.

"We do not know whether these new deaths were caused by sepsis or, if they were, if they were caused by infection with Clostridium sordellii," the statement said.

The government has already scheduled a scientific conference on May 11 at the Centers for Disease Control and Prevention to discuss C. sordellii and a related bacteria, Clostridium difficile, that has caused outbreaks of diarrhea and colitis in hospitals and nursing homes across the nation.

Both bacteria generally live in the soil and human intestinal tracts. Both thrive in environments with limited oxygen. When these bacteria infect the bloodstream, they can produce a toxin that causes something akin to toxic shock syndrome.

The Food and Drug Administration has already added strong warnings to the label of RU-486, or Mifeprex. But officials say they have no idea whether Mifeprex makes patients vulnerable to infection from C. sordellii.

Mifeprex has been used in more than 500,000 medical abortions in the United States since its approval in September 2000. The risks of death from infection after using the pill are similar to the risks after surgical abortions or childbirth, officials said.

The F.D.A. statement also emphasized that abortion providers should stick to the officially approved regimen when giving Mifeprex and an accompanying drug, misoprostol.

In the United States, most physicians instruct women to insert misoprostol vaginally instead of orally. The F.D.A. has not approved this regimen, but it is not unusual for doctors to use drugs differently from how they are officially approved. Studies indicate that this regimen is effective, requires a lower dose of misoprostol, and allows women to undergo the most emotional and painful part of the procedure at home.

What is unknown is whether this unapproved regimen may somehow contribute to bacterial infections.

Monty Patterson, whose 18-year-old daughter, Holly, died on Sept. 17, 2003, from a C. sordellii infection after getting a medical abortion, has long argued that Mifeprex predisposes women to such infections by suppressing their immune systems. He wants the drug withdrawn.

"How many women have to die needlessly before this drug is removed from the market?" Mr. Patterson said.



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Snuffysmith
March 17, 2006
French Draft Law Threatens iPod's Future
By THE ASSOCIATED PRESS
Filed at 3:05 p.m. ET

PARIS (AP) -- Apple Computer Inc. faces a serious challenge in France, where lawmakers have moved to sever the umbilical cord between its iPod player and iTunes online music store -- threatening its lucrative hold on both markets.

Amendments to an online copyright bill, adopted early Friday, would give rivals access to the hitherto-exclusive file formats at the heart of Apple's music business model as well as Sony Corp.'s Walkman players and Connect store.

Thanks to the massive success of the iPod models, which account for two out of every three music players sold worldwide, iTunes has also become the global leader in online music sales. The iPod is currently designed not to play music from other commercial music services.

According to the latest amendments, however, copy-protection technologies like Apple's exclusive FairPlay format and Sony's ATRAC3 ''must not result in the prevention of the effective application of interoperability.''

Companies would have to share all ''information essential to the interoperability'' of their copy-protection formats with any rival that requests it. If they refuse, a judge can order its delivery, on pain of fines.

The draft law could force Apple to let French iPod users buy their music from download sites other than iTunes. Owners of other music players would also be allowed to buy songs from iTunes France.

''Without guaranteed interoperability, we run a major risk of captive client bases and an anti-competitive situation, with the consumer held hostage as a result,'' read the explanatory note accompanying one of the key amendments, introduced by five lawmakers from the governing conservative Union for a Popular Movement.

Lawmakers voted to approve the amended text early Friday and will hold a further formal vote on Tuesday, before the bill is sent to the Senate for its final reading.

Although the draft law would affect Sony the same way, the phenomenal market penetration of the iPod and iTunes spells higher exposure for Apple, analysts say.

''The implication is most serious for Apple,'' said Roger Kay of U.S.-based research firm Endpoint Technologies Associates.

Apple spokesman Steve Dowling declined to respond to the draft law or to say whether it could force the company to withdraw the iPod or iTunes from the French market. Sony also refused to comment.

Although iTunes was initially driven by iPod sales, some analysts say the two offerings now reinforce each other. Apple's large online music catalog, the result of its superior bargaining power, also helps the iPod's appeal. Breaking their exclusive link removes both advantages.

Critics of the draft law say legislators have no business forcing Apple to share its proprietary format, which most customers are aware of when they choose to buy an iPod. But consumer groups argue that the only way to give customers real choice is to break open the restrictions.

''It's an essential condition for consumers and for the market itself,'' said Julien Dourgnon, a spokesman for UFC-Que Choisir, France's main consumer organization.

