News Inspiration

Concussion Liability Issues Could Stretch Beyond N.F.L.

Label: Health

Paul Kitagaki Jr./The Sacramento Bee, via Associated Press

Insurers could raise premiums with a higher risk of lawsuits for concussions, like the one 49ers quarterback Alex Smith sustained a month ago.

As the N.F.L. confronts a raft of lawsuits brought by thousands of former players who accuse the league of hiding information about the dangers of concussions, a less visible battle that may have a more widespread effect in the sport is unfolding between the league and 32 of its current and former insurers.

The dispute revolves around how much money, if any, the insurers are obliged to pay for the league’s mounting legal bills and the hundreds of millions of dollars in potential damages that might stem from the cases brought by the retired players.

Regardless of how it is resolved, the dispute could hurt teams, leagues and schools at all levels if insurers raise premiums to compensate for the increased risk of lawsuits from the families of people who play hockey, lacrosse and other contact sports.

The N.F.L., which generates about $9 billion a year, may be equipped to handle these legal challenges. But colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, like raising fees to offset higher premiums; capping potential damages; and requiring players to sign away their right to sue coaches and schools. Some schools and leagues may even shut down teams because the expense and legal risk are too high.

“Insurers will be tightening up their own coverage and make sports more expensive,” said Robert Boland, who teaches sports law at New York University. “It could make the sustainability of certain sports a real issue.”

The N.F.L. contends that the insurers, some of whom wrote policies in the 1960s, have a duty to defend the league, which has paid them millions of dollars in premiums. The question for the N.F.L. is not whether the insurers are required to help the league, but rather what percent of the league’s expenses each insurer is obliged to cover.

The 32 insurance companies have varying arguments against the league. Some wrote policies for a limited number of years and contend their obligations should also be limited. Others contend they wrote policies for the N.F.L.’s marketing arm — for licensing disputes, for example — not the league itself.

A few of the companies went bankrupt or merged with rivals. Some insurers wrote primary policies that covered up to the first $1 million of claims; the rest insured obligations in excess of that amount.

Creating a formula for how to apportion liability will in some cases depend on the broader case between the league and its players now in federal court in Pennsylvania. If the N.F.L. persuades the judge to dismiss the case, the league will be left trying to recoup its legal costs from the insurers. If the judge allows the players’ case to proceed, the definitions of when, how and whether a player’s concussions led to his illness will become critical in shaping the insurers’ exposure, and could take years to sort out.

“This is baby step 1 in the process for everyone figuring how deep in the soup they are,” said Christopher Fusco, a lawyer who has worked on similar insurance cases but is not involved in the N.F.L. litigation. “Baby step 2 will be to figure out the facts.”

Fusco and other lawyers said the facts would largely come from the underlying suit between the league and the more than 3,000 retired players, including determining when the players sustained the head trauma and their injuries. This will probably be a long process because many of the retired players in the underlying suit, some of whom are now having memory loss, played decades ago, when concussions were often undiagnosed or not recorded.

Many of the insurance companies named in the suits declined to comment, citing the continuing litigation. The N.F.L. also did not comment.

The two-tiered battle between the league and its former players and insurers echoes the litigation stemming from asbestos claims because both cases center on long-tail claims, or injuries that could take years to manifest themselves.

One of the critical points of contention in those cases was how to define an occurrence to determine an insurer’s liability. In the context of the N.F.L. case, the question will be whether a player’s injuries should be treated as a single claim or a series of claims based on the number of concussions he received or the number of seasons he played.

“This is an issue that gets to the crux of asbestos and environmental litigation,” said William M. Wilt, the president of Assured Research, an insurance advisory firm. “If an occurrence is defined as each player and each season he played, you could hit the policy limits multiple times.”

Concussion Liability Issues Could Stretch Beyond N.F.L.

Label: Lifestyle

Paul Kitagaki Jr./The Sacramento Bee, via Associated Press

Insurers could raise premiums with a higher risk of lawsuits for concussions, like the one 49ers quarterback Alex Smith sustained a month ago.

Many of the insurance companies named in the suits declined to comment, citing the continuing litigation. The N.F.L. also did not comment.

Mobile Apps for Children Fall Short on Disclosure to Parents, F.T.C. Report Says

Label: Technology

Several hundred of the most popular educational and gaming mobile apps for children fail to give parents basic explanations about what kinds of personal information the apps collect from children, who can see that data and what they use it for, a new federal report says.

The apps often transmit the phone number, precise location or unique serial code of a mobile device to app developers, advertising networks or other companies, according to the report by the Federal Trade Commission, released Monday. Regulators said such information could be used to find or contact children or track their activities across different apps without their parents’ knowledge or consent.

