Crackdowns Make Fleeing North Korea Harder

Woohae Cho for the International Herald Tribune

The Rev. Kim Seung-eun at his church in Cheonan, a center for activists who help smuggle refugees from North Korea.

CHEONAN, South Korea — The Rev. Kim Seung-eun said he could measure the increasing difficulty of smuggling people out of North Korea by the higher cost of bribing North Korean soldiers on the Chinese border to look the other way.

“They demand not only more cash, but also all kinds of things for themselves and their superiors,” said Mr. Kim, a South Korean human rights activist who helps North Koreans flee their totalitarian homeland and resettle in the South. “They’ve developed a taste for South Korean goods, too.”

Under North Korea’s new leader, Kim Jong-un, human rights activists and South Korean officials say, it has become increasingly difficult to smuggle refugees out of the country, contributing to a sharp drop in the number of North Koreans reaching South Korea in the past year.

The number of refugees has never been particularly large, since most North Koreans are so impoverished they find it all but impossible to raise the money to attempt an escape. But the tightening of controls at the Chinese border led to a fall of about 44 percent from the previous year in the number of refugees reaching South Korea in 2012. The total was 1,509, according to South Korean government data.

Despite the relatively small number, the flow of North Koreans defecting to South Korea to escape poverty and oppression has long been a major embarrassment for the North. Lately, the Chinese also appear to have tightened their control at the river border to help protect their client government. “The crackdowns in China and North Korea came in tandem,” said Mr. Kim, who manages a network of activists and smugglers from his Caleb Mission church in Cheonan, a city about 60 miles south of Seoul. “It’s become more difficult for my people to operate in North Korea and China.”

A devastating famine in the 1990s caused many North Koreans to flee, and the number of refugees peaked at 2,917 in 2009. Today, about 24,000 people who escaped from North Korea live in South Korea.

In the last years of his rule, Kim Jong-il, the previous dictator and the current ruler’s father, added more checkpoints on the roads to the Chinese border, according to South Korean activists and researchers. North Korea built more barriers along the border and rotated patrols more frequently to discourage corruption.

Under Kim Jong-un, who took over a year ago after his father’s death, border controls have tightened further, officials and activists say. The government began to jam the Chinese cellphone signals that activists relied on to coordinate their smuggling operations with collaborators in the North. North Korea also deployed equipment to trace cellphone signals.

“That significantly narrowed the window for cross-border cellphone conversations,” said Kim Hee-tae, a leader of the International Network of North Korea Human Rights Activists. His group raises money from churches; until last year it typically arranged for 180 to 190 North Korean refugees annually to escape to the South. But this past year, he said, his organization managed to bring in only about 100 people.

“Even after the bribes are paid, there is no guarantee of success,” said Do Hee-youn, head of the Citizens’ Coalition for the Human Rights of North Korean Refugees, based in Seoul. “We have recently seen cases where border guards were not punished for having taken bribes when they turned over the refugees.” Adding to the difficulty, some of the missionaries and brokers involved in the smuggling were rounded up by the Chinese police.

“It just became impossible to use public transportation in China because these days you cannot buy a train or bus ticket without a proper ID, which the North Koreans don’t have,” said the Rev. Chun Ki-won, another veteran human rights activist, who runs the Durihana Mission, a Christian group based in Seoul.

But for all the tighter controls imposed by the North Koreans and Chinese, there are still ways of slipping through the cracks.

Landing a border assignment is seen by many North Korean soldiers as a chance to make a fortune by collecting bribes from smugglers. The police in North Korea sometimes protect families with relatives in the South so they can take a cut from cash remittances from the South.

North Koreans have also developed an appetite for outside news and entertainment. “If early defectors fled North Korea for sheer ‘survival,’ an increasing number of North Koreans reaching South Korea flee for ‘a better life’ than they had in the North,” Kim Soo-am, an expert on North Korean refugees at the Korea Institute for National Unification in Seoul, recently wrote.

A group of 15 North Koreans that the Caleb Mission team in Cheonan had smuggled out in early December included a striking example of one such defector: a 29-year-old woman who yearned to become a television celebrity. “She had watched so many South Korean soap operas that she developed an illusion about life in South Korea,” Mr. Kim said, pointing out a particularly well-dressed woman in a photograph of the 15 North Koreans. “When we smuggled her out of North Korea, she was already wearing nothing but South Korean-made clothes.”

