How did the FBI access Petraeus' email?

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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Clarke’s 218 puts Australia on front foot

BRISBANE (Reuters) – Australia captain Michael Clarke scored a brilliant unbeaten double century to give the hosts a remarkable 37-run first innings lead on the fourth day of the first test against South Africa on Monday.

Supported first by a maiden century from opener Ed Cowan in a record stand of 259, and then by Mike Hussey‘s 86 not out, Clarke’s 218 helped lift Australia from 40 for three when he took to the crease on Sunday to 487 for four when stumps were drawn.

It was Clarke’s sixth test century, and his third double hundred, in the 15 tests since he was named captain last year in the wake of the Ashes humiliation and Australia’s quarter-final exit at the World Cup.

Although by no means a chanceless knock, the 31-year-old played with patience when South Africa’s vaunted pacemen got anything out of the Gabba track before punishing anything loose with some fine shot-making.

When he carried his bat back to the pavilion at the end of the day to the raucous cheers of a sparse crowd at the famous Brisbane ground, Clarke had faced 350 balls over 504 minutes and scored 21 fours.

“I’m very happy with that,” Clarke, who accumulated his 1,000 test run of the year during the innings, said in an interview on the boundary.

“I didn’t feel great at the start and I think Ed Cowan batted beautifully.

“We’re in a great position with a 30-odd lead. I’d like another 70 odd runs in the morning and then I want to have a crack with the ball. We’ll see what happens.”

Cowan departed for 136 in heartbreaking fashion just before tea, run out at the non-striker’s end when Dale Steyn got a finger to a Clarke drive that hit the stumps and the opener was caught out of his crease backing up.

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His partnership with Clarke was an Australian record for the fourth wicket at the Gabba, beating the 245 Clarke and Mike Hussey made against Sri Lanka in 2007.

Cowan’s wicket was the only wicket to fall on the day and Hussey started pouring on the runs as if determined to get the record back for his own partnership with his captain.

The 37-year-old bucked his poor recent form against South Africa by reaching his half century off just 68 balls with a drive through long-off and was closing on a century of his own when play ended.

It was Hussey’s cut four off Morne Morkel with which Australia overhauled South Africa’s first innings tally of 450 and put themselves in with an unlikely chance of even winning a test which lost an entire day to rain on Saturday.

Clarke’s negotiation of the “nervous nineties” for his century had been fraught and he was nearly run out going for a second run that would have brought him to the hundred mark.

There were no such jitters on his approach to the two hundred mark, which he passed by slapping the ball through mid-on for two runs before giving the badge on his helmet another kiss.

Cowan’s century was a retort to those critics who have consistently questioned his place in the team since he made his debut in last year’s Melbourne test against India.

The 30-year-old lefthander reached the mark two overs after lunch by pulling a short Vernon Philander delivery for four to the square leg boundary, beginning his joyous celebrations before the ball hit the rope.

South Africa’s number one test ranking is on the line in the series, which continues with matches in Adelaide and Perth after Brisbane.

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Elmo puppeteer accused of underage relationship

NEW YORK (AP) — The puppeteer who performs as Elmo on “Sesame Street” is taking a leave of absence from the popular kids’ show in the wake of allegations that he had a relationship with a 16-year-old boy.

Sesame Workshop said puppeteer Kevin Clash denies the charges, which were first made in June by the alleged partner, who by then was 23.

“We took the allegation very seriously and took immediate action,” Sesame Workshop said in a statement issued Monday. “We met with the accuser twice and had repeated communications with him. We met with Kevin, who denied the accusation.”

The organization described the relationship as personal and “unrelated to the workplace.” Its investigation found the allegation of underage conduct to be unsubstantiated. But it said Clash exercised “poor judgment” and was disciplined for violating company policy regarding Internet usage. It offered no details.

“I had a relationship with (the accuser),” Clash told TMZ. “It was between two consenting adults and I am deeply saddened that he is trying to make it into something it was not.”

At his request, Clash has been granted a leave of absence in order to “protect his reputation,” Sesame Workshop said.

No further explanation was provided, nor was the duration of his leave specified.

