How did the FBI access Petraeus' email?

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So how and when can the FBI access a citizen's personal email account? That is a key issue in the investigation surrounding General David Petraeus.



The governing law is the Stored Communications Act, which provides that a "government entity" may require a provider of electronic communication service to disclose "contents of a wire or electronic communication" that has been in storage for 180 days or less, as long as it has a warrant. A warrant requires a specific showing of probable cause that a particular crime is being committed.



If the email has been in storage for 180 days or more, the government must provide an administrative subpoena or a court order. This is a less exacting standard that does not require probable cause.



But what about if the email is the private account of a government official - such as the director of the CIA? Here there could be some exceptions.



For one, people with high security positions often sign disclosure forms, saying they could waive their rights to private email accounts. Also, standards are more lax if the government is accessing or investigating the use of a government email account.



"The million dollar question," said Stephen I. Vladeck of American University Washington College of Law, "is why, before it became clear that General Petraeus was involved in this investigation, was it such a high priority for the FBI in the first place? The answer might be that someone just called in a favor."



Vladeck said that the FBI might flag a cyber harassment claim between two citizens, but absent a large threat or a deeper connection to another ongoing investigation they would not drop everything to investigate.



Catherine Crump of the ACLU said that until the details come out it is almost impossible to draw conclusions regarding the government's action.



In broad terms, civil libertarians believe the government should always have a warrant to access email even if it is more than 180 days old.



Crump said she believes that if the government got a warrant to access historical emails, and then even got another one when it discovered it needed more, it was complying with the law.



If, on the other hand, the government was monitoring emails in real time, that could raise questions.



"If there is a lesson here, it is about how incredibly difficult it is for anyone to do anything anonymously," said Crump. "You leave an electronic trail wherever you go. Given this new reality in which we all create permanent records of everything we say and do, it is all the more important that law enforcement be subjected to clear rules about what they can or cannot do."


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Israel kills Gaza rocket crewman in second day of clashes

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GAZA (Reuters) – An Israeli air strike killed a Palestinian militant in the Hamas-governed Gaza Strip on Sunday as a surge in cross-border violence entered its second day, local officials said.


Islamic Jihad, a smaller faction than Hamas which often operates independently, identified the dead man as one of its own, saying he was a member of a rocket crew hit by an Israeli missile in Jabalya, northern Gaza.













The Israeli military confirmed carrying out an air strike in the area. The death brought to six the number of Palestinians killed by Israel since four of its troops were hurt in a missile attack on their jeep along the Gaza boundary fence.


Islamic Jihad said it had fired 70 short-range rockets and mortar bombs across the border since Saturday, salvoes which drove Israeli residents to blast shelters. At least one Israeli, in the town of Sderot, was wounded, ambulance workers said.


Israel described the jeep ambush as part of a Palestinian strategy of trying to curb its countermeasures against possible cross-border infiltration. Israeli forces often mount hunts for tunnels and landmines on the inside of the Gaza boundary, creating a no-go zone for Palestinians.


“Of course we don’t accept their attempt to change the rules,” Defence Minister Ehud Barak told Israel’s Army Radio.


“The essence of the struggle is over the fence. We intend to enable the IDF (Israel Defence Forces) to work not just on our side but on the other side as well.”


Palestinians said four of Saturday’s dead were civilians hit by an Israeli tank shell while paying respects at a crowded mourning tent in Gaza’s Shijaia neighborhood. Israel denies targeting civilians.


The bloodshed puts internal pressure on Hamas, which, though hostile to the Jewish state, has sat out some of the recent rounds of violence as it tried to consolidate its Gaza rule and reach out to neighboring Egypt and other foreign powers.


Israel blames Hamas for any attacks emanating from Gaza, but has shown little appetite for a major sweep of the territory which might strain its own fraught ties to the new Islamist-rooted government in Cairo.


