General investigated for emails to Petraeus friend

PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged “inappropriate communications” with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.

Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.

Panetta said that he ordered a Pentagon investigation of Allen on Monday.

A senior defense official traveling with Panetta said Allen’s communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.

Kelley is said to have received threatening emails from Broadwell, who is Petraeus’ biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.

Petraeus resigned as CIA director on Friday.

Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.

The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen’s problematic communications.

The official said 20,000 to 30,000 pages of emails and other documents from Allen’s communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.

“Gen. Allen disputes that he has engaged in any wrongdoing in this matter,” the official said. He said Allen currently is in Washington.

Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.

The FBI’s decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta’s decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.

Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.

In the meantime, Panetta said, Allen’s nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold “until the relevant facts are determined.” He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.

Panetta said President Barack Obama was consulted and agreed that Allen’s nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.

NATO officials had no comment about the delay in Allen’s appointment.

“We have seen Secretary Panetta‘s statement,” NATO spokeswoman Carmen Romero said in Brussels. “It is a U.S. investigation.”

Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama’s nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford’s hearing is also scheduled for Thursday.

___

Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.

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Jason Biggs defends tweeting ways

NEW YORK (AP) — Jason Biggs is brushing off criticism he received during the recent election season for vulgar tweets that referenced the wives of both Republican Mitt Romney and his running mate in the presidential race, Paul Ryan.

The “American Pie” star took heat for off-color comments posted to his Twitter feed at the time of the Republican National Convention in August. The outpouring of criticism from parents groups, pundits and others led Nickelodeon to issue an apology for the actor’s comments on the social media website. Biggs is providing one of the voices in the cable TV station’s new animated series “Teenage Mutant Ninja Turtles.”

“I made a political tweet, so I got a little bit of heat from the right,” he said.

With elections over, Biggs says he’s moving on.

He appeared Monday night in New York at the annual 24 Hour Plays event, which was sponsored by luxury pen-maker Montblanc to benefit the Urban Arts Partnership. The benefit draws more than two dozen actors who write, rehearse, and perform one of six plays that they began working on the night before.

Biggs’ tweets have also poked fun at the Kardashians, Amanda Bynes, Lindsay Lohan and the ABC show “The Bachelorette.”

“I’m more afraid of the Kardashians, than I am of the Republicans,” he said.

He said he sees Twitter as an extension of the darker side of his humor.

As a three-time performer in 24 Hour Plays benefit, Biggs says he’s grown to feel more comfortable with the process.

“It’s a little easier. But it’s still nerve-racking, man.”

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One in three open to traveling for medical treatment, poll finds

NEW YORK (Reuters) – Looking for an affordable face lift without breaking the bank? Want to combine a tummy tuck with two weeks in the sun? You’re not alone.

Nearly a third of people surveyed around the world say they are open to the idea of medical tourism – traveling abroad to enjoy cheaper medical or dental treatment, according to a new Ipsos poll of 18,731 adults in 24 countries.

Indeed, 18 percent said they would definitely consider it.

“The concept of medical tourism is well accepted in many countries,” said Nicolas Boyon, senior vice president of Ipsos Public Affairs.

“With the exception of Japan there are at least one third of consumers in every country we covered that are open to the idea,” he said in an interview.

Whether for economic reasons or perceptions of superior treatment elsewhere, for treatments ranging from cosmetic to life-saving surgeries, Indians, Indonesians, Russians, Mexicans and Poles were the most open to the idea of being medically mobile.

Thirty-one percent or more people in each of those countries said they would definitely consider traveling for a medical or dental treatment.

Conversely, people in Japan, South Korea, Spain and Sweden were least likely to be medical tourists.

Boyon said it was not surprising that men and women from emerging nations would be medically mobile if the treatments were cheaper.

“This probably reflects perceptions of medical care in other countries that is superior to what is available at home,” he said.

But he was intrigued by the percentage of people in developed nations such as Italy, where 66 percent said they would definitely or probably consider medical tourism, along with Germany (48 percent), Canada (41 percent) and the United States, where 38 percent of people were open to the idea.

“It is a reflection that the medical profession is no longer protected from globalization,” Boyon said.

