as members of congress are briefed on the national security agency's phone and internet surveillance programs, many americans are wondering who is watching. >> which agency has more personal information about americans? the national security agency or google? >> google without question. i'm not sure if my house is lost. i just don't know. >> thousands of people are told to evacuate, and dozens of homes destroyed as a series of wildfires burn across colorado. a pass between, another three-pointer. >> and the san antonio spurs sizzle while lebron james and the heat sputter in game three of the nba finals. captioning funded by cbs this is the "cbs morning news" for wednesday, june 12th, 2013.

good morning. good to be with you. i'm anne-marie green. well, more members of congress are expected to be briefed today about the federal government's extensive surveillance program. fbi and intelligence officials tried to quell lawmakers' concerns on tuesday about the scope of the programs and whether individuals' rights were being trampled. a cbs news poll says 38% of those surveyed approve of the government collecting data from ordinary americans. 48% say it's okay to spy on suspected terror activity. susan mcginnis is in washington. susan, good morning. >> good morning, anne-marie. while edward snowden fefrt revealed the surveillance programs remains in hiding, the debate is raging here on capitol hill over the big question, is the government too invasive into americans' lives in the name of national security. general keith alexander, director of national security

agency, heads to capitol hill today to testify before the senate committee. his appearance follows a day of closed door briefings nsa officials gave to congress on tuesday about top secret government surveillance of u.s. citizens. some are satisfied. >> each of these programs is authorized by law, overseen by congress and the courts, and subject to ongoing and rigorous oversight. >> others want more information. >> this is an enormous program. they spent a few minutes explaining it. >> congressman brad sherman of california said he was unaware of the scope of the program. >> this is newsworthy. i mean it's a billions of records a day. it's everyone's phone call. >> there's now a push for congress to declassify the programs so the american public can better understand how the government uses the information. >> it's appropriate now to have public hearings. >> oregon senator ron wyden has

joined california senator dianne feinstein and tech companies including google and facebook and calling for open hearings on the programs, but others say it must remain classified. >> it's not about keeping things from people. quite frankly, it's about protecting the program so the enemy conditioned undermine them. a new cbs news poll shows 53% of americans believe the government needs to collect the phone records to fight terrorism. now, that poll also shows nearly 60% of americans do worry, though, that their privacy is being lost. anne-marie? >> susan mcginnis in washington. thank you, susan. well, to bolster its claim about the effectiveness of its spying program, the federal government has declassified some details about how it thwarted a possible terror attack. nazibullah zazi who was trained by al qaeda was trained to bomb subways in new york. two of his friends were also arrested and they were tracked through e-mail, but evidence

suggests the fbi already had authority to monitor links to terrorists even before the suh surveillance laws. internet service providers are also doing it as we hear from wyatt andrews. >> reporter: brent scott says his e-mail is being spied upon but the culprit isn't the government, he says. it's the internet search giant google. scott is part of a nationwide lawsuit that charges google with the unlawful interception of his personal e-mails. >> i just started thinking about the personal e-mails that i sent and what they can i guess not use them for but what they read, which was strictly for, you know, the receiver's eyes only. so my heart sunk. >> reporter: for years google has scanned the content of millions of e-mail in g service,

google's e-mail service, in order to figure out what ads users might respond to. many don't realize they have given google permission to eavesdrop, but that means google is monitoring the e-mails of almost 50 million g-mail users in america. it's also recording everything you type on the google search engine. and if you own a smartphone, google is probably recording where you are. scoot wrote a book critical of google's unprecedented power. >> which agency has more information about the nation? google or the government? >> google. the national security agency is focused by law outside of the united states. if an american knew that literally someone knew every place they went, everybody they were talking to, where, when, and however, they would freak out. >> and yet that's happened. >> that's happening. >> reporter: google is not unique in the quest for personal information. facebook has been accused in several lawsuits with tracking

its users everywhere else they visit on line. facebook has denied that. at amazon.com the computers report not just what you purchase but everything you shop for to analyze what you might want next. google would not comment on the lawsuit brent scott has joined but said in statement that gee mails are only tracked by computer software. no humans read your e-mail or account information, the company says, in order to show you advertisements. no one is accusing google of using its massive data file zents anyone except to send them ads burke when it comes to sending raw and personal information, private industry is miles ahead of the government, and private industry does not need a warrant. wyatt andrews, cbs news, washington. well, dry hot winds are fueling at least five wildfires in colorado. the worst of the fires are burning along the front range of the rocky mountains.

