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Federal Appeals Court Rules Government Can Access Phone Data Without Search Warrant; Feds Imposing Changes At SFO; Italian Family Considers Taking Legal Action Against Facebook After Teenage Daughter Commits Suicide; Jake Tapper Named One Of The 50 Most Beautiful People In Washington; Sales Of Fizzy Drinks Fall Flat

Aired July 31, 2013 - 15:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(COMMERCIAL BREAK)

BROOKE BALDWIN, CNN ANCHOR: Let me tell you about a major court ruling that some are calling a blow to your privacy rights.

A federal appeals court has ruled that the government can access the location, history on your phone without a search warrant, without you knowing.

I'm talking dates, times, numbers you texted or called, all data on your phone ruled a business record that belongs to your carrier.

Let me bring back our legal experts, former prosecutor Monica Lindstrom and criminal defense attorney Eric Johnson. Welcome back.

Monica, I begin with you, Fourth Amendment, protects against unlawful search and seizure and requires a search warrant. How does that ruling now affect our privacy?

MONICA LINDSTROM, FORMER PROSECUTOR: Basically what we're dealing with in this ruling is the government is saying that they want your historical information from your phone.

BALDWIN: What does that mean?

LINDSTROM: Not what you're doing right now, not what you might be doing in five minutes.

BALDWIN: But anything you've done in the past.

LINDSTROM: Anything you've done in the past because basically when we use our cell phones, we are voluntarily giving that information to the cell phone company because it has to beam between the towers.

So we know that if we use a cell phone, they get the information, where we were and what calls we made.

And once we give a third party that information, it's no longer private, is what this court ruling is saying.

BALDWIN: So listen. We all have cell phones. Does this change the way we use cell phones? Are we just uber-cognizant of the information that's now out there?

ERIC JOHNSON, CRIMINAL DEFENSE ATTORNEY: The information is always out there. Unless you're an individual who is going to break the law, this really shouldn't affect you too much.

But the thing is, this does present a slippery slope in which the government actually stated it's looking for past data.

But what happens when the government wants real-time data? That might be a challenge that comes up later in the court.

BALDWIN: Real-time data like?

JOHNSON: What we're doing right now.

LINDSTROM: Because in order to make that call that we're doing right now, it's already pinging at the towers, so it's already in the company's information, so --

JOHNSON: Also, the phone pings off the tower whether you're using it or not. It's giving information to the cell phone company, no matter what.

BALDWIN: So I'm listening. And I'm thinking, well, you can't just get my information. You have to get a court order, correct?

LINDSTROM: Not so much anymore because now this court ruling says it's considered a business record of that third party, so the government can go to that third party and ask for it.

The third party can turn around and say, no, go get a subpoena or give us a justification, and the government might have to do that.

But they don't have to get that warrant anymore.

JOHNSON: And, also, they don't have to do it with any notification to the user themselves. So they may go get a subpoena, get your information, and you as a user have no knowledge or idea that you're under some form of investigation.

BALDWIN: So what's the takeaway for all of us cell phone users?

LINDSTROM: Basically, you have no privacy whatsoever anymore when you use that cell phone.

If you want privacy, use a land line.

JOHNSON: Or write a letter.

BALDWIN: Snail mail.

Monica and Eric, thank you both very much.

JOHNSON: Thank you.

LINDSTROM: Thank you. BALDWIN: Snail mail, who'd have thunk?

The man who admitted to kidnapping, raping and holding those three women captive in his Cleveland home for more than a decade already knows he's going to be spending the rest of his life behind bars.

But Ariel Castro will be formally sentenced tomorrow morning and his lawyer says he will address the court.

We heard him talking just a little bit on Friday about his sexual problems. We will hear more tomorrow.

Castro agreed to a plea deal last week that will spare him the death penalty. He will be sentenced to life in prison plus a thousand years.

It is an unforgettable scene from just about a month ago, the Asiana Airline 777 that crash landed at San Francisco airport.

