Supreme Court shouldn't review NSA spying case, U.S. gov't says

A privacy group lacks legal standing to challenge a U.S. National Security Agency data collection program, and the U.S. Supreme Court doesn’t have jurisdiction to grant the group’s request for it to review the program’s legality, lawyers for President Barack Obama’s administration have argued.

The Electronic Privacy Information Center can’t challenge the legality of the NSA’s practice of collecting U.S. telephone records because the Patriot Act of 2001 only allows challenges from businesses that receive government orders to turn over business records or from the U.S. government, according to U.S. Solicitor General Donald Verrilli Jr. and lawyers with the U.S. Department of Justice, who made the argument in a brief filed Monday.

Because the law doesn’t allow EPIC to challenge an NSA order directed at Verizon Communications, the Supreme Court “lacks jurisdiction” to act on EPIC’s request, they wrote.

Background

EPIC filed a motion in July asking the Supreme Court to vacate an order from the U.S. Foreign Intelligence Court requiring Verizon to turn over all its phone records. If the court decides against that course of action, EPIC asked it to review the legality of the program.

EPIC has argued that, as a Verizon customer affected by the NSA program, it has standing to challenge the phone records collection. The intelligence court “exceeded its legal authority and could not compel a telephone company to disclose so much personal information unrelated to a foreign intelligence investigation,” EPIC said in a post on its website.

The Supreme Court shouldn’t act on either EPIC request, Verrilli and the DOJ lawyers wrote. EPIC lacks legal standing under the Patriot Act to make either request, and the privacy group hasn’t made the case that overturning the Verizon order is warranted, they wrote.

A court decision to vacate the order would be a “drastic and extraordinary remedy that is reserved for really extraordinary causes,” the lawyers wrote, quoting a Supreme Court ruling on acting on so-called writs of mandamus vacating lower court orders.

Instead of appealing to the Supreme Court, EPIC should direct its efforts toward filing a lawsuit in federal district court, the DOJ lawyers argued. The DOJ, however, has even opposed requests by tech companies to publish the number of surveillance requests they get.

The Obama administration’s response to EPIC’s request came on the same day that the Washington Post reported that the NSA is collecting email address books and instant-messaging buddy lists from millions of Internet users worldwide.

White House spokesman Jay Carney defended the NSA, saying its programs were targeted at overseas terrorism suspects.

Grant Gross, IDG News Service Reporter, IDG News Service

Grant Gross covers technology and telecom policy in the U.S. government for The IDG News Service.
More by Grant Gross, IDG News Service

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Source: http://www.pcworld.com/article/2054900/supreme-court-shouldnt-review-nsa-spying-case-us-govt-says.html#tk.rss_all
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Steve Aoki, Pharrell And Waka Flocka On A Tour Bus? Nothing But 'Raging'

'Aokify America' brings Pharrell, Waka Flocka and Borgore across the country.


By Elizabeth Lancaster

Source:
http://www.mtv.com/news/articles/1715419/steve-aoki-tour-pharrell-williams-waka-flocka.jhtml

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Rivers, Novak lead Chargers to 19-9 win

San Diego Chargers quarterback Philip Rivers throws a pass against the Indianapolis Colts during the first half of an NFL football game Monday, Oct. 14, 2013, in San Diego. (AP Photo/Lenny Ignelzi)

San Diego Chargers quarterback Philip Rivers throws a pass against the Indianapolis Colts during the first half of an NFL football game Monday, Oct. 14, 2013, in San Diego. (AP Photo/Lenny Ignelzi)

San Diego Chargers wide receiver Keenan Allen, left, makes a touchdown catch in the end zone as Indianapolis Colts free safety Delano Howell, right, defends during the first half of an NFL football game Monday, Oct. 14, 2013, in San Diego. (AP Photo/Lenny Ignelzi)

San Diego Chargers wide receiver Keenan Allen, left, celebrates his touchdown against the Indianapolis Colts during the first half of an NFL football game Monday, Oct. 14, 2013, in San Diego. (AP Photo/Denis Poroy)