UFC has already filed a lawsuit in the French courts, attacking Apple's exclusive music format as a form of anticompetitive ''tied selling.''

''It's only by resisting interoperability that Apple is able to keep this dominant position,'' Dourgnon said. ''Once there's interoperability, it's over.''

If the draft law goes through in its current form, experts say, Apple could have three broad courses of action to choose from.

The company could look for technical solutions to comply with the new law in France while maintaining its format exclusivity elsewhere. Sales from iTunes sites are already restricted to local markets using credit card details. But preventing newly interoperable iPods from being used outside the ''walled garden'' would be much harder -- although shipping them with French-only software could help.

Alternatively, Apple could follow the example set by Microsoft Corp. in its standoff with EU antitrust authorities: drag its feet over compliance and wait to be sued. Court proceedings are long, damages relatively light and class actions impossible in France. Apple might calculate that its iPod and iTunes profits dwarf the penalties it could face.

Finally, Apple could be forced to withdraw from Europe's third-largest music download market -- or threaten to do so while seeking a change in the law.

''They may have to bluff initially by pulling product off the market and making everybody uncomfortable,'' Endpoint's Kay said.

But the French move could also be the start of something bigger, Kay added. ''Creating an open version of the iPod ecosystem is what everybody in the world except Apple would like.''

Long regarded as a niche player, Apple has so far gotten away with ''monopolistic and egregious'' practices for which Microsoft would have been criticized, he said.

''Apple is now becoming an important player in the digital entertainment domain,'' Kay said. ''And it may be there that ultimately they get challenged on antitrust issues by various governments, including the U.S.''



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billfmsd
This is one way to deal with Monopolies
theglobalchinese
Judge: Google must give feds limited access to records CNET News.com
In a move that alleviates some privacy concerns, a federal judge granted part of a Justice Department request for Google search data but said users' search queries were off-limits. The 21-page order (click here for PDF), issued Friday in San Jose, Calif., by U.S. District Judge James Ware, represented little change from his stance at a hearing earlier this week. Ware had indicated he would grant the U.S. Justice Department access to a portion of Google's index of Web sites but said he was hesitant to ask for users' search terms because of worries about the "perception by the public that this is subject to government scrutiny" when they type search terms into Google.com. Ware said in his Friday order that the government demonstrated a "substantial need" for Google's random URL sample, which it plans to run through filtering software to test the software's antipornography filtering prowess as the DOJ prepares to defend a child-protection law in court. But the DOJ did not meet that standard regarding search queries, Ware said. He noted that 50,000 URLs must be turned over, unless both parties agree to an alternative scenario on or before April 3. Neither Google nor Justice Department representatives could be reached immediately for comment Friday. The decision drew cautious praise from a privacy advocate. "It's a well-reasoned decision, and it does minimize privacy and civil liberties implications," said Beth Givens, director of the Privacy Rights Clearinghouse. Givens went on to say that she still doesn't think the government needs Google's data: "They can design a research study that would accomplish much the same. It's a bad precedent for the government to be strong-arming search engine companies for such sensitive data."

A 'scaled-down' request
The Bush administration's request is part of its campaign to defend the 1998 Child Online Protection Act, which faces a court challenge from the American Civil Liberties Union. That law restricts the posting on commercial Web sites of sexually explicit material deemed "harmful to minors," unless it's made unavailable to the youngsters. The ACLU argues that Web sites cannot realistically comply with such requirements and that the law violates the right to freedom of speech mandated by the First Amendment. A divided U.S. Supreme Court in 2004 stopped short of striking down COPA and instead decided that a full trial was needed to determine whether the law is constitutional. Those proceedings are scheduled to begin in Philadelphia in October. Federal prosecutors said in court filings that Google's compliance with the DOJ subpoena is necessary to prove this fall that the 1998 law is "more effective than filtering software in protecting minors from exposure to harmful materials on the Internet." The case against Google began Jan. 18, when the Justice Department asked Ware to order the company to comply with a subpoena issued last August. The subpoena called for a "random sampling" of 1 million Internet addresses accessible through Google's search engine and of 1 million search queries submitted to Google in a one-week period. During negotiations, the Justice Department narrowed its request to 50,000 URLs and said it would look at only 10,000. It also said it wanted 5,000 search queries and would look at 1,000. That significantly "scaled-down" request helped convince Ware that the request was reasonable, he wrote in Friday's order. He said the random URLs appeared to be "relevant" to the issues in the government's case, though he admitted the government had been vague about its purposes for studying the URL samples. "The court gives the government the benefit of the doubt," he wrote. On the other hand, Ware wrote, the government's request for search queries may have privacy implications, particularly if users were to search for personal information or engage in "vanity searches" of their own names. Ware was also concerned about the subpoena's potential for leaking Google's trade secrets. He said he worried that even a narrow sample of Google's index and query log could "act as the thin blade of the wedge in exposing Google to potential disclosure of its confidential information." "I don't think giving a random sampling of those is going to reveal a lot of their trade secrets," said attorney Andy Serwin, whose practice includes Internet privacy at the firm of Foley & Lardner in San Diego. But by granting the government much less data than the agency originally wanted, the ruling "is much more favorable toward protecting users' privacy," he said. Google had emphasized in its arguments that the government's request was overreaching. The company's lawyer, Al Gidari, stressed at this week's court appearance that there are alternative venues for the Justice Department's social science research, such as Alexa Internet, a site owned by Amazon.com that offers Web analytics services that can produce similar information. In the courtroom on Tuesday, Ware said he was concerned that if he granted the request, "a slew of trial attorneys and curious social scientists could follow suit." But in Friday's order, he said he did not see any "technical burden" that could serve as an excuse for not complying with the subpoena.

