tonight at 10:00 eastern and again at 10:00 pacific. you can follow us on twitter. outfront starts right now. the nsa caught again spying on people it says it wasn't spying on. plus an investigation. how you can protect your e-mail. and then we were told the threat was contained but now japan admits radiation leaking fukushima plant is a quote house of horrors. good evening. i am erin burnett. the government is illegally watching you. today we learn that the national

security agency collected as many as 58,000 e-mails per year over the past three years in the united states. e-mails that had nothing to do with terrorism. and the agency misrepresented the scope of this effort to the secret court that is supposed to oversee and regulate it. evan perez joins us now. how did this program work? >> well, the way the program works is the nsa works with essentially pretty much most of the telecommunication companies in the united states, at&t, verizon. it works with them to essentially under these court orders it is supposed to get foreign communications, things that might have something to do with terrorism. what happened apparently despite the fact they had court orders that said you can't look at domestic communications the computers they use to separate the stuff weren't doing the job they thought it was doing.

what the nsa had come up with is much more complicated that computers could do. >> what amazes me when i hear it and as the revelations keep happening to me incompetence is more frightening. now they are collecting e-mails. last year we were trying to watch egypt country code 20 and we typed in code 202 and watched washington, d.c. and didn't realize it. the only thing worse is being competent. how is the nsa defending this? >> they say none of this was intentional. that is always the defense that they have. they say the volume of data that they are collecting, millions and millions of e-mails and internet traffic that goes through these fiber optic wires that they are monitoring. and they say when you are collecting this volume of data looking for so to speak the needles in the hay stack that

there will be mistakes made. that is what their defense is. we screwed up but we didn't intend to. and this is what this judge was so upset about. he said essentially in october 2011 he came down very hard on them and said you have been misrepresenting what you said you were going to be doing. >> and before you go "wall street journal" today says the nsa can reach about 75% of domestic internet traffic. forget whether they should be doing it, shouldn't they be able to watch 100%? >> that does raise the question. this is basically because of the relationships that they built with these companies. so these radcompanies agrees to help the nsa. >> covering this and breaking that story for us today. >> second story out front how to

stop the government and, say, google from watching you. someone is watching you reading every word you type. tom foreman has this investigation. >> reporter: every day people around the globe send or receive about 180 billion e-mails. and much of it in the united states goes through free e-mail services like g mail, yahoo, hot mail. across the ocean in london information and privacy activist says hold on. some of the free service ises may be costing us dearly. >> if you are not paying for the product you're not the customer. you are the product itself. >> reporter: what he means is this. for generations americans thought of letters of private and many of us still see e-mails as kind of like that. but they're actually much more like post cards easily read by

anyone or any company between you or the person you are sending the message to. and huge e-mail companies with millions of users do just that. with powerful computers they scan every word for clues to help them sell precisely targeted ads. if you write kayak in several messages soon you see ads for river trips. mention cars and you see models burning across the desktop. google attorneys cited a supreme court decision stating users should have no legitimate expectation of privacy. so in terms of mining data. >> these services are honey pots. >> reporter: mccarthy argues we should all seek out more obscure providers. or better yet he says use an e-mail program that lives in your computer by passing the middle man. and he says we should all start

looking at encryption software that will garble every message. it is all very technical and a lot of big e-mail providers insist they do protect their user's privacy. mccarthy is developing mail pile offering alternative with lots of protection soon. >> over the next month or so technical people will be able to start using it. and by january we are hoping to launch a public release. >> he believes if we want e-mail security that is the future we must move towards no matter where it is at. >> what amazes me is that google -- and god bless them. they admit it. you use our stuff and we are watching you. mail pile isn't ready until next

summer. what can you do if you don't want them reading about the private things. >> this is mainly being done by computers. it is computers scanning for information. unless you are a real tech geek, unless you know your way around encryption programs it is kind of hard. i would say the best thing you can do is keep your eyes open because there are many companies who see a nation waking up to this and being concerned about it and already i'm starting to see ads trickling in of companies saying i can sell you something that will give you encryption and will get you around the corner. i think we are going to see an awful lot more of that. >> thanks to tom as his investigation continues for us this week. radiation at the fukushima plant is not contained. the alarming admission by officials about a house of horrors next. why would the family of a

man who allegedly kidnapped hannah anderson want her to take a dna test. and then a question and then it was quickly deleted. some people think the tweet condoned a horrible act. jerry springer is our guest. and for football fans the way you watch the great american past time may be about to change forever. [ male announcer ] this store knows how to handle a saturday crowd.

