Stem cell work will go on. But the shape of its long-term future is a mystery.

A court ruling yesterday that said the federal government can’t fund embryonic stem cell research even if no money goes to destroying embryos has thrown the field into confusion. Today, though, NIH head Francis Collins says that while the government can’t fund new projects (at least until the legal dispute is resolved), researchers in the middle of federally funded projects can continue.

The legal mess around embryonic stem cell research just got messier. Yesterday a U.S. district judge ruled that President Obama’s expansion of federal financing for the research, enacted last year when he lifted the Bush-era restrictions on creating new stem cell lines, was a violation of federal law.

Judge Lamberth ruled that the administration’s policy violated the clear language of the Dickey-Wicker Amendment, a law passed annually by Congress that bans federal financing for any “research in which a human embryo or embryos are destroyed, discarded or knowingly subjected to risk of injury or death” [The New York Times].

Here’s the gist of what happened: The Obama Administration said that its policy fit with Dickey-Wicker because no federal dollars financed the destruction of embryos. Under the new rules the few stem cell lines approved by the Bush administration were OK, and so were new ones from embryos that had already been discarded because they weren’t needed for fertility treatments anymore—if the donors had given their consent to the embryos being used for research purposes. In this compromise position, taxpayer money wouldn’t be used to create new stem cell lines from embryos, but federally funded researchers could work with new stem cell lines created by privately financed scientists.

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Los Angeles police say that Lonnie Franklin Jr. may be the “grim sleeper” serial killer they have sought for more than 20 years. And if indeed they do have their man, they have his son to thank—for getting arrested himself.

Franklin is one of the first major suspects nabbed by police using familial DNA. With this controversial method, investigators look for partial matches between DNA left at a crime scene and DNA profiles that are stored in police databases; a partial match may indicate that the person is related to the target individual sought by the cops.

The trail began to heat up when the DNA of Franklin’s son was entered in a state database after he was convicted in a weapons case, authorities said. The son’s DNA was similar to genetic material found on the victims, and authorities soon began following around Franklin to get his DNA and see if he was the suspected killer [AP].

The cops posed as waiters at a restaurant where the elder Franklin ate, which is how they obtained a complete DNA sample from him–they grabbed a plate and napkin he tossed after eating a slice of pizza. The investigators say that when they found the match to the samples in their evidence, it eased 25 years of frustration at not being able to track him down.

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I know, I know—after the flawless execution of the perfect crime, all you want to do is put your feet up at a bar with a patio and savor a cold one. However, a new study out in the Journal of Agricultural and Food Chemistry says that the bottle of Budweiser is just filling your body with incriminating evidence.

It’s no secret that traces of what you consume can end up in your hair (hence hair-based drug tests). The researchers wanted to know if they could find a signature in those traces that would show not just what you’ve been using, but also where it came from. So they traveled to a bunch of different U.S. cities and tested out a few of America’s favorite beverage products—Budweiser, Coke, and bottled water—to see if their chemical fingerprints matched up with the fingerprint of the local water supply.

Researchers found that water samples from 33 cities across the United States could be reliably traced back to their origin based on their isotope ratios. And because the human body breaks down water’s constituent atoms of hydrogen and oxygen to construct the proteins that make hair cells, those cells can preserve the record of a person’s travels [ScienceNOW].

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The nation’s political focus this week is on the plodding confirmation hearings for Elena Kagan to become a  Supreme Court justice. But if you need a break from choreographed political spectacle, it’s a good time to remember that the man she would replace, Justice John Paul Stevens, casts a long shadow over science and tech.

Ars Technica revisits Justice Stevens’ legacy—he was a onetime Navy cryptographer who helped Internet freedom by ruling against parts of the Communications Decency Act and opposing software patents. And if you still have drawers full of Star Trek: The Next Generation episodes you taped off TV, you have Stevens’ decision in Sony v. Universal to thank for that (as well as setting the precedent that stopped the music industry from suppressing mp3 players).

In that 1984 case, the Supreme Court came just one vote short of banning the Betamax VCR on the grounds that taping television shows off the air was an infringement of copyright. Justice Stevens wrote for a 5-4 majority that “time shifting”—the practice of recording shows for later viewing—was a fair use under copyright law. Stevens concluded that manufacturers were not liable for their customers’ infringement if their devices were capable of “substantial non-infringing use.” He noted that Congress was free to amend copyright law to give Hollywood control over VCR technology, but concluded that the courts shouldn’t do so unilaterally [Ars Technica].

You, sir, shall be missed.

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DISCOVER: The Intellectual Property Fight That Could Kill Millions

Image: Library of Congress

A federal judge overseeing a case in Tennessee has rejected the use of functional MRI brain scans as evidence of a person’s veracity in court proceedings. As DISCOVER noted before, the Tennessee case follows one in Brooklyn where the judge also said no under New York State law. Together, the two rulings mean it could be a long time before lawyers can admit brain scans as evidence of truth-telling in courts.