Indianapolis Colts quarterback Andrew Luck (12) is hit from both sides by San Diego Chargers inside linebacker Manti Te'o, right, and defensive end Corey Liuget during the second half of an NFL football game Monday, Oct. 14, 2013, in San Diego. (AP Photo/Lenny Ignelzi)

Indianapolis Colts wide receiver Reggie Wayne makes a catch while playing the San Diego Chargers during the second half of an NFL football game Monday, Oct. 14, 2013, in San Diego. Wayne reached 1000 catches during the game, becoming the ninth player in NFL history with 1000 catches. (AP Photo/Lenny Ignelzi)

SAN DIEGO (AP) — Philip Rivers and the San Diego Chargers slowly put to rest all that talk about Andrew Luck and the Indianapolis Colts' offense.

It was hard for Luck to pull off another comeback, or even get into the end zone, while standing on the sideline.

Rivers threw a 22-yard touchdown pass to rookie Keenan Allen and Nick Novak kicked four field goals to give the Chargers a 19-9 victory against the Colts on Monday night.

"I wasn't sure who the Colts were playing this week all the ads I saw," Rivers said, noting that all the pregame buzz surrounded the Colts (4-2), not the Bolts (3-3).

Rivers expertly guided a balanced offense on three scoring drives of at least 74 yards while rebounding from a three-interception performance in a dismal loss at Oakland.

That, and a lot of dropped passes by Colts receivers, kept Indianapolis (4-2) from taking a two-game lead over Tennessee in the AFC South.

The Colts didn't even score a touchdown. All their points came on three field goals by Adam Vinatieri.

A week earlier, Luck helped rally the Colts to a 34-28 victory against Seattle.

"We knew if we didn't turn the ball over and we sustained drives, which we did — we had some 12, 14, 16-play drives — that we'd give ourselves a chance to win," Rivers said.

"We didn't go into the game saying 'Let's play ball control,' Rivers added. "We wanted to score as many points as we could. We didn't score that many, but we did sustain drives. I thought Keenan Allen stepped up big. They were doubling Gatesy (Antonio Gates) a lot, and Danny Woodhead stepped up big. The offensive line was great. That's the way we need to be able to run the football. If we can mix the run in, we got a chance."

Luck had no real chance against the Bolts because of two long drives in the second quarter that helped contribute to the Chargers dominating the time of possession 38 minutes, 31 seconds to 21:29.

Allen got behind safety Delano Howell and cornerback Vontae Davis on a post route for the TD, completing a 12-play, 74-yard march that took 6:14 and gave San Diego a 7-3 lead. It was Allen's second TD catch of the season.

Novak's first field goal capped a drive that went 79 yards in 17 plays in 7:58. The drive was kept alive when cornerback Greg Toler was whistled for illegal contact for pushing receiver Lavelle Hawkins out of bounds on third-and-6 from the Chargers 45.

Luck then completed four straight passes to move the Colts into Chargers territory before Coby Fleener dropped a pass at the 25. Luck scrambled for 6 yards and threw an incompletion before Vinatieri kicked a 50-yard field goal as time expired.

On the Colts' only other possession of the second quarter, Darrius Heyward-Bey dropped what likely would have been a long touchdown pass down the right sideline.

"We stunk on third down today," Luck said. "A lot of credit to their defense. I think we made our fair share of mistakes, but I think it's what they did. If we can't convert third downs and drives continually stall like that, it's a short rest for our defense and no points for us, so it's a bad combination."

Novak also had field goals of 33, 34 and 50 yards, with the final one coming with 1:55 left. Vinatieri had kicks of 30, 50 and 51 yards.

Chargers cornerback Derek Cox snuffed out Indy's final chance when he intercepted a pass that was tipped by receiver Reggie Wayne with 1:07 to play.

Rivers was 22 of 33 for 237 yards and no interceptions. Luck was 18 of 30 for 202 yards.

