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Monday, November 12, 2012

Why Zappos' user agreement didn't stand up in court ? IT Business ...

The recent failure of Zappos.com?s user agreement to protect the site from a class action lawsuit demonstrates a few crucial lessons for websites wishing to protect themselves. You can see this post as Barnes and Noble Part II, except in this case the court rejected the agreement not only on the basis there was not proper acceptance (browsewrap vs clickwrap), but also because the terms of use had a provision that allowed Zappos to change the terms of use whenever they wanted, and the user would still be bound to the terms.

In January, 2012, Zappos announced a massive security data breach that affected approximately 24 million customers. In response, users launched a class action security breach lawsuit against the company. Zappos tried to send the lawsuit to arbitration as per an arbitration clause in its user agreement. The court, however, has since struck down Zappos.com?s user agreement, leaving it without the legal protection the agreement would have provided Zappos, and denied the arbitration request.

There are two main reasons why the court struck down Zappos? user agreement. The first is that the agreement was a ?browsewrap? agreement. The second reason the court struck down the agreement was the fact that it gave Zappos the ability to unilaterally change their terms.

A ?browsewrap? is an agreement that purports to bind users simply by virtue of the fact that they browse the website. A ?clickwrap? or ?clickthrough agreement,? on the other hand, is presented to the user in such a way that they must take some action that unambiguously signifies that they are assenting to the contract. The court has rejected the idea that a ?browsewrap? agreement can bind the users of a website because with these types of agreements, there is no evidence that the user viewed, much less assented to, the agreement. Because of this, it is important to use ?clickwrap? agreements to ensure that the contract holds up in court.

Read the legal document:?In re Zappos.com Inc., Customer Data Security Breach Litigation

The second reason the court struck down Zappos? user agreement is that it contained a provision that stated they had the right to change the terms and conditions at any time. The court ruled that this fact renders the contract ?illusory.? As such, if a website is seeking to amend an agreement binding existing users of their site, it is important that it finds a way to have the users view and agree to the terms again. Many websites actually have this clause, so it is worthwhile to check your terms of use to ensure you are not exposed to any legal risk.

To conclude, if a website would like to rely on a user agreement, it must ensure that the user actually reads and assents to the terms in question. This is true whether that user had agreed to an older version of those terms or not. Zappos.com actually could have easily satisfied this because it requires users to click through before purchasing a product. Unfortuately, they chose a different route by using a ?browsewrap? agreement. ?In order to meet these conditions, websites should use ?clickwrap? agreements whenever possible and avoid using ?browsewrap? agreements.

Monica Goyal is a Toronto-based lawyer and a technology entrepreneur who founded My Legal Briefcase, an online legal website. She also acts as a legal technology consultant with i5 Capital. After graduating from her undergraduate degree from the University of Waterloo, Monica attended Stanford University where she earned her Masters in Electrical Engineering. Monica also holds a law degree from the University of Toronto. Monica?s volunteer work with organizations such as Griffin Centre, Adventure Place, Downtown Legal Services, and Pro Bono Law Canada has given her insight into the accessibility and affordability of legal needs for the marginalized. She advises small businesses and startups. She developed My Legal Briefcase and Simply Small Claims to empower individuals. ? Website ? www.monicangoyal.com, https://www.mylegalbriefcase.com, https://www.simplysmallclaims.com ? Twitter @MonicaNGoyal

Source: http://blogs.itbusiness.ca/2012/11/why-zappos-user-agreement-didnt-stand-up-in-court/

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juhanbotha: Mobile Car Rent ? Phuket Car Rental | Travel & Leisure ...

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Palestinians: Gaza man killed in Israeli airstrike

Israel police explosives experts collect a Qassam rocket at a residential area near the Israel-Gaza border in southern Israel, Saturday, Nov. 10, 2012. A number of Palestinian rockets were fired from Gaza into southern Israel Saturday after a border clash between Israeli soldiers and militants. (AP Photo /Tsafrir Abayov)

Palestinians bring a wounded man to a hospital in Gaza City, Saturday, Nov. 10,2012. An explosion targeted an Israeli military vehicle on the Jewish state?s border with Gaza on Saturday and Israeli troops fired into the Palestinian territory, killing three civilians and wounding at least 25, among them children, Gaza officials and witnesses said. Ashraf al-Kidra, a Gaza health ministry spokesman, said four Palestinians killed were civilians between the ages of 16 and 18. (AP Photo/Hatem Moussa)

Palestinians bring a wounded man to a hospital in Gaza City, Saturday, Nov. 10,2012. An explosion targeted an Israeli military vehicle on the Jewish state?s border with Gaza on Saturday and Israeli troops fired into the Palestinian territory, killing several civilians and wounding at least 25, among them children, Gaza officials and witnesses said. Ashraf al-Kidra, a Gaza health ministry spokesman, said four Palestinians killed were civilians between the ages of 16 and 18. (AP Photo/Hatem Moussa)

GAZA CITY, Gaza Strip (AP) ? Palestinians say a Gaza man has been killed in an overnight Israeli airstrike.