Privacy debate
Google had also built its defense on privacy concerns. Gidari said Tuesday that the Electronic Communications Privacy Act, or ECPA, sets strict rules for obtaining access to search terms, rules the government has not followed. Ware chose not to weigh in on ECPA matters in his order. The Justice Department has forcefully dismissed all privacy concerns, saying that any search data obtained from Google would not be shared with anyone else, including federal law enforcement officers who could potentially find the information useful for investigations. The government has also said it is not interested in getting information that could be used to identify individuals, but, rather, anonymous data about search patterns intended to help bolster its case against antipornography filters. Last year, Microsoft, Yahoo and AOL received subpoenas identical to the original DOJ request. Those companies chose to comply rather than fight the request in court. They have all emphasized that they turned over search terms and logs but not information that could be linked to individuals. The dispute has managed to raise eyebrows among privacy advocates and politicians alike. Rep. Ed Markey, a Massachusetts Democrat, used the subpoena as justification for a new bill that would curb records retained by Web sites, and Sen. Patrick Leahy, a Vermont Democrat, pressed Attorney General Alberto Gonzales for details. At the same time, Google's fight with the DOJ has caused some head-scratching because the search giant chose to cooperate with the Chinese government's demands to censor searches on its Google.cn site. It was unclear Friday whether Google planned to appeal the ruling. In any case, its fight may not be over yet. The ACLU had indicated its own plans to subpoena the company for information if the Justice Department prevailed in San Jose. ACLU representatives could not be reached for comment Friday.
Google ordered to give Web sites Reuters.uk
Partial victory for Google Aljazeera.net
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The Next Net 25 CNN Money
A new Web revolution is picking up steam, and the next Google or Microsoft could emerge from the companies that are in the vanguard.
By Erick Schonfeld, Om Malik, and Michael V. Copeland
Things are really crackling in Silicon Valley these days. There's the frenzied startup action, the rising rivers of VC cash, even the occasional bubble-icious long-term stock prediction (Google $2,000, anyone?).
QUOTE("25 companies")
SOCIAL MEDIA
  • Digg
  • Last.fm
  • Newsvine
  • Tagworld
  • YouTube
  • Incumbent to watch: Yahoo
MASHUP AND FILTERS
  • Bloglines
  • Eurekster
  • Simply Hired
  • Technorati
  • Trulia
  • Wink
  • Incumbent to watch: Google
THE NEW PHONE
  • Fonality
  • SIPphone
  • Iotum
  • Vivox
  • Incumbent to watch: Skype
THE WEBTOP
  • JotSpot
  • 30Boxes
  • 37Signals
  • Writely
  • Zimbra
  • Incumbent to watch: Microsoft
UNDER THE HOOD
  • Brightcove
  • Jigsaw
  • SimpleFeed
  • Salesforce
  • Six Apart
  • Incumbent to watch: Amazon