the biggest is called the black forest fire. it's consumed 12,000 miles ahead of colorado springs. it is still out of control. tom mustin of our denver station kcnc has more. >> reporter: it's been a tough night for a lot of the residents in el paso county. the good news, though, is the winds have died down. but the bad news is a lot of the tinderbox conditions have already made a lot of their nightmares come true. >> pray that everything is okay. >> reporter: but tuesday afternoon little kalem kerr watched the black forest fire explode across el paso county. >> i could see huge flames. >> reporter: fueled by several winds it torched several structures and forced the evacuation of more than 2,500 homes. >> i'm not sure if my home is lost. i just don't know. >> reporter: cindy millsap saw the fire spreading by her home, but was stopped by a roadblock.

>> i was stopped right here. my son was at home, got some things out, and he's safe. my dog is out. so everybody is out that i care about. >> reporter: george gonzalez fled from his home as the flames closed in. he said the black forest fire is bringing back painful memories from last year. >> it's terrible. terribly windy and terribly dry. it was about this time last year, i think, that we had the big fire in waldo canyon. >> reporter: and as the fire burned unchecked into the evening, cindy millsap talked about the realities of the mountains in colorado. >> beautiful mountains. we have a lot to be thankful for, but this is mother nature at her finest. >> reporter: we're expecting more firefighters to battle the blue jays, but one firefighter told me when it comes to blazes like this one, mother nature always has the final say. tom mustin, cbs news, colorado.

well, a sweeping immigration reform bill has cleared its first big hurdle. the senate voted overwhelmingly on tuesday to debate the issue. it would, among other things, give citizenship to 11 million illegal immigrants, but passage is not expected to be easy in the senate or the house. and the outlook has not changed for former south african nelson mandela. the former south african president has remained in hospital with a lung infection. debora patta is in pretoria this morning. good morning. >> reporter: good morning. the south african government says there has been no change in nelson mandela's serious condition as he lies in serious condition. just how serious? we were told he had to be resuscitated prior to his hospitalization and that he had a procedure to repair a bleeding ulcer. the south african government will only say he's being treated for a recurring lung infection. south african president jacob zuma has been briefed by the doctors and says he is satisfied they're doing their best. once again he's urged the south

african nation to pray for mandela, and we saw last night a small group of people gather outside to pray in a vigil. many of his old friends are now saying it is time to let nelson mandela go. as one of them put it, let him go. with our love, with our admiration, and our wish to emulate him. anne-marie. >> not surprising but still certainly very sad to hear. deborah patta, thank you. well, coming up on the "morning news," violent protests in turkey. police try to clear out violent protesters camped out in a park for nearly two weeks. this is the "cbs morning news." he looks so good in. plus, the legendary comfort he feels so good in. and right now, st. john's bay polos are only $9.99. lots of sizes. 45 colors. so come back to jcpenney and save on his favorite brands. we'd love to see you. and it's the easiest way ever

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[ male announcer ] osteo bi-flex helps revitalize your joints to keep 'em jumpin'.° like calcium supplements can help your bones, osteo bi-flex can help your joints. osteo bi-flex... now available in all major retailers and warehouse clubs. there is relative calm in istanbul, turkey, this morng there is relative calm in istanbul, turkey, this morning after anti-protest government clashed with police overnight. taksim square is covered with degree after they fired water cannons and tear gas into crowds

to clear it out. now police are worried they'll return to finish the job. holy williams reports from istanbul. >> reporter: the police made their move early in the morning with tear gas. they sent the protesters on taksim square running for cover. the police used water cannons mounted on their trucks to drive the protesters back, bulldozers to tear down their barricades, and rubber bullets. taksim square has become a backlefield as police try to take back the symbolic pride of istanbul from protesters. these demonstrations were starked sparked 12 days ago with the government's plan to replace a park with a shopping mall. the protesters are mostly middle class and mostly peaceful but some threw stones and molotov cocktails. the target of their anger is

aimed at president resep tayyip erdogan. he's won three elections and some say he's dictatorial. erdogan has called the demonstrations an attack, a deliberate plan to damage turkey's image and economy, but protesters like this man told us they took to the streets to fight for one thing. >> freedom. personal freedom. that's the -- that is the minimum that everybody here agrees upon, and everybody feels it's being taken away from them by some law or another. >> reporter: holly williams, cbs news, istanbul. jury selection resumes today in the george zimmerman murder trial. the attorneys are having a hard time, though, finding anyone who hand already hasn't already heard about the case. prosecutors and defense attorneys are trying to choose six jurors and four alternates out of a pool of hundreds. so far 40 candidates have been dismissed.