This article has been revised to reflect the following correction:

Correction: January 5, 2013

Because of an editing error, an earlier version of this article gave the incorrect time period for a devastating famine in North Korea. The famine happened in the 1990s, not in 2009.

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New Jersey man accused of trying to hire “cannibal cop” to kidnap woman

NEW YORK (Reuters) – A New Jersey man offered to pay $ 5,000 to the so-called “cannibal cop” to kidnap a woman and deliver her to be raped, U.S. officials alleged on Friday.

Federal authorities arrested Michael Vanhise, 23, and charged him with conspiracy to commit kidnapping with Gilberto Valle III, a New York police officer who was arrested in October and charged with conspiring to kidnap, torture, cook and eat women.

In a series of emails last year, Vanhise tried to bargain down the kidnapping fee and urged the police officer to “just make sure she doesn’t die before I get her,” according to a criminal complaint unsealed Friday.

“No need to worry,” Valle replied in an email, prosecutors allege. “She will be alive. It’s a short drive to you.”

Vanhise admitted to investigators he sent the emails, prosecutors said.

Valle, nicknamed the “cannibal cop” by New York media, was accused of targeting women whose names were discovered in a file on his computer.

In November, Valle pleaded not guilty and said he was merely engaged in online fantasy role play.

Vanhise was charged with one count of conspiracy to commit kidnapping. He was expected to appear in court Friday afternoon. His attorney, Alice Fontier, did not immediately return a call for comment.

The emails between the two men “read like a script from a bad horror film,” Manhattan federal prosecutor Preet Bharara said Friday in a statement.

Vanhise was also accused of emailing photos and the home address of a girl from his Hamilton, New Jersey neighborhood to two unnamed people, according to a criminal complaint, which said Vanhise solicited the girl’s kidnapping.

Prosecutors said Vanhise tried to bargain down the price for the kidnapping to $ 4,000.

“Could we do 4?” Vanhise asked Valle in an email last February, according to the complaint.

“I am putting my neck on the line here … $ 5,000 and you need to make sure that she is not found,” Valle responded. “She will definitely make news.”

Valle’s estranged wife tipped off authorities after she discovered a disturbing file on his computer, a law enforcement official said at the time.

The file, called “Abducting and Cooking: A Blueprint,” contained the names and pictures of at least 100 women, and the addresses and physical descriptions of some of them, according to court documents.

Authorities charged last fall that Valle had undertaken surveillance of some of the women at their places of employment and their homes.

Valle was denied bail by a judge who called the charges “profoundly disturbing.”

Both men face a maximum sentence of life in prison if convicted. The case has disturbed even veteran criminal investigators.

“No effort to characterize the defendant’s actions is necessary,” said FBI Assistant Director-in-Charge George Venizelos in a statement. “The factual allegations more than suffice to convey the depravity of the offense.”

(Reporting by Chris Francescani; Editing by Daniel Trotta and Alden Bentley)

Internet News Headlines – Yahoo! News

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Manziel, Texas A&M beat Oklahoma 41-13 in Cotton

ARLINGTON, Texas (AP) — Johnny Manziel stretched out both of his arms and ran off the field as if he was flying.

With the Heisman Trophy-winning quarterback known as Johnny Football, Texas A&M certainly is soaring in the SEC.

Manziel tiptoed the sideline for a 23-yard touchdown on the first drive of the Cotton Bowl, the first of his four touchdowns as part of his bowl-record 516 total yards and the Aggies capped their first SEC season with a 41-13 win over 12th-ranked Oklahoma on Friday night.

"To come in and go against a Big 12 rival and do everything we wanted as a team, and send these seniors out with a win, we couldn't feel any better," Manziel said after his first game since becoming the first freshman to win the Heisman.

With first-year coach Kevin Sumlin and their young star quarterback, the Aggies (11-2) broke the SEC record with their 7.261 total yards this season (the first over 7,000 after 633 in Cowboys Stadium). They also averaged more than 40 points a game.

And they capped their debut season with an overwhelming victory in the only postseason game matching teams from those power conferences. It is the Aggies' first 11-win season since 1998, when they won their only Big 12 title.

The chants of "S-E-C!, S-E-C!" began after Manziel's 33-yard TD pass to Ryan Swope with 4 minutes left in the third quarter for a 34-13 lead. They got louder and longer after that.

"I think tonight was really indicative of this season," Sumlin said. "It's one of the teams I thought in the country that truly got better every week."

