Ex-NASA Scientist’s Data Fears Come True

In 2007, Robert M. Nelson, an astronomer, and 27 other scientists at the Jet Propulsion Laboratory sued NASA arguing that the space agency’s background checks of employees of government contractors were unnecessarily invasive and violated their privacy rights.

Privacy advocates chimed in as well, contending that the space agency would not be able to protect the confidential details it was collecting.

The scientists took their case all the way to the Supreme Court only to lose last year.

This month, Dr. Nelson opened a letter from NASA telling him of a significant data breach that could potentially expose him to identity theft.

The very thing he and advocates worried about had occurred. A laptop used by an employee at NASA’s headquarters in Washington had been stolen from a car parked on the street on Halloween, the space agency said.

Although the laptop itself was password protected, unencrypted files on the laptop contained personal information on about 10,000 NASA employees — including details like their names, birth dates, Social Security numbers and in some cases, details related to background checks into employees’ personal lives.

Millions of Americans have received similar data breach notices from employers, government agencies, medical centers, banks and retailers. NASA in particular has been subject to “numerous cyberattacks” and computer thefts in recent years, according to a report from the Government Accountability Office, an agency that conducts research for Congress.

Even so, Dr. Nelson, who recently retired from the Jet Propulsion Laboratory, a research facility operated by the California Institute of Technology under a contract with NASA, stands out as a glaring example of security lapses involving personal data, privacy advocates say.

“To the extent that Robert Nelson looks like millions of other people working for firms employed by the federal government, this would seem to be a real problem,” said Marc Rotenberg, the executive director of the Electronic Privacy Information Center, an advocacy group which filed a friend-of-the-court brief for Dr. Nelson in the Supreme Court case.

In a 2009 report titled “NASA Needs to Remedy Vulnerabilities in Key Networks,” the Government Accountability Office noted that the agency had reported 1,120 security incidents in fiscal 2007 and 2008 alone.

It also singled out an incident in 2009 in which a NASA center reported the theft of a laptop containing about 3,000 unencrypted files about arms traffic regulations and wind tunnel tests for a supersonic jet.

“NASA had not installed full-disk encryption on its laptops at all three centers,” the report said. “As a result, sensitive data transmitted through the unclassified network or stored on laptop computers were at an increased risk of being compromised.” Other federal agencies have had similar problems. In 2006, for example, the Department of Veteran’s Affairs reported the theft of an employee laptop and hard drive that contained personal details on about 26.5 million veterans. Last year, the G.A.O. cited the Internal Revenue Service for weaknesses in data control that could “jeopardize the confidentiality, integrity, and availability of financial and sensitive taxpayer information.”

Also last year, the Securities and Exchange Commission warned its employees that their confidential financial information, like brokerage transactions, might have been compromised because an agency contractor had granted data access to a subcontractor without the S.E.C.’s authorization.

In a phone interview, Dr. Nelson, the astronomer, said he planned to hold a news conference on Wednesday morning in which he would ask members of Congress to investigate NASA’s data collection practices and the recent data breach.

Robert Jacobs, a NASA spokesman, said the agency’s data security policy already adequately protected employees and contractors because it required computers to be encrypted before employees took them off agency premises. “We are talking about a computer that should not have left the building in the first place,” Mr. Jacobs said. “The data would have been secure had the employee followed policy.”

The government argued in the case Dr. Nelson filed that a law called the Privacy Act, which governs data collection by federal agencies, provided the scientists with sufficient protection. The case reached the Supreme Court, which upheld government background checks for employees of contractors. The roots of Dr. Nelson’s case against NASA date back to 2004 when the Department of Homeland Security, under a directive signed by President George Bush, required federal agencies to adopt uniform identification credentials for all civil servants and contract employees. As part of the ID card standardization process, the department recommended agencies institute background checks.

Several years later, when NASA announced it intended to start doing background checks at the Jet Propulsion Laboratory, Dr. Nelson and other scientists there objected.

Those security checks could have included inquiries into medical treatment, counseling for drug use, or any “adverse” information about employees such as sexual activity, or participation in protests, said Dan Stormer, a lawyer representing Dr. Nelson.

But Dr. Nelson and other long-term employees of the lab challenged the legality of those checks, arguing that they violated their privacy rights. NASA, they said, had not established a legitimate need for such extensive investigations about low-risk employees like themselves who did not have security clearances or handle confidential information. Dr. Nelson, for example, specializes in solar system science — concerning, for example, Jupiter’s moon Io and Titan, a moon of Saturn — and publishes his work in scientific journals

“It was an invitation to an open-ended fishing expedition,” Dr. Nelson said of the background checks.

In friend of the court briefs for Dr. Nelson, privacy groups cited many data security problems at federal agencies, arguing that there was a risk that NASA was not equipped to protect the confidential details it was collecting about employees and contractors.

In 2008, the United States Court of Appeals for the Ninth Circuit in San Francisco temporarily halted the background checks, saying that the case had raised important questions about privacy rights. But last year, the Supreme Court upheld the background investigations of employees of government contractors.

Dr. Nelson said he retired from the Jet Propulsion Laboratory last June rather than submit to a background check. He now works as a senior scientist at the Planetary Science Institute of Tucson.