“Elmo is bigger than any one person and will continue to be an integral part of ‘Sesame Street’ to engage, educate and inspire children around the world, as it has for 40 years,” Sesame Workshop said in its statement.

“Sesame Street” is currently in production, but other puppeteers are prepared to fill in for Clash during his absence, according to a person close to the show who spoke on condition of anonymity because that person was not authorized to publicly discuss details about the show’s production.

“Elmo will still be a part of the shows being produced,” that person said.

The 52-year-old Clash, the divorced father of a grown daughter, has been a puppeteer for “Sesame Street” since 1984. It was then that he was handed the fuzzy red puppet named Elmo and asked to come up with a voice for him. Clash transformed the character, which had been a marginal member of the Muppets troupe for a number of years, into a major star rivaling Big Bird as the face of “Sesame Street.”

In 2006, Clash published an autobiography, “My Life as a Furry Red Monster,” and was the subject of the 2011 documentary “Being Elmo: A Puppeteer’s Journey.”

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Novartis drug helps patients with rare inflammatory diseases

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

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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Israel kills Gaza rocket crewman in second day of clashes

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”

LOS ANGELES (Reuters) – The new James Bond movie “Skyfall” 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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Google says multiple services blocked in China

SAN FRANCISCO (Reuters) – Google Inc said several of its online services have been blocked in China.

Traffic to Google’s services in China dropped sharply beginning Friday evening there, according to an online “Transparency Report” website operated by Google, which provides updates about access to its services in different parts of the world.

Among the sites affected were Google’s search engine and its Gmail web email product.

The disruptions come as China’s once-in-a-decade meeting to appoint new leadership gets underway.

A Google spokeswoman said the company did not know why the disruption was happening. Google said in a statement that it had “checked and there’s nothing wrong on our end.”

Google’s YouTube video service has been inaccessible in China since 2009, while access to other services in China are blocked sporadically.

In 2010 Google relocated its Chinese search engine to Hong Kong after a spat with authorities over censorship and cyber-attacks that Google said originated in China.

(Reporting By Alexei Oreskovic; editing by John Wallace)

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Nutella maker says will brave French tax hike

PARIS (Reuters) – The makers of the renowned Nutella food spread say they will not change the lucrative recipe even if France, its biggest market, endorses proposals to quadruple tax on a key ingredient of the gooey mix, palm oil.

Senators in France, where a left-wing government is hiking tax generally to help slash a bloated debt, have proposed a 300 percent tax hike on palm oil on the grounds that its production harms the environment and its consumption fuels obesity.

Frederic Thil, French director for Ferrero, the Italian firm that makes the sugary, chocolate-colored paste, sounded a defiant note in Le Parisien daily.

“The arguments are unfair and the repercussions would be catastrophic,” he told the newspaper.

More than 100 million jars of Nutella were sold in France alone in 2008, according to Ferrero, whose website says the recipe sold in large quantities across the Western world was invented in the backroom of an Italian pastry shop in 1944.

The main ingredients are sugar, milk powder, hazelnuts, cocoa, emulsifier, flavoring and palm oil, on which a tax of almost 100 euros per metric tonne is levied in France at the moment.

That tax would rise to 400 euros a tonne if the proposal floated by a Senate committee earlier this month secures majority backing in the Senate and in the lower house of parliament, the National Assembly.

France, which is keen to find other funding sources for a generous healthcare system in cash-strapped times, has already raised tax on sugary drinks and recently hatched plans to hike tax on beer to help plug the hole in public welfare finances.

Thil said the maker of Nutella, popular in many countries as a breakfast fare smeared onto slices of bread, would do all it could to limit the hit from any tax rise for consumers.

Palm oil, also extensively used in margarine, biscuits and crisps, makes up about 20 percent of the Nutella mix. The 300 percent tax rise, if passed on, would raise the cost of a 1-kilo jar or the spread by 0.06 euros, according to ASEF, an association of doctors that backs the tax hike proposal.

The other argument made for a tax increase is that it will encourage a shift away from intensive production methods that have prompted destruction of forests in countries such as Malaysia, a major exporter of palm oil.

(Reporting By Brian Love; Editing by Toby Chopra)

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