The agency reviewed 400 of the most popular children’s apps available on Google and Apple platforms, and reported that only 20 percent disclosed their data collection practices.

“The survey results described in this report paint a disappointing picture of the privacy protections provided by apps for children,” the report said.

Regulators said they were investigating whether the practices of certain apps violated a federal law requiring Web site operators to get parents’ permission before collecting or sharing names, phone numbers, addresses or other personal information obtained from children under 13.

The report comes as the agency is preparing to strengthen those protections by requiring site operators to obtain parental consent before collecting many other kinds of personal information from children.

But over the last few months, the agency’s efforts have met with pushback from Apple, Facebook, Google and Viacom as well as from technology associations and marketing industry groups, who say the agency’s proposed solution is so broad that it could inhibit companies from offering sites, apps and other services for children.

In its report, the agency did not disclose the names of apps it found problems with.

“We think this is a systematic problem,” said Jessica Rich, the associate director of the F.T.C.’s division of financial practices, adding that parents should not think “if they avoid certain apps, they are home free.”

Representatives of the app industry said they had already been working with app developers to make disclosures about data collection clearer and simpler for consumers. But “the F.T.C. report is a reminder that there is more work to do,” said Jon Potter, the president of the Application Developers Alliance, an industry group.

The agency’s researchers also reported that most apps failed to tell parents when they involved interactive features like advertising, social network sharing or allowing children to make purchases for virtual goods within the app.

For instance, researchers found that 58 percent of the children’s apps contained ads, even though just 15 percent disclosed this before download. Moreover, of the 24 apps that stated they did not contain in-app advertising, 10 did contain ads, the report said.

Children’s advocates said the report’s findings reinforced the need to strengthen online privacy protections for children. The agency has not substantially revised its regulations based on the federal Children’s Online Privacy Protection Act, or Coppa, since the law’s introduction more than a decade ago.

“This makes the case as to why we need major revisions,” said James Steyer, the chief executive of Common Sense Media, a nonprofit advocacy and education group in San Francisco that focuses on children and technology. “It shows that parents don’t have enough information to make good choices.”

The timing of the report suggests that the agency is trying to lay the groundwork for its push for broader children’s online privacy protections. In interviews, agency officials have said the protections needed to be modernized to keep pace with developments in mobile apps, voice recognition, facial recognition and comprehensive online data collection by marketers.

For example, regulators have proposed a longer list of data about children that would require parental consent for Web site operators to collect, including photos, voice recordings and unique mobile device serial numbers. Agency officials have also emphasized that they considered the precise location of a mobile device to be personal information whose collection required parental permission.

If the agency includes these changes in the final version of its updated regulations, apps would need to get parental consent for a number of data collection practices that are in widespread use.

For example, agency researchers reported that almost 60 percent of the children’s apps in the study transmitted a device’s ID number, most commonly to an advertising network or another third party. But only 20 percent of the apps disclosed information about these kinds of practices. Regulators said their concern was that marketers or other entities could use these unique device numbers to follow individual children across multiple apps over time, compiling detailed dossiers on their activities.

“The transmission of kids’ information to third parties that are invisible and unknown to parents raises concerns,” the report said.

Although state and federal regulators, along with industry groups, have been working to improve disclosures for consumers about how mobile apps collect and use their data, progress has been incremental.

Kamala D. Harris, the attorney general of California, signed an agreement this year with seven leading app platforms to make sure apps available through their stores displayed privacy policies. She also recently sent letters to 100 companies whose apps, she said, did not comply with a California law requiring them to post privacy policies.

Last week, Ms. Harris’s office sued Delta Air Lines for not warning users of its Fly Delta app that it collected personal information like a user’s full name, phone number, e-mail address, photographs and location.

App industry associations have also been working to improve transparency for consumers and parents. For instance, the Application Developers Alliance, in a joint project with the American Civil Liberties Union and other advocacy groups, has created prototype disclosure notices that apps could voluntarily display before consumers download them.

“I think the app industry continues to work with our members, companies and consumer groups to identify and eventually implement more effective ways of communicating with consumers,” said Mr. Potter, the president of the app developers’ group.

Ms. Rich of the Federal Trade Commission said she hoped the agency’s report would “light a fire” under such efforts. She added that the agency intended to conduct studies regularly on the children’s app market and publicly report its findings.