NASA has contracted with ID Experts, a data breach company, to help protect employees whose data was contained on the stolen laptop against identity theft. Mr. Jacobs, the NASA spokesman, said the agency has encrypted almost 80 percent of its laptops and plans to encrypt the rest by Dec. 21. He added that he too received a letter from NASA warning that his personal information might have been compromised by the laptop theft.

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Changing of the Guard: Chinese Communists, New Leaders Chosen, Prepare for Next Round

BEIJING — When American diplomats in China scanned the political landscape this year for officials on a fast track to the Communist Party’s top ranks, one name jumped out: Hu Chunhua.

So in June, the United States ambassador, Gary F. Locke, traveled to Inner Mongolia, the coal-rich region of grasslands and boom cities, where Mr. Hu is party chief. At a banquet in Hohhot, the regional capital, Mr. Hu proudly opened a bottle of local liquor, and Mr. Locke joined in a toast.

Mr. Hu’s rising star got brighter this month when he was named one of 15 new members on the party’s 25-seat Politburo. Political analysts say he could be on track to ascend to the Politburo’s elite Standing Committee at the next party congress, in 2017. That would put him in the running for the top party job — and the mantle of leader of China — when Xi Jinping, the new party chief, steps down after his expected two five-year terms.

Mr. Hu is the most prominent of a clutch of political stars known as China’s “sixth generation.” They were handpicked by party leaders and elders years ago to succeed Mr. Xi’s fifth generation (the first generation was that of Mao Zedong). Now, those politicians are being slotted into some of the most important posts across China.

Political insiders say Mr. Hu will probably be sent soon to Guangdong, a coastal province that is central to China’s export economy. His closest rival, Sun Zhengcai, whom Mr. Locke also met this year, was posted earlier this month to Chongqing, the booming southwest municipality of 31 million once run by Bo Xilai, the disgraced party aristocrat.

If Mr. Hu and Mr. Sun both make it onto the Standing Committee in 2017, they would be in position to vie for the top two party posts in 2022, which would confer on them the state titles of president or premier.

Even as prominent voices across China are calling for greater political openness and a more democratic selection process, the promotions suggest that party leaders want to institutionalize the path to power that elders laid out in back-room deals for Mr. Xi and the new second-ranking party member, Li Keqiang. The two were the only fifth-generation officials selected for the Standing Committee in 2007, putting them ahead of their peers.

Mr. Hu and Mr. Sun, both 49, are the youngest members of the Politburo, and their new postings would be aimed at giving them exposure to the economic engines of China’s main industrial centers before they ascended further.

“The fact that they’re in the Politburo makes them far more competitive than others,” said Cheng Li, a scholar of Chinese politics at the Brookings Institution. “They’ll be tested in their current positions, but the tests work in their favor unless something terrible happens.”

Mr. Hu and Mr. Sun grew up during the Cultural Revolution; they were in their formative teenage and young adult years during the dawn of Deng Xiaoping’s “reform and opening” era in the late 1970s and early 1980s, when China experimented with market-economy policies and gradually opened to the world. The two men are better educated than most older leaders: Mr. Hu has a degree in Chinese literature from Peking University; Mr. Sun received a doctorate from China Agricultural University. While earning that degree, Mr. Sun studied in Britain for a half-year.

By some accounts, they are on opposite sides of the two competing patronage networks that have dominated Chinese politics in the post-Deng era. In broad terms, the main power centers revolve around Hu Jintao, 69, who just stepped down as party chief and civilian head of the military, and Jiang Zemin, his predecessor. A third pole is expected to emerge, as Mr. Xi, 59, who became the new party chief with the strong support of Mr. Jiang, tries to consolidate his power and move allies into important posts.

This year, Mr. Jiang, 86, though retired, quietly exerted enormous influence during the leadership transition to ensure that five of his allies got on to the seven-member Standing Committee. A central question in the coming years is how long Mr. Jiang will stay in decent health; last year, he suffered a severe illness.

Five Standing Committee members are expected to retire in 2017 because of an age limit. That means negotiations for those seats are already starting in earnest. Hu Jintao is expected to push hard for the younger Mr. Hu, who is no relation but is known as “Little Hu,” to get on the committee in the next round. Mr. Sun, meanwhile, is said by Mr. Li and several other analysts to be a protégé of Jia Qinglin, who recently stepped down from the Standing Committee and is close to Mr. Jiang. But there is also talk that Wen Jiabao, who is scheduled to retire as premier in March, could be another patron of Mr. Sun.

As Mr. Xi builds his power base, he may have as much say as Mr. Hu and Mr. Jiang over committee seats and other senior posts. That could throw a wrench into the current maneuvering by elders to secure prime jobs for the younger Mr. Hu, Mr. Sun and other sixth-generation stars, like Zhou Qiang, the party chief of Hunan Province and another protégé of Hu Jintao.

“Whether or not they’ll be able to take power and rule China is still a question mark,” said an editor of a party publication, who spoke on the condition of anonymity because of security concerns. “The question for these leaders isn’t whether or not they’re capable. The key is whether or not Xi likes them.”

He added: “If Xi likes someone, this person won’t have any problems. But if Xi doesn’t like him, then one crisis could end his prospects of a top job.”

Jonathan Ansfield contributed reporting. Patrick Zuo and Amy Qin contributed research.

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Newton leads Panthers past Eagles 30-22

PHILADELPHIA (AP) — They were two words on a sponsor's banner draped behind the Philadelphia Eagles' postgame podium: Imagine. Change.

