How did the FBI access Petraeus' email?

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So how and when can the FBI access a citizen's personal email account? That is a key issue in the investigation surrounding General David Petraeus.



The governing law is the Stored Communications Act, which provides that a "government entity" may require a provider of electronic communication service to disclose "contents of a wire or electronic communication" that has been in storage for 180 days or less, as long as it has a warrant. A warrant requires a specific showing of probable cause that a particular crime is being committed.



If the email has been in storage for 180 days or more, the government must provide an administrative subpoena or a court order. This is a less exacting standard that does not require probable cause.



But what about if the email is the private account of a government official - such as the director of the CIA? Here there could be some exceptions.



For one, people with high security positions often sign disclosure forms, saying they could waive their rights to private email accounts. Also, standards are more lax if the government is accessing or investigating the use of a government email account.



"The million dollar question," said Stephen I. Vladeck of American University Washington College of Law, "is why, before it became clear that General Petraeus was involved in this investigation, was it such a high priority for the FBI in the first place? The answer might be that someone just called in a favor."



Vladeck said that the FBI might flag a cyber harassment claim between two citizens, but absent a large threat or a deeper connection to another ongoing investigation they would not drop everything to investigate.



Catherine Crump of the ACLU said that until the details come out it is almost impossible to draw conclusions regarding the government's action.



In broad terms, civil libertarians believe the government should always have a warrant to access email even if it is more than 180 days old.



Crump said she believes that if the government got a warrant to access historical emails, and then even got another one when it discovered it needed more, it was complying with the law.



If, on the other hand, the government was monitoring emails in real time, that could raise questions.



"If there is a lesson here, it is about how incredibly difficult it is for anyone to do anything anonymously," said Crump. "You leave an electronic trail wherever you go. Given this new reality in which we all create permanent records of everything we say and do, it is all the more important that law enforcement be subjected to clear rules about what they can or cannot do."


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Man in Afghan uniform kills foreign service member

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KABUL, Afghanistan (AP) — A gunman wearing an Afghan army uniform on Sunday shot and killed a member of the U.S.-led coalition forces fighting in Afghanistan — the latest in a spate of insider attacks that are fracturing the trust between NATO and Afghan forces.

Separately, officials said 11 Afghan civilians were killed by land mines on Sunday in explosions in the east and south.

U.S. Army Maj. Martyn Crighton, a spokesman for the coalition, said the service member was killed in the south. His identity and nationality were not disclosed.

Mohammad Zarak, spokesman for the governor of Helmand province, said the shooting took place in Nad Ali district after an argument between an Afghan soldier and coalition service members.

Coalition figures show at least 60 coalition service members have been killed so far this year and others have been wounded in about 45 insider attacks, where members of the Afghan security forces or insurgents dressed in their uniforms turn their guns on U.S. and allied troops.

The insider attacks have raised questions about how effectively the allied forces can train the Afghans to take over security of their own country in 2014 and beyond. Foreign forces are due to turn over security responsibility to the local military by the end of 2014.

A roadside bomb killed three men, two women and a baby in Khost province of eastern Afghanistan, deputy provincial police chief Youqib Khan said. He said their vehicle hit the bomb as they were returning from a hospital.

Three other civilians were killed when their vehicle detonated a land mine on the road between Helmand and Kandahar provinces, a government statement said.

Also in the south, two civilians who were walking were killed by a land mine in Khakrez district of Kandahar province, said Ahmad Jawed Faisal, a spokesman for the provincial governor.

The United Nations says homemade bombs continue to be the weapons that kill the most civilians in the war.

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Associated Press Writers Rahim Faiez and Mirwais Khan contributed to this report.

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Ohio teen sentenced to life in Craigslist murders

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AKRON, Ohio (Reuters) – Seventeen-year-old Brogan Rafferty was sentenced to life in prison without parole on Friday for his role in the killing of three men and the attempted murder of another, some of whom were lured by a Craigslist ad promising work on an Ohio farm.