(Writing by Dan Williams; Reporting by Nidal al-Mughrabi; Editing by Todd Eastham)


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Bond bounds back to top of box office in “Skyfall”

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LOS ANGELES (Reuters) – The new James Bond movieSkyfall” dominated movie box offices with $ 87.8 million in ticket sales in its U.S. and Canadian debut over the weekend for the biggest Bond opening ever, according to studio estimates released on Sunday.


Skyfall,” starring Daniel Craig as the famous super-spy, finished ahead of last weekend’s winner, family film “Wreck-It Ralph.” The animated Walt Disney Co movie about a videogame character grabbed $ 33.1 million from Friday through Sunday.













In third place, the Denzel Washington drama “Flight” earned $ 15.1 million. The movie tells the story of an airline captain who saves his plane from crashing but is accused of drinking before the flight.


Sony Corp’s movie studio released “Skyfall.” “Flight” was distributed by Paramount Pictures, a unit of Viacom Inc.


(Reporting by Lisa Richwine; Editing by Will Dunham)


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Novartis drug helps patients with rare inflammatory diseases

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ZURICH (Reuters) – Novartis‘ Ilaris helps reduce patients’ symptoms and the frequency of attacks in two rare inflammatory diseases, mid-stage studies showed, as the Swiss drugmaker looks to expand the use of the medicine.


Results of two separate studies on Sunday in patients with Familial Mediterranean Fever (FMF) and TRAPS – rare genetic diseases which can cause fever, rash and joint pain – both met their primary endpoints, Novartis said in a statement.













Both studies are being presented at the American College of Rheumatology (ACR) meeting in Washington D.C.


Ilaris or ACZ885, which blocks a protein called interleukin-1 beta that is thought to increase inflammation, is already sold for treating cryopyrin-associated periodic syndromes, a rare inflammatory disorder.


Novartis is also hoping to file the drug this year for regulatory approval in systemic juvenile idiopathic arthritis (SJIA), a debilitating disease that can affect a child’s growth.


Results of the phase II study showed the drug helped 100 percent of FMF patients reduce the frequency of attacks by at least 50 percent during three months of treatment.


Eight of the nine patients in the trial did not have an attack during the three months and blood markers of inflammation also normalized.


There are currently no approved treatments for FMF or TRAPS, rare genetically-inherited anti-inflammatory diseases, which can affect both children and adults.


Novartis is hoping to show the drug can be beneficial in treating rare inflammatory diseases after receiving a setback last year when U.S. health regulators rejected Ilaris for use in gout over concerns about side effects.


New data from a mid-stage study on the use of Ilaris in TRAPS showed that patients who came off therapy after being treated with the drug did not have a relapse for three months on average.


Earlier data from the study showed that 90 percent of patients experienced a significant improvement in symptoms after just one week of treatment with Ilaris. This rose to 95 percent after two weeks.


(Reporting by Caroline Copley; Editing by Elaine Hardcastle)


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Obama honors sacrifice made by nation's veterans

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WASHINGTON (AP) — President Barack Obama paid tribute at a Veterans Day ceremony at Arlington National Cemetery to "the heroes over the generations who have served this country of ours with distinction."

He said the wreath he laid earlier at Tomb of the Unknowns was intended to remember every service member who has worn a uniform and served the nation.

In a speech at the Memorial Amphitheater during the brisk, sunny morning, Obama said America will never forget the sacrifice made by its veterans and their families.

"No ceremony or parade, no hug or handshake is enough to truly honor that service," the president said, adding that the country must commit every day "to serving you as well as you've served us."

He spoke of the Sept. 11 generation, "who stepped forward when the Towers fell, and in the years since have stepped into history, writing one of the greatest chapters in military service our country has ever known. You've toppled a dictator and battled an insurgency in Iraq. You pushed back the Taliban and decimated al-Qaida in Afghanistan. You delivered justice to Osama bin Laden."

Obama also said this was the first Veterans Day in a decade with no American troops fighting and dying in Iraq, and that a decade of war in Afghanistan is coming to a close.

Over the next few years, he said, more than 1 million service members will make the transition to civilian life. As they come home, Obama urged their fellow citizens to always be there for them and their families.