Palestinian health official Ashraf al-Kidra says the man's body was discovered early Sunday.

It was not immediately clear whether he was a civilian or militant.

His death brings to six the number of Palestinians killed in Israeli strikes since Palestinian militants fired an anti-tank missile at an Israeli jeep patrolling the border with Gaza on Saturday.

Overnight, the Israeli military said, its aircraft struck a weapons manufacturing facility, three weapon storage facilities and two rocket launching sites.

Some three dozen rockets and mortar rounds have hit Israeli since late Saturday, causing no injuries or serious damage.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2012-11-11-Israel-Palestinians/id-e47a2ab4235a4fbab095c405b9ea9b85

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Congress wants answers from FBI, CIA on Petraeus

FILE - In this Feb. 1, 2009 file photo, Gen. David Petraeus, commander U.S. Central Command, left, stands with his wife Holly before the NFL Super Bowl XLIII football game between the Arizona Cardinals and the Pittsburgh Steelers in Tampa, Fla. Gen. Petraeus, the retired four-star general who led the U.S. military campaigns in Iraq and Afghanistan, resigned Friday, Nov. 9, 2012 as director of the CIA after admitting he had an extramarital affair. (AP Photo/David J. Phillip, File)

In the frame grab from C-SPAN Book TV video taken Feb. 6, 2012, author Paula Broadwell speaks to an audience about the book she co-authored, "All In: The Education of General David Petraeus," at the Politics and Prose bookstore in Washington. The scandal that brought down CIA Director David Petraeus started with harassing emails sent by his biographer and paramour, Broadwell, to another woman, and eventually led the FBI to discover he was having an affair, U.S. officials told The Associated Press on Saturday, Nov. 10, 2012. Petraeus quit Friday, Nov. 9, after acknowledging an extramarital relationship. (AP Photo/C-SPAN Book TV)

FILE - In this Aug. 31, 2011 file photo, former Commander of International Security Assistance Force and U.S. Forces-Afghanistan Gen. Davis Petraeus, standing with his wife Holly, participates in an armed forces farewell tribute and retirement ceremony at Joint Base Myer-Henderson Hall in Arlington, Va. Gen. Petraeus, the retired four-star general who led the U.S. military campaigns in Iraq and Afghanistan, resigned Friday, Nov. 9, 2012 as director of the CIA after admitting he had an extramarital affair. (AP Photo/Susan Walsh, File)

In this Jan. 15, 2012 photo, Paula Broadwell, author of the David Petraeus biography "All In," poses for photos in Charlotte, N.C. Petraeus, the retired four-star general renowned for taking charge of the military campaigns in Iraq and then Afghanistan, abruptly resigned Friday, Nov. 9, 2012 as director of the CIA, admitting to an extramarital affair. Petraeus carried on the affair with Broadwell, according to several U.S. officials with knowledge of the situation. (AP Photo/The Charlotte Observer, T. Ortega Gaines) LOCAL TV OUT (WSOC, WBTV, WCNC, WCCB); LOCAL PRINT OUT (CHARLOTTE BUSINESS JOURNAL, CREATIVE LOAFLING, CHARLOTTE WEEKLY, MECHLENBURG TIMES, CHARLOTTE MAGAZINE, CHARLOTTE PARENTS) LOCAL RADIO OUT (WBT)

FILE - In this Aug. 31, 2011 file photo, former Commander of International Security Assistance Force and U.S. Forces-Afghanistan Gen. Davis Petraeus kisses his wife Holly during an armed forces farewell tribute and retirement ceremony at Joint Base Myer-Henderson Hall in Arlington, Va. Gen. Petraeus, the retired four-star general who led the U.S. military campaigns in Iraq and Afghanistan, resigned Friday, Nov. 9, 2012 as director of the CIA after admitting he had an extramarital affair. (AP Photo/Susan Walsh, File)

WASHINGTON (AP) ? The career of David Petraeus, the CIA director and renowned general, was derailed by allegedly vicious emails his paramour sent to another woman. Now the CIA, FBI and White House face questions from Congress about Petraeus' love life and how his emails came under investigation.

Petraeus quit his post Friday after acknowledging an extramarital relationship.

He had been scheduled to appear before congressional intelligence committees on Thursday to testify on what the CIA knew and what it told the White House before, during and after the Sept. 11 attacks in Benghazi, Libya, that killed the U.S. ambassador and three other Americans.

It now falls to the CIA's deputy director, Michael Morell, to answer lawmakers' questions about the attack on the U.S. Consulate and CIA base.

But Sen. Dianne Feinstein, D-Calif., who heads the Senate committee, said she hasn't ruled out compelling Petraeus to testify about Benghazi at a later date. "We may well ask" him at some point, she told "Fox News Sunday." ''I think that's up to the committee."

Meanwhile, Morell and the FBI's deputy director, Sean Joyce, also will be asked for answers about who they informed and when in the Petraeus investigation, in meetings with congressional intelligence committee leaders Wednesday, according to a senior intelligence committee aide.