RISKS VS. BENEFITS

Although medical tourism spans a range of treatments, the most common are dental care, cosmetic surgery, elective surgery and fertility treatment, according to an OECD report.

“The medical tourist industry is dynamic and volatile and a range of factors including the economic climate, domestic policy changes, political instability, travel restrictions, advertising practices, geo-political shifts, and innovative and pioneering forms of treatment may all contribute towards shifts in patterns of consumption and production of domestic and overseas health services,” the report said.

Various studies using different criteria have estimated that anywhere between 60,000 to 750,000 U.S. residents travel abroad for health care each year, according to the Centers for Disease Control and Prevention.

Along with variations among countries, the Ipsos survey showed that younger adults under 35 years of age were more likely in most countries to consider medical tourism, than people 50 to 64 years old.

In India, 86 percent of young adults said they would consider medical tourism, along with 77 percent in China, and 71 percent in Italy.

Boyon suggested that the cost of travel, proximity, borders and quality of care may also be factors considered by potential medical tourists. In both Italy and Germany, about 20 percent of adults said they would definitely consider medical tourism. Both countries are near Hungary, a popular destination for health treatments.

Ipsos conducted the poll in Argentina, Australia, Belgium, Brazil, Canada, China, France, Germany, Great Britain, Hungary, India, Indonesia, Italy, Japan, Mexico, Poland, Russia, Saudi Arabia, South Africa, South Korea, Spain, Sweden, Turkey and the United States.

(Editing by Elaine Lies and Bernadette Baum)

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At Mao-style conclave, China embraces Twitter age

BEIJING (AP) — During China’s last party congress, the cadres in charge of the world’s most populous nation didn’t know a hashtag from a hyperlink. But five years on, there’s a new message from Beijing: The political transition will be microblogged.

Party officials have this fall embraced social media with unprecedented enthusiasm, hoping it can help guide public opinion and stir up excitement about the staid and scripted party meeting taking place this week in Beijing that kicks off a transition to a new, younger set of top leaders.

Dozens of the more than 2,000 party delegates, among them Chairman Mao‘s grandson, are using social media to wax rhapsodic about China’s rise and Party General Secretary Hu Jintao’s live 90-minute reading of highlights from this year’s party work report. Typical posts include pictures of grinning delegates on Tiananmen Square and mobile snapshots of poinsettia arrangements and chandeliers from inside the Great Hall of the People, where the congress is meeting.

Guo Mingyi, a miner from the frigid northeast who was making his debut as a party delegate, tweeted: “On this land with great affections, how can I not sing, how can I not tear up, I love this piece of land, the people and the great Chinese Communist Party!”

State media also are posting microblog interviews with officials and shooting out updates about the congress schedule via Twitter-like accounts.

But apart from being a tool to deliver Beijing’s approved policy messages to the mobile phones of ordinary Chinese, the Internet is a two-way street that’s also being used by the public to poke fun at and critique the propaganda. Online commentators have compared the gushy crying and clapping of some delegates over Hu’s speech to North Korean style mass hysteria.

Responding to state media report about how a female delegate, Li Jian, cried five times at Hu’s work report, a Sina microblog user writing under the name ‘Buying Soysauce’ wrote: “I sobbed uncontrollably too, at the thought that these people were my compatriots.”

Wang Keqin, the assistant to the editor in chief of Beijing’s Economic Observer magazine, wrote about the tears of another delegate, He Guiqin: “It’s back to North Korea overnight!”

Other critics have dredged up old headlines from 1987 about the scourge of bribe-seeking and posted them online to highlight how little party rhetoric, and party problems, have changed despite major social change over the last three decades.

The clash of ideas underscores just how important the Internet has become in China’s campaign to guide public opinion — a major shift from just a few years ago.

At the last party conclave in October 2007, Twitter was a little over a year old and hashtags had only just been introduced. China’s leading homegrown Twitter-like microblog service, Sina Weibo, was still two years from launch.

But as elsewhere, China’s Internet population has exploded over the last five years, jumping from 170 million to more than 500 million today. Social media has boomed with it and now plays a huge part in everyday Chinese life, particularly for urban residents who use it to find restaurants, jobs and mates.

Beijing’s initial reaction to social media was to block and censor, to limit conversations by banning access to Twitter and Facebook and to limit mention of anything considered sensitive or destabilizing with keyword filters. Though authorities still use those tactics, the government is increasingly proactive and working to wrest control of the online conversation by flooding the zone with its own content.