Lorne Semrau was seeking to include the results of scans as part of his defense in a Medicare and Medicaid fraud case being heard in a federal court in Tennessee. But while Judge Pham agreed that the technique had been subject to testing and peer review, it flunked on the other two points suggested by the Supreme Court to weigh cases like this one: the test of proven accuracy and general acceptance by scientists [ScienceNOW].

Proponents of fMRI lie detection claim that monitoring a suspect’s brain while he answers questions about his behavior and the allegations against him can reveal whether he’s answering honestly or lying. But while the utility of fMRI brain scans is accepted in many areas of brain research, most neuroscientists say their usefulness as lie detectors is still an open question.

Wide acceptance among scientists is also a part of the New York standard with which Judge Robert H. Miller rejected fMRI as evidence in the Brooklyn case. So while fMRI lie detection experiments continue to undergo peer review, the technique likely won’t become admissible evidence anywhere until the scientific community begins to accept that such scans really could identify honesty at a reasonable level of confidence.

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Not just yet.

The day probably will come when functional MRI brain scans become viable evidence in American courts, but thanks to a ruling in a Brooklyn case this week, that day is yet to come.

DISCOVER covered the details of the case two weeks ago—a woman sued her former employer claiming she was treated poorly after complaining of sexual harassment, and wanted fMRI scans admitted as evidence to validate the credibility of a witness. But Judge Robert H. Miller has now denied the request under New York State’s Frye test, which says, among other things, that expert testimony is only admissible if it’s widely accepted in the scientific community. As we saw yesterday when we covered the optogenetics tests designed to verify fMRI results, there are still lingering doubts about the technique’s reliability.

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This Wednesday, the United States District Court in Manhattan came down in favor of the Recording Industry Association of America (RIAA) in its case against the file-sharing service LimeWire, and founder Mark Gorton, over copyright infringement.

In a fairly unusual move, Judge Wood held Gorton personally liable. “The evidence establishes that Gorton directed and benefited from many of the activities that gave rise to LW’s liability,” she wrote [Wall Street Journal].

The decision was a long time in coming. Nine years have passed (seriously, nine years) since the federal ruling against Napster back in 2001. Most file-sharing services gave up after the 2005 decision against Grokster, the Journal says, but LimeWire held out. So the record companies sued in 2006, and finally won.

This looks like the end for LimeWire.

“It is obviously a fairly fatal decision for them,” said Michael Page, the San Francisco lawyer who represented file sharing service Grokster in the landmark case, MGM Studios vs. Grokster, and also represented LimeWire’s former CTO in the company’s most recent copyright case. “If they don’t shut down, the other side will likely make a request for an injunction and there’s nothing left but to go on to calculating damages” [CNET].

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In a far-reaching judgment that could have major implications for the biotech industry, a federal judge in Manhattan has struck down patents related to two human genes linked to hereditary breast and ovarian cancers, BRCA1 and BRCA2.

Myriad Genetics held the patents, and women who want to find out if they have a high genetic risk for these cancers have to get a test sold by Myriad, which costs more than $3,000. Plaintiffs in the case had said Myriad’s monopoly on the test, conferred by the gene patents, kept prices high and prevented women from getting a confirmatory test from another laboratory [The New York Times]. In his decision, United States District Court Judge Robert W. Sweet found that the company’s patents were invalid because the genes are “found in nature,” and products of nature can’t be patented. In essence, he agreed with the plaintiffs’ argument that the genetic code contained in each human being’s cells shouldn’t be private property.

Tuesday’s decision, if upheld, could have wide repercussions for the multi-billion dollar biotech industry, which is built on more than 40,000 gene patents. Already, about 20 percent of the human genes have been patented. The decision, however, is not binding on other federal courts and other judges may or may not abide by it. But it does the set the stage for years of litigation over other gene patents. Myriad Genetics plans to appeal the judgment.

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You never know who is checking out your Facebook profile, reading your tweets, or looking at your MySpace messages. But if you broke the law or are under scrutiny from the feds, then the FBI may already be “following” your online activities on different social networking sites like Twitter, Facebook, MySpace, and LinkedIn.

A new internal Justice Department document obtained by San Francisco-based civil liberties group, Electronic Frontier Foundation (EFF), details how federal agencies like the IRS and the FBI are now using social media to monitor suspects’ online activities and also track down their whereabouts. The document, obtained in a Freedom of Information Act lawsuit, makes clear that U.S. agents are already logging on surreptitiously to exchange messages with suspects, identify a target’s friends or relatives and browse private information such as postings, personal photographs and video clips [AP].

The investigators are also using the sites to check suspects’ alibis with details of their whereabouts posted on Facebook and Twitter. And online photos from a suspicious spending spree — people posing with jewelry, guns or fancy cars — can link suspects or their friends to robberies or burglaries [AP].