Texas A&M never trailed while winning its last six games. That included its win at SEC champion Alabama, which plays for the BCS national title Monday night.

Manziel set an FBS bowl record with his 229 yards rushing on 17 carries, and completed 22 of 34 passes for 287 yards.

"Johnny Manziel is everything he was billed to be, expected him to be," said Oklahoma coach Bob Stoops, who after the game shook the quarterback's hand and told him "good job."

SEC teams have won the last five Cotton Bowls, all against Big 12 teams, and nine out of 10. That included Texas A&M's loss to LSU only two years ago.

Oklahoma, led by quarterback Landry Jones in his 50th career start, had 401 total yards as a team.

Jones completed 35 of 48 passes for 278 yards with a touchdown and an interception. He won 39 games and three bowls for the Sooners, in a career that started on the same field in the 2009 season opener when he replaced injured Heisman winner Sam Bradford in the first college game played at Cowboys Stadium.

Texas A&M led by only a point at halftime, but scored on its first three drives of the second half — on drives of 91 and 89 yards before Swope's score on a fourth-and-5 play.

Oklahoma (10-3), which like the Aggies entered the game with a five-game winning streak, went three-and-out on its first three drives after halftime.

"In the first half, we played together as a team, limited them, used the clock, scored. That's how you have to play them. In the second half it totally broke down offensively and defensively," Stoops said. "We had guys plenty of times in position to make a play. Couldn't make a play."

Already with a 24-yard gain on an earlier third down their opening drive, the Aggies had third-and-9, Manziel rolled to his left and took off. When he juked around a defender and got near the sideline, he tiptoed to stay in bounds and punctuated his score with a high-step over the pylon for a quick lead.

Officials reviewed the touchdown play, but it was clear by the replay shown on the huge video screen above the Cowboys Stadium field that Manziel stayed in bounds.

"There is too much talk about how you perform after the Heisman and about the layoff and all of that," said Manziel, who set an SEC record with his 4,600 total yards in the regular season. "There wasn't anything holding us back. No rust, there was no nothing. We played as a unit. ... To go out and win 11 games and do what we've done, is impressive."

Manziel added a 5-yard TD run on a bootleg play in the second quarter, and capped the scoring with a 34-yard pass to Uzoma Nwachukwu with 9 minutes left in the game.

The first TD run was Manziel's school-record 20th of the season. He became only the fourth FBS quarterback with 20 TDs rushing and 20 passing in the same season.

The other 20-20 quarterbacks were Auburn's Cam Newton and Florida's Tim Tebow, who like Manziel are Heisman winners from the SEC, and Nevada's Colin Kaepernick.

Oklahoma needed drives of 16 and 18 plays to get a pair of field goals by Michael Hunnicutt (23 and 24 yards). Jones threw a 6-yard TD pass to Justin Brown just before halftime to make it 14-13.

Jones set Cotton Bowl records when he had 23 completions and 30 attempts (for 175 yards) by halftime.

Ben Malena (7 yards) and Trey Williams (30 yards) had the TD runs to cap the long scoring drives in the third quarter for the Aggies.

Manziel was picked off in the second quarter after his bootleg move and a throw that hit Malcome Kennedy in the hands in the end zone and deflected into the air. Javon Harris grabbed the interception.

The Sooners then crossed midfield before Jones had a pass intercepted by Dustin Harris and returned to the Oklahoma 48.

That A&M drive started with a little trickery, Manziel holding the ball down in his left hand while faking a throw with his right hand. He then pitched to Kenric McNeal, who threw a 20-yard pass to Mike Evans. Two plays later, Manziel had his bootleg TD run.

Oklahoma was in the Cotton Bowl for only the second time. It was the first bowl matchup between the former Big 12 rivals, but the 17th consecutive season they have played each other.

The Sooners had won 11 of 13 since Bob Stoops became their coach. That included a 77-0 Oklahoma win in 2003 that was the most-lopsided loss in Texas A&M history.

Sumlin was the A&M offensive coordinator in 2002 when the Aggies upset the top-ranked Sooners. The next year, Sumlin was hired by Stoops as an assistant, and he stayed there five seasons before going to Houston as head coach and then the Aggies.

"Words can't describe how I feel," said Damontre Moore, A&M's leading tackler who has already said he will bypass his senior season for the NFL draft. "I'm just overwhelmed with excitement and joy, just to get such a big win, all the goals that we set for ourselves at the beginning of the season, to see them be accomplished. "

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F.D.A. Offers Rules to Stop Food Contamination

The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, which has sickened tens of thousands of Americans annually in recent years.