For disgusted Eagles fans, that's all they can do, especially with coach Andy Reid still running the show. They won't have to imagine much longer.

After 14 seasons, one Super Bowl appearance, and, now a dreadful losing streak, the countdown to the end of Reid's tenure is hitting high gear in Philadelphia. Owner Jeffrey Lurie already has said that an 8-8 record would be "unacceptable" this year.

The Eagles would have to finish 5-0 just to get there after Cam Newton threw for two touchdowns and ran for two more to lead the Carolina Panthers to a 30-22 victory over the Philadelphia Eagles on Monday night.

Newton, who hadn't played up to his sensational rookie season, showed no signs of a sophomore slump against Philadelphia's porous pass defense. He finished 18 of 28 for 306 yards and had a passer rating of 125 in a matchup of teams with the worst records in the NFC.

Newton was only the latest player to shine against an Eagles (3-8) team about all out of hope. The Eagles haven't won since beating the defending Super Bowl champion New York Giants to go 3-1, a skid that has put Reid's job in real jeopardy. Unless Lurie has an implausible change of heart, Reid's run is about over, an inglorious end for the coach who led the Eagles to five conference championship games.

Lurie ducked out of a pregame press conference for the team's Hall of Fame before he could take questions from reporters. Reid said he hasn't discussed his job status with his boss.

"I'm not worried about all of the other things," Reid said. "I'm worried about winning football games and making sure I get my players coached up to where we do a better job with that."

As Philadelphia's seventh straight loss came to a close, some fed-up fans held up a banner that read, "Jeff This Is On You."

While Lurie surely joins Reid in taking a share of the blame for this ugly season, the players have been awful.

"I feel bad for Andy because he's in a horrible situation in a town that is critical, and rightly so," tight end Brent Celek said. "If I was the fans, I'd be mad, too. I don't see Andy as the problem. I see it as us."

Their latest problem was an inability to solve Newton.

Newton, the No, 1 overall pick in 2011, lived up to the hype by throwing for 4,051 yards with 21 TD passes and 14 TDs on the ground in his first year. He entered this game with only nine TD passes and four TDs rushing, a major disappointment for Panthers fans.

But Newton outshined rookie seventh-round pick Nick Foles in his Monday night debut.

Newton had a 24-yard TD toss over the middle to a wide-open Gary Barnidge for a 7-3 lead. He connected with Brandon LaFell on a 43-yard pass to make it 14-3 later in the first quarter. LaFell was wide open on the play, taking advantage of another breakdown in coverage in the secondary.

Newton led a 95-yard drive to open the third quarter, finishing it off with a 1-yard leap to give the Panthers a 21-15 lead. Newton hit Louis Murphy for a 55-yard gain on a second-and-11 from Carolina's 16.

"I think my best game is still to come," Newton said. "I'm still focused on getting better each and every week."

Carolina (3-8) went ahead 24-22 early in the fourth quarter on Graham Gano's 23-yard field goal.

"It's been a long time in coming," Panthers coach Ron Rivera said. "Lots of people contributed and made plays. Real proud of what we did and the things we did to give ourselves a chance to win."

Bryce Brown set an Eagles' rookie record with 178 yards rushing, including TD runs of 65 and 5 yards. Brown, filling in for injured running back LeSean McCoy, surpassed Correll Buckhalter's rookie mark of 134 yards rushing in his first start since his senior year at Wichita East High School in 2008. Brown also lost two fumbles, including one in Panthers' territory.

Foles was so-so in his second straight start for Michael Vick, who sat out with a concussion. Foles was 16 of 21 for 119 yards.

"The most important thing for me was for us to get the win and that didn't happen tonight," Brown said. "I felt like a lot of that had to do with my two turnovers. It really, really cost us."

After Gano's field goal put them up for good, the Panthers finally stopped Brown when it mattered most, stuffing him on a fourth-and-1 to take over on downs at their 40. Newton led them downfield, running in from the 2 to make it 30-22. Gano, signed last week, missed the extra point. But Brandon Boykin fumbled after a 44-yard kickoff return, the Panthers recovered and held the ball the final 4:29.

The Panthers have shown they're better than their record. They have lost six games by less than a touchdown, including a 2-point loss at Atlanta and a 1-point loss at Chicago.

"It's a huge stage, Monday Night Football, on the road," tackle Jordan Gross said. "It was just big for us and big for the guys on the team who haven't experienced something like this."

For the Eagles, it was simply the latest loss in a season stuffed with them. The Linc was quiet and empty except for some boos when busted coverage led to another Carolina TD. They fled for the exits once the Panthers took over for the final time.

Dwindling fan support is one thing. Losing it from Lurie is quite another for Reid.

"He's as competitive as anybody and he wants to win games," Reid said. "That's what he's in this business for."

NOTES: Neither Vick nor McCoy has been cleared to return to practice. The injury-depleted Eagles lost wide receiver DeSean Jackson (sternum) and defensive tackle Fletcher Cox (tail bone) in the first half. ... The Eagles inducted five-time Pro Bowl cornerback Troy Vincent and longtime front office executive Leo Carlin into the team's Hall of Fame at halftime. ... Brown's 65-yard TD run was the longest for the Eagles since McCoy's 66-yard TD vs NYG on Nov. 1, 2009. ... Buckhalter had 134 yards rushing vs. Arizona on Oct. 7, 2001. ... Newton led the Panthers with 52 yards rushing.