U.S. Designates Syrian Al Nusra Front as Terrorist Group

Label: World

Manu Brabo/Associated Press

Syrian Army defectors were detained by Syrian rebel fighters while their identities were investigated Monday in the village of Azaz, near the Turkish border.

WASHINGTON — The United States has formally designated the Al Nusra Front, the militant Syrian rebel group, as a foreign terrorist organization.

The move, which was expected, is aimed at building Western support for the rebellion against the government of President Bashar al-Assad by quelling fears that money and arms meant for the rebels would flow to a jihadi group.

The designation was disclosed on Monday in the Federal Register, just before an important diplomatic meeting Wednesday in Morocco on the political transition if Mr. Assad is driven from power. The notice in the register lists the Al Nusra front as one of the “aliases” of Al Qaeda in Iraq.

In practical terms, the designation makes it illegal for Americans to have financial dealings with the group. It is intended to prompt similar sanctions by other nations, and to address concerns about a group that could further destabilize Syria and harm Western interests.

France, Britain, Turkey and the Gulf Cooperation Council have formally recognized the Syrian opposition. European Union foreign ministers met Monday with the head of the Syrian opposition coalition, Ahmed Mouaz al-Khatib, in Brussels.

British Foreign Secretary William Hague said that he hoped the European Union would soon grant the group full recognition.

The Al Nusra Front comprises only a small minority of the Syrian rebels, but it includes some of the rebellion’s most battle-hardened and effective fighters.

“Extremist groups like Jabhat al-Nusra are a problem, an obstacle to finding the political solution that Syria’s going to need,” the American ambassador to Syria, Robert Ford, said last week in an appearance hosted by the Foundation for the Defense of Democracies, a nongovernmental group.

But a growing number of anti-government groups — including fighters in the loose-knit Free Syrian Army that the United States is trying to bolster — have signed petitions or posted statements online in recent days expressing support for the Nusra Front. In keeping with a tradition throughout the uprising of choosing themes for Friday protests, the biggest day for demonstrations because it coincides with Friday Prayer, many called for this Friday’s title to be “No to American intervention — we are all Jabhet al-Nusra.”

Many Syrian fighters consider the Nusra Front a key ally because of its fighters’ bravery and reliable supply of money and arms. It has never come under the banner of the Free Syrian Army, shunning the Western aid and input that other groups have sought, but it coordinates closely with many who do.

Adding to the complication is that some groups in the Free Syrian Army have similar ideologies, follow the strict Salafist interpretation of Islam, and count among them fighters who joined the insurgency in Iraq — though they are not known to share the Nusra Front’s direct organizational connections to Al Qaeda in Iraq.

The Nusra Front celebrated another apparent battlefield achievement on Monday, declaring it had captured part of a large base outside the commercial hub of Aleppo. Activist groups and video posted online said that it had fought alongside other Islamic battalions including the Mujahedeen Shura Council and the Muhajireen Group.

The Syrian Observatory for Human Rights, a British-based group that tracks events in Syria through a network of activists in the country, said that the rebels had taken control of the command center of the sprawling base and that many soldiers had fled. Videos showed gunmen taking possession of tanks and anti-aircraft weapons.

The decision to designate the group, the register noted, was made by Secretary of State Hillary Rodham Clinton on Nov. 20, in consultation with Attorney General Eric H. Holder Jr., and Treasury Secretary Timothy F. Geithner.

The State Department appeared to delay the publication of the decision to synchronize it with the expected announcement in Morocco that the United States will formally recognize the Syrian opposition. The United States closed its embassy in Damascus in February because of escalating violence in the capital.

Because Mrs. Clinton is not feeling well, she will not travel to North Africa and the Middle East this week as planned. Deputy Secretary of State William J. Burns will lead the United States delegation at the Morocco meeting, an aide to Mrs. Clinton said Monday.

Michael R. Gordon reported from Washington and Anne Barnard from Beirut, Lebanon.

You for Sale: Company Envisions ‘Vaults’ for Personal Data

Label: Business

Peter DaSilva for The New York Times

Michael Fertik, the founder and chief executive of Reputation.com, at its offices in Redwood City, Calif., where he has amassed a database of information collected on millions of consumers.

“YOU are walking around naked on the Internet and you need some clothes,” says Michael Fertik. “I am going to sell you some.”

Naked? Not exactly, but close.

Mr. Fertik, 34, is the chief executive of Reputation.com, a company that helps people manage their online reputations. From his perch here in Silicon Valley, he views the digital screens in our lives, the smartphones and the tablets, the desktops and the laptops, as windows of a house. People go about their lives on the inside, he says, while dozens of marketing and analytics companies watch through the windows, sizing them up like peeping Toms.