Rafferty was 16 when he was arrested in November 2011, but was tried as an adult. He was convicted late last month in the murders of David Pauley, 51, of Norfolk, Virginia; Ralph Geiger, 56, of Akron, Ohio; and Timothy Kern, 47, of Massillon, Ohio.













Prosecutors called the teen an apt pupil to the alleged trigger-man, Richard Beasley, 53, who is also charged in the murders.


Rafferty testified that he was terrified of the man he had considered a father figure and spiritual advisor after he saw Beasley shoot Geiger in the head execution-style.


During the trial, jurors heard testimony that the teen helped dig the graves for three of the men and was found in possession of guns and knives stolen from them after Beasley shot them.


Beasley’s trial is scheduled in the same courtroom for January 7. He faces the death penalty if convicted. Both Rafferty and Beasley’s attorneys are under a gag order and are not permitted to talk to the media.


In other incidents involving Craigslist and other social media, people advertising goods for sale or responding to ads have been attacked and killed.


In 2009, a former medical student was accused of killing a masseuse he met through Craigslist. In February, two men in Tennessee were accused of killing a man and a woman for “unfriending” the daughter of one of the suspects on Facebook.


(Reporting by Kim Palmer; Editing by Mary Wisniewski and David Brunnstrom)


Internet News Headlines – Yahoo! News



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Bond soars with record $87.8M 'Skyfall' debut

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LOS ANGELES (AP) — James Bond's "Skyfall" has extended its worldwide box-office rule to North America, hauling in a franchise-record $87.8 million in its first weekend at U.S. theaters.

Adding in $2.2 million from Thursday night previews at IMAX and other large-format theaters, "Skyfall" has taken in $90 million domestically, according to studio estimates Sunday.

That lifts the worldwide total for "Skyfall" to $518.6 million since it began rolling out overseas in late October. Internationally, the 23rd Bond flick added $89 million this weekend to raise its overseas revenue to $428.6 million.

The third installment starring Daniel Craig as British super-spy Bond, "Skyfall" outdid the $67.5 million U.S. debut of 2008's "Quantum of Solace," the franchise's previous best opening. "Skyfall" more than doubled the $40.8 million debut of Craig's first Bond film, 2006's "Casino Royale."

"Skyfall" already has passed the $407.7 million overseas total for "Quantum of Solace" and by Monday, it will top the $432.2 million international haul for "Casino Royale."

The Craig era has reinvigorated one of Hollywood's most-enduring franchises, whose first big-screen Bond adventure, "Dr. No," debuted 50 years ago.

"It's quite a testament to Bond, considering it's the 50th anniversary. What a great anniversary present," said Rory Bruer, head of distribution at Sony, which produces the Bond films along with MGM.

"Skyfall" was the weekend's only new wide release, but Steven Spielberg's "Lincoln" had a huge start in a handful of theaters. Starring Daniel Day-Lewis as the 16th president, "Lincoln" took in $900,000 in 11 theaters for a whopping average of $81,818 a cinema. By comparison, "Skyfall" averaged $25,050 in 3,505 theaters.

"Lincoln" centers on the months leading up to the president's assassination in April 1865, as he maneuvers to pass the 13th amendment abolishing slavery and end the Civil War. Distributor Disney will expand "Lincoln" into nationwide release of about 1,600 theaters Friday and may widen the film further over Thanksgiving week.

The film has strong Academy Awards prospects for two-time directing winner Spielberg, two-time acting recipient Day-Lewis and the rest of the cast, which includes Oscar winners Sally Field and Tommy Lee Jones.

"The performances are some of the greatest of recent time," said Dave Hollis, head of distribution for Disney. "I don't know if you're ever going to think about it again without seeing our actor as Lincoln. Daniel is extraordinary in the role."