Nicole Bengiveno/The New York Times

Checking the temperature of lettuce at an Arizona farm. Safety measures would start at farms.

The proposed rules represent a sea change in the way the agency polices food, a process that currently involves taking action after contamination has been identified. It is a long-awaited step toward codifying the food safety law that Congress passed two years ago.

Changes include requirements for better record keeping, contingency plans for handling outbreaks and measures that would prevent the spread of contaminants in the first place. While food producers would have latitude in determining how to execute the rules, farmers would have to ensure that water used in irrigation met certain standards and food processors would need to find ways to keep fresh food that may contain bacteria from coming into contact with food that has been cooked.

New safety measures might include requiring that farm workers wash their hands, installing portable toilets in fields and ensuring that foods are cooked at temperatures high enough to kill bacteria.

Whether consumers will ultimately bear some of the expense of the new rules was unclear, but the agency estimated that the proposals would cost food producers tens of thousands of dollars a year.

A big question to be resolved is whether Congress will approve the money necessary to support the oversight. President Obama requested $220 million in his 2013 budget, but Dr. Margaret Hamburg, commissioner of the F.D.A., said “resources remain an ongoing concern.”

Nonetheless, agency officials were optimistic that the new rules would protect consumers better.

“These new rules really set the basic framework for a modern, science-based approach to food safety and shift us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine, said in an interview. The Food and Drug Administration is responsible for the safety of about 80 percent of the food that Americans consume. The rest falls to the Agriculture Department, which is responsible for meat, poultry and some eggs.

One in six Americans becomes ill from eating contaminated food each year, the government estimates; most of them recover without concern, but roughly 130,000 are hospitalized and 3,000 die. The agency estimated the new rules could prevent about 1.75 million illnesses each year.

Congress passed the Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.

But it took the Obama administration two years to move the rules through the regulatory agency, prompting complaints that the White House was more concerned about protecting itself from Republican criticism than about public safety.

Mr. Taylor said that the delay was a function of the wide variety of foods and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.

The first rule would require manufacturers of processed foods sold in the United States to come up with ways to reduce the risk of contamination. Food companies would be required to have a plan for correcting problems and for keeping records that government inspectors could audit.

An example might be to require the roasting of raw peanuts at a temperature guaranteed to kill salmonella, which has been a problem in nut butters in recent years. Roasted nuts would then have to be kept separate from raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.

“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”

The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat bacterial contamination like E. coli, which is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.

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Op-Ed Contributors: Is Google Like Gas or Like Steel?

AFTER a two-year investigation, the Federal Trade Commission concluded this week that Google’s search practices did not violate antitrust law. Those who wanted to see an epic battle like the one the government fought with Microsoft in the 1990s were sorely disappointed. But the analogy to the browser war of the Web’s early days was never the right one. It failed to capture the dangers free speech would have faced if regulators had agreed with Google’s critics.

The theories that many critics advanced — that search must be “neutral” because it is akin to a public utility, or that computer-generated search results are not speech and therefore not protected under the First Amendment — would have undermined free press principles across the Internet. That the F.T.C. decision permits Google to continue to use its judgment in analyzing search requests and presenting pertinent results is a victory for online expression and is consistent with First Amendment law since the 1940s.

Seven decades ago, a lawsuit against The Associated Press applied antitrust rules to the media and was resolved in a way that ultimately protected First Amendment interests. This case was always a better parallel than Microsoft to the F.T.C. investigation of Google. Like Google today, The A.P. had extraordinary influence. Then as now there were questions about whether something more than common antitrust law should govern companies that play such an important role in the delivery of information to the public.

Back then, the Justice Department alleged that A.P. bylaws allowed its member papers to impede local competitors by denying them access to The A.P.’s expansive news network. A trial court agreed but applied a theory far broader than routine antitrust law. It held that news was not an “ordinary” product like “steel” governed solely by antitrust, but rather something more “vital” because it was “clothed with a public interest.”

In other words, the trial court wanted to treat the mass media like a public utility, which carried considerable consequences. For example, while it would be illegal under antitrust law for a large steel company to conspire with competitors to fix prices, that company has no obligation to sell to every carmaker that wants steel. A public utility, on the other hand, has to serve everyone in the marketplace equally. Applying that standard to The A.P. would have opened the door to far broader regulation and could, in theory, have meant something as absurd as requiring newspapers to cover every press release or publish every letter to the editor.