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toxic water leak at the fukushima daiichi nuclear power plant, the highest warning since the massive melt down following the earthquake and ntsunami. i want to play a portion of the extraordinary report. >> reporter: we wore head to toe protected gear, full facial respirators and drove up to the world's worst nuclear accident in 25 years. >> this is our first look on the ground at the reactors. this is the heart of the nuclear problem in japan. what you are seeing over my shoulder are the reactors. there are four of them. the two over my right shoulder are two of the reactors that exploded in the early days of this disaster. >> just amazing to watch that courage it would take because it is one of the things that you don't at that moment feel the risks that you are taking and it

could have a serious toll two and a half years since the crisis. how serious is this that this is happening now? >> this is very serious for this particular agency, the nuclear regulation authority. they don't take these moves lightly. the fact they are moving it from a level one to a level three is very serious and important. and the global community should take note. they called the nuclear plant a house of horrors. so there is a ton of radioactive water being put into the ocean. it is very, very serious. >> you are talking about they are saying house of horrors. they are not prone to hyperbole. >> the other countries for reacted. you have seen them ban japanese products and cars in the immediate after math.

and that fear is still there. you talk to japanese merchants in hong kong and they say it is hurting our business. one thing for people to keep in mind is the people most at risk are the ones that work at the plant. there is a big ocean between us and japan. >> which is amazing to see how horrible these things are, the fact there is a resiliency for this thing. on a personal note i want to look at video of you and that suit. that is not going to protect you if something is really wrong. that is something you knew. took a lot of risks and courage. how worried were you? >> we are journalists. we want to be at the story. you want to go and cover it. you had to watch your clock. it was almost rushed as i was talking. we had to do it so quickly. that was something you had to watch. had to look at how much radiation your body was taking in. i was breast feeding at the

time. i didn't breast feed my son for about a week after that because i was concerned. when the initial disaster happened i was pregnant. so you had to weigh what is the risk of covering the story versus the benefit for the public. i chose to stay. >> a really courageous choice. we appreciate your time. and now our fourth story outfront, a bizarre turn in the hannah anderson kidnapping case. the family of her accused abductor james dimaggio says the 16 year old and her younger brother could be dimaggio's children. >> i would like to get a dna test of hannah and if we can get one from ethan. >> dimaggio is accused of killing hannah's mother and brother. so could the biological

connection be real? this is just a bizarre allegation. i know you spent time with hannah's grandparents today. what did they have to say about the latest assertions that he could have been her father? >> it's a very bizarre twist. it is a story that started out where it seemed like we knew what would happen? these weirder angles started to come in now. one thing i want you to hear now is from the brother of hannah's grandmother. her mother, christina, christina's uncle. he had very fiery words today for the dimaggio sister claiming he could be the father of hannah and heathen. take a listen to this. >> not only has this dimaggio terrorist brutally murdered parts of my family but now the

other part of the family is insinuating that tina was unfaithful and that my niece and grand niece and nephew were not brett's children. and that alone is like a knife to the heart. >> and that's exactly what he is upset about. the memorial for ethan and for tina is going to be on saturday. what right is it to bring this up beforehand. as for the grandparents they say the claim is ridiculous. they are saying if you look at brett anderson and look at those children there is no doubt that he is their father. >> what would the implications be if hannah is dimaggio's daughter? >> just because they asked for this doesn't mean they are going to get the dna-related material