"Skyfall" took over the top spot at the weekend box office from Disney's animated comedy "Wreck-It Ralph," which fell to No. 2 with $33.1 million, raising its domestic total to $93.7 million.

While "Skyfall" marked a new high for Bond's opening-weekend revenue, the film has a long way to go to match the biggest audiences 007 has ever drawn. Adjusted for inflation, Sean Connery's 1965 Bond adventure "Thunderball" would have taken in an estimated $508 million domestically in today's dollars, with its 1964 predecessor "Goldfinger" not far behind at $444 million, according to box-office tracker Hollywood.com.

The Bond films over the last two decades have come in around the $200 million range domestically in inflation-adjusted dollars.

Still, Craig's Bond is setting a new critical standard for the franchise. While "Quantum of Solace" had a so-so critical reception, "Skyfall" and "Casino Royale" are among the best-reviewed Bond films, with critics and fans enjoying the darker edge Craig has imprinted on 007.

"'Skyfall' is to the Bond franchise what 'The Dark Knight' was to the Batman franchise," said Hollywood.com analyst Paul Dergarabedian. "By taking it to a whole other level, this is a different kind of Bond that can be taken really seriously."

Directed by Sam Mendes, the Academy Award-winning filmmaker behind "American Beauty" and Craig's director on "Road to Perdition," ''Skyfall" continues the current franchise's exploration into the emotional traumas that have shaped Bond's cool, aloof manner.

The film reveals secrets out of the past of Bond's boss, British spymaster M (Judi Dench), and pits 007 against a brilliant but unstable former agent (Javier Bardem) who's out for revenge.

Hollywood remains on a brisk pace this fall as the busy holiday season approaches. Overall domestic revenues totaled $172 million, up 26 percent from the same weekend last year, when "Immortals" led with $32.2 million.

For the year, domestic revenues are at $9.1 billion, up 4.3 percent from 2011's, according to Hollywood.com.

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "Skyfall," $87.8 million.

2. "Wreck-It Ralph," $33.1 million.

3. "Flight," $15.1 million.

4. "Argo," $6.7 million.

5. "Taken 2," $4 million.

6. "Here Comes the Boom," $2.6 million

7. "Cloud Atlas," $2.53 million.

8. "Pitch Perfect," $2.5 million.

9. "The Man with the Iron Fists," $2.49 million.

10. "Hotel Transylvania," $2.4 million.

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Online:

http://www.hollywood.com

http://www.rentrak.com

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Food labels multiply, some confuse consumers

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FRESNO, Calif. (AP) — Want to avoid pesticides and antibiotics in your produce, meat, and dairy foods? Prefer to pay more to make sure farm animals were treated humanely, farmworkers got their lunch breaks, bees or birds were protected by the farmer and that ranchers didn't kill predators?

Food labels claim to certify a wide array of sustainable practices. Hundreds of so-called eco-labels have cropped up in recent years, with more introduced every month — and consumers are willing to pay extra for products that feature them.

While eco-labels can play a vital role, experts say their rapid proliferation and lack of oversight or clear standards have confused both consumers and producers.

"Hundreds of eco labels exist on all kinds of products, and there is the potential for companies and producers to make false claims," said Shana Starobin, a food label expert at Duke University's Nicholas School of the Environment.

Eco-labels have multiplied in recent years in response to rising consumer demand for more information about products and increased attention to animal and farmworker welfare, personal health, and the effects of conventional farming on the environment.

"Credible labels can be very helpful in helping people get to what they want to get to and pay more for something they really care about," said Urvashi Rangan, director of consumer safety at Consumer Reports. "The labels are a way to bring the bottom up and force whole industries to improve their practices."

The problem, Rangan and other said, is that few standards, little oversight and a lot of misinformation exist for the growing array of labels.

Some labels, such as the USDA organic certification, have standards set by the federal government to which third party certifiers must adhere. Some involve non-government standards and third-party certification, and may include site visits from independent auditors who evaluate whether a given farm or company has earned the label.

