the same thing is true of the telephone meta data. that's the critical difference between the situation we're talking about respect to intelligence collection and the riley case. the riley case it was the defendant's phone. it was his phone on which he had his information. so the question is, to what extent can you get information from that person around under what circumstances can you get information from that person? the third party doctrine says once you've given the information to somebody else under what circumstances can you get the information from somebody else? now, having said that, i do think there is a strong sense that that doctrine can't necessarily be applied unqualifiedly in the current technological environment. and i do think that -- i tend to agree with chuck that what we're likely to see is a recalibration of the doctrine. and i think particularly of the context where people are storing their entire life in the cloud. it may be that there is a difference that courts will draw a difference between the types of info

the same thing is true of the telephone meta data.hat's the critical difference between the situation we're talking about respect to intelligence collection and the riley case. the riley case it was the defendant's phone. it was his phone on which he had his information. so the question is, to what extent can you get information from that person around under what circumstances can you get information from that person? the third party doctrine says once you've given the information to somebody else under what circumstances can you get the information from somebody else? now, having said that, i do think there is a strong sense that that doctrine can't necessarily be applied unqualifiedly in the current technological environment. and i do think that -- i tend to agree with chuck that what we're likely to see is a recalibration of the doctrine. and i think particularly of the context where people are storing their entire life in the cloud. it may be that there is a difference that courts will draw a difference between the types of inform

they had the content and they were getting the meta-data. >> stahl: after 9/11, president bush authorized the n.s.a. to listen in on americans suspected of ties with al qaeda without a judicial warrant, as required by law. >> risen: i get these people who start telling me, in the government and elsewhere, "there's this huge secret i can't tell you about." >> stahl: did they say they were upset about it, that it... >> risen: yes. they were tortured by what they knew. but they were frightened at the

and then, there is the trail they leave on their web travels, the meta data. pgp stands for pretty good privacy but the name sells the tool short. it's developers say it has never been cracked. anyone who wants to cover their meta data tracks and avoid unwanted observations use the tour network, the onion router. it uses layers and layers of encryption, a kind of cloaking device built for cyberspace. with more on how journalists are securing their communications and covering their tracks on the web, here is the listening post's will young. >> for the security conscious journalist, these two freely available tools really are essential. one can converts contents into uncrackable code and the other keeps the online activities under radar. first pgp. i am using the extension for google chrome called mail velope to get my personal key. this is a private key only i have access to the and a public key i can make available to the people i want to communicate with. now that my key is ready, i am going to send the public part of it to my colleague, paolo. he has sent me

. >> stahl: were they actually listening in or just recording that meta-data? >> risen: they were doing both. they had the content and they

, at least the meta data phoning collection. so my point is the court will be highly skeptical of the claim that the third-party doctrine can be applied in this new context, that it means that when the government collects the telephoning meta data and other meta data as well that there is no fourth amendment violation. i'm not saying that meta data collection would therefore be impermissible but i think we'll see is a shift and a new question as to whether or not the foreign intelligence exception applies and new pressure on what's known as a special needs doctrine which justifies a rang of searches that are paced on compelling needs based on separate law enforcement needs, and then we have agreed to speak very shortly but i won't get into the details. i nope there is a chance to talk about how we think data challenges -- the considered that the four amendment is circumscribed and applies to only certain people and the way data moves about and the arbitrariness of the way data moves about and the difficulty of distinguishinging

. >> stahl: were they actually listening in or just recording that meta-data?sen: they were doing both. they had the content and they were getting the meta-data. >> stahl: after 9/11, president bush authorized the n.s.a. to listen in on americans suspected of ties with al qaeda without a judicial warrant, as required by law. >> risen: i get these people who start telling me, in the government and elsewhere, "there's this huge secret i can't tell you about." >> stahl: did they say they were upset about it, that it... >> risen: yes. they were tortured by what they knew. but they were frightened at the same time. >> stahl: over the next six months, he pieced the story together about the n.s.a. surveillance program, then called the n.s.a.'s press office for a comment. >> risen: i said, "i need to speak right now to mike hayden," the n.s.a. director. >> stahl: the head of n.s.a-- you say that? >> risen: the head of n.s.a. and i said, "i can't tell you why. it's urgent. but i got to talk to him right now." and i was bluffing. but she... to my shock, she put him on th

but with the disclosure the american people are alarmed by the fact the nsa was collecting meta data on every call they were involved in. no exceptions. and the collection was made that any of the data was volved in crime or anything. whether it was revealed to the public they were agast and it was the public that pushed the president to issue orders and follow with provoking hearings. a lot of conversations you have had over the right to be left alone you had because of edward snowden. not because of congress or the executive. secreceracy i believe leads to misguided decisions like the bay of pigs where the cia was forecasting that the people would rise up and it was a fiasco. "the new york times" was said to link the bay of pigs before it happened. but besides from that it is as a basic principle that we in the united states are sovereign and we get to decide our own destiny and how does that occur if we don't know what the government is doing? that is a key attendant of all wars. a third major deof wars is it cripples civil liberties. safety is viewed as supreme. the right to be le