When the case reached the Supreme Court in 1945, the modern understanding of the First Amendment, with its insistence on an independent news media, had yet to take shape. So it was with great significance that — even though The A.P. lost its appeal and had to allow more access to its services — the court steered entirely clear of the public-utility model. It looked instead to standard antitrust law in finding The A.P.’s conduct to be a classic restraint on trade.

The court went further in setting down a marker that to this day restrains government regulation of the media. Justice Hugo L. Black, who would become a leading champion of the First Amendment, wrote that nothing in the ruling could “compel A.P. or its members to permit publication of anything which their ‘reason’ tells them should not be published.”

This began a historic run in which the court transformed the media into an institution with the autonomy to serve as a check on government power. The First Amendment as we know it would look very different if public utility obligations had been forced onto the press that day.

If The A.P. was concerned about a regulator in every newsroom, Google was concerned about a regulator in every algorithm.

Advocates of aggressive action against Google saw the computer algorithms behind search as a utility that should be heavily regulated like the gas or electricity that flows into our homes. But search engines need to make choices about what results are most relevant to a query, just as a news editor must decide which stories deserve to be on the front page. Requiring “search neutrality” would have placed the government in the business of policing the speech of the Internet’s information providers. To quote Justice Black, it would have made search engines publish those results “which their ‘reason’ tells them should not be published.”

Others argued that the F.T.C. did not need to be guided by First Amendment concerns at all because search results are created by computers, not by human beings. Yet computers “speak” in many ways today. Lawmakers could have used F.T.C. precedent against Google to regulate the content of Amazon’s book recommendations, the locations on Bing’s maps, the news stories that trend on Facebook and Twitter, and many other online expressions of social and political importance.

The F.T.C. resisted these harmful theories, and as a result speakers all over the Internet won. But that doesn’t mean Google is exempt from regulation. The First Amendment is not a grant of immunity for any business, and antitrust scrutiny does not end where editorial judgment begins. But the A.P. case shows that antitrust laws can be enforced while protecting the right of a free press to print what it chooses and nothing more.

This makes regulation of the media difficult. But regulating speech should not be easy, like regulating a public utility, but hard, as the F.T.C. has correctly found.

Bruce D. Brown is the executive director of the Reporters Committee for Freedom of the Press and a lecturer at the University of Virginia Law School. Alan B. Davidson is a visiting scholar at M.I.T.’s Technology and Policy Program and a former director of public policy for the Americas at Google.

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Israel Prostitutes Find New Lives in Fashion Courses

Rina Castelnuovo for The New York Times

Alona, far left, and Aviva, far right, learning fashion at a course run by Iris Stern Levi, left center, and Lilach Tzur Ben-Moshe.

TEL AVIV — For 20 years Aviva, 48, flamboyant and transgendered, worked the streets of the business district of this Mediterranean city, as well as the seedy square mile around the central bus station and the Tel Baruch beach, once a notorious hub of Israeli prostitution that has become a spruced up stretch of sandy coast.

Alona, 40, immigrated to Israel with her parents from Ukraine in the early 1990s. Her circumstances quickly degenerated from working in a casino to a life derailed by debts, drugs and prostitution. When she was not in prison, the squalid streets around the bus station became her home.

“In the streets there was no toilet, no toilet paper,” Alona said. “I forgot a lot of things, like how to look after myself, to love myself. I learned to survive.”

Now, in an endeavor as far removed from their former lives as the gleaming banks and trendy boutiques of Tel Aviv are from the city’s sleazy subculture, the two, who asked to be identified only by their first names, recently completed a free course in styling and the retail clothing business. Along with other former prostitutes who have received similar training in dress design and sewing, they are now aiming to find a place in the world of fashion. There is always demand for sales staff in Tel Aviv’s bustling stores, and one talented graduate even went on to a professional design school on a scholarship.

“The course gave me a lot of self-confidence and knowledge,” Aviva said. “Maybe one day I’ll be able to start something of my own. When they gave me the certificate — the first in my life — I was proud of myself. I’d done something positive.”

The idea for the program grew up from the underside of Tel Aviv.

The program’s initiator, Lilach Tzur Ben-Moshe, was working as a fashion writer and editor at a leading Hebrew news Web site and volunteering at the city’s rape crisis center when, four years ago, she moved to the dilapidated Shapira Quarter near the bus station. Her squalid new neighborhood exposed her to the full misery of the sex trade, and she determined to help women to leave it.