David Bandurski, a researcher with the China Media Project at Hong Kong University, says Chinese officials have learned that simply banning or blocking reports is no longer effective in the porous Internet sphere and that stifling information can backfire by fanning more interest in scandals and crises and sparking online rumors.

“You can’t just stuff the genie back into the bottle,” said Bandurski. “You have also to channel public opinion … officially, they are seeing social media as the best way to send out their authoritative information and kind of drive the agenda.”

But the government remains yoked to its party-ese, which can seem hopelessly out of date in the Twitter age.

A dispatch on the trend by the official Xinhua News Agency gives a hint to the flavor of Beijing’s rhetoric.

“The Internet has been unprecedentedly embedded into the ongoing National Congress of the Communist Party of China,” the news agency trumpeted over the weekend. “Not only can contents on the Internet be found in the congress report, but online media practitioners are attending the congress in person.”

On Saturday, Chairman Mao’s grandson Mao Xinyu tweeted this to his 105,943 followers on Renmin Weibo, the microblog of the official party paper, the People’s Daily: “Mao Zedong thought will always be the guiding ideology of the party.”

It got 155 retweets, a mediocre showing in China‘s lively web sphere.

___

Follow Alexa Olesen on Twitter: http://twitter.com/alobeijing

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Canada seen needing to spell out rules for natural gas projects

CALGARY, Alberta (Reuters) – The fate of a handful of liquefied natural gas projects planned for Canada’s Pacific coast may depend on the Canadian government‘s willingness to spell out rules for foreign investment in the country’s energy sector, according to a study released on Thursday.

Apache Corp, Royal Dutch Shell Plc, Petronas, BG Group Plc and others are in the planning stages for LNG projects that would take gas from the rich shale fields of northeastern British Columbia and ship it to Asian buyers.

But the federal government’s decision last month to stall the C$ 5.2 billion ($ 5.2 billion) bid by Malaysia’s state-owned Petronas C$ 5.2 billion for Canada‘s Progress Energy Resources Corp could lessen the appetite of Asian buyers for Canadian LNG, energy consultants Wood Mackenzie said.

“Some potential off-takers of Canadian LNG like the idea … because it’s perceived as having low political risk, and another reason is because they see the potential for investment opportunities,” said Noel Tomnay, head of global gas at the consultancy.

“If there are going to be restrictions on how they access those opportunities, if acquisitions are closed to them, then clearly that would restrict the attractiveness of those opportunities. If would-be Asian investors thought that corporate acquisitions were an avenue that was not open to them then Canadian LNG would become less attractive.”

The Canadian government is looking to come up with rules governing corporate acquisitions by state-owned companies and has pushed off a decision on the Petronas bid as it considers whether to approve the $ 15.1 billion offer for Nexen Inc from China’s CNOOC Ltd.

Exporting LNG to Asia is seen as a way to boost returns for natural-gas producers tapping the Montney, Horn River and Liard Basin shale regions of northeastern British Columbia.

Though Wood Mackenzie estimates the fields contain as much as 280 trillion cubic feet of gas, they are far from Canada’s traditional U.S. export market, while growing supplies from American shale regions have cut into Canadian shipments.

Because the region lacks infrastructure, developing the resource will be expensive, requiring new pipelines and multibillion-dollar liquefaction.

Still Wood Mackenzie estimates that the cost of delivery into Asian markets for Canadian LNG would be in the range of $ 10 million to $ 12 per million British thermal units, similar to competing projects in the United States and East Africa.

($ 1 = $ 1.00 Canadian)

(Reporting by Scott Haggett; Editing by Leslie Adler)

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RIM to unveil new BlackBerry phones on Jan. 30.

TORONTO (AP) — Research In Motion said Monday that it will hold an official launch event for its new BlackBerry 10 smartphones on Jan. 30. The new phones are seen as critical to RIM’s survival.

The Waterloo, Ontario-based company said Monday details on the much-delayed smartphones and their availability will be announced at the event.

The announcement comes as the company struggles in North America to hold onto customers who are abandoning BlackBerrys for flashier iPhones and Android phones.