There's so much happening that the buzzword recently employed to try to encapsulate the era -- "Web 2.0" -- now seems hopelessly inadequate, defined and redefined into near meaninglessness by squadrons of aspiring entrepreneurs, marketers, and other fortune hunters. So it seems a particularly useful moment to wave away the smoke and home in on what's really core. Don't be distracted by the Valley's hype-o-meter pushing toward the red: There's something very real -- and very powerful -- afoot. Driven by ubiquitous broadband, cheap hardware, and open-source software, the Web is mutating into a radically different beast than it has been. And that is leading to the creation of entirely new kinds of companies, new business models, and oceans of new opportunity. We are in the early stages of what might be better thought of as the Next Net. The Next Net will encompass all digital devices, from PC to cell phone to television. Its defining characteristics include the ability to interact instantaneously with any of the more than 1 billion Web users across the globe -- not by, say, instant messaging, but by evolving instant-voice-messaging and instant-video-messaging apps that will make today's e-mail and IM seem crude. The Next Net is deeply collaborative: People from across the planet can work together on the same task, and products or tools can be rapidly tweaked and improved by the collective wisdom of the entire online world. The new era is also creating a realm of endless mix and match: Anyone with a browser can access vast stores of information, mash it up, and serve it in new ways, to a few people or a few hundred million. Most striking, the Next Net creates endless possibilities for entrepreneurs and established players alike to take advantage of the Web's new power. They are building on the success of early standard-bearers -- Flickr, MySpace, Wikipedia -- but also moving beyond those pioneers in creative and fascinating ways. In the pages that follow, we identify 25 companies, in five Next Net categories, whose approaches help illuminate where the Web is headed and where the opportunities lie. Most are startups, a lot of them with less than 10 full-time employees. Few are currently making money, and it's a given that many will fail. But it's equally likely that somewhere within this group lurks the next Google or Microsoft or Yahoo -- or at least something that those giants will soon pay a pretty penny to have.
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Kinderstart sues Google over lower page ranking Yahoo! NEWS
A parental advice Internet site has sued Google Inc., charging it unfairly deprived the company of customers by downgrading its search-result ranking without reason or warning. The civil lawsuit filed in U.S. District Court in San Jose, California, on Friday by KinderStart.com seeks financial damages along with information on how Google ranks Internet sites when users conduct a Web-based search. Google could not immediately be reached for comment but the company aggressively defends the secrecy of its patented search ranking system and asserts its right to adapt it to give customers what it determines to be the best results. KinderStart charges that Google without warning in March 2005 penalized the site in its search rankings, sparking a "cataclysmic" 70 percent fall in its audience -- and a resulting 80 percent decline in revenue. At its height, KinderStart counted 10 million page views per month, the lawsuit said. Web site page views are a basic way of measuring audience and are used to set advertising rates. "Google does not generally inform Web sites that they have been penalized nor does it explain in detail why the Web site was penalized," the lawsuit said. While an entire sub-industry exists to help Web sites feature prominently in Google results, the company is known to punish those who try to trick the system into boosting their search rankings. The lawsuit notes that rival search systems from Microsoft Corp.'s MSN and Yahoo Inc. (Nasdaq:YHOO - news) feature Kinderstart.com at the top of their rankings when the name "Kinderstart" is typed in. The complaint accuses Google, as the dominant provider of Web searches, of violating KinderStart's constitutional right to free speech by blocking search engine results showing Web site content and other communications. KinderStart contends that once a company has been penalized, it is difficult to contact Google to regain good standing and impossible to get a report on whether or why the search leader took such action. The suit was filed the same day a federal judge denied a U.S. government request that Google be ordered to hand over a sample of keywords customers use to search the Internet while requiring the company to produce some Web addresses indexed in its system.
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Alaska volcano's Web site becomes Internet hot spot Yahoo! NEWS
Want to peer into the steaming summit of an erupting volcano without risking death? Anyone with an Internet connection and a computer can do just that, thanks to about 30 cameras and other recording devices set up on Alaska's Augustine Volcano that are streaming information to a Web site hosted by the Alaska Volcano Observatory, a joint federal-state office. The site http://www.avo.alaska.edu/activity/Augustine.php has received over 253 million hits since the start of the year, becoming a popular destination for everyone from scientists to amateur volcano buffs who want to keep tabs on the restless 4,134-foot (1,260-meter) volcano. "The Web has really revolutionized information dissemination and consequently the level of interest and knowledge of the public," said Shan de Silva, a volcanologist and professor at the University of North Dakota. Augustine Volcano, on an uninhabited island about 175 miles southwest of Anchorage, roared to life on January 11 with an explosion that shot ash miles into the air. It sits under a major air travel route between Asia and North America. The volcano has remained active since then with a series of ash-producing explosions but has settled into a period of less-dramatic lava burbling, dome building and occasional small ash puffs. For scientists, Augustine provides a near-perfect combination of factors. It is close to population centers, but not so close that it poses any serious risks. Its flanks and summit are dotted with more monitoring instruments than perhaps any U.S. volcano except Mt. St. Helens in Washington and Mauna Loa in Hawaii. "It's a new way of monitoring volcanoes now, but this is going to be kind of the standard way of doing it," said Chris Waythomas, a U.S. Geological Survey geologist who works at the Alaska Volcano Observatory.