“I didn’t want just to answer the phone in the help center,” she said. “I wanted to offer something more optimistic, more beautiful, the opposite of that awful world of prostitution.”

With an estimated 15,000 to 20,000 prostitutes in Israel, a country of about eight million people, antiprostitution campaigners say the industry has an annual turnover of more than half a billion dollars. While it is illegal to pimp or to run a brothel, prostitution is not a criminal offense in Israel. There are efforts to promote new legislation that would impose criminal penalties on people who are clients of prostitutes.

Up until a few years ago Israel was a prime destination for traffickers of women. An estimated 3,000 women per year were smuggled in, mostly from Eastern Europe, to work in the sex industry. That number has declined since Israel passed an antitrafficking law in 2006, according to the United States State Department Trafficking in Persons Report of 2012, and most of the prostitutes here are now said to be Israelis.

At around the same time as Ms. Tzur Ben-Moshe’s move to the Shapira Quarter, Israel’s first hostel for women trying to get out of prostitution and undergoing rehabilitation, Saleet, opened nearby. Ms. Tzur Ben-Moshe built the first course with Ido Recanati, a local fashion designer, offering women from the hostel training in sketching, fabrics and stitching. She then teamed with Iris Stern Levi, who had worked for 20 years at the rape crisis center. They founded an association, called Turning the Tables, and now are directors of the program, whose weekly sessions take place over a period of several months. Some students come from the hostel; some via Elem, an Israeli organization for youths in distress; and some are from a shelter for women straight out of prison.

Financing has come from the National Council of Jewish Women, an American organization of volunteers and advocates of social justice, as well as local companies and private individuals. Many Israelis connected with the fashion industry — designers, fabric suppliers and the Gertrude fashion house among others — have donated time and materials.

The efforts, Ms. Tzur Ben-Moshe said, are “our little bit, to show there’s a way out.”

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Facebook updates Messenger app to support voice messages

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Oregon runs past K-State 35-17 at Fiesta Bowl

GLENDALE, Ariz. (AP) — De'Anthony Thomas caught the opening kickoff, raced past Oregon's sideline and leaned his head into the end zone like a sprinter crossing the finish line.

The track meet had started and the fifth-ranked Ducks barely looked back after that.

Triggered by Thomas' 94-yard return, Oregon bolted by No. 7 Kansas State 35-17 Thursday night at the Fiesta Bowl in what may have been coach Chip Kelly's final game with the Ducks.

"I felt like my role in this game was to be a momentum-builder and a game-changer," Thomas said. "Once I saw that edge, I wanted to get to the end zone as fast as I could so I could celebrate with my teammates."

They did it a lot.

Teams that had that national title aspirations end on the same day, Oregon and Kansas State ended up in the desert for a marquee matchup billed as a battle of styles: The fast-flying Ducks vs. the execution-is-everything Wildcats.

With Kelly reportedly talking to several NFL teams, Oregon (12-1) was too much for Kansas State and its Heisman Trophy finalist, Collin Klein, turning the game into a try-to-keep up race from the start.

Thomas followed his before-everyone-sat-down kickoff return with a 23-yard touchdown catch, finishing with 195 total yards.

Kenjon Barner ran for 143 yards on 31 carries and scored on a 24-yard touchdown pass from Marcus Mariota in the second quarter. Mariota later scored on a 2-yard run in the third quarter, capped by an obscure 1-point safety that went in the Ducks' favor.

Even Oregon's defense got into the act, intercepting Klein twice and holding him to 30 yards on 13 carries.

"We got beat by a better team tonight, combined by the fact that we let down from time to time," coach Bill Snyder said after Kansas State's fifth straight bowl loss.

Whether Kelly leaves Eugene or not, he had a good run, leading the Ducks to four straight trips to BCS bowls, the last two wins.

Ducks fans sure let him know how they felt, chanting "We want Chip!" just before he was handed the massive Fiesta Bowl trophy.

"Our focus was on this game tonight," Kelly said. "If for some reason, someone wanted to talk to me, it's because of those players over there. We have an unbelievable team, an unbelievable program and any success is because of those guys."

Last year's Fiesta Bowl was an offensive fiesta, with Oklahoma State outlasting Stanford 41-38 in overtime.

The 2013 version was an upgrade: Nos. 4 and 5 in the BCS, two of the nation's best offenses, dynamic players and superbly successful coaches on both sides.