By now many Americans are learning that they are living in a surveillance economy. “Information resellers,” also known as “data brokers,” have collected hundreds to thousands of details — what we buy, our race or ethnicity, our finances and health concerns, our Web activities and social networks — on almost every American adult. Other companies that specialize in ranking consumers use computer algorithms to covertly score Internet users, identifying some as “high-value” consumers worthy of receiving pitches for premium credit cards and other offers, while dismissing others as a waste of time and marketing money. Yet another type of company, called an ad-trading platform, profiles Internet users and auctions off online access to them to marketers in a practice called “real-time bidding.”

As these practices have come to light, several members of Congress, and federal agencies, have opened investigations.

At least for now, however, these companies typically do not permit consumers to see the records or marketing scores that have been compiled about them. And that is perfectly legal.

Now, Mr. Fertik, the loquacious, lion-maned founder of Reputation.com, says he has the free-market solution. He calls it a “data vault,” or “a bank for other people’s data.”

Here at Reputation.com’s headquarters, a vast open-plan office decorated with industrial-looking metal struts and reclaimed wood — a discreet homage to the lab where Thomas Edison invented the light bulb — his company has amassed a database on millions of consumers. Mr. Fertik plans to use it to sell people on the idea of taking control of their own marketing profiles. To succeed, he will have to persuade people that they must take charge of their digital personas.

Pointing out the potential hazards posed by data brokers and the like is part of Mr. Fertik’s M.O. Covert online profiling and scoring, he says, may unfairly exclude certain Internet users from marketing offers that could affect their financial, educational or health opportunities — a practice Mr. Fertik calls “Weblining.” He plans to market Reputation.com’s data vault, scheduled to open for business early next year, as an antidote.

“A data privacy vault,” he says, “is a way to control yourself as a person.”

Reputation.com is at the forefront of a nascent industry called “personal identity management.” The company’s business model for its vault service involves collecting data about consumers’ marketing preferences and giving them the option to share the information on a limited basis with certain companies in exchange for coupons, say, or status upgrades. In turn, participating companies will get access both to potential customers who welcome their pitches and to details about the exact products and services those people are seeking. In theory, the data vault would earn money as a kind of authorization supervisor, managing the permissions that marketers would need to access information about Reputation.com’s clients.

To some, the idea seems a bit quixotic.

Reputation.com, with $67 million in venture capital, is not making a profit. Although the company’s “privacy” products, like removing clients’ personal information from list broker and marketing databases, are popular, its reputation management techniques can be controversial. For instance, it offers services meant to make negative commentary about individual or corporate clients less visible on the Web.

And there are other hurdles, like competition. A few companies, like Personal, have already introduced vault services. Also, a number of other enterprises have tried — and quickly failed — to sell consumers on data lockers.

Even so, Mr. Fertik contends Reputation.com has the answer. The company already has several hundred thousand paying customers, he says, and patents on software that can identify consumers’ information online and score their reputations. He intends to show clients their scores and advise them on how to improve them.

“You can’t just build a vault and wish that vendors cared enough about your data to pay for it,” Mr. Fertik says. “You have to build a business that gives you the lift to accumulate a data set and attract consumers, the science to create insights that are valuable to vendors, and the power to impose restrictions on the companies who consume your data.”

THE consumer data trade is large and largely unregulated.

Companies and organizations in the United States spend more than $2 billion a year on third-party data about individuals, according to a report last year on personal identity management from Forrester Research, a market research firm. They spend billions more on credit data, market research and customer data analytics, the report said.

A Breakthrough Against Leukemia Using Altered T-Cells

Label: Health

PHILIPSBURG, Pa. — Emma Whitehead has been bounding around the house lately, practicing somersaults and rugby-style tumbles that make her parents wince.

It is hard to believe, but last spring Emma, then 6, was near death from leukemia. She had relapsed twice after chemotherapy, and doctors had run out of options.

Desperate to save her, her parents sought an experimental treatment at the Children’s Hospital of Philadelphia, one that had never before been tried in a child, or in anyone with the type of leukemia Emma had. The experiment, in April, used a disabled form of the virus that causes AIDS to reprogram Emma’s immune system genetically to kill cancer cells.

The treatment very nearly killed her. But she emerged from it cancer-free, and about seven months later is still in complete remission. She is the first child and one of the first humans ever in whom new techniques have achieved a long-sought goal — giving a patient’s own immune system the lasting ability to fight cancer.

Emma had been ill with acute lymphoblastic leukemia since 2010, when she was 5, said her parents, Kari and Tom. She is their only child.