Wayne got his 1,000th career reception in the fourth quarter on a 21-yard pass from Luck. Wayne had five catches for 88 yards, giving him 1,001 for his career. He passed Hines Ward (1,000) for eighth place on the NFL list.

"It's a great honor," Wayne said. "It's a humbling experience to be in an elite class with a bunch of guys who have helped pave the way for guys like myself. I wish it was more of a greater celebration. I would rather take the 'W' than any accolades."

The Colts opened the game with a flea-flicker, with Trent Richardson taking the handoff and tossing the ball back to Luck, who completed a 35-yard pass to Wayne. The drive bogged down at the Chargers 11, leading to Vinatieri's 30-yard field goal.

San Diego established its running game with 147 yards. Ryan Mathews ran for 102 yards on 22 carries for his first 100-yard game of the season.

There were family ties in this one: Chargers defensive coordinator John Pagano beat older brother Chuck, the Colts' coach.

"Give John Pagano the credit he deserves," Chargers coach Mike McCoy said. "He did an outstanding job of getting these players ready. It's him and the rest of the whole defensive staff."

NOTES: Chargers WR Eddie Royal left with a toe injury in the second quarter but returned later in the game. ... Chargers LG Johnnie Troutman was injured in the second half and also returned. ... Colts ILB Jerrell Freeman sustained a concussion in the first half.

___

AP NFL website: www.pro32.ap.org

Associated PressSource: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2013-10-15-FBN-Colts-Chargers/id-975f10df3189470b87179a84582b2248
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Paula Patton Talks About Robin Thicke's Anatomy: "Blurred Lines" Brag Is "Accurate"

Paula Patton has been gamely downplaying the controversy surrounding husband Robin Thicke's provocative performance at this year's MTV Video Music Awards and the suggestive nature of his "Blurred Lines" music video, but there is one thing that she has no problem talking about.

In the November issue of Glamour, the Baggage Claim actress calls Thicke's much talked-about video "cool," "funny," and "awesome." One part in particular, in which a balloon message states that "Robin Thicke has a big d--k," has caught the attention of fans.

PHOTOS: Robin and Paula's cutest moments

Asked if the statement was a true one, Patton couldn't resist divulging a bit. 

"Robin's like, 'Listen, if I'm, you know, in the Miami Heat's locker room, I don't know where I stand, but …'" she said in the interview. "But I think that the statement is fairly accurate!"

Rihanna on Glamour’s November issue
Credit: Terry Tsiolis

And she should know! Originally high school sweethearts, the couple wed eight years ago and have experienced plenty of ups and downs together. In fact, Thicke revealed in an interview with BBC's Newsbeat, she was the inspiration behind his monster summer jam.

"I don't think people got it," the 36-year-old singer said. "I wrote it about my wife …she's my good girl. And I know she wants it because we've been together for 20 years."

PHOTOS: Hollywood's hottest married couples

In fact, Patton, 37, did also jokingly mention that Thicke "ruined" her when they first began dating -- starting with their first kiss.

"He sang Jodeci's 'Forever My Lady' to me," she recalled. "He did a full-out R&B onstage performance in his dad's living room. Then he kissed me. It worked!"

PHOTOS: Craziest MTV VMA moments

"Gosh, I hope I'm still a good girl and a bad girl at the same time," she continued. "And I think that every girl should know the bad girl inside her -- and that doesn't make her bad, you know?"

Source: http://www.usmagazine.com/celebrity-news/news/paula-patton-talks-about-robin-thickes-anatomy-blurred-lines-brag-is-accurate-20131410
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Al-Qaida Surges Back In Iraq, Reviving Old Fears

BAGHDAD (AP) — First came the fireball, then the screams of the victims. The suicide bombing just outside a Baghdad graveyard knocked Nasser Waleed Ali over and peppered his back with shrapnel.