But other labels have little or no standards, or are certified by unknown organizations or by self-interested industry groups. Many labels lack any oversight.

And the problem is global, because California's products get sold overseas and fruits and vegetables from Europe or Mexico with their own eco-labels make it onto U.S. plates.

The sheer number of labels and the lack of oversight create a credibility problem and risk rendering all labels meaningless and diluting demand for sustainably produced goods, Rangan said.

Daniel Mourad of Fresno, a young professional who likes to cook and often shops for groceries at Whole Foods, said he tends to be wary of judging products just by the labels — though sustainable practices are important to him.

"Labels have really confused the public. Some have good intentions, but I don't know if they're really helpful," Mourad said. "Organic may come from Chile, but what does it mean if it's coming from 6,000 miles away? Some local farmers may not be able to afford a label."

In California, voters this week rejected a ballot measure that would have required labels on foods containing genetically modified ingredients.

Farmers like Gena Nonini in Fresno County say labels distinguish them from the competition. Nonini's 100-acre Marian Farms, which grows grapes, almonds, citrus and vegetables, is certified biodynamic and organic, and her raisins are certified kosher.

"For me, the certification is one way of educating people," Nonini said. "It opens a venue to tell a story and to set yourself apart from other farmers out there."

But other farmers say they are reluctant to spend money on yet another certification process or to clutter their product with too much packaging and information.

"I think if we keep adding all these new labels, it tends to be a pile of confusion," said Tom Willey of TD Willey Farms in Madera, Calif. His 75-acre farm, which grows more than 40 different vegetable crops, carries USDA organic certification, but no other labels.

The proliferation of labels, Willey said, is a poor substitute for "people being intimate with the farmers who grow their food." Instead of seeking out more labels, he said, consumers should visit a farmers' market or a farm, and talk directly to the grower.

Since that's still impossible for many urbanites, Consumer Reports has developed a rating system, a database and a web site for evaluating environmental and food labels — one of several such guides that have popped up recently to help consumers.

The guides show that labels such as "natural" and "free range" carry little meaning, because they lack clear standards or a verification system.

Despite this, consumers are willing to pay more for "free range" eggs and poultry, and studies show they value "natural" over "organic," which is governed by lengthy federal regulations.

But some consumers and watchdog groups are becoming more vigilant.

In October, the Animal Legal Defense Fund filed a lawsuit against Petaluma, Calif., organic egg producer of Judy's Eggs over "free range" claims. The company's packaging depicts a hen ranging on green grass, and the inside reads "these hens are raised in wide open spaces in Sonoma Valley..."

Aerial photos of the farm suggest the chickens actually live in factory-style sheds, according to the lawsuit. Judy and Steve Mahrt, owners of Petaluma Farms, said in a statement that the suit is "frivolous, unfair and untrue," but they did not comment on the specific allegations.

Meanwhile, new labels are popping up rapidly. The Food Justice label, certified via third party audits, guarantees a farm's commitment to fair living wages and adequate living and working conditions for farmworkers. And Wildlife Friendly, another third-party audited program, certifies farmers and ranchers who peacefully co-exist with wolves, coyotes, foxes and other predators.

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Follow Gosia Wozniacka at http://twitter.com/GosiaWozniacka

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Obama honors sacrifice made by nation's veterans

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WASHINGTON (AP) — President Barack Obama paid tribute at a Veterans Day ceremony at Arlington National Cemetery to "the heroes over the generations who have served this country of ours with distinction."

He said the wreath he laid earlier at Tomb of the Unknowns was intended to remember every service member who has worn a uniform and served the nation.

In a speech at the Memorial Amphitheater during the brisk, sunny morning, Obama said America will never forget the sacrifice made by its veterans and their families.

"No ceremony or parade, no hug or handshake is enough to truly honor that service," the president said, adding that the country must commit every day "to serving you as well as you've served us."