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If you thought that fingerprints or DNA fragments were the only bits of forensic evidence that could pin you to a scene of a crime, then think again. Researchers at the University of Colorado, Boulder have found preliminary evidence suggesting that you can be identified from the unique mix of bacteria that lives on you.

Each person, they say, is a teeming petri dish of bacteria, but the composition varies from person to person. Every place a person goes and each thing he touches is smudged with his unique “microbial fingerprint.” The bacterial mixes are so specific to individuals that researchers found that they could pair up individual computer keyboards with their owners–just by matching the bacteria found on the keyboard to the bacteria found on the person’s fingertips. Describing their findings in the journal Proceedings of the National Academy of Sciences, scientists write that that if this bacterial fingerprint technique is refined, it could one day help in forensic investigations.

The Human Microbiome Project has already found that different body parts harbor different kinds of microbes. Study coauthors Noah Fierer and Rob Knight note that these colonies don’t change much over time. No amount of hand-washing will change a person’s microbial make-up, they say.

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After six years of legal wrangling, a New York judge is set to approve a $657 million settlement package for thousands of rescue workers and volunteers who became sick after working on the cleanup of the World Trade Center site. The workers, who had sued the City of New York and other officials for their subsequent illness, can now settle their injury claims. Marc Bern, one of the lawyers representing the workers, said many of his clients were “first responders” at the site when the twin towers collapsed on September 11, 2001. After the work, some found their health deteriorated, with many suffering from asthma, other respiratory issues and blood cancer [CNN].

The money for the claims will come from a $1 billion federal grant to the WTC Captive Insurance Co., created to indemnify the city and its contractors against the flood of lawsuits [Daily News]. The workers have 90 days to look through the proposed settlement and decide if they like it. If 95 percent of the plaintiffs approve of the package, then the settlement will stand at $575 million. If 100% approve, the settlement goes up to $657 million [Daily News].

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From 2002 until a lawsuit last year, the state of Texas took the small blood samples taken from newborns to screen for diseases, and saved them without the parents’ consent. Texas always said it did this for research purposes, of which there are many. But there was a wee detail about all this that didn’t come to light until an investigation published this week in the Texas Tribune. According to the Tribune, between 2003 and 2007, Texas quietly handed over 800 of those samples to the military for a project to create a database of mitochondrial DNA, which people inherit from their mother.

Like virtually every state, Texas routinely screens almost all newborns for rare diseases, collecting a few drops of blood at birth. In recent years many states, Texas included, have stored the samples and offered them up for research, mainly in pediatrics [ScienceInsider]. Because the samples are anonymous, researchers decided it was okay to use them without parental consent. However, the Tribune’s investigation uncovered emails showing Texas state officials publicized the use of DNA taken from newborns in studies on childhood disease, but deliberately dissuaded state employees from divulging the use of baby blood in establishing a DNA database [Popular Science].

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An Italian court in Milan has just convicted three Google executives of criminal charges. The court found them liable for an online video that they did not appear in, film, or have any role in posting, and which the company promptly removed when complaints about it were raised. The Italian court, however, still held them responsible for the video and sentenced them to suspended six-month sentences. Experts say the case sets a dangerous precedent, and could dramatically restrict online content in Italy.

Thousands of people post videos each hour on YouTube and Google Video, and various court cases have questioned whether Google, which owns YouTube, is liable for every video that infringes on someone’s copyright or is deemed offensive to its viewers. Google has argued that it’s only liable if offensive material stays up on its site despite complaints against it, and says that if the company takes complained-about videos down, it has no legal liability–like the rules it faces under U.S. law. Italy apparently disagrees.

The case pertains to a video that was posted to Google Video in 2006 showing four youths in Turin bullying a 17-year old who suffers either from Down Syndrome or autism (reports vary). The video received 12,000 views before the Italian police brought it to Google’s notice. The company immediately took it down, and Google then helped the cops find the person who uploaded it, resulting in the identification (and school expulsion) of the four bullies. But the Google executives, who include David Drummond, Google’s senior vice president and chief legal officer, and George Reyes, Google’s former chief financial officer, were charged and convicted for criminal defamation and a failure to protect the privacy of the bullied teen.

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Besides the challenges of integrating variable wind power into an electrical grid built with fossil fuel plants in mind, wind farms also must clear the hurdle of showing that their turbines don’t pose a danger to wildlife. The latter issue has now thrown a wrench into the construction of a $300 million West Virginia wind farm, after a judge ruled it would threaten endangered bats.

U.S. District Judge Roger W. Titus ruled that Chicago-based Invenergy can complete 40 windmills it has begun to install on an Appalachian ridge in Greenbrier County. But he said the company cannot move forward on the $300 million project — slated to have 122 turbines along a 23-mile stretch — without a special permit from the U.S. Fish and Wildlife Service [Washington Post].

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