to do the testing. if there is a case and they find out he is the father they could make claim to try to get this insurance policy which many believe is the issue here that james dimaggio left to the mother of brett anderson. we know he lived with her for a couple of years at one point. it could be related to something else. we don't know. whether or not they try to go after that we could wait and see. anyone can try to go after a claim and it doesn't mean they are going to get it. >> thank you very much reporting there from outside. a big win for yahoo. for the first time in more than two years yahoo sites were the most visited. the site attracted 196.6 million visitors compared to 192 million that visited google. google might have tricks up its sleeve because representatives from google and the national football league have met to

discuss possibly airing football games on youtube. one thing discussed was the football package. direct tv has the rights to the sunday ticket package but that deal expires at the end of the 2014 season. an nfl spokesman confirmed the meeting did take place. direct tv currently pays the nfl a billion dollars a year for the package package if you get the distribution you are there. the cops say three oklahoma teens killed a stranger for the fun of it. we are seeing what the teens posted online. we are going to talk aboutt that and whether there was a trail here that could have been followed. a child fighting a brain eating amoe amoeba. our shout out. sun, fun and military hover craft. she loves a lot of the same things you do.

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our fifth story outfront, killing for the fun of it. social media posts including this video of 15-year-old james edward jr. brandishing a gun, smiling while he is doing it shining a new light on teens accused of murdering a ball player out of the blue in oklahoma. two of the three teens faced with murder charges, a third charged with accessory. he was chosen at random. decided they were going to kill him and shot him in the back.

clinical psychologist outfront tonight. you see the pictures and we are limited in what we can show. we have one picture of one of them brandishing the gun and smiling. we have one picture of them going like this. what do these kinds of social media posts say? is there anyway there was a trail here? >> i think looking at the post themselves may tell us these kids are doing what a lot of kids do. a lot of it is being belligerent. we see somewhat of a violent streak. if i were the parent of one of these children holding a rifle i would be very, very concerned. i think you have to look at what we call the triangulation. look at other things going on in their lives, school records. did they have criminal records? and i believe the information will come out that there were some juvenile records. one of them had a father allegedly who is in jail. when you put it all together we see that these posts are, in fact, red flags for what could

be really bad behavior. >> what about the fact that there were three of them? it seems like they each had a role to play. it happened because there was a group. >> you look at the mob mentality. just three but a mob mentality where the individual conscience is no longer there and therefore you are not thinking of repercussions. it is about the adrenalin, supporting one another in inappropriate behaviors, egging each other on. now you have false courage. >> have you ever seen anything like this? >> i have seen things like this but it surprises me the killing was so random. for that aggression you would think they would go after someone who crossed them. to pick someone just like that with absolutely no emotion, one of them was allegedly singing and dancing, that is very, very

disturbing. >> thank you. still to come the fort hood shooter rests his case without calling a single witness. he faces the death penalty. would giving him that give him what he wants. dr. phil under fire at betweet he sends. what allegedly drove a man to open fire with an ak 47 in a georgia school? hero: if you had a chance to go anywhere in the world, but you had to leave right now, would you go?

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we start with stories where we focus on reporting from the front line. bradley manning was sentenced today to 35 years in prison for the biggest leak orphclassified documents in history. his attorney said he will seek a presidential pardon. the sentence is less than the 60 years prosecutors wanted. former attorney believes the judge got it right because manning was acquitted of treason. if manning doesn't make parole he will be out of jail when he is 57 years old. new details about the expected gunman who stormed a georgia school.

this is amateur video just coming in. you heard the single gun shot in the background. police say michael brandon hill walked into the school with about 500 rounds of ammunition. he was met by huff who was able to convince him to surrendered. he admitted he had not taken his medication. cnn legal analyst tells us georgia is one of a minority of states which predicts a verdict of a plea of guilty but mentally ill. she is able to say a few skburds has walked a few steps for the first time. this is hugely significant because almost nobody survives this. there are only two survivors of 228 cases of the amamoeba. the parasite is found naturally

in warm enclosed bodies of water. it has been 746 days since america lost its top credit ratings. average rates for a 30 year fixed rate mortgage 4.68% this year. the low this year in january. that is one incredible surge higher. the reason for the rise the feds soon to cutback of easy money. death wish. nidal hasan, the fort hood shooter admits he killed 13 people. he didn't call a single witness in his own defense which rested today. if hasan is convicted he faces the death penalty. that may be exactly what he wants. outfront tonight ed at fort hood. >> reporter: nidal hasan had his chance to put on his defense today. he passed. nidal hasan is on a self-glorified march to the execution chamber.