RIM’s current software is still focused on email and messaging, and is less user-friendly, agile and robust than iPhone or Android. Its attempt at touch screens was a flop, and it lacks the apps that power other smartphones. RIM is hanging its hopes on the BlackBerry 10 software. It is thoroughly redesigned for the touchscreen, Internet browsing and apps experience that customers now expect. The Canadian company said the launch event will happen simultaneously in multiple countries.

Jefferies analyst Peter Misek called it a make-or-break product release and said the date of the launch event suggests a release date in mid- to late February or in March.

A full touchscreen device is expected to be released first followed shortly after by a physical keyboard version.

BGC Financial Partners analyst Colin Gillis said the new phones won’t be dead on arrival as some analysts have said because RIM hasn’t lost the corporate market completely.

“Is 10 going to be the solution to retain that marketplace? We’ll have to wait and see,” Gillis said. “It’s great they set a date, but the challenges are still formidable. It’s not an issue of initial demand. It’s an issue of sustained demand.”

Gillis noted that RIM’s launch of a tablet initially went OK but then demand fell sharply. RIM’s tablet, the Playbook, uses software on which the BlackBerry 10 will be based.

RIM said last month the new BlackBerrys are being tested by 50 wireless carriers around the world.

Thorsten Heins, who took over as CEO in January after the company lost tens of billions in market value, had vowed to do everything he could to release BlackBerry 10 this year but said in June that the timetable wasn’t realistic. Heins says he can turn things around with BlackBerry 10.

The new BlackBerrys will be released after the holiday shopping season and well after Apple’s launch of the iPhone 5, expected to be Apple’s biggest product introduction yet.

RIM’s platform transition is also happening under a new management team and as RIM lays off 5,000 employees as part of a bid to save $ 1 billion.

RIM was once Canada‘s most valuable company with a market value of more than $ 80 billion in 2008, but the stock has plummeted since, from over $ 140 per share to around $ 8. Its decline evokes memories of Nortel, another former Canadian tech giant, which declared bankruptcy in 2009.

Shares of RIM rose 20 cents, or 2.3 percent, to $ 8.74 in midday trading in New York after rising as high as $ 9.07 earlier.

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U2′s Bono to urge U.S. politicians not to cut aid programs

WASHINGTON (Reuters) – Irish rocker and anti-poverty campaigner Bono will appeal to Democrats and Republicans during a visit to Washington this week to spare U.S. development assistance programs from cuts as Congress tries to avert the looming “fiscal cliff” of tax hikes and spending reductions early next year.

The U2 lead singer’s visit comes as the Obama administration and congressional leaders try to forge a deal in coming weeks to avoid the economy hitting the “fiscal cliff” – tax increases and spending cuts worth $ 600 billion starting in January if Congress does not act.

Analysts say the absence of a deal could shock the United States, the world’s biggest economy, back into recession.

Kathy McKiernan, spokeswoman for the ONE Campaign, said Bono will hold talks with congressional lawmakers and senior Obama administration officials during the November 12-14 visit.

During meetings he will stress the effectiveness of U.S. foreign assistance programs and the need to preserve them to avoid putting at risk progress made in fighting HIV/AIDS, tuberculosis and malaria, she said.

Bono, a long-time advocate for the poor, will argue that U.S. government-funded schemes that support life-saving treatments for HIV/AIDS sufferers, nutrition programs for malnourished children, and emergency food aid make up just 1 percent of the U.S. government budget but are helping to save tens of millions of lives in impoverished nations.

The One Campaign would not elaborate which lawmakers and senior Obama administration officials Bono will meet.

On Monday, Bono will discuss the power of social movements with students at Georgetown University. He will also meet new World Bank President Jim Yong Kim for a web cast discussion on Wednesday on the challenges of eradicating poverty.

(Editing by W Simon)

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Cost becomes bigger question in treating heart disease

LOS ANGELES (Reuters) – The cost of treating heart disease has become a key factor in decisions by U.S. cardiologists grappling with the nation’s No. 1 killer.

Record prices for drugs and devices, reduced reimbursement by insurance plans and the looming full implementation of the healthcare reform law are convincing doctors to consider not only novel treatments, but also how to get the most bang for the buck.