Ali was one of the lucky ones. At least 51 died in the Oct. 5 attack, many of them Shiite pilgrims walking by on their way to a shrine. No one has claimed responsibility, but there is little doubt al-Qaida's local franchise is to blame. Suicide bombers and car bombs are its calling cards, Shiite civilians among its favorite targets.

Al-Qaida has come roaring back in Iraq since U.S. troops left in late 2011 and now looks stronger than it has in years. The terror group has shown it is capable of carrying out mass-casualty attacks several times a month, driving the death toll in Iraq to the highest level in half a decade. It sees each attack as a way to cultivate an atmosphere of chaos that weakens the Shiite-led government's authority.

Recent prison breaks have bolstered al-Qaida's ranks, while feelings of Sunni marginalization and the chaos caused by the civil war in neighboring Syria are fueling its comeback.

"Nobody is able to control this situation," said Ali, who watches over a Sunni graveyard that sprang up next to the hallowed Abu Hanifa mosque in 2006, when sectarian fighting threated to engulf Iraq in all-out civil war.

"We are not safe in the coffee shops or mosques, not even in soccer fields," he continued, rattling off some of the targets hit repeatedly in recent months.

The pace of the killing accelerated significantly following a deadly crackdown by security forces on a camp for Sunni protesters in the northern town of Hawija in April. United Nations figures show 712 people died violently in Iraq that month, at the time the most since 2008.

The monthly death toll hasn't been that low since. September saw 979 killed.

Al-Qaida does not have a monopoly on violence in Iraq, a country where most households have at least one assault rifle tucked away. Other Sunni militants, including the Army of the Men of the Naqshabandi Order, which has ties to members of Saddam Hussein's now-outlawed Baath party, also carry out attacks, as do Shiite militias that are remobilizing as the violence escalates.

But al-Qaida's indiscriminate waves of car bombs and suicide attacks, often in civilian areas, account for the bulk of the bloodshed.

The group earlier this year renamed itself the Islamic State of Iraq and the Levant, highlighting its cross-border ambitions. It is playing a more active military role alongside other predominantly Sunni rebels in the fight to topple Syrian President Bashar Assad, and its members have carried out attacks against Syrians near the porous border inside Iraq.

The United States believes the group's leader, Abu Bakr al-Baghdadi, is now operating from Syria.

"Given the security vacuum, it makes sense for him to do that," said Paul Floyd, a military analyst at global intelligence company Stratfor who served several U.S. Army tours in Iraq. He said the unrest in Syria could be making it even easier for al-Qaida to get its hands on explosives for use in Iraq.

"We know Syrian military stocks have fallen into the hands of rebels. There's nothing to preclude some of that stuff flowing across the border," he said.

Iraqi officials acknowledge the group is growing stronger.

Al-Qaida has begun actively recruiting more young Iraqi men to take part in suicide missions after years of relying primarily on foreign volunteers, according to two intelligence officials. They said al-Baghdadi has issued orders calling for 50 attacks per week, which if achieved would mark a significant escalation.

One of the officials estimated that al-Qaida now has at least 3,000 trained fighters in Iraq alone, including some 100 volunteers awaiting orders to carry out suicide missions. Both officials spoke on condition of anonymity because they are not authorized to disclose intelligence information.

A study released this month by the Washington-based Institute for the Study of War said al-Qaida in Iraq has emerged as "an extremely vigorous, resilient, and capable organization" that can operate as far south as Iraq's Persian Gulf port of Basra.

The group "has reconstituted as a professional military force capable of planning, training, resourcing and executing synchronized and complex attacks in Iraq," author Jessica Lewis added.

The study found that al-Qaida was able to carry out 24 separate attacks involving waves of six or more car bombs on a single day during a one-year period that coincided with the terror group's "Breaking the Walls" campaign, which ended in July.

It carried out eight separate prison attacks over the same period, ending with the complex, military-style assaults on two Baghdad-area prisons on July 21 that freed more than 500 inmates, many of them al-Qaida members.