CHOCK FULL OF INFORMATION
The plethora of seismic information flowing out of the volcano provided scientists with plenty of warning about what was going to happen well before the initial January eruption. "It happened a little sooner than we thought, but we weren't surprised that it happened," said Waythomas. There are real-time photographic images, seismic graphs, data from thermal sensors, satellite images and photographs taken by scientists who fly over the peak at least a couple times a week and occasionally land on it -- all displayed on the observatory's Web page. The most popular features on the site are images from a Web camera perched on the volcano's east side and other photographs, said observatory officials. The only nagging problems have been periodic buildups of ice and snow on the camera's lens and bad weather that sometimes limits overflights. For scientists, the detailed images provide a bounty of information about this extended eruptive phase to help study the nature of the magma rising out of Augustine and the incremental changes to the volcano's summit dome. Among the site's fans are middle school students in Homer, a coastal town across the inlet from Augustine. Students know the volcano well from their western skyline, yet they have been glued to the computer, said Suzanne Haines, a Homer Middle School geography and history teacher who has incorporated Augustine information into her lessons. "It's such an amazing resource because the science is fairly easy to understand on the Web site," said Haines, noting that students are so interested due to the volcano's proximity. "It's not something that's far away."
By Yereth Rosen
theglobalchinese
Google wins partial keywords victory Yahoo! NEWS
A federal judge denied a U.S. government request that Google Inc. be ordered to hand over a sample of keywords customers use to search the Internet, but required on Friday that the company produce some Web addresses indexed in its system. In a 21-page ruling, Judge James Ware of the U.S. District for the Northern District of California said the privacy considerations of Google users led him to deny part of the Justice Department's request. "To the extent the motion seeks an order compelling Google to disclose search queries of its users the motion is denied," Ware wrote. U.S. Attorney General Alberto Gonzales had subpoenaed Google to turn over data the government wanted from the company as part of the Bush Administration's attempt to defend a federal law on child pornography on the Internet. "You have to disclose what your robots find, but you don't have to disclose what people search for," Andy Serwin, a privacy law expert, said of the automated software tools Google uses to catalog the Web. "The order does get the government what it probably needed, not what it wanted," said Serwin, a partner with Foley & Lardner and author of the "Internet Marketing Law Handbook." During a court hearing on Tuesday the government reduced the number of Google searches it wanted data on to just 50,000 Web addresses and roughly 5,000 search terms from the millions or potentially billions of addresses it had initially sought. "The court grants the government's motion to compel only as to the sample of 50,000 URLs (Uniform Resource Locators), from Google's search index," the judge ruled, referring to the searchable catalog of documents that form the core of Google's Web search service, the most widely used in the world. "What his ruling means is that neither the government nor anyone else has carte blanche when demanding data from Internet companies," Nicole Wong, Google's associate general counsel, said in a statement on the company's Web site. The full comment is at http://googleblog.blogspot.com/.