every since 2006, the american people were ignore -- ignorant of the meta data program. but with the disclosure the american people are alarmed by the fact the nsa was collecting meta data on every call they were involved in. no exceptions. and the collection was made that any of the data was volved in crime or anything. whether it was revealed to the public they were agast and it was the public that pushed the president to issue orders and follow with provoking hearings. a lot of conversations you have had over the right to be left alone you had because of edward snowden. not because of congress or the executive. secreceracy i believe leads to misguided decisions like the bay of pigs where the cia was forecasting that the people would rise up and it was a fiasco. "the new york times" was said to link the bay of pigs before it happened. but besides from that it is as a basic principle that we in the united states are sovereign and we get to decide our own destiny and how does that occur if we don't know what the government is doing? that is a key attendant of all wars. a

they've been using that, picking apart meta data in the video and trying to figure out his identity.o far, coming up empty. so now they're appealing to the public asking for help to see if anyone might recognize this masked man. and we know, brooke, that the fbi director james comey talked about americans fighting in syria. but it appears this person isn't on their radar as far as that goes. and as comey said, i don't know what i don't know. and a big concern is, of course, there are other americans over in syria fighting that we simply don't know about, brooke. >> pamela brown, stay on it for us, thank you so much for us in washington. >>> coming up next is a search for missing malaysian flight 370 is beginning again. what are investigators are doing now that could help find this plane? the guy who helped lead our coverage for months and months, richard quest joins me next. how much money do you have in your pocket right now? i have $40, $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards you

collecting meta data in vast quantities can spined find these few needles in the end norms haystack and the federal government can monitor? what does that mean? i don't know, frankly. this should be done at the local level with people who know these people and see something disturbing unfolding. >> in the case of the fellow who went into the parliament in canada, michael zehaf-bibeau his mother had not seen him in five years. so who are the family and friends who will say? >> some drop out. i put this in the same basket as something we have not talked about is school shootings and i put all of this in the same category of when you see something, say something. this is a team we use to fight terrorism since 9/11. we need to set up a mechanism at the federal level where people can call in. where troubling social postings that are public, when you see the troubled postings you have a lay to go. take the santa barbara shooter the mother was scared to death he would take a gun out and shoot those kids. i have taken a real interest in this. this is something you can approach in a similar way

it is in fact responsible for the normalization of the past decade and the state grabs the meta-data of every man, woman and child in the united states and around the world. corporate liberalism is also responsible for the oppression of rights that date back to the magna carta and some cases earlier. now we have to tension without trial, without charge in many cases and the direction our government has taken. in a cute way over the last decade, but really in a gradual way of the last half-century if not longer. corporate liberalism is something that is really corrosive of many things without most dearly. certainly the free market of freedom and government and indeed of human rights and basic decent heat. so why is it so difficult? by the spouse have to write this book, "unstoppable" to shirt the system? by sonata form recognized as evil for what it is. again, the name is very accurate because it shows us how a confusion has been introduced into our political discourse, which cripples us makes us incapable of fighting the system which both left and right recognizes extremely dangerous

know about the limitations, so the nation hasn't been very successful, i think, in implementing meta data standards and i think could be done more of -- what do you think could be done in terms of getting the data sets more useful because we can trust them better? >> so i think one of the things that, you know, one way to address that is we need to do what is useful to do in the first place. i don't think we should have standing armies on the ready for, you know, trying to anticipate things that might happen because we will never get it right and we will waste money and you don't want people idled. so, given that you can't anticipate what's going to happen, the move toward simply doing what we are doing better for what we need to do anyway is probably what we should be doing, if there are places that we can improve standards, if we can improve the quality of what we think we're doing, the methodologies, that should be something that we do and we try and capture. but the only other thing we can do is structure ourselves so that we can then be responsive to draw upon what we've learned, to

director of national intelligence committing perjury under oath, many denying he was collecting meta dataody else. we need a government of laws, not a government of men. until we understand what's being revealed we can't make judgments as to whether or not it's proper. >> that is true but if you sign something that says you're not going to disclose something like he did as a private contractor, that is also valuable for the future. >> there will be a contract problem but that is a different matter as to whether it jeopardizes the national security in this instance. i underscore the damage assessment done, it's been over a year since the disclosures were forth coming, don't indicate any individual has been injured, hurt or killed because of it. >> a lot of revelations have a lot to do with the clandestine behavior of what he exposed and by telling somebody who has been killed, injured or compromised would be further damage unanimous edward snowden did. thank you for joining us. 11 minutes before the top of the hour. isis is knocking on the door as the u.s. sends apache helicopters to send