Oregon has become the standard for go-go-go football under Kelly, its fleet of Ducks making those shiny helmets — green like Christmas tree bulbs for the Fiesta Bowl — and flashy uniforms blur across the grassy landscape.

Their backfield of Thomas, Barner and Mariota made up a three-headed monster of momentum, each one capable of turning a single play into a scoring drive of 60 seconds or less.

Mariota has been the show-running leader, a question mark before the season who ably ran Oregon's high-octane offense as the first freshman quarterback to start for the Ducks since Danny O'Neil in 1991.

Oregon won the Rose Bowl for the first time in 95 years last season and was in position for a spot in the BCS title game this year before losing a heartbreaker to Stanford on Nov. 17.

Thomas offered the first flash of speed, picking up a couple of blocks and racing toward a not-so-photo finish at the line. The Ducks, are they are apt to do, went for 2 on the point-after and converted on a trick play to go up 8-0 in the game's first 12 seconds.

It was the second straight day a BCS bowl began with a quick strike; Louisville returned an interception for a touchdown against Florida on the first play of the Sugar Bowl Wednesday night.

Thomas hit the Wildcats (11-2) again late in the first quarter, breaking a couple of tackles and dragging three defenders into the end zone for a catch-and-run TD that put the Ducks up 15-0.

It's nothing new for Oregon's sophomore sensation: He had 314 total yards and two long touchdown runs in the 2012 Rose Bowl. The Ducks are used to it, too, after averaging more than 50 points per game.

And they kept flying.

Oregon followed a missed 40-yard field goal by Kansas State's Anthony Cantele by unleashing one of its blink-and-you'll-miss-it scoring drives late in the second quarter. Moving 77 yards in 46 seconds, the Ducks went up 22-10 at halftime after Mariota hit Barner on 24-yard TD pass.

Alejandro Maldonado hit a 33-yard field goal on Oregon's opening drive of the third quarter and Mariota capped a long drive with an easy 2-yard TD run to the left. Kansas State's Javonta Boyd blocked the point-after attempt, but even that went wrong for the Wildcats: Chris Harper was tackled in the end zone for a bizarre 1-point safety that put Oregon up 32-10.

It was the first 1-point safety in major college football since 2004 when Texas did it against Texas A&M, STATS said.

"There were so many things that could have changed the outcome of this game," Kansas State linebacker Arthur Brown said.

Kansas State had gone through its second revival under Snyder, the studious coach who never lost touch with the game or players young enough to be his grandchildren during a three-year retirement.

The 73-year-old followed up the Manhattan Miracle by returning to lead the Wildcats back to national prominence with his attention-to-detail ways.

Klein has led K-State's meticulous march this season, a fifth-year senior who plays in the mold of the college version of Tim Tebow: Gritty, humble, finds a way to win, whatever it takes.

Like the Ducks, the Wildcats had their national-title hopes stamped out on Nov. 17, blown out by Baylor with a rare letdown on both sides of the ball.

Kansas State needed a little time to get its wheels spinning on offense, laboring early before Klein scored on a 6-yard run early in the second quarter.

Klein kept the Wildcats moving in the quarter, though not toward touchdowns: Cantele hit a 25-yard field goal and missed from 40 after a false-start penalty.

Klein hit John Hubert on a 10-yard touchdown pass early in the fourth quarter, but all that did was cut Oregon's lead down to 32-17.

He threw for 151 yards on 17 of 32 passing.

"It wasn't really complicated," Kelly said of slowing Klein. "He's a great player, one of the greats of college football. I had my heart in my throat a couple of times watching him around, but out guys just made plays when they had to make plays."

By doing so, they may have put a nice exclamation point on Kelly's college career.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Deepwater Horizon Owner Settles With U.S. Over Oil Spill in Gulf of Mexico

The driller whose floating Deepwater Horizon oil rig blew out in 2010, causing a massive oil spill, has agreed to settle civil and criminal claims with the federal government for $1.4 billion, the Justice Department announced Thursday.

The Deepwater Horizon exploded, burned and sank in April 2010. Eleven men were killed and millions of gallons of oil flowed into the Gulf of Mexico and fouled the shores of coastal states. The well, known as Macondo, was owned by British oil giant BP, which settled its own criminal charges and some of its civil charges in November for $4.5 billion.