STAND ON PRIVACY
Ware ruled that the 50,000 Web addresses, or URLs, were a relevant request by the government, which wants the data for a statistical study it is doing to show the effectiveness of filtering software at issue in a separate case -- ACLU v. Gonzales -- that concerns a federal law on online child pornography. "The expectation of privacy by some Google users may not be reasonable, but may nonetheless have an appreciable impact on the way in which Google is perceived, and consequently the frequency with which users use Google," Ware wrote. "This concern, combined with the prevalence of Internet searches for sexually explicit material ... gives this court pause as to whether the search queries themselves may constitute potentially sensitive information," he said. In his decision, Judge Ware wrote of the "three vital interests" that needed to be weighed in the case: national interest, proprietary business information and privacy concerns. "This Court is particularly concerned any time enforcement of a subpoena imposes an economic burden on a non-party," he wrote in a filing made at the close of business of Friday. Professor T. Barton Carter, a professor of communication at Boston University's College of Communication, said that beyond privacy issues there remain further concerns. "It is still a little disturbing that essentially the government can compel information from a party that is not involved in a lawsuit," he said. "Given their initial request, obviously it is a victory for privacy to the extent that no information entered from the users is being offered," Carter said.
By Eric Auchard and Adam Tanner
theglobalchinese
Can America Keep Up? Yahoo! NEWS
The next time there's a moon shot, don't expect the United States to take the prize. Over the past century, Americans have become accustomed to winning every global battle that mattered: two world wars, the space race, the Cold War, the Internet gold rush. Along the way, Americans have enjoyed unprecedented prosperity and lived lives that were the envy of the rest of the world. It was nice while it lasted. Today, while unemployment remains low, home values continue to surge, and fearless American consumers keep spending beyond their means, the land of the free is slowly, but unmistakably, yielding advantages earned over decades to foreigners who work harder, expect less, and, often, are better educated. Taken piecemeal, these shifts are virtually imperceptible to most Americans. But business leaders, top academics, and other experts--especially those who travel abroad frequently--increasingly see America as a nation that has pulled into the slow lane, while upstarts in a hurry outhustle Americans in the race for technological, industrial, and entrepreneurial supremacy. "Every one of the early warning signals is trending downward," frets Intel Chairman Craig Barrett. "We're all fat, dumb, and happy, which is one reason why this is so insidious." In academics, America's mediocrity is a familiar story, one factor in President Bush's call, in this year's State of the Union address, for rigorous new training for 70,000 high school teachers. The reading literacy rate for 15-year-olds in the United States is barely above the average for western countries. American eighth graders rank ninth worldwide in science scores--and 15th in math, behind students in Estonia, Hungary, and Malaysia. And for years, U.S. students have been migrating away from hard sciences--which tend to be the source of cutting-edge new products and other innovations--toward business, law, and liberal arts degrees. "We had more sports-exercise majors graduate than electrical-engineering grads last year," lamented General Electric Chief Executive Jeffrey Immelt in a January speech. "If you want to be the massage capital of the world, you're well on your way." While the United States still boasts many of the world's premier universities, world-class schools are taking root in India, China, South Korea, and other nations--often under the tutelage of academics at top American institutions. Losing ground. Vaguely worrisome long-term trends are finally becoming today's problems. General Motors, America's biggest industrial company, is a poster child for America's waning influence, as it staggers toward possible bankruptcy. Japan's Toyota Motor Co., meanwhile, is likely to overtake GM as the world's largest carmaker as early as this year. The job toll at GM: 30,000 and counting. And while GM's woes may represent an "old economy" hangover, the same patterns are emerging in modern technological areas, too. Many of the leading breakthroughs in semiconductor development, telecommunications, nanotechnology, and Internet services--once dominated by U.S. companies--are steadily migrating overseas. American businesses are seeking legions of talented technical specialists abroad, partly because they're cheaper there but also because they're far more plentiful than in the United States. "What's happening now with cars is working its way up to higher technology," says David Calhoun, General Electric's vice chairman. "I hate to see a market as big and strong as the U.S. market growing weaker." In malls and car dealerships and suburban communities across America, it might not be obvious there's a problem. But Americans are often the last to know about fast-moving changes beyond their shores, and many other foreign innovations may surprise Yanks accustomed to the premise that we're No. 1. In Hong Kong, 60 percent of homes get television service through ultra-high-speed broadband connections, which transform TVs into computers and make "video on demand," sophisticated gaming, and other futuristic services possible. Nearly two dozen cities in China are installing radio-frequency tracking systems, the most sophisticated in use anywhere, for cargo that arrives in ports and air terminals. Throughout Europe and Asia, smart cards with embedded memory chips are replacing credit cards and even cash, simplifying shopping, reducing fraud, and putting an infrastructure in place for consumers to receive real-time traffic data and other useful info. And as most Americans who travel overseas recognize, the ubergizmo