we got meta data that shows she was corresponding with her senior aides in the war on coal even thoughhe defended her cyber bonfire by saying they were all personal. they wiped out theirs too. e.p.a. is destroying an entire class of correspondence. >> what do you think those text messages could reveal and why did you >> if you look at what happened to lois lerner, she got her job for about a year because she pleads the fifth and she's living okay. what do we learn from lois lerner? better to give you the stiff arm than tell the truth and realize what she might be doing is flatout corruption. >> we'll see if everybody gets away with this. on its face it violates the criminal code, you can get up to three years per incident. i'm not saying she needs to fit herself in stripes but gina mccarthy was the person in charge of making sure the laws were abided. >> some politicians in these coal states should be applauding you for what you're doing because you're keeping their industry alive. thanks so much. he's fired up on a friday. ten minutes before the top. het me tell you what's straight ah

data into excitement. this is the microsoft cloud. need to keep an eye there aon my health.s why i we won... that's why i take metatic. a daily probiotic. with 70% of your immune system in your gut, new multi health meta biotic with bio-active 12 helps maintain digestive balance. and is proven to help support a healthy immune system. i take care of myself, so i can take care of them. experience the meta effect with our new multi-health wellness line, and see how one small change can lead to good things. neil: so uncle sam to save the day? maybe not at least when it comes to your home. new home sales barely budging. the government is trying to change that by making it easier for more people to buy a home, but therein might lie some problems. >> ben couldn't refinance his mortgage. the housing continues its tepid recovery. new home sales were up 2 percent -- new home sales make up less than 10 percent of housing buys to support the recovery amid concerns lending standards are too tight the obama administration recently scrapped a proposal that would require a 20 percent down payment -- fannie mae and freddie mac tho

meta effect, with our new multi health wellness line. and see how one small change can lead to good things. means keeping seven billion ctransactions flowing.g, and when weather hits, it's data mayhem. but airlines running hp end-to-end solutions are always calm during a storm. so if your business deals with the unexpected, hp big data and cloud solutions make sure you always know what's coming - and are ready for it. make it matter. >>> so five days out from the election, it's a little weird there's so much uncertainty about what's going to happen in the election. usually five days out, you see headlines like this, and then they come true. this was 2006, and that is what happened in 2006. this was 2008. and that is what happened in 2008. this was 2010, and that is what happened in 2010. this year, with the same number of days out from the election as all those headlines, but it's nothing like that. people are making predictions. people do have feelings about how it's going to go. but nobody knows what's going to happen with the kind of certainty that we've had at this point in the cycle in previous years. i think part of that is because it seems to be close this year. but p

data solutions can keep wireless customers smiling, imagine what they can do for yours. make it matter. imagine what they can do for yours. sometimes, healthy's not on the menu. luckily, always keep my metaavorite bar, hands down. from the makers of metamucil, new multi health meta health bars have natural psyllium fiber that helps promote heart health, with a taste that consumers prefer. would you like one of these instead? yummy! thanks! experience the meta effect, with our new multi health wellness line. and see how one small change can lead to good things. twhat do i do?. you need to catch the 4:10 huh? the equipment tracking system will get you to the loading dock. ♪ there should be a truck leaving now. i got it. now jump off the bridge. what? in 3...2...1... are you kidding me? go. right on time. right now, over 20,000 trains are running reliably. we call that predictable. thrillingly predictable. the ultimate arena for business. hour after hour of diving deep, touching base, and putting ducks in rows. the only problem with conference calls: eventually they have to end. unless you have the comcast business voiceedge mobile app. it lets you switch seamlessly from your desk phone to

meta effect with our new multi-health wellness line and see how one small change can lead to good things. with our new multi-health wellness line your goals, our experience. your shoppers, our technology. your datainsights. introducing synchrony financial, bringing new meaning to the word partnership. banking. loyalty. analytics. synchrony financial. engage with us. >>> welcome back to "fast money." here is what's coming up next. another volatile day on wall street today, but we've got someone who says there is a sign the sell-off is coming to an end. and goldman sachs shares falling despite beating analysts' expectations. >>> plus as oil breaks its losing streak today, one trader is making a big bullish bet on one energy name. we'll tell you what that is next. and we start off here with goldman sachs. the final firm holing its third annual builders and innovators summit in santa barbara, california. carl is at the conference and sat down with lloyd blankfein. he joins us for, i believe, carl, your first ever "fast money" appearance. welcome to the show. >> i think we had to build the chyron just for me, melissa. we are here at the builders and innovators conference. i know you have probably bee