We are now learning another 777 had to abort a landing at the same airport.

And we have the conversation between the cockpit and air traffic control the moment they realized something was wrong.

That's next.

(COMMERCIAL BREAK)

BALDWIN: The feds are imposing changes at SFO, San Francisco International Airport, scene of the deadly crash of the South Korean airliner. The FAA is implementing instrument approaches.

Take a listen to, if you would, an aborted approach just a week ago yesterday.

(BEGIN AUDIO CLIP)

TOWER: EVA 2-8 heavy, low altitude alert. Check your altitude immediately. Altimeter is two-niner-niner-seven.

PILOT: EVA heavy is going around.

TOWER: EVA 2-8 heavy, roger. Fly heading 2-8-0. Climb and maintain 3,000.

(END AUDIO CLIP)

BALDWIN: So the tower warns the pilot, and the pilot you hear saying, going around, going to pull up, circle, give it another try. That was July 23rd.

Dan Simon, live for us now at SFO, so, Dan, in addition to that, we now have another directive issued by the FAA. Tell me about that one.

DAN SIMON, CNN CORRESPONDENT: Yes. Hi, Brooke. This is a preemptive measure to try to reduce the chance of another major incident at the San Francisco International Airport.

Let me explain exactly what the FAA is doing here. Let's go ahead and put up a graphic. The FAA is directing foreign carriers to approach SFO by themselves in clear weather, without another aircraft next to them, to minimize distractions during a critical phase of flight.

Now, the FAA, Brooke, says it made this change after seeing an uptick in the amount of foreign carriers aborting their landings or requesting go-arounds.

This all went into effect last week and is only temporary as the airport upgrades its electronic systems to help pilots land.

That system known as the glide slope indicator was taken offline before the crash to upgrade its system.

Now, the FAA, Brooke, did not elaborate as to why foreign pilots are impacted by this, but as you can imagine, this has the potential to generate some controversy because domestic pilots are not impacted.

They're only saying they're targeting foreign carriers because they saw this uptick in the amount of aborted landings.

Brooke?

BALDWIN: That's what I wanted to know. No effect on the domestic pilots whatsoever.

Dan Simon at SFO for us. Dan, thank you.

Coming up next, a little "CNN Pop," including a look at some of the pop culture stories making headlines, including which CNN anchor was named one of the 50 Most Beautiful People on Capitol Hill.

Who could that be? He knows who he is.

But, first, actress and singer Katharine McPhee explains how a small gift can make a big difference for people in Africa. Here's today's "Impact Your World."

(BEGIN VIDEOTAPE)

KATHERINE MCPHEE, ACTRESS AND SINGER: Hi, I'm Katharine McPhee. And we can make an impact on malaria.

Through a personal connection to west Africa, I had the opportunity to build a preschool. The school master, a wonderful woman there, she'd come down with malaria.

I had gotten together with Malaria No More, saying I would love to get to Africa and see what we can do for her and for all the people that she worked so hard to help.

Every minute a child dies from malaria. It's something that doesn't need to happen. It's something that's curable, preventable. It's nothing we would ever have in the United States, but it's something that really is devastating to our lives. And there's so much to be done that you can feel overwhelmed with like, what can I actually do?

The truth of it is, a $10 net can save lives. That's why we're working so hard with Malaria No More to end malaria deaths by 2015.

Join the movement. Impact Your World.

(COMMERCIAL BREAK)

BALDWIN: It has become one of these heartbreaking stories that we're hearing about far too often, a teen commits suicide after being relentlessly bullied.

This happened in Italy back in January. A 14-year-old killed herself after her ex-boyfriend posted abusive messages online.

Now her family is considering taking legal action against Facebook. CNN's senior international correspondent Ben Wedeman explains.

(BEGIN VIDEOTAPE)

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT: She was like so many girls her age, her identity, her pictures, her thoughts, her life splashed across Facebook.