there hasn't been a military execution in more than 50 years. hasan appears determined to change that. >> i think major hasan may be the first military defendant in a long time to be put to death. >> reporter: the arm psychiatrist has watched prosecutors persuade a jury to sentence him to death. he refused to call any witnesses to tell his story. hasan shows little interest in sparing his own life. the reason could very well be found in these medical documents hasan released to the "new york times," documents reviewing whether he was fit to stand trial. in january 2011 he told evaluators i don't think what i did was wrong because it was for the greater cause of helping my muslim brothers. he said if he is executed i would still be a martyr. terrorism expert seth jones says hasan wants extreme radical muslims around the world to view

him as a hero. >> there is no question that nidal hasan has a somewhat jaded view of where he sits. he thinks he is going to be a martyr and he may have a small following. it is not that big. >> reporter: from the start nidal hasan admitted he was the shooter who walked into a fort hood medical processing building and started firing on unarmed fellow soldiers, testimony from more than 90 witnesses and survivors was graphic describing the chaos and may hem that was overcome with blood and smoke as lasers from hasan's hand gun crus crossed the room targeting victims, many of the soldiers described how hasan specifically targeted uniformed soldiers like christopher royal shot twice in the back. >> in your eyes is he a terrorist? >> in my eyes he is. when i looked at his eyes when he came in and i looked at his

terror that he posed that day, yes, absolutely. >> it is clear nidal hasan will be convicted in this case. so this trial will move on to the punishment phase and prosecutors are expected to call one family member from each of the victims killed in the fort hood massacre. our seventh story dr. phil's drunk girl tweet. the talk show host you know his name and face under fire after posting a controversial tweet which said if a girl is drunk, is it okay to have sex with her? reply yes or no to dr. phil. the damage was done. dr. phil declined to be interviewed by this program but issued a statement saying this tweet was intended to evoke discussion leading into a very serious show topic based on a

news story. it was a poll question and not a statement or a joke. talk show host jerry springer outfront tonight. you say the tweet is appropriate for a talk show. how so? >> he does a serious talk show. i do a circus. it would be different on my show and maybe not appropriate. in his show it is a serious issue. i mean, we can't be blind to the fact that young people do drink. there are a lot of young people that do have sex. how many times have we heard on any show that she was -- i'm sorry what i did but we were drinking. it is more common than we want to believe. and so for them to raise it as a subject on their show i don't see what the problem is. it should be discuss. i don't know why they took it down. >> maybe that is what caused the problem. you can't delete a tweet because

people could have retweeted it. it was retweeted a lot of times. one of the responses came from sarah and she wrote, here is a hint. if you wouldn't want it done to yourself, your child or your loved ones it is not okay. also, you're a moron. that is what it is like to be on twitter. >> she answered the question. so she did exactly what the tweet was supposed to do to raise the issue. if there is ever going to be an appropriate age of sex it has to be consensual. the issue is when someone is drinking they are not of the mind to give their consent. >> you talk about he does a serious show. he does market himself. all of these shows have to entertain people to survive. that is television. he markets himself as a self help expert and mentdal health professional. should he be held to a higher

standard? you have a lot of tweets out there that fit with the tone of your show. are you a talented pole girl and want to be on the show call stephanie. >> that was a great one. >> dr. phil can't get away with that. it looked like he was taking a page from your play book, maybe when you are talking about something serious the way you phrased and did that tweet is what was wrong. >> on a serious note i don't think it is a joke. i took it like that is because yb can't tell you how many people. we get a lot of young people on our show. our audience is young. i can't tell you how many come on the show and i'm sorry but i was drinking and all of that. we have all heard anderson we know that is the truth. if we know that is going on and if we have teenagers we certainly want to be educating them. you have a daughter or a son you teach your son you don't ever,