She is among just a dozen patients with advanced leukemia to have received the experimental treatment, which was developed at the University of Pennsylvania. Similar approaches are also being tried at other centers, including the National Cancer Institute and Memorial Sloan-Kettering Cancer Center in New York.

“Our goal is to have a cure, but we can’t say that word,” said Dr. Carl June, who leads the research team at the University of Pennsylvania. He hopes the new treatment will eventually replace bone-marrow transplantation, an even more arduous, risky and expensive procedure that is now the last hope when other treatments fail in leukemia and related diseases.

Three adults with chronic leukemia treated at the University of Pennsylvania have also had complete remissions, with no signs of disease; two of them have been well for more than two years, said Dr. David Porter. Four adults improved but did not have full remissions, and one was treated too recently to evaluate. A child improved and then relapsed. In two adults, the treatment did not work at all. The Pennsylvania researchers were presenting their results on Sunday and Monday in Atlanta at a meeting of the American Society of Hematology.

Despite the mixed results, cancer experts not involved with the research say it has tremendous promise, because even in this early phase of testing it has worked in seemingly hopeless cases. “I think this is a major breakthrough,” said Dr. Ivan Borrello, a cancer expert and associate professor of medicine at the Johns Hopkins University School of Medicine.

Dr. John Wagner, the director of pediatric blood and marrow transplantation at the University of Minnesota, called the Pennsylvania results “phenomenal” and said they were “what we’ve all been working and hoping for but not seeing to this extent.”

A major drug company, Novartis, is betting on the Pennsylvania team and has committed $20 million to building a research center on the university’s campus to bring the treatment to market.

Hervé Hoppenot, the president of Novartis Oncology, called the research “fantastic” and said it had the potential — if the early results held up — to revolutionize the treatment of leukemia and related blood cancers. Researchers say the same approach, reprogramming the patient’s immune system, may also eventually be used against tumors like breast and prostate cancer.

To perform the treatment, doctors remove millions of the patient’s T-cells — a type of white blood cell — and insert new genes that enable the T-cells to kill cancer cells. The technique employs a disabled form of H.I.V. because it is very good at carrying genetic material into T-cells. The new genes program the T-cells to attack B-cells, a normal part of the immune system that turn malignant in leukemia.

The altered T-cells — called chimeric antigen receptor cells — are then dripped back into the patient’s veins, and if all goes well they multiply and start destroying the cancer.

The T-cells home in on a protein called CD-19 that is found on the surface of most B-cells, whether they are healthy or malignant.

A sign that the treatment is working is that the patient becomes terribly ill, with raging fevers and chills — a reaction that oncologists call “shake and bake,” Dr. June said. Its medical name is cytokine-release syndrome, or cytokine storm, referring to the natural chemicals that pour out of cells in the immune system as they are being activated, causing fevers and other symptoms. The storm can also flood the lungs and cause perilous drops in blood pressure — effects that nearly killed Emma.

Steroids sometimes ease the reaction, but they did not help Emma. Her temperature hit 105. She wound up on a ventilator, unconscious and swollen almost beyond recognition, surrounded by friends and family who had come to say goodbye.

But at the 11th hour, a battery of blood tests gave the researchers a clue as to what might help save Emma: her level of one of the cytokines, interleukin-6 or IL-6, had shot up a thousandfold. Doctors had never seen such a spike before and thought it might be what was making her so sick.

Dr. June knew that a drug could lower IL-6 — his daughter takes it for rheumatoid arthritis. It had never been used for a crisis like Emma’s, but there was little to lose. Her oncologist, Dr. Stephan A. Grupp, ordered the drug. The response, he said, was “amazing.”

Within hours, Emma began to stabilize. She woke up a week later, on May 2, the day she turned 7; the intensive-care staff sang “Happy Birthday.”

Since then, the research team has used the same drug, tocilizumab, in several other patients.

In patients with lasting remissions after the treatment, the altered T-cells persist in the bloodstream, though in smaller numbers than when they were fighting the disease. Some patients have had the cells for years.

Dr. Michel Sadelain, who conducts similar studies at the Sloan-Kettering Institute, said: “These T-cells are living drugs. With a pill, you take it, it’s eliminated from your body and you have to take it again.” But T-cells, he said, “could potentially be given only once, maybe only once or twice or three times.”

The Pennsylvania researchers said they were surprised to find any big drug company interested in their work, because a new batch of T-cells must be created for each patient — a far cry from the familiar commercial strategy of developing products like Viagra or cholesterol medicines, in which millions of people take the same drug.