>> unless you've been living under a rock for the last year, it's going to be pretty hard for people not to have gotten some or a lot of information. >> zimmerman shot and killed unarmed teenager trayvon martin in a gated community in florida last year. he faces a possible life in prison if convicted of second- degree murder. well, straight ahead in sports, one team fizzled while another team sizzled in the nba finals. plus, bare knuckles baseball. what triggered the benches to clear twice in one mlb game last night. this is the "cbs morning news." t. this is the "cbs morning news." when we made our commitment to the gulf, bp had two big goals: help the gulf recover, and learn from what happened so we could be a better, safer energy company. i've been with bp for 24 years.

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roc® max for maximum results. here's a look at here's a look at today's forecast in some cities around the country. new york, partly sunny today, but morning thunderstorms in miami and strong thunderstorms in chicago. dallas, sunny, los angeles, morning clouds with a high of 76. and time now for a check of the national forecast. severe weather strikes a large portion of the nation today from the plains to the mid-atlantic with damaging hail, heavy wind, and flooding. showers drench the pacific northwest, while the south remains dry. in sports, as lebron james goes, so go the miami heat. in game three of the nba finals, james goes ice cold for the heat. he miss 14/of his 21 shots and scores just 15 points. meanwhile the san antonio spurs' role players were red hot.

gary neal and danny green combine for 51 points and hit 13 three-pointers. the spurs smoke the heat by 36 points, 113-77. san antonio now leads the series two games to one. in baseball a national west rivalry overheats in l.a. in the sixth inning arizona pitcher ian kennedy hits dodger yasiel but week in the face with a pitch. the benches clear. both teams are warned, but that doesn't seem to make much difference at all. in the bottom of the inning greinke gets hit by a pitch and the brawl is on. >> and this is getting ugly in a hurry out here. benches empty, bull pens empty. it's going into the stands. in all six players and coaches would be ejected. they did manage to play some baseball though. the dodgers score three runs in the bottom of the eighth inning to win, 5-3. and tim tebow makes his patriots' premiere on tuesday.

the quarterback suited up for the first time with the new england patriots after signing with his new squad earlier in the day. tebow spent last season with the patriots' division rivals the new york jets. by the way, the patriots are already taking orders for tebow's jersey, a promise to be a top seller for sure. when we return, record attempts. a woman plans to swim into the history books when she takes on the shark-infested waters of the florida straits. >> announcer: sports sponsored by autostop. new autostop is foolproof. gray is over. is foolproof. gray is over.

sexually assaulted in a pubc restroom. where it happened and the unique description the attacker. plus: forced to flee. thousands leave their homess wildfires claim dozens of h in colorado. and an east bay driver figh traffic ticket... and wins. technicality that could lea tens of thousands of refund join us for kpix 5 news this

morning... beginning at 4:3 good morning. it's ,,,, here's look at today's forecast in some cities around the country. washington, d.c., afternoon thunderstorms. atlanta, partly sunny. st. louis, expect severe thunderstorms. mostly sunny in denver, and showers today in seattle.

an australian woman plans to set out today to be the first person to swim from cuba to the florida keys without a shark cage. 29-year-old chloe mccardel will swim the 103-mile stretch of the florida straits without a wet suit. of course, jellyfish and sharks are the biggest threats. an underwater electronic field will keep the sharks away from her. >> no one has been able to do it, and this is like the world cup if you're into soccer. this is like getting a world record and a gold medal at the olympic games. no one has been able to do it. >> mccardel is using her swim to raise money for cancer research. her mother is a breast cancer survivor. the newly crowned miss iowa is using her newfound fame to help others overcome obstacles with their disabilities. 23-year-old nicole kelly was born without a left forearm.

she's the first miss america pageant winner to win without a limb. she sees her victory as an opportunity to support others who are struggling with being different. this is the "cbs morning news." . it was very, very painful situation. i'm very athletic and i swim in the cold water in the ocean. shingles forced me out of the water. the pain level was so high, it was like fire. and i was thinking like, i wish i had that cold water i could go in it. the doctor asked me "did you have chickenpox when you were a child?" i'm very healthy and i do all the best things to keep it that way. all of a sudden i got shingles. it was so hard to accept that pain, it became unbearable.