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Imaging Shows Progressive Damage by Parkinson’s

For the first time, researchers at the Massachusetts Institute of Technology report, brain imaging has been able to show in living patients the progressive damage Parkinson’s disease causes to two small structures deep in the brain.

The new technique confirms some ideas about the overall progress of the disease in the brain. But the effects of Parkinson’s vary in patients, the researchers said, and in the future, the refinement in imaging may help doctors monitor how the disease is affecting different people and adjust treatment accordingly.

The outward symptoms and progress of Parkinson’s disease — tremors, stiffness, weakness — have been well known since James Parkinson first described them in 1817. But its progress in the brain has been harder to document.

Some of the structures affected by the disease have been buried too deep to see clearly even with advances in brain imaging. An important recent hypothesis about how the disease progresses was based on the examinations of brains of patients who had died.

Now, a group of scientists at M.I.T. and Massachusetts General Hospital report that they have worked out a way to combine four different sorts of M.R.I. to get clear pictures of damage to two brain structures in people living with Parkinson’s. In doing so, they have added support to one part of the recent hypothesis, which is that the disease first strikes an area involved in movement and later progresses to a higher part of the brain more involved in memory and attention.

Suzanne Corkin, a professor emerita of behavioral neuroscience at M.I.T. and the senior author on the paper published online Monday in The Archives of Neurology, said that this progression was part of the hypothesis put forward in 2003 by Heiko Braak, a German neuroscientist, based on autopsies.

But, she said, because of the limits of brain imaging, “nobody could test this in living patients.”

David A. Ziegler, who was at M.I.T. when the research was done, and is now a postdoctoral researcher at the University of California, San Francisco, said that the study, of 29 patients with Parkinson’s and 27 healthy patients of roughly the same age, showed that the peanut-sized substantia nigra lost volume first, and another structure called the basal forebrain, involved in memory and attention, was struck later.

Glenda Halliday, a neuroscientist at Neuroscience Research Australia and the University of New South Wales, who was not involved in the study, said the paper confirmed “the progression of degeneration in two important affected brain regions in people with Parkinson’s.”

Dr. Corkin, Dr. Ziegler and their colleagues developed a way to use four different varieties of M.R.I. — each using different settings on the same machine — to come up with four different images that could be used to form one image that showed structures deep in the brain like the substantia nigra, long known to be important in Parkinson’s.

The disease kills brain cells, shrinking the parts of the brain that it affects, and the comparative study showed that the reduction in size of the substantia nigra showed up in early stage Parkinson’s patients, compared with a healthy group.

The reduction in size in the basal forebrain, compared with the healthy group, did not show up in the patients in the early stage, but was clear in patients in the later stage.

“This is a project we’ve been working on in our lab for years,” she said. A next step, already in progress, is to correlate damage to specific brain structures with symptoms.

Parkinson’s, she said, is a disease that shows the same broad outlines of development in most patients, but with considerable variation. Dementia may arrive early or may not appear. The M.R.I. technique described in the paper, she said, might help tease out what is going on in the brain in subgroups of Parkinson’s patients that show different symptoms and could influence treatment.

One important difference between the two brain structures is that damage to the substantia nigra decreases production of the neurotransmitter dopamine, while a smaller basal forebrain would reduce the production of a different chemical, acetylcholine.

The research is just one step, Dr. Ziegler said. One of the “big outstanding questions,” he said, is whether all patients will eventually get dementia.

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News Analysis: St. Jude Medical Suffers for Redacting a Product Name

Peter Muhly for The New York Times

Dr. Ernest Lau holds a Durata lead from a St. Jude Medical Fortify ICD, an implanted heart defibrillator.

IS covering a product’s name in a public document a sign that a company has something to hide? And how should doctors, patients and investors react if the product at issue is one on which peoples’ lives and a company’s fortunes depend?

Such questions now loom over St. Jude Medical after the disclosure last week that its executives had blacked out the name of a heart device component when they released a critical federal report involving the product. The value of St. Jude has since plummeted more than $1 billion, or 12 percent. But the company’s actions may have a more lasting impact on its reputation and the health of patients, some experts say.

Last week’s incident was the latest development in a controversy involving the component, an electrical wire that connects an implanted defibrillator to a patient’s heart. St. Jude officials say the wire, which is known as the Durata, is safe. But uncertainty about the company’s statements is growing, underscored by its handling of the report, which involved a Food and Drug Administration inspection of a plant that makes the Durata.

St. Jude released that report in October as part of a filing with the Securities and Exchange Commission. The F.D.A. provides device makers with the reports in an unaltered form, and they may contain criticisms of a company’s procedures.

But the version of the report that St. Jude filed with the S.E.C. left some doctors and analysts uncertain about which company product or products were at issue for a simple reason — St. Jude had redacted, or blocked out, all 20 references to the Durata in it.

Company executives said they had done so based on their “good faith” interpretation of how the F.D.A. would act if it publicly released the report under the Freedom of Information Act. But both an F.D.A spokeswoman and a lawyer who specializes in medical devices took exception with that view, saying that names of approved products typically do not qualify as the type of confidential business information that the F.D.A. would redact.

Among other things, F.D.A. inspectors found significant flaws in the company’s testing and oversight of the Durata. It was those revelations and the implications that the problems could lead to further F.D.A. action against St. Jude that led to the sharp fall last week in its stock price.