He spoke of the Sept. 11 generation, "who stepped forward when the Towers fell, and in the years since have stepped into history, writing one of the greatest chapters in military service our country has ever known. You've toppled a dictator and battled an insurgency in Iraq. You pushed back the Taliban and decimated al-Qaida in Afghanistan. You delivered justice to Osama bin Laden."

Obama also said this was the first Veterans Day in a decade with no American troops fighting and dying in Iraq, and that a decade of war in Afghanistan is coming to a close.

Over the next few years, he said, more than 1 million service members will make the transition to civilian life. As they come home, Obama urged their fellow citizens to always be there for them and their families.

Later, the president and his wife, first lady Michelle Obama, and Vice President Joe Biden and his wife, Jill, greeted families in the cemetery's Section 60, home to graves of service members killed in Afghanistan and Iraq.

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US computer graphics scientist wins Kyoto Prize

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TOKYO (AP) — An American regarded as a father of computer graphics, an Indian literary critic and a Japanese molecular cell biologist have received the Kyoto Prize, Japan's highest private award for global achievement.

The Inamori Foundation awarded its advanced technology prize on Saturday to U.S. computer scientist Ivan Sutherland, who developed the graphic interface program Sketchpad in 1963.

Gayatri Chakrovoty Spivak , an Indian literary critic and professor at Columbia University, won the arts and philosophy prize.

Yoshinori Ohsumi, a molecular biologist at the Tokyo Institute of Technology, received the basic sciences prize for his work on autophagy, a cell-recycling system that could be used to help treat neurodegenerative and age-related diseases such as Alzheimer's and cancer.

The Kyoto-based Inamori Foundation was set up in 1984 by Kyocera Corp.'s founder, Kazuo Inamori.

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AP source: Justin Bieber and Selena Gomez break up

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NEW YORK (AP) — A source confirms to The Associated Press that Justin Bieber is no longer Selena Gomez's "Boyfriend."

The source is not authorized to discuss the split with the press and spoke on condition of anonymity.

The breakup apparently happened last week. Distance and their busy schedules were cited as factors.

Eighteen-year-old Bieber is touring to promote his latest album, "Believe," which contains the hit "Boyfriend." Twenty-year-old Gomez is filming a "Wizards of Waverly Place" reunion for the Disney Channel.

The pair made their relationship public in February 2011.

E! News was the first to report the split.

Bieber seems to be doing OK, at least publicly. On the red carpet of Wednesday's Victoria's Secret fashion show he said, "I'd rather be here than anywhere in the world."

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Malaria vaccine a letdown for infants

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LONDON (AP) — An experimental malaria vaccine once thought promising is turning out to be a disappointment, with a new study showing it is only about 30 percent effective at protecting infants from the killer disease.

That is a significant drop from a study last year done in slightly older children, which suggested the vaccine cut the malaria risk by about half — though that is still far below the protection provided from most vaccines. According to details released on Friday, the three-shot regimen reduced malaria cases by about 30 percent in infants aged 6 to 12 weeks, the target age for immunization.

Dr. Jennifer Cohn, a medical coordinator at Doctors Without Borders, described the vaccine's protection levels as "unacceptably low." She was not linked to the study.

Scientists have been working for decades to develop a malaria vaccine, a complicated endeavor since the disease is caused by five different species of parasites. There has never been an effective vaccine against a parasite. Worldwide, there are several dozen malaria vaccine candidates being researched.

In 2006, a group of experts led by the World Health Organization said a malaria vaccine should cut the risk of severe disease and death by at least half and should last longer than one year. Malaria is spread by mosquitoes and kills more than 650,000 people every year, mostly young children and pregnant women in Africa. Without a vaccine, officials have focused on distributing insecticide-treated bed nets, spraying homes with pesticides and ensuring access to good medicines.