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♪ 50 years ago this week a russian woman became the first female to fly in space. well, during that time, american women had been trained to make the same journey. as michelle miller reports, one of them is still trying to reach for the stars. >> bring your wing up. attagirl. stop it there. >> reporter: 75-year-old flight instructor wally funk has always been a bit unconventional. >> take your hands off the wheel. clap your hands, wiggle your wings. all right. now put your hands back on the wheel. >> reporter: she's been around planes since she could walk and earned her pilot's license as a teenager. >> reporter: why do you so love the sky? >> there's just so much to do up there. i'm free. i'm closer to god, i'm closer to the air, i'm closer to the sun.

okay. you're high enough. >> reporter: though she is rele relentlessly upbeat, there is still one thing that gnaws at wally funk, the flight she never got to take. after the original mercury astronauts were subjected to a grueling set of medical tests, the doctor who designed those tests used private funding to use the same tests to women. >> x-ray all of your body, every bone, every tooth, sticking water in your ears. i had to drink radioactive water. >> reporter: so these were painful, strenuous, uncomfortable tests. >> yes. >> reporter: the women matched and sometimes surpassed the results of the men, but not everyone was impressed. john glenn told congress that women pilots went against our, quote, social order, and vice president lyndon johnson wrote,

"let's stop this now" on a memo to nasa. >> stop this now, johnson. >> reporter: what did you think about that the first time you saw that? >> dumb. they didn't understand. we can do just as good a job as the guys, and this was keeping us out of a program. and look what eileen and sally and all the rest of the girls did. >> reporter: sally ride was the first american woman in space, and eileen collins was the first female to pilot a shuttle. collins invited the women from that testing program to all of her launches. >> i truly believe because of what they did, the timing was right for me. >> reporter: wally funk hasn't given up on her dream. she's applied to be a passenger aboard virgin galactic space plane, which could launch in 2014. >> i'm going. that is my quest. >> reporter: most people would have given up by now. why not? >> i love flying. that's my job. that's what i love. and i'm not a quitter. >> reporter: grounded once for being the wrong gender, wally

funk believes she still has the right stuff. >> and looky there. >> reporter: michelle miller, cbs news, roanoke, texas. >> she certainly does. well, coming up after your local news on "cbs this morning," we go to colorado springs for the latest on the wildfires outbreak, and a preview of the james "whitey" bulger trial as the jury trial gets under way. thanks for watching. i'm anne-marie green. have a great day. -- captions by vitac -- www.vitac.com nuestra ,,,,

>> your realtime captioner: linda marie macdonald and i'm michelle griego. tis 4:-- here's meteorologist lawrene good morning, everyone. it's wednesday, it's june the 12th. i'm frank mallicoat. >> i'm michelle griego. time now is 4:29. let's get a check on the weather and traffic. our very first check. good morning. >> good morning, guys. not bad, either.

we have a lot of clear skies out there right now. a few high clouds drifts overruling head. we are going to see a lot of sunshine and warmer weather. we'll talk about that coming up. >> we have roadwork out there in the oakland area larry, 880 in the northbound direction approaching hegenberger a couple of lanes of traffic shut down but you can see traffic is still fine. i'll have more traffic in a few minutes. >> you're setting the bar. >> larry! >> the larry bar. >> hi, larry. >> thank you. [ laughter ] we are following some developing news from the east bay where a manhunt continues for an assault suspect. kpix 5 reporter sue kwon is at the berkeley marina where a boy was apparently attacked in a restroom. >> reporter: school is out, kids are out and so is a person preying on children. a mother told police that her young son came to this bathroom behind me at shoreline park and was assaulted in this public bathroom in the men's room and we are in the berkeley marina. this happened ab