In 2005, Guidant, a device maker that no longer exists, also found itself under scrutiny. Back then, its executives decided not to tell doctors that one of its defibrillators could short-circuit when a patient needed an electrical jolt to save a life. The expert who brought the Guidant problem to light, Dr. Robert Hauser, a heart specialist in Minnesota, has also raised concerns about the St. Jude wires, adding that he believes that its executives have been less than forthright.

“Patients and physicians would appreciate more information,” Dr. Hauser said.

In an earlier interview, St. Jude’s chief executive, Daniel J. Starks, said the company had hidden nothing about the Durata or another heart wire named the Riata, which it stopped selling in 2010.

“We’ve been more transparent than others,” said Mr. Starks, referring to company competitors like Medtronic.

Still, some Wall Street analysts share Dr. Hauser’s view. And if one St. Jude executive can claim credit for shaping their opinion, it would be Mr. Starks.

Earlier this year, he sought, among other things, to have a medical journal retract an article written by Dr. Hauser that was critical of the Riata. The publication refused.

Now, after St. Jude’s latest misfire, Wall Street analysts, who usually agree more than disagree, are placing wildly differing bets on St. Jude, with some valuing it at $48 a share and others at $30. On Monday, St. Jude closed at $31.86 on the New York Stock Exchange.

One of those bearish analysts, Matthew Dodds of Citigroup, said he thought the Food and Drug Administration might act soon on Durata. “I believe that a lot of their actions have made the situation worse, ” he said of the company’s executives.

A St. Jude spokeswoman, Amy Jo Meyer, reiterated the company’s stance that it had interpreted agency rules in “good faith” when releasing the redacted report about the Durata. An F.D.A. spokeswoman, Mary Long, said the agency did not consider the names of approved products to be confidential. And a lawyer, William Vodra, said that while device makers try to make a confidentiality argument for product data they consider embarrassing, like injury reports, they rarely succeed.

“In my experience, the F.D.A. consistently rejects” such arguments, Mr. Vodra wrote in an e-mail.

For patients, the dilemma may become more excruciating. The company’s earlier heart wire, the Riata, has begun failing prematurely in some of the 128,000 patients worldwide who received it. And those patients and their doctors face a difficult decision: whether to leave it in place or have it surgically removed, a procedure that carries significant risks.

St. Jude executives say that the Durata, which uses a different type of insulation than the Riata, is not prone to such problems.

And with the Durata already implanted in 278,000 people, many heart specialists certainly hope they are right.

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As Rebels Gain, Congo Again Slips Into Chaos

GOMA, Democratic Republic of Congo — The lights are out in most of Goma. There is little water. The prison is an empty, garbage-strewn wasteland with its rusty front gate swinging wide open and a three-foot hole punched through the back wall, letting loose 1,200 killers, rapists, rogue soldiers and other criminals.

Now, rebel fighters are going house to house arresting people, many of whom have not been seen again by their families.

“You say the littlest thing and they disappear you,” said an unemployed man named Luke.

In the past week, the rebels have been unstoppable, steamrolling through one town after another, seizing this provincial capital, and eviscerating a dysfunctional Congolese Army whose drunken soldiers stumble around with rocket-propelled grenades and whose chief of staff was suspended for selling crates of ammunition to elephant poachers.

Riots are exploding across the country — in Bukavu, Butembo, Bunia, Kisangani and Kinshasa, the capital, a thousand miles away. Mobs are pouring into streets, burning down government buildings and demanding the ouster of Congo’s weak and widely despised president, Joseph Kabila.

Once again, chaos is courting Congo. And one pressing question is, why — after all the billions of dollars spent on peacekeepers, the recent legislation passed on Capitol Hill to cut the link between the illicit mineral trade and insurrection, and all the aid money and diplomatic capital — is this vast nation in the heart of Africa descending to where it was more than 10 years ago when foreign armies and marauding rebels carved it into fiefs?

“We haven’t really touched the root cause,” said Aloys Tegera, a director for the Pole Institute, a research institute in Goma.

He said Congo’s chronic instability is rooted in very local tensions over land, power and identity, especially along the Rwandan and Ugandan borders. “But no one wants to touch this because it’s too complicated,” he added.

The most realistic solution, said another Congo analyst, is not a formal peace process driven by diplomats but “a peace among all the dons, like Don Corleone imposed in New York.”

Congo’s problems have been festering for years, wounds that never quite scabbed over.

But last week there was new urgency after hundreds of rebel fighters, wearing rubber swamp boots and with belt-fed machine guns slung across their backs, marched into Goma, the capital of North Kivu Province and one of the country’s most important cities.

The rebels, called the M23, are a heavily armed paradox. On one hand, they are ruthless. Human rights groups have documented how they have slaughtered civilians, pulling confused villagers out of their huts in the middle of the night and shooting them in the head.

On the other hand, the M23 are able administrators — seemingly far better than the Congolese government, evidenced by a visit in recent days to their stronghold, Rutshuru, a small town about 45 miles from Goma.

In Rutshuru, there are none of those ubiquitous plastic bags twisted in the trees, like in so many other parts of Congo. The gravel roads have been swept clean and the government offices are spotless. Hand-painted signs read: “M23 Stop Corruption.” The rebels even have green thumbs, planting thousands of trees in recent months to fight soil erosion.