Later, the president and his wife, first lady Michelle Obama, and Vice President Joe Biden and his wife, Jill, greeted families in the cemetery's Section 60, home to graves of service members killed in Afghanistan and Iraq.

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Twin explosions strike southern Syrian city

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BEIRUT (AP) — Syria‘s state-run news agency says two large explosions have struck the southern city of Daraa, causing multiple casualties and heavy material damage.


SANA did not immediately give further information or say what the target of Saturday’s explosions was.













The Britain-based Syrian Observatory for Human Rights says the blasts went off near a branch of the country’s Military Intelligence in Daraa.


The Observatory, which relies on a network of activists on the ground, says the explosions were followed by clashes between regime forces and rebels fighting to topple President Bashar Assad.


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Weinstein Co., Clear Channel, Madison Square Garden Hosting Benefit Concert for Sandy Relief

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LOS ANGELES (TheWrap.com) – Clear Channel Media, The Madison Square Garden Company and The Weinstein Company are joining together to produce a benefit concert to raise money for victims of Hurricane Sandy.


The concert, titled “12-12-12,” will feature live music, although the producers did not reveal who would be performing. The roster should be an A-list one though, given that this is the same group of corporate entities that backed “The Concert for New York City,” a star-studded affair with the likes of The Who and Billy Joel on hand to raise money for 9/11.













The concert for Sandy Relief will be held on December 12, 2012, at Madison Square Garden in New York, and the money raised will be dispensed through the Robin Hood Relief Fund.


Hurricane Sandy slammed into the Eastern Seaboard last week, leaving 110 people dead and more than 1 million without power. Damage from the storm is estimated to be between $ 30 billion to $ 50 billion in economic losses.


“12-12-12″ will be produced by James Dolan, executive chairman of The Madison Square Garden Company; John Sykes, president of Clear Channel Entertainment Enterprises; and Harvey Weinstein, co-founder and chairman of The Weinstein Company.


In a joint statement, the producers said: “The Concert for New York City was a night filled with emotion, courage and tremendous hope when we came together as a city following the 9/11 attack. Once again, our city, as well as millions of our neighbors in the tri-state area, are in desperate need of our assistance as they recover from Hurricane Sandy and rebuild their lives. We have no doubt that the event we are planning will be filled with unforgettable music, entertainment and that uniquely American spirit of community, compassion and generosity.”


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Gilead posts positive results in mid-stage Hepatitis C study

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(Reuters) – Gilead Sciences Inc on Saturday reported a 100 percent cure rate using a combination of drugs in a small number of patients with the most common and hardest to treat form of hepatitis C.


Rival Abbott Laboratories Inc, meanwhile, said a trio of its oral medicines to treat hepatitis C produced unprecedented cure rates in a larger number of patients who had failed to benefit from standard treatment, as well as very high cure rates for newly treated patients.













Data from both companies’ mid-stage trials were released Saturday at the annual meeting of the American Association for the Study of Liver Disease in Boston.


Gilead’s study, dubbed Electron, examined 25 patients with genotype 1 chronic hepatitis C virus (HCV) infection who were treated for 12 weeks with a combination of three drugs: sofosbuvir, ribavirin and GS-5885.


GS-5885 is from a promising new class of drugs known as NS5A inhibitors, which prevent the hepatitis C virus from replicating.


The infection was undetectable four weeks after completing therapy in all of the patients who had never received this combination of drugs before, Gilead said.


The drugs generally were well tolerated in the study, Gilead said.


In the sofosbuvir combined with GS-5885 and ribavirin patient groups, one patient dropped out because of an adverse side effect that the company said was unrelated to the drugs.


Sofosbuvir and GS-5885 are still being studied for their safety and efficacy.


The biopharmaceutical company will present the data on Tuesday at the annual meeting of the American Association for the Study of Liver Diseases in Boston.


Mark Schoenebaum, a biotech analyst with ISI Group, said in a research note that he expects Gilead shares to rise on Monday based on these “best case” results.