But when a video of 14-year-old Carolina Picchio allegedly showed up on Facebook in which she appeared to be drunk and disoriented at a party, the social network became a social nightmare.

An ex-boyfriend and his friends posted a steady barrage of abusive, offensive messages aimed at Carolina.

He was insulting her, mistreating her, recalls her sister, Talita. We naturally spoke about it with her, but she told us not to worry.

Talita and some of Carolina's friends say they reported the nasty messages to Facebook, hoping they'd be removed, but nothing happened.

In the prosperous northern Italian town of Novara, what started online spilled into Carolina's daily life at school and among her friends. Unbeknownst to her family, it was all becoming too much for her to handle.

Sometime between 2:00 and 3:00 in the morning on the 5th of January of this year, Carolina jumped out of her bedroom window and landed head first on the concrete below.

She left a final letter addressed to her tormenters, which her mother, Cristina, read to us.

"Are you happy now?" asks Carolina. "Have you hurt me enough? Have you had enough revenge?" Novara prosecutor Francesco Saluzzo, is looking into the possibility of throwing the book at Facebook for failing to remove offensive content that may have led to Carolina's suicide.

In the case of Carolina, he says, "It appears some of her friends, some of her relatives asked for the removal of this strong content, and it wasn't removed, and this played a role in her decision to commit suicide."

In response to a request for comment on this story, Facebook provided CNN with a statement.

"We are deeply saddened by the tragic death of Carolina Picchio and our hearts go out to her family and friends. Harassment has no place on Facebook and we actively encourage teens and parents to report incidences of bullying using the links located throughout the site. We remove content reported to us that violates our Statement of Rights and Responsibilities and we escalate reports of harassment and bullying to law enforcement where appropriate."

Carolina's mother feels the time has come for Facebook to confront the reality of online bullying.

"My battle," she says, "is to make the social networks responsible so there are protection for minors. We can't allow for more Carolina's or other mothers who must cry and be deprived of the lives of their daughters."

Carolina's uncle has posted a video on YouTube dedicated to her, Carolina's death now a rallying point in Italy in the fight against online bullying.

Ben Wedeman, CNN, Novara, Northern Italy.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

BALDWIN: And now, all the hottest entertainment news in a flash, time for "CNN Pop."

(BEGIN VIDEOTAPE)

BALDWIN (voice-over): "The People's Princess," Diana, coming to the big screen, Naomi Watts taking the lead role of the Princess of Wales 16 years after her death. The film, out this fall.

Oprah, lending her support to another Democratic candidate, this time around, it's Cory Booker, the Newark mayor running for a seat in the U.S. Senate. The media titan will host a fundraiser starting at a thousand per head.

You love watching sports at the stadium, but hate those long bathroom lines? Ladies, I'm talking to you. Well, now there's an app for that.

The new high-tech San Francisco 49ers stadium will allow fans to grab their smartphones and check out which bathroom has the shortest lines.

And, finally, some news for our own Jake Tapper, the host of "The Lead" just named one of the 50 Most Beautiful People in Washington, according to TheHill.com.

Tapper, hubba hubba.

(END VIDEOTAPE)

BALDWIN: Hi, it's me.

JAKE TAPPER, ANCHOR, "THE LEAD": Not news. That is not --

BALDWIN: To quote TheHill.com, "when he's not on air or prepping for his show, he said he decompresses by spending his mornings in the gym and evenings with their three-year-old and five-year-old," who are adorable. I know -- you show me their pictures every time we're out of town on a story.

He said bourbon with a splash of water is his limited indulgence. "I try to stay focused during the week on salads and water."

TAPPER: OK, so, first of all --

BALDWIN: Salads and water?

TAPPER: I think we can establish that the people at The Hill, the good people at The Hill --

BALDWIN: The good people at The Hill.

TAPPER: -- sometimes are wearing beer goggles. I think that's clear, that I belong on that list like Elvis deserves his black belt.

And yet it's nice to be mentioned. It is nice to be mentioned.