“We are not a rebellion,” said Benjamin Mbonimpa, an electrical engineer, a bush fighter and now a top rebel administrator. “We are a revolution.”

Their aims, he said, were to overthrow the government and set up a more equitable, decentralized political system. This is why the rebels have balked at negotiating with Mr. Kabila, though this weekend several rebels said that the pressure was increasing on them to compromise, especially coming from Western countries.

On Sunday, rebel forces and government troops were still squared off, just a few miles apart, down the road from Goma.

The M23 rebels are widely believed to be covertly supported by Rwanda, which has a long history of meddling in Congo, its neighbor blessed with gold, diamonds and other glittering mineral riches. The Rwandan government strenuously denies supplying weapons to the M23 or trying to annex eastern Congo. Rwanda has often denied any clandestine involvement in this country, only to have the denials later exposed as lies.

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Longoria agrees to deal adding $100 million

ST. PETERSBURG, Fla. (AP) — Tampa Bay Rays third baseman Evan Longori has agreed to a new contract through 2022 that adds six guaranteed seasons and $100 million.

The agreement announced Monday with the three-time All-Star incorporates the remainder of the 27-year-old's existing contract, which called for him to earn $36.6 million over the next four seasons. The new deal includes a team option for 2023.

"We drafted Evan in 2006 with the belief that he and the organization would grow with each other and together accomplish great things," Rays principal owner Stuart Sternberg said in a statement. "That is why the Rays and Evan signed a long-term contract in 2008, and it is why we are extending our commitments. Evan has clearly become a cornerstone player and a fixture in our organization. We are proud of what we have accomplished these past seven years, and I expect the best is yet to come."

Just six games into his major league career, Longoria agreed in April 2008 to a $17.5 million, six-year contract that included club options potentially making the deal worth $44 million over nine seasons.

"Evan has all of the attributes we seek in a player," Rays executive vice president of baseball operations Andrew Friedman said. "His determination and work ethic inspire others around him. He is devoted to his craft and strives to improve himself every year, and he defines success in terms of team performance and achievement. It's exciting to know that Evan will be manning third base for the Rays for many years to come."

Tampa Bay selected Longoria as the third overall pick in the 2006 amateur draft, making him the first player drafted under Sternberg and Friedman.

Longoria played in just 74 games in 2012 because of a partially torn left hamstring. He underwent a minor procedure on the hamstring Nov. 20 and is expected to be ready for spring training.

Tampa Bay was 41-44 during Longoria's absence, and 47-27 with him in the starting lineup.

The two-time AL Gold Glove winner and 2008 AL Rookie of the Year ranks second on the Rays career list with 130 home runs, third with 456 RBIs and fourth with 161 doubles. Longoria is one of 11 active players to average at least 25 homers and 90 RBIs during his first five seasons.

Longoria will donate more than $1 million during the contract to the Rays Baseball Foundation, the team's charitable foundation.

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Agency Investigates Deaths and Injuries Associated With Bed Rails

Thomas Patterson for The New York Times

Gloria Black’s mother died in her bed at a care facility.

In November 2006, when Clara Marshall began suffering from the effects of dementia, her family moved her into the Waterford at Fairway Village, an assisted living home in Vancouver, Wash. The facility offered round-the-clock care for Ms. Marshall, who had wandered away from home several times. Her husband Dan, 80 years old at the time, felt he could no longer care for her alone.

Thomas Patterson for The New York Times

Gloria Black, visiting her mother’s grave in Portland, Ore. She has documented hundreds of deaths associated with bed rails and said families should be informed of their possible risks.

But just five months into her stay, Ms. Marshall, 81, was found dead in her room apparently strangled after getting her neck caught in side rails used to prevent her from rolling out of bed.

After Ms. Marshall’s death, her daughter Gloria Black, who lives in Portland, Ore., began writing to the Consumer Product Safety Commission and the Food and Drug Administration. What she discovered was that both agencies had known for more than a decade about deaths from bed rails but had done little to crack down on the companies that make them. Ms. Black conducted her own research and exchanged letters with local and state officials. Finally, a letter she wrote in 2010 to the federal consumer safety commission helped prompt a review of bed rail deaths.

Ms. Black applauds the decision to study the issue. “But I wish it was done years ago,” she said. “Maybe my mother would still be alive.” Now the government is studying a problem it has known about for years.

Data compiled by the consumer agency from death certificates and hospital emergency room visits from 2003 through May 2012 shows that 150 mostly older adults died after they became trapped in bed rails. Over nearly the same time period, 36,000 mostly older adults — about 4,000 a year — were treated in emergency rooms with bed rail injuries. Officials at the F.D.A. and the commission said the data probably understated the problem since bed rails are not always listed as a cause of death by nursing homes and coroners, or as a cause of injury by emergency room doctors.

Experts who have studied the deaths say they are avoidable. While the F.D.A. issued safety warnings about the devices in 1995, it shied away from requiring manufacturers to put safety labels on them because of industry resistance and because the mood in Congress then was for less regulation. Instead only “voluntary guidelines” were adopted in 2006.

More warnings are needed, experts say, but there is a technical question over which regulator is responsible for some bed rails. Are they medical devices under the purview of the F.D.A., or are they consumer products regulated by the commission?