UBS analyst Matthew Roden said “these data strongly support Gilead’s leadership position” in the hepatitis C virus space.


Gilead recently started the first Phase 3 trial evaluating a fixed-dose combination of sofosbuvir and GS-5885 in patients with genotype 1 chronic hepatitis C virus infection who had not received these drugs before.


This study is evaluating the fixed-dose combination with and without ribavirin for 12- and 24-weeks in 800 patients, 20 percent of whom have evidence of cirrhosis, or liver scarring.


(Reporting By Debra Sherman; Editing by Vicki Allen)


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Four days later, Obama wins Florida

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ST. PETERSBURG, Fla. - President Barack Obama was declared the winner of Florida's 29 electoral votes Saturday, ending a four-day count with a razor-thin margin that narrowly avoided an automatic recount that would have brought back memories of 2000.


No matter the outcome, Obama had already clinched re-election and now has 332 electoral votes to Romney's 206.


The Florida Secretary of State's Office said that with almost 100 per cent of the vote counted, Obama led Republican challenger Mitt Romney 50 per cent to 49.1 per cent, a difference of about 74,000 votes. That was over the half-per cent margin where a computer recount would have been automatically ordered unless Romney had waived it.


There is a Nov. 16 deadline for overseas and military ballots, but under Florida law, recounts are based on Saturday's results. Only a handful of overseas and military ballots are believed to remain outstanding.


It's normal for election supervisors in Florida and other states to spend days after any election counting absentee, provisional, military and overseas ballots. Usually, though, the election has already been called on election night or soon after because the winner's margin is beyond reach.


But on election night this year, it was difficult for officials — and the media — to call the presidential race here, in part because the margin was so close and the voting stretched into the evening.


In Miami-Dade, for instance, so many people were in line at 7 p.m. in certain precincts that some people didn't vote until after midnight.


The hours-long wait at the polls in some areas, a lengthy ballot and the fact that Gov. Rick Scott refused to extend early voting hours has led some to criticize Florida's voting process. Some officials have vowed to investigate why there were problems at the polls and how that led to a lengthy vote count.


If there had been a recount, it would not be as difficult as the lengthy one in 2000. The state no longer uses punch-card ballots, which became known for their hanging chads. All 67 counties now use optical scan ballots where voters mark their selections manually.


Republican George W. Bush won the 2000 contest after the Supreme Court declared him the winner over Democrat Al Gore by a scant 537 votes.


The win gave Obama victories in eight of the nine swing states, losing only North Carolina. In addition to Florida, he won Ohio, Iowa, New Hampshire, Wisconsin, Virginia, Colorado and Nevada.

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Assad says will live and die in Syria

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DOHA (Reuters) – President Bashar al-Assad said he would “live and die” in Syria and warned that any Western invasion to topple him would have catastrophic consequences for the Middle East and beyond.


Assad’s defiant remarks coincided with a landmark meeting in Qatar on Thursday of Syria’s fractious opposition to hammer out an agreement on a new umbrella body uniting rebel groups inside and outside Syria, amid growing international pressure to put their house in order and prepare for a post-Assad transition.













The Syrian leader, battling a 19-month old uprising against his rule, appeared to reject an idea floated by British Prime Minister David Cameron on Tuesday that a safe exit and foreign exile for the London-educated Assad could end the civil war.


“I am not a puppet. I was not made by the West to go to the West or to any other country,” he told Russia Today television in an interview to be broadcast on Friday. “I am Syrian; I was made in Syria. I have to live in Syria and die in Syria.”


Russia Today’s web site, which published a transcript of the interview conducted in English, showed footage of Assad speaking to journalists and walking down stairs outside a white villa. It was not clear when he had made his comments.


The United States and its allies want the Syrian leader out, but have held back from arming his opponents or enforcing a no-fly zone, let alone invading. Russia has stood by Assad.


The president said he doubted the West would risk the global cost of intervening in Syria, whose conflict has already added to instability in the Middle East and killed some 38,000 people.