BALDWIN: You're number 11 out of 50. Tapper, do you like a -- do you get a crown?

TAPPER: Brooke --

BALDWIN: Do you get a sash?

TAPPER: Are we really talking about this?

BALDWIN: We totally are.

TAPPER: Are we really -- with all that's going --

BALDWIN: I kid because I love. I kid because I love.

Congratulations is what I'm trying to get to.

TAPPER: You know me very well. Do you -- to you, do I strike you as somebody who thinks I'm beautiful? Does that -- is that something that you think I think? BALDWIN: Absolutely.

TAPPER: That's not nice.

BALDWIN: No, and I think you're handsome.

What else do you have coming up on the show?

TAPPER: We have a number of important stories.

BALDWIN: Yes.

TAPPER: Significant stories of actual importance.

One has to do with this hearing on Capitol Hill about energy drinks like Red Bull and RockStar and Monster being marketed to children, and the concerns, the serious health concerns that some doctors have about that.

We'll speak to one of those doctors who's testifying on Capitol Hill.

And then, of course, more big news about these government surveillance programs, what they are able to do, what they know about you, we're going to have a very rare interview with Senator Ron Wyden, Democrat from Oregon.

He's been a critic of these critics --

BALDWIN: Waving the flag for a long time.

TAPPER: Yeah, he's on the intelligence committee, so there's so much he's able to say. He's very limited in what he can say.

We've been trying to talk too him for more than a month now. He's finally showing up on "The Lead," so we're excited to talk about that and learn what we can about how much the government is watching you.

And I specifically mean you, Brooke, as well as our viewers watching at home.0

BALDWIN: The beautiful Jake Tapper, ladies and gentlemen.

TAPPER: All right.

BALDWIN: Thank you.

Speaking of -- love you. Thank you.

Speaking of sugary drinks, has soda popularity in America peaked? You will hear some numbers that have the big pop makers -- pop, soda, Coke, whatever you want to call. They're worried.

(COMMERCIAL BREAK)

BALDWIN: Did you hear? Sales of fizzy drinks have fallen flat.

Is it possible America is losing its taste for soft drinks? Christine Romans looks at the reasons behind the unexpected slump.

Christine?

CHRISTINE ROMANS, CNN BUSINESS ANCHOR: Brooke, you call it soda. I call it pop. One thing is clear, Americans are drinking less of it.

Earnings reports from the big three American drink companies show North American sales of soda are slowing.

Coca Cola, Pepsi, Dr. Pepper all saw a dip in sales. Companies blame a cool wet spring, but could it be that longer-term soda consumption has peaked in a country that has watched its waistline swell?

There's also a lot now to choose from, Brooke, energy drinks, teas, natural juice blends, flavored waters. Trend-watchers think the younger generation of consumers will drink less soda, less pop than the Boomers did and Generation X.

Another factor, water has zero calories, and if it's from the tap, it's free. Budgets are tight. Americans are becoming more health conscious. In fact, when you look at bottled water, bottled water consumption is up about 1 percent over the past five years.

So don't cry for these companies. The soda companies, Pepsi, Coke, they own their own popular water brands, Aquafina and Dasani.

Still Americans in 2011 consumed 57 billion liters of soda. That works out to 46 gallons per person in just one year.

Imagine, 46 gallons of soda per person in just one year, so don't cry in your big gulp. It's not the end of soda.

Brooke?

BALDWIN: Christine Romans, thank you very much.

And for all of you who bought into Facebook, you know, thinking it would be a sure bet, it may be about to pay off.

Earlier today, the company's shares passed the $238 IPO price for the very first time since Facebook's rocky debut. Remember, that was about 14 months ago.

One of the big reasons? A stronger than expected earnings report last week and its success in mobile advertising.

And thank you so much for being with me today. I'm Brooke Baldwin here at the CNN World Headquarters in Atlanta.

Now we turn things over to my colleague, Jake Tapper. "THE LEAD" starts now.