“This is an entirely preventable problem,” said Dr. Steven Miles, a professor at the Center for Bioethics at the University of Minnesota, who first alerted federal regulators to deaths involving bed rails in 1995. The government at the time declined to recall any bed rails and opted instead for a safety alert to nursing homes and home health care agencies.

Forcing the industry to improve designs and replace older models could have potentially cost bed rail makers and health care facilities hundreds of million of dollars, said Larry Kessler, a former F.D.A. official who headed its medical device office. “Quite frankly, none of the bed rails in use at that time would have passed the suggested design standards in the guidelines if we had made them mandatory,” he said. No analysis has been done to determine how much it would cost the manufacturers to reduce the hazards.

Bed rails are metal bars used on hospital beds and in home care to assist patients in pulling themselves up or helping them out of bed. They can also prevent people from rolling out of bed. But sometimes patients — particularly those suffering from Alzheimer’s — can get confused and trapped between a bed rail and a mattress, which can lead to serious injury or even death.

While the use of the devices by hospitals and nursing homes has declined as professional caregivers have grown aware of the dangers, experts say dozens of older adults continue to die each year as more rails are used in home care and many health care facilities continue to use older rail models.

Since those first warnings in 1995, about 550 bed rail-related deaths have occurred, a review by The New York Times of F.D.A. data, lawsuits, state nursing home inspection reports and interviews, found. Last year alone, the F.D.A. data shows, 27 people died.

As deaths continued after the F.D.A. warning, a working group put together in 1999 and made up of medical device makers, researchers, patient advocates and F.D.A. officials considered requiring bed rail makers to add warning labels.

But the F.D.A. decided against it after manufacturers resisted, citing legal issues. The agency said added cost to small manufacturers and difficulties of getting regulations through layers of government approval, were factors against tougher standards, according to a meeting log of the group in 2000 and interviews.

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DealBook: S.E.C. Chief Who Overhauled Agency to Step Down

11:42 a.m. | Updated

Mary L. Schapiro, who overhauled the Securities and Exchange Commission after the financial crisis, announced Monday that she was stepping down as chairwoman of the agency.

In recent days, the S.E.C. informed the White House and Treasury Department that Ms. Schapiro planned to leave Dec. 14, becoming the first major departure from the Obama administration’s team of financial regulators. Ms. Schapiro will also relinquish her position as one of the five members of the agency’s commission, the group that oversees Wall Street and the broader financial markets.

The White House announced on Monday that President Obama was naming Elisse B. Walter, a commissioner at the S.E.C., as the new chairwoman. In a somewhat surprising step, Ms. Walter will not step into an interim post, but will take over the top spot for the foreseeable future.

Ms. Walter’s appointment does not require Congressional approval because the Senate previously confirmed her as a commissioner. Eventually, the White House is expected to nominate another agency chief, according to a person briefed on the matter.

Ms. Schapiro’s departure, which follows a bruising four-year tenure, was widely telegraphed. Ms. Schapiro, 57, has confided in staff members for more than a year that she was exhausted and hoped to leave after the November elections.

“It has been an incredibly rewarding experience to work with so many dedicated S.E.C. staff who strive every day to protect investors and ensure our markets operate with integrity,” Ms. Schapiro said in a statement. “Over the past four years we have brought a record number of enforcement actions, engaged in one of the busiest rule-making periods, and gained greater authority from Congress to better fulfill our mission.”

In 2008, President Obama nominated Ms. Schapiro, a political independent, to head the S.E.C. at a time when extreme economic turmoil had shaken investor confidence in the country’s securities regulators.

The agency was faulted for its lax oversight of brokerage firms like Lehman Brothers, which failed in 2008 and contributed to the worst economic downturn since the Great Depression. Just weeks before Ms. Schapiro started as chairwoman, the Wall Street investor Bernard L. Madoff was accused of running a large Ponzi scheme, further damaging the credibility of regulators like the S.E.C., which missed crucial warning signs about the fraud.

“When Mary agreed to serve nearly four years ago, she was fully aware of the difficulties facing the S.E.C. and our economy as a whole,” Mr. Obama said in a statement. “But she accepted the challenge, and today, the S.E.C. is stronger and our financial system is safer and better able to serve the American people – thanks in large part to Mary’s hard work.”

Ms. Schapiro, a lifelong regulator who previously ran the Commodity Futures Trading Commission and the Financial Industry Regulatory Authority, quickly gained a reputation as a consensus builder determined to repair the agency’s reputation. A tireless preparer and self-described pragmatist, Ms. Schapiro overhauled the agency’s management ranks, revived the enforcement unit and secured more money and technology at a time when other agencies were being asked to cut back. She also helped craft new rules for Wall Street oversight, as part of the Dodd-Frank regulatory overhaul.

“The S.E.C. came back from the brink,” said Harvey L. Pitt, a former chairman of the agency under President George W. Bush. “I give her enormous credit for that.”

Consumer advocates and other critics, however, say she failed to grab the bully pulpit at a time the country needed a vocal critic of Wall Street. Since the financial crisis, the agency brought few enforcement cases against the Wall Street executives at the center of the crisis.

The S.E.C. notes it has brought a record number of cases over the last two years. While no top banking executives have been charged, the agency has filed actions against 129 people and firms tied to the crisis.