“I think that the price of this invasion, if it happened, is going to be bigger than the whole world can afford … It will have a domino effect that will affect the world from the Atlantic to the Pacific,” the 47-year-old president said.


“I do not think the West is going in this direction, but if they do so, nobody can tell what is next.”


QATAR, TURKEY CHIDE OPPOSITION


Backed by Washington, the Doha talks underline Qatar’s central role in the effort to end Assad‘s rule as the Gulf state, which funded the Libyan revolt to oust Muammar Gaddafi, tries to position itself as a player in a post-Assad Syria.


Qatari Prime Minister Hamad bin Jassim Al Thani urged the Syrian opposition to set its personal disputes aside and unite, according to a source inside the closed-door session.


“Come on, get a move on in order to win recognition from the international community,” the source quoted him as saying.


Turkish Foreign Minister Ahmed Davutoglu delivered a similar message, saying, according to the source: “We want one spokesman not many. We need efficient counterparts, it is time to unite.”


An official text of a speech by Qatari Foreign Minister Khalid Mohamed al-Attiyah showed he told the gathering: “The Syrian people awaits unity from you, not divisions … Your agreement today will prove to the international community that there is a unity … and this will reflect positively in the international community’s stance towards your fair cause.”


Across Syria, more than 90 people were killed in fighting on Thursday, the Syrian Observatory for Human Rights said.


In Turkey’s Hatay border province, two civilians, a woman and a young man, were wounded by stray bullets fired from Syria, according to a Turkish official. Turkish forces increased their presence along the frontier, where officials have said they might seek NATO deployment of ground to air missiles.


Syria poses one of the toughest foreign policy challenges for U.S. President Barack Obama as he starts his second term.


International rivalries have complicated mediation efforts. Russia and China have vetoed three Western-backed U.N. Security Council resolutions that would have put Assad under pressure.


Syria’s conflict, pitting mostly Sunni Muslim rebels against forces dominated by Assad’s Alawite minority, whose origins lie in Shi’ite Islam, has fuelled sectarian tensions across the Middle East. Sunni Arab countries and Turkey favor the rebels, while Shi’ite Iran backs Assad, its main Arab ally.


“VICIOUS CIRCLE”


The main opposition body, the Syrian National Council (SNC), has been heavily criticized by Western and Arab backers of the revolt as ineffective, run by exiles out of touch with events in Syria, and under the sway of the Islamist Muslim Brotherhood.


British Foreign Minister William Hague said London would now talk to rebel groups inside Syria, after U.S. Secretary of State Hillary Clinton last week criticized the SNC and called for a new opposition body to include those “fighting and dying”.


But the plan for a body that could eventually be considered a government-in-waiting capable of winning foreign recognition and therefore more military backing ran into trouble almost as soon as it was proposed by SNC member Riyad Seif.


The meeting has so far been bogged down by arguments over the SNC representation and the number of seats the rival groups – which include Islamists, leftists and secularists – will have in a proposed assembly. Seif said he hoped for agreement on that on Thursday night, although the talks may continue into Friday.


Senior SNC member Burhan Ghalioun said the participants were moving towards consensus: “The atmosphere was positive. We all agree that we don’t want to walk away from this meeting in failure,” he told reporters.


Seif’s proposal is the first concerted attempt to merge opposition forces to help end the devastating conflict.


The initiative would also create a Supreme Military Council, a Judicial Committee and a transitional government-in-waiting of technocrats – along the lines of Libya’s Transitional National Council, which managed to galvanize international support for its successful battle to topple Gaddafi.


Michael Doran of the Brookings Institute in Washington told a forum in Doha it would not work for Syria. “It’s not a ridiculous idea, but it’s not going to succeed,” he said.


A diplomat on the sidelines of the talks said international divisions in the U.N. Security council did not help.


“It’s a vicious circle. They are asking the opposition to unite when they admit they are not themselves united,” he said.


(Writing by Tom Perry and Samia Nakhoul; Editing by Alistair Lyon, Alastair Macdonald and Philippa Fletcher)


World News Headlines – Yahoo! News



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