In the new study, scientists found babies who got three doses of the vaccine had about 30 percent fewer cases of malaria than those who didn't get immunized. The research included more than 6,500 infants in Africa. Experts also found the vaccine reduced the amount of severe malaria by about 26 percent, up to 14 months after the babies were immunized.

Scientists said they needed to analyze the data further to understand why the vaccine may be working differently in different regions. For example, babies born in areas with high levels of malaria might inherit some antibodies from their mothers which could interfere with any vaccination.

"Maybe we should be thinking of a first-generation vaccine that is targeted only for certain children," said Dr. Salim Abdulla of the Ifakara Health Institute in Tanzania, one of the study investigators.

Results were presented at a conference in South Africa on Friday and released online by the New England Journal of Medicine. The study is scheduled to continue until 2014 and is being paid for by GlaxoSmithKline and the PATH Malaria Vaccine Initiative.

"The results look bad now, but they will probably be worse later," said Adrian Hill of Oxford University, who is developing a competing malaria vaccine. He noted the study showed the Glaxo vaccine lost its potency after several months. Hill said the vaccine might be a hard sell, compared to other vaccines like those for meningitis and pneumococcal disease — which are both effective and cheap.

"If it turns out to have a clear 30 percent efficacy, it is probably not worth it to implement this in Africa on a large scale," said Genton Blaise, a malaria expert at the Swiss Tropical and Public Health Institute in Basel, who also sits on a WHO advisory board.

Eleanor Riley of the London School of Hygiene and Tropical Medicine, said the vaccine might be useful if used together with other strategies, like bed nets. She was involved in an earlier study of the vaccine and had hoped for better results. "We're all a bit frustrated that it has proven so hard to make a malaria vaccine," she said. "The question is how much money are the funders willing to keep throwing at it."

Glaxo first developed the vaccine in 1987 and has invested $300 million in it so far.

WHO said it couldn't comment on the incomplete results and would wait until the trial was finished before drawing any conclusions.

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Four days later, Obama wins Florida

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ST. PETERSBURG, Fla. - President Barack Obama was declared the winner of Florida's 29 electoral votes Saturday, ending a four-day count with a razor-thin margin that narrowly avoided an automatic recount that would have brought back memories of 2000.


No matter the outcome, Obama had already clinched re-election and now has 332 electoral votes to Romney's 206.


The Florida Secretary of State's Office said that with almost 100 per cent of the vote counted, Obama led Republican challenger Mitt Romney 50 per cent to 49.1 per cent, a difference of about 74,000 votes. That was over the half-per cent margin where a computer recount would have been automatically ordered unless Romney had waived it.


There is a Nov. 16 deadline for overseas and military ballots, but under Florida law, recounts are based on Saturday's results. Only a handful of overseas and military ballots are believed to remain outstanding.


It's normal for election supervisors in Florida and other states to spend days after any election counting absentee, provisional, military and overseas ballots. Usually, though, the election has already been called on election night or soon after because the winner's margin is beyond reach.


But on election night this year, it was difficult for officials — and the media — to call the presidential race here, in part because the margin was so close and the voting stretched into the evening.


In Miami-Dade, for instance, so many people were in line at 7 p.m. in certain precincts that some people didn't vote until after midnight.


The hours-long wait at the polls in some areas, a lengthy ballot and the fact that Gov. Rick Scott refused to extend early voting hours has led some to criticize Florida's voting process. Some officials have vowed to investigate why there were problems at the polls and how that led to a lengthy vote count.


If there had been a recount, it would not be as difficult as the lengthy one in 2000. The state no longer uses punch-card ballots, which became known for their hanging chads. All 67 counties now use optical scan ballots where voters mark their selections manually.


Republican George W. Bush won the 2000 contest after the Supreme Court declared him the winner over Democrat Al Gore by a scant 537 votes.


The win gave Obama victories in eight of the nine swing states, losing only North Carolina. In addition to Florida, he won Ohio, Iowa, New Hampshire, Wisconsin, Virginia, Colorado and Nevada.

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