While Ms. Walter will take over as chairwoman, she may not serve the whole term. Among the other people that Mr. Obama may consider to as agency chief include Mary J. Miller, a senior Treasury Department official, a person briefed on the matter said. Sallie L. Krawcheck, a former top executive at Citigroup and Bank of America, is also in the running, according to people with knowledge of the matter. The agency’s enforcement chief, Robert Khuzami, is a long-shot contender.

As for Ms. Schapiro, few expect her to follow her predecessors and move into private legal practice, where she would defend the banks she has spent years regulating. Instead, they say she is more likely to seek out a position at a university or research group.

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Bangladesh Fire Kills More Than 100 and Injures Many

MUMBAI — More than 100 people died Saturday and Sunday in a fire at a garment factory outside Dhaka, Bangladesh, in one of the worst industrial tragedies in that country.

It took firefighters all night to put out the blaze at the factory, Tazreen Fashions, after it started Saturday around 7 p.m., a retired fire official said by telephone from Dhaka, Bangladesh’s capital. At least 111 people were killed and scores of workers were taken to hospitals with burns and smoke inhalation injuries.

“The main difficulty was to put out the fire; the sufficient approach road was not there,” said the retired official, Salim Nawaj Bhuiyan, who now runs a fire safety company in Dhaka. “The fire service had to take great trouble to approach the factory.”

Bangladesh’s garment industry, the second largest exporter of clothing after China, has a notoriously poor record of fire safety. Since 2006, more than 500 Bangladeshi workers have died in garment factory fires, according to Clean Clothes Campaign, an anti-sweatshop advocacy group based in Amsterdam. Experts say many of the fires could have been easily avoided if the factories had taken the right precautions. Many factories are in cramped neighborhoods, have too few fire escapes and widely flout safety measures. The industry employs more than three million workers in Bangladesh, mostly women.

Activists say that global clothing brands like Wal-Mart, Tommy Hilfiger and the Gap need to take responsibility for working conditions in Bangladeshi factories that produce the clothes that they sell.

“These brands have known for years that many of the factories they choose to work with are death traps,” Ineke Zeldenrust, the international coordinator for Clean Clothes Campaign, said in a statement. “Their failure to take action amounts to criminal negligence.”

The fire at the Tazreen factory in Savar, northwest of Dhaka, started in a warehouse on the ground floor used to store yarn and quickly spread up the building, which was nine stories high with the top three floors under construction, according to an garment industry official at the scene who asked not to be named because he was not authorized to speak to the media. Though most workers had left for the day when the fire started, the industry official said as many as 600 workers were still inside, working overtime.

The factory, which started operations in May 2010, employed about 1,500 workers and had sales of $35 million a year, according to a document on the company’s Web site. It made T-shirts, polo shirts and fleece jackets.

Most of the workers who died were on the first and second floors and were killed, fire officials said, because there were not enough exits for them to get out and none that opened to the outside.

“The factory had three staircases, and all of them were down through the ground floor,” said Maj. Mohammad Mahbub, the operations director for the fire department, according to The Associated Press. “So the workers could not come out when the fire engulfed the building.”

In a telephone interview later on Sunday, Major Mahbub said the fire could have been caused by an electrical fault or by a spark from a cigarette.

In a brief phone call, Delowar Hossain, the managing director of the Tuba Group, the parent company of Tarzeen Fashions, said he was too busy to comment. “Pray for me,” he said and then hung up.

Television news reports showed badly burned bodies lined up on the floor in what appeared to be a government building and showed the injured receiving treatment in hallways of local hospitals.

The industry official said that many of the bodies were burned beyond recognition and that it would take some time to identify them.

One survivor, Mohammad Raju, 22, who worked on the fifth floor, said he escaped by climbing out of a third-floor window onto the bamboo scaffolding that was being used by construction workers. But he said he lost his mother, who also worked on the fifth floor, when they were making their way down.

“It was crowded on the stairs as all the workers were trying to come out from the factory,” Mr. Raju said. “There was no power supply, it was dark and I lost my mother in dark. I tried to search for her for 10 to 15 minutes but did not find her.”

A document posted on Tarzeen Fashions’ Web site appeared to show that an “ethical sourcing” official for Walmart flagged “violations and/or conditions which were deemed to be high risk” at the factory in May 2011, though it did not specify the nature of the infractions. The notice said that the factory had been given an “orange” grade and that any factories given three such assessments in two years from their last audit would not receive any orders from Walmart for one year.

It was unclear whether Walmart had suspended the company or was still buying clothes from it. The Web sites of Tuba Group lists the retailer and others like Carrefour, the French retail chain, as customers. A spokesman for Walmart, Kevin Gardner, said the company was “so far unable to confirm that Tazreen is supplier to Walmart nor if the document referenced in the article is in fact from Walmart.”

Bangladesh exports about $18 billion worth of garments and is a big supplier to American, European and Japanese brands. Employees in the country’s factories are among the lowest-paid in the world with entry-level workers making a government-mandated minimum wage of about $37 a month.

Tensions have been running high between workers, who have been demanding an increase in minimum wages, and factory owners and the government. Earlier this year, a union organizer, Aminul Islam, who campaigned for better working conditions and higher wages, was found tortured and killed outside Dhaka.

Fire safety remains weak across much of the region. In September, nearly 300 workers were killed in a fire at a textile factory in Karachi, Pakistan, just weeks before it passed an inspection that covered several issues including health and safety.

Julfikar Ali Manik contributed reporting from Dhaka, Bangladesh, and Stephanie Clifford from New York.

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