known, for now, as the cellphone typically works better and does more things in many other countries than do the phones in the United States. Connected. There's much more at stake than a few additional amusements for couch potatoes. New technologies tend to get developed in markets where there's infrastructure that supports them and consumers who demand them, which often spurs further innovation and the high-paying jobs that come with it. When Internet service provider EarthLink was looking for a partner to help launch a cutting-edge cellphone service in the United States, it didn't even consider Verizon or Cingular or any other U.S. company. Instead, it began scouting for a partner in South Korea, where the government has aggressively pushed broadband connectivity to every home, advanced cellular technology, and other innovations. "They're doing things we haven't even contemplated in the United States," says EarthLink founder Sky Dayton. Many Korean phones, for example, double as smart cards that can be waved in front of a vending machine to make a purchase. Some even get TV reception, via satellite. EarthLink ended up striking a deal with SK Telecom, Korea's largest cellular operator, to form Helio, which will start offering upscale cellular services aimed at tech-savvy Americans this spring. The fast advance of other nations, of course, can be good for companies and workers in the United States, especially as a massive new middle class with money to spend--some of it on stuff from America--emerges in places like India and China. Nor is the United States going to cede its status as an economic, political, and military superpower anytime soon. The U.S. economy is the world's largest by far, and gross domestic product per capita remains among the highest in the world. America spends almost as much on national security as all other nations combined, with a defense budget nearly 15 times as large as that of China--the one big nation that seems willing to play geopolitical chess with Washington. America's huge defense budget also funds lots of new technologies that eventually benefit American companies and consumers. And much is going right in America. Despite political hysteria over foreign companies like Dubai Ports World and Chinese oil giant CNOOC buying assets in the United States, overseas investment in U.S. properties like factories and buildings jumped 20 percent in 2005, to $129 billion. The Dow Jones industrial average is back over 11,000, and U.S. markets are attracting cash from all over the world. And many experts think rapid changes taking place in the global economy highlight U.S. strengths, rather than weaknesses. "What makes the United States great is the ability of people to adapt and migrate," says Dennis Nally, chairman of the consulting firm PricewaterhouseCoopers. "We need to be thinking about areas where we have tremendous strength, such as services, entertainment, and finance, and get ahead of the next curve." He also argues that the rapid spread of American companies into other countries opens new experiences to more Americans than ever: "There's a tremendous opportunity for U.S. employees to do a lot of things outside the U.S., in places with growth rates like you see in China or Brazil." But if American firms and their workers don't keep up with tenacious foreign competition, American prosperity won't keep up either. And a few shingles may already be falling off the American dream. The median net worth of an American family rose just 1.5 percent after inflation between 2001 and 2004, according to the Federal Reserve. That's a significant slowdown from growth rates in the 1990s--and it occurred while the economy was expanding, unemployment was low, and home values were soaring. More startling, average wages actually fell 3.6 percent after inflation, a reversal of rising incomes in the 1980s and 1990s. And while wealthier households got richer, those in the lower rungs got poorer--effectively weakening America's middle class. "You should be worried," Nicholas Donofrio, IBM's No. 2 executive, told a gathering of colleagues and clients earlier this month. "We have no right to the standard of living we have. It can disappear as fast as it came." America's changing status in the world is partly a historical correction. "We had an unusual share of global economic power after World War II, with China and Russia under Communist systems," says former
CIA Director Robert Gates, now president of Texas A&M University. Progressive governments in India and China have helped harness the talents of millions of well-educated, industrious workers, increasing their standard of living and spending power. And economic strength begets geopolitical and military strength. China is particularly emboldened, aggressively competing with the United States for everything from arms deals to oil and gas fields. "China could be a truly global superpower within a few decades," predicts Stapleton Roy, former U.S. ambassador to China. "Terrorism will turn out to be far less significant than China's burgeoning economic growth." To the victor... But for the foreseeable future, the battles will be over technology, jobs, and money. Telecommunications is emerging as a particular U.S. weakness, especially as phone, TV, and Internet services--still largely separate here in the States--merge into a single universe. "We had an absolutely dominant position in communications technology for a century," points out Dave McCurdy, president of the Electronic Industries Alliance. "Now we're losing our edge." The newest standard for cellphone services--"3G," which allows the high-speed Internet-like transmission of data and video to cellphones--is widely available in much of Europe and Asia and is likely to be the dominant standard in China by the time of the 2008 Summer Olympics in Beijing. But it won't become commonplace in the United States until about 2010. The head start could allow alliances of Asian nations like Japan, China, and South Korea to set some of the world's standards for telecom and Internet-based products. "The second Internet revolution won't be North American-centric," predicts the Gartner consulting firm. That means some