ever, ever mess around if a young woman is drinking you don't do it. >> let me ask you this. back to the topic about talk shows, your talk show and obviously you are tongue and cheek about it when you describe it. do you work at a strip club? these are topics you talk about. where do you draw the line when it comes to topics of discussion? do you ever say i also want to do something good and help people? >> we do a show about people that do things that are a little over the line. if you call us with a warm uplifting story we are not allowed to run it. we are required to send it to one of the other shows based on what the subject matter is. i know going in they are going to have me something crazy and outrageous. if you are doing do you like to dance on the strip pole we know the person that shows up is someone who wants to be a stripper or something. that is outside the social norm

and therefore qualifies for the show. we are in the business to show inappropriate behavior. that is what we do. >> jerry springer, thank you. >> thanks, erin. nice talking to you. >> an honest man. mark zuckerburg wants to give you the internet. the facebook ceo announced he is teaming up with tech kaechs to bring the web to every single person on earth. sounds really charitable, right? the group is called internet.org hopes to give everyone the ability. of the 7 billion people on the planet less than half currently has access to the web which brings me to tonight's number, 1.15 billion, the number of people on facebook. it is only about 15% of the people on the planet that can actually click on facebook ads, buy facebook games and send facebook gifts. sure would be nice to change that. in the video promoting this new push zuckerburg appears in an

african village. look at the map of places in the world where people don't have the internet? africa stands out. helping africa is not about charity. africa is on fire with growth. it is the second largest and fastest growing mobile phone market in the world. africa leap frogged traditional land lines and went directly to mobile phones. the billion people living in africa only 84 of them have internet enabled cell phones. imagine the money made if tech companies could get ads on to hundreds of millions of more phones. you just know the facebook ceo likes that. did the syrian president assad use chemical weapons? a secret database of america's gun owners. it is not the government who has it. you can't blame the nsa for this one. and president obama's latest decision sparking massive

controversy. this is an issue dividing america. we have a very important report. and tonight's shout out, another video out of russia. can you imagine these people hanging out. they don't seem to be looking. this is the world's largest military hover craft landing on a packed sea. no one was injured. this wasn't supposed to happen. the defense official told a local newspaper the ship was performing a drill on a beach owned by the military. shout out to the beach goers on a beach owned by the military. we'll be back. ♪ norfolk southern what's your function? ♪ ♪ hooking up the country helping business run ♪ ♪ trains! they haul everything, safely and on time. ♪ tracks! they connect the factories built along the lines.

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disturbing. >> reporter: the images emerging out of syria are horrific and heartbreaking following what opposition activists say is a chemical attack targeting areas. doctors unable to cope, one that we spoke to said he ran out within an hour and ended up administering oxygen to the victims that kept coming in. amongst them so many children. it is truly devastating to see them trying to gasp for breath. the timing of all of this is raising a lot of questions. there is a u.n. inspection team on the ground already in syria. they were originally tasked with investigating previous allegations of the use of chemical weapons. it is unclear at this point if they will be able to access the site of these most recent attacks. the syrian government for its part denying any sort of

involvement. >> questions are being asked about whether there is a secret database of gun owners. the nra has compiled a list of current former and perspective gun owners. sinter move by the nra or smart business? i thought the nsa was the one collecting and spying and doing these things to us. i guess the nra is also guilty. >> can you say wheel of right wing hypocrites? yes. this is the one that fear mongered to get reasonable gun control that most americans were for to not pass because of fear mongering about this. and this is exactly what they are doing. it is a national database. it is exactly what they fear monger -- i would like a list of

all the people in new jersey that have guns that can shoot planes down courtesy of chris christie. this is the worst kind of hypocrisy. >> you are a member of the nra. how is this not a major breach of privacy. people who aren't members, who have a right to privacy? >> well, they don't know what gun i have, when i bought it, the serial number that comes with it. this is the same thing as googling something which i'm sure stephanie is a big fan of and then getting a couple popup ads and maybe an e-mail about the product that she googled. this is what every magazine does in america. when i got ti"time" magazine i t a lot of solicitations for other magazines that they thought