"It's safe to assume a good percentage of them ... would flow back into the ranks," boosting the group's manpower, said Floyd, the military analyst.

American troops and Iraqi forces, including Sunni militiamen opposed to the group's extremist ideology, beat back al-Qaida after the U.S. launched its surge strategy in 2007. That policy shift deployed additional American troops to Iraq and shifted the focus of the war effort toward enhancing security for Iraqis and winning their trust.

By 2009, al-Qaida and other Sunni extremist groups were "reduced to a few small cells struggling to survive and unable to mount more than token attacks," Kenneth Pollack, a Clinton administration official who is now a Middle East analyst at the Brookings Institution, noted in a report earlier this year.

Now there are fears that all the hard work is coming undone.

Iraqis, both Sunni and Shiite, say they are losing faith in the government's ability to keep the country safe.

"Al-Qaida can blow up whatever number of car bombs they want whenever they choose," said Ali Nasser, a Shiite government employee from Baghdad. "It seems like al-Qaida is running the country, not the government in Baghdad."

Many Sunnis, meanwhile, are unwilling to trust a government they feel has sidelined and neglected their sect.

Iraqi officials say that lack of trust has hampered intelligence-gathering efforts, with fewer Sunnis willing to pass along tips about suspected terrorist activities in their midst.

"During the surge, we helped build up the immune system of Iraq to deter these attacks. Now that immune system has been taken away," said Emma Sky, a key civilian policy adviser for U.S. Army Gen. Ray Odierno when he was the top American military commander in Iraq.

"Before you had the U.S. there to protect the political space and help move the country forward," she added. "How much longer can this go on before something breaks?"

___

Associated Press writers Qassim Abdul-Zahra and Sameer N. Yacoub contributed to this report.

___

Follow Adam Schreck on Twitter at www.twitter.com/adamschreck

Source: http://www.npr.org/templates/story/story.php?storyId=233051382&ft=1&f=
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Aereo's coming to Android this month

After expanding to Utah, Miami, Houston, and Dallas this summer, Aereo—the contentious streaming service that lets you stream local broadcast television over the web—is ready to invade its next big market: the Android nation. After months of promises, Aereo for Android will finally land in Google Play on Tuesday, October 22.

The new Android app will be free, the service costs $8 per month to start, and available only to users in the seven metropolitan markets where Aereo service is available. You’ll also need a fairly modern Android smartphone or tablet to use the device as Aereo for Android will only be compatible with Android 4.2 Jelly Bean and up.

The first version of the app will be a beta release, so while you may finally be able to stream Fox NFL Sunday on your Galaxy Tab, you may experience some technical hiccups.

Aereo did not release any screenshots of the upcoming Android app, saying that we’d get our first look at the app on its release date. Presumably, Aereo for Android will look similar to the iOS app already available for the iPhone and iPad.

Growing in the face of adversity

AereoEach Aereo subscriber gets his own pair of dime-sized antennas in the company's data centers, to let you watch and record TV simultaneously. 

Despite mounting legal challenges from broadcasters and entertainment companies, Aereo continues to push its service forward.

Most recently, the company rolled out to Dallas, then announced plans to roll out its service to Columbus, Cincinnati, Indianapolis, and San Antonio and a number of other cities before the end of 2014. Aereo originally planned to launch in 22 metropolitan markets before the end of 2013.

Chicago was supposed to see Aereo service in September, but the company opted to delay its roll out, citing technical issues during beta testing in the Windy City.

The company’s most recent legal troubles surfaced in Utah where Fox, CBS and other broadcasters are suing Aereo over copyright infringement. Aereo went live in Utah in August.

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Another day, another Moto X leak: this time, it seems Motorola's new camera software will feature a

Another day, another Moto X leak: this time, it seems Motorola's new camera software will feature a slick swipe-based navigation system and sloooow-mooootion mode.

Read more...

Source: http://gizmodo.com/another-day-another-moto-x-leak-this-time-it-seems-m-877393198

rich ross april 20