of the richest spoils will go to companies like LG and Samsung in Korea, closest to the epicenter of change, just as U.S. businesses like IBM, Microsoft, and Intel benefited for decades from the predominance of U.S. products and standards around the world. Those dynamics have already been playing out in the market. Lucent Technologies--home of the storied Bell Labs--and the Canadian company Nortel, which together wired much of North America for phone service, are struggling to stay above water, with weak stock prices and few new jobs in the United States. Meanwhile, Chinese telecom firms that few Americans have ever heard of, like Huawei and ZTE, are gobbling up business in Asia and developing countries and eyeing the industrialized world--the same pattern that made upstarts like Samsung and Chinese appliance maker Haier successful. American firms are moving aggressively into fast-growing overseas markets, too. Half of IBM's 190,000 engineers and technical experts now reside overseas, for instance. And while Big Blue is still hiring modestly in the United States, it has 30,000 Indians on its payroll and plans to add thousands more. In fact, there appear to be few areas across the business landscape where American dominance is immune to plucky foreign competition. At General Electric, a similar pattern has emerged among several of its varied product lines: In lighting, appliances, power generators, and other products, the plunging price and improving quality of foreign-made goods have forced GE to move work overseas, where costs are lower. Now, the company goes abroad to take advantage of the multitudes of skilled workers, too, according to Vice Chairman Calhoun: "When we have to look for deep technical talent, not just 10 or 20 people--especially in high technology--the places you can go and know you can hire somebody every day are India and China." Calhoun and other American executives stress that they see the United States as a massive ship that is slowly losing its steam--not a distressed vessel rapidly taking on water. And many economic advantages still reside within America's shores: a razzle-dazzle financial system, ready capital for new businesses, world-class management expertise, and entrepreneurial free-thinkers, not to mention the world's biggest consumer market. "The creative empowerment is here," says Lakshmi Narayanan, CEO of the outsourcing firm Cognizant, which is co-located in India and the United States. "You start the chain. Pharmaceuticals, medical equipment, the iPod--you create all that." And many foreigners coming here to study remain mightily impressed. Jun Wang is founder and president of the Dalian Changhai Fengyi Aquatic Co., a seafood business in Dalian, China. He spent four weeks last summer on an exchange program at the State University of New York's Levin Institute, in New York City, learning how U.S. companies operate. "When we saw the financing, how the U.S. system supports its companies ... it's huge compared to what the Chinese can provide," he says. Still, not every impression was favorable: Jun found the New York subway system old and dirty. "The subway in Shanghai is much better," he boasts. In some ways, it is America's very success that holds the nation back now. Since the United States long had the world's best system of telephone land lines, there has been less urgency about creating a state-of-the-art cellular network, such as those in South Korea, Japan, and parts of China and eastern Europe, which are now leapfrogging U.S. capability. American retailers and banks have invested so much in credit-card equipment that the cost of switching to smart cards, packed with much more capability, is higher than in places that never enjoyed widespread credit. "Other countries, where there's less credit infrastructure, went straight to smart cards," says Paul Beverly, head of North, Central, and South America for the French smart-card company Axalto. "The U.S. has lagged behind significantly." The United States also used to be the first and last stop for the world's finest talent, in areas ranging from electronics to medicine to chemistry and physics. That alone helped generate cutting-edge start-ups like Intel and Google. But as fast-growing foreign companies have begun to conquer new markets, they have been luring away top managers and scientists looking for exciting new challenges. Gregory Lee, for instance, spent most of his 23-year career scaling the corporate ladder at white-shoe American firms like Procter & Gamble, Kellogg, and Johnson & Johnson. But when Samsung, which has carved out a leading position in memory chips, semiconductors, and consumer electronics, asked him to be its chief marketing officer in 2004, he turned down an appealing new post at J&J and packed his bags for Seoul. "There are not that many companies in the world that are large and growing and doing exciting things," he says. To accomplish those exciting things, he adds, Samsung has been aggressively recruiting hundreds of the world's most capable workers from graduate schools and other companies--many in the United States. And the Chinese government has been aggressively wooing home Chinese nationals working in science, technology, education, and other leadership positions abroad. Cheng Li, who runs the Asian Studies program at Hamilton College in Clinton, N.Y., estimates that in recent years China has persuaded more than 200,000 foreign-educated students living abroad--many in the United States--to return. More than 600,000 others are still abroad. "They constitute a potentially enormous source of talent and human capital for China," Li wrote in a recent paper. Lands of opportunity. Lots of other overseas companies are luring the best and brightest away from America, especially students who have come here to study. David Heenan, author of Flight Capital, estimates that several hundred foreign-born professionals leave the United States every day--"exactly the kinds of people we should be keeping our hooks into." Many are lured back home by exploding opportunity, high incomes, and generous government support for scientific research. Singapore, for instance, has set up a huge government-funded biote