While this settlement resolves the government’s claims against Transocean, that company and the others involved in the spill still face the sprawling, multistate civil case, which is scheduled to begin in February in New Orleans. In a deal filed in federal court in New Orleans, a subsidiary, Transocean Deepwater, agreed to one criminal misdemeanor violation of the Clean Water Act and will pay a fine of $100 million. Over the next five years, the company will pay civil penalties of $1 billion, the largest ever under the act.

As part of the criminal settlement, Transocean also agreed to pay the National Academy of Sciences and the National Fish and Wildlife Foundation $150 million each. Those funds will be applied to oil spill prevention and response in the Gulf of Mexico and natural resource restoration projects. The agreement will be subject to public comment and court approval. The company agreed to five years of monitoring of its drilling practices and improved safety measures.

In a statement, Transocean Ltd., the Switzerland-based parent of the rig owner, said that the company thought these were “important agreements” and called them a “positive step forward” that were “in the best interest of its shareholders and employees.” Of the 11 men killed on the rig, the company said, “their families continue to be in the thoughts and prayers of all of us at Transocean.”

The company announced in September that it had set an “estimated loss contingency” of $1.5 billion against the Justice Department’s claims.

Shares of Transocean Ltd. rose nearly 3 percent on the news, to close at $49.20.

In a statement, Lanny A. Breuer, assistant attorney general for the Justice Department’s Criminal Division, suggested that Transocean had played a subservient and lesser role in the disaster to that of BP: “Transocean’s rig crew accepted the direction of BP well site leaders to proceed in the face of clear danger signs — at a tragic cost to many of them.” He said that the $1.4 billion “appropriately reflects its role in the Deepwater Horizon disaster.”

Under a law passed last year, 80 percent of the penalty will be applied to projects for restoring the environment and economies of gulf states.

That fact was applauded by a coalition of Gulf Coast restoration groups, including the Environmental Defense Fund and the National Audubon Society. A joint statement called this “a great day for the gulf environment and the communities that rely on a healthy ecosystem for their livelihoods.”

Still, the penalty struck some experts in environmental law as somewhat light. David M. Uhlmann, who headed the Justice Department’s environmental crimes section from 2000 to 2007, praised the size of the civil settlement, which he said “reflects the scope of the gulf oil spill tragedy.”

He argued, however, that the criminal penalty should have been at least as onerous, “given Transocean’s numerous failures to drill in a safe manner, which cost 11 workers their lives and billions of dollars in damages to communities along the gulf.” The settlement, he said, should have included seaman’s manslaughter charges, which were part of the BP settlement.

As for the company’s role in following the lead of BP, he said, “following orders is not a defense to criminal charges.”

At the Environmental Protection Agency, Cynthia Giles, assistant administrator for the office of enforcement and compliance assurance, called the settlement “an important step” toward holding Transocean and others involved in the spill accountable. “E.P.A. will continue to work with D.O.J. and its federal partners to vigorously pursue the government’s claims against all responsible parties and ensure that we are taking every possible step to restore and protect the Gulf Coast ecosystem,” she said.

The multistate trial over claims in the Deepwater Horizon cases that have not been settled are scheduled to begin in February. Stephen J. Herman and James P. Roy, lawyers who represent the steering committee of plaintiffs in the cases, said that Thursday’s settlement did not change the case, and that the plaintiffs thought that BP, Transocean and Halliburton “will be found grossly negligent” at trial.

BP continued its longstanding argument that the accident, in the words of the spokesman Geoff Morrell, “resulted from multiple causes, involving multiple parties,” and that other companies had to shoulder their share of the blame.

Transocean, Mr. Morrell said in a statement, “is finally starting, more than two-and-a-half years after the accident, to do its part for the Gulf Coast.” He then turned his attention to the other major contractor on the well, and said, “Unfortunately, Halliburton continues to deny its significant role in the accident, including its failure to adequately cement and monitor the well.”

Beverly Blohm Stafford, a Halliburton spokeswoman, said that the company “remains confident that all the work it performed with respect to the Macondo well was completed in accordance with BP’s specifications for its well construction plan and instructions,” and so Halliburton, she said was protected from liability through indemnity provisions of its drilling contract.

“We continue to believe that we have substantial legal arguments and defenses against any liability and that BP’s indemnity obligation protects us,” she said. “Accordingly we will maintain our approach of taking all proper actions to protect our interests.”

This article has been revised to reflect the following correction:

Correction: January 3, 2013

An earlier version of this story misstated the size of the spill. It was not the nation’s biggest oil spill.

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