might fit in that wheelhouse. the same way if you get golf magazine you will get literature on golf courses. this is not a database where it is the gun you have, what type it facebook google and any other company does every single day and to me, it's laughable that i should somehow be afraid of the nra now because they do the same -- >> excuse me -- >> hold on. >> [ overlapping speakers ] >> the government specifically put a clause in the gun bill they could not have a database of this kind, and the nra lied about it to get it to not pass. so what you're saying is complete non-sense. >> is it non-sense or is this a list of gun owners, not necessarily the kind and type and make and serial number. >> i was at j crew today and they asked me for my e-mail

address. >> did you tell them sorry -- >> no, i told them my fake e-mail address and it separates -- >> you're a wise man. >> they never catch on. that's the funny thing. the nra does it because it's good business and want to expand membership base and want to get the word out against progun control types of messages out there. it advocates hey, guys, let's rally around this. here is the problem that i have. most of these lists are compiled without the knowledge of these gun owners, of these people that otherwise went to gun safety shows, filled out forms and now on a list they didn't even know about. so there is where i see hypocrisy, erin. >> stephanie, the final to respond to ben? isn't that this what google does every day? now you're getting kayaking adds, how is this different? every day. >> i don't know. people can tell me what they think and not the real erin burnett at cnn.com, my other

e-mail address, but erin, you know, come on. this is the rankest hypocrisy. this is exactly -- >> it's not -- >> that's the thing -- >> yes, it is. it's exactly -- [ overlapping speakers ] >> stephanie -- >> they did not agree to this. >> all right. >> they have a database -- >> i have to leave it there. >> the only concern about selling more guns, that's all they are interested in. >> i hope the viewers as passionate about the three of you. let us know what you think at. >> dirk dikler 13 at hot mail.com. a major story of controversy at the white house this week everyone was owing and awing at beau and sunny running around together. seemed like a terrific decision by the president to get another dog, maybe not. i'm referring to cat, people. cat owners are up in arms president obama did not choose a

cat. the cat lobly thinks with everyone owning at least one cat, the president is cutting out a huge group of american voters. in his defense, he was following the lead of past u.s. leaders. since americans stopped using horses for transportation, the dog is the go-to pet. the dog allows the commander and chief to appear courageous and compassion et at the same time. the presidents with a cat have a dog for a balance. other world leaders followed suit use a dog or horse to seem powerful and popular. but there are exceptions. british prime minister david cameron has larry the cat and would be hard pressed to see steven harper that does not have a cat in it because he fosters cats. yes, and since brit and canada are our greatest allies, maybe president obama should follow the lead of our allies for once. what do you think? see david cameron trying to give him a cat.

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the man behind one of the biggest moments in american history died today, sid

burnstein was 95. the music promoter who brought the beetles to america for the first time. now while they were here, of course, they played a legendary set on ed sullivan a powerful part of history. even for those who weren't alive when it happened, which is an amazing accomplishment and we want to celebrate sid bernstein and everyone who makes these shows possible every day. jackson brown's song said it perfectly. a jake taper special at 10:00 p.m. eastern, here is a sneak peak. >> reporter: hours into the battle, the soldiers of black knight troop are fighting back, but two of them ty carter and brad larson are pinned down in a h humv humvee.

you're in the humvee like ducks, you can't leave and can't stay. what happened? >> it got to a point where a sniper knew where i was at. i would open the window and fire across the river at insurgent and i remember closing the window and as soon as i closed it, sparks shot out. the sniper zeroed in on the little crack and tried to get a bullet inside the vehicle to get me or sergeant larson. >> reporter: to make matters worse, taliban fighters are now inside combat out post. >> we were low on ammo. everyone around us that was friendly was either wounded or dead. >> reporter: specialist steven mays was severely wounded outside the humvee exposed to the enemy. >> he says, help me, please. >> unlikely hero area tonight at 10:00 p.m. eastern.