The trend was reflected at the annual scientific meeting of the American Heart Association, generally a forum for groundbreaking research on medications and devices to combat heart disease.

The conference for the first time last year featured an entire session on the economics of healthcare, including a study showing that eliminating drug co-payments for heart attack victims significantly reduced the chance that they would suffer another major cardiovascular problem.

The 2012 meeting, held last week in Los Angeles, included several dual presentations with companion studies on the economic impact of a drug or therapy as well as its safety and effectiveness.

“We have an unsustainable economic model in healthcare delivery in the U.S.,” said Dr. Elliott Antman, professor of medicine at Harvard Medical School and chairman of the AHA Scientific Sessions Committee. “We all have to be conscious of ways we can be more cost efficient, and that includes understanding what the big breakthroughs mean in terms of cost.”

Heart disease is the leading cause of death for both men and women in the United States, accounting for one of every four deaths, according to the Centers for Disease Control and Prevention.

It also is very expensive. AHA estimates that annual U.S. medical costs of cardiovascular disease will reach $ 800 billion by 2030 – nearly triple the $ 272 billion spent in 2010.

“Rising costs of medical care make it very pertinent for us to assess value,” said Dr. Mark Hlatky, director of the cardiovascular outcomes research center at Stanford University.

President Barack Obama’s Affordable Care Act, which has now survived a challenge in the Supreme Court and a presidential election, is structured to reward quality of care, not the traditional fee-for-service model that can result in unnecessary treatment.

But the equation is not always simple.

One study presented at the AHA meeting showed that diabetics with diseased arteries not only fared better if they underwent bypass surgery rather than a less expensive stent procedure, but the surgery was also more cost effective.

Researchers, funded by the National Institutes of Health, found that up-front costs for bypass surgery and hospitalization were about $ 8,600 higher than costs for stent patients. But more stent patients either died or needed repeat artery clearing, while those who had surgery lived longer, higher-quality lives, resulting in lower, long-term healthcare spending for them.

Another study found that angioplasty to clear blocked arteries costs more at hospitals not equipped for emergency heart surgery, due mainly to follow-up costs. Elective angioplasty is becoming increasingly common at hospitals that do not conduct more complicated heart procedures.

“Surprisingly, there was no difference in procedure cost,” said Dr. Eric Eisenstein, lead author of the study and assistant professor of medicine at Duke University Medical School in North Carolina. “We did find a difference in follow-up cost.”

New research paid for by Johnson & Johnson, one of the makers of the new anti-clotting drug Xarelto, showed that the costs of a heart attack, angina, or chest pain go well beyond actual hospital care.

The study, led by Robert Page, a clinical specialist in the division of cardiology at the University of Colorado School of Pharmacy in Aurora, Colorado, found that every short-term disability claim for acute coronary syndrome cost employers nearly $ 8,000, and each long-term claim carried a price tag of more than $ 52,000.

Annual healthcare costs for each worker, including out-of-pocket expenses, totaled nearly $ 8,200 during the four-year period studied.

About half of all patients with acute coronary syndrome – a term used to describe conditions in which the blood supply to the heart is blocked – are working adults under the age of 65, Page said. That means the burden for their care will more likely fall on employers and employee co-payments rather than on the Medicare system.

The AHA estimates the rate of coronary heart disease in the United States will increase by 16 percent between 2010 and 2030.

Xarelto is one of three new blood-thinning medicines that offer potential advantages over older drugs to prevent strokes and other dangerous conditions caused by blood clots. Another is Pradaxa, made by Germany’s Boehringer Ingelheim.

“These drugs are expensive. They cost more than warfarin which is relatively cheap to use,” said Dr. Stuart Connolly, director of the cardiology division at McMaster University in Ontario, Canada. “Cost-effectiveness studies have been favorable. The reason is that even though purchase of the drug is not cheap, there are savings from preventing ischemic strokes.”

Even so, physicians can face significant hurdles to secure insurance coverage for patients they think need to be on a new, more expensive drug.

“It is a cost firewall,” Antman said, explaining that it can take considerable time for him to talk to insurance telephone operators, claims supervisors and, eventually, medical directors to secure coverage for a patient.

(Additional reporting by Bill Berkrot; Editing by Martin Howell and Leslie Adler)

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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."

Also Read

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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."

Also Read

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