The director of national intelligence, James Clapper, was told by the Justice Department of the Petraeus investigation on election night, and then called Petraeus and urged him to resign, according to a senior U.S. intelligence official who spoke on condition of anonymity because he was not authorized to discuss the investigation publicly.

But the FBI did not inform the committees that oversee the CIA until Friday, after the news about Petraeus broke.

FBI officials have explained that the committees weren't informed, one official said, because the matter started as a criminal investigation into harassing emails sent by Petraeus' biographer, Paula Broadwell, a 40-year-old graduate of the U.S. Military Academy and an Army Reserve officer, to another woman.

The identity of the other woman and her connection with Broadwell were not immediately known, but that probe led agents to Broadwell's email, which uncovered the relationship with Petraeus, a 60-year-old retired four-star general, according to an official who spoke to The Associated Press on Saturday.

Concerned that the emails he exchanged with Broadwell raised the possibility of a security breach, the FBI brought the matter up with Petraeus directly, according to the official, who spoke on condition of anonymity because he was not authorized to publicly discuss the investigation.

Petraeus decided to quit, though he was breaking no laws by having an affair, officials said.

"He decided he needed to come clean with the American people," said Steve Boylan, a retired army officer and former Petraeus spokesman who talked with him Saturday.

In a phone call, Petraeus lamented the damage he'd done to his "wonderful family" and the hurt he'd caused his wife, Boylan said. Petraeus has been married for 38 years to Holly Petraeus.

"He screwed up, he knows he screwed up, now he's got to try to get past this with his family and heal," said Boylan.

Broadwell interviewed the general and his close associates intensively for more than a year to produce the best-selling biography, "All In: The Education of General David Petraeus," which was written with Vernon Loeb, a Washington Post editor, and published in January.

The CIA did not comment on the identity of the woman with whom Petraeus was involved.

Broadwell is married with two young sons. She has not responded to multiple emails and phone messages. She'd planned to celebrate her 40th birthday in Washington this weekend, with many reporters invited. Her husband emailed guests to cancel the party.

CIA officers long had expressed concern about Broadwell's unprecedented access to the director. She frequently visited the spy agency's headquarters in Langley, Va., to meet Petraeus in his office, accompanied him on morning runs around the CIA grounds and often attended public functions as his guest, according to two former intelligence officials.

Petraeus' staff when he was overseeing the war in Afghanistan similarly had been concerned about the time she spent with their boss.

In the preface to her book, Broadwell said she first met Petraeus in the spring of 2006 while she was a graduate student at the Kennedy School of Government at Harvard.

___

Associated Press writer Adam Goldman contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-11-11-Petraeus%20Resigns/id-9350fb4f678b45c3bc4aaa71a4fec22c

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Sunday, November 11, 2012

Pre-Order: Free 13 HR Strategy Apps for 2013 | HR C-Suite

About Tresha Moreland

Tresha D. Moreland, MS, MBA, SPHR is an HR thought leader in Human Resource Strategic Management. She has held key human resource leadership roles for over 15 years in multiple industries most recently a senior vice president in the healthcare industry. Tresha is the founder and publisher of HR C-Suite (www.hrcsuite.com). HR C-Suite is a game changer results-based HR strategy website. It is a first-of-it's-kind site that organizes HR strategy based on desired business result. She has developed a business philosophy of integrating human resources with business strategy, thus creating a hybrid HR leadership approach. This approach enables the leveraging human resources to achieve business results.

Source: http://www.hrcsuite.com/career-management/13strategyapps

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How to Market, Promote and Sell Your Book | Sparkle & Shine

Considering Self-Publishing: A Panel Conversation, Part 2 of 4

This is a series of blog posts transcribing a Google+ Hangout conversation I had in October 2012 with a panel of experienced book authors, book marketers, writing & publishing coaches and a few people who had some burning questions for our panel!

Previously we discussed:

In this second installment, address our second Question, panel recommendations for: How to Market, Promote and Sell Your Book?

Further discussion points in upcoming posts include:

Q3: Who To Consider When You?ve Decided to Self-Publish
Q4: Coaching From Concept Through Publishing

Book Authors & Publishing. For this second episode of #SparkleSOS, as with the first, we had a Facebook RSVP Page and Google+ Event Page. I also created a Feedback Form, which I encourage you to fill out to add your thoughts and help shape the next #SparkleSOS Hangout.

Transcribed by: Alex Conde

Guest: Christine Cowley, Author, editor, writing coach Life Gems
Guest: Michelle Vandepas, Professional book marketer
Guest: Richard S Todd, Author Raincloud: A Novel
Guest: Daniele Rossi, eBook author, Hangout/podcast producer, illustrator
Moderator: Debbie Horovitch, Social media concierge, Social Sparkle & Shine

Here is the video:

Debbie: Okay, that?s a great suggestion and I really like how Richard suggested funding the hard copy book by publishing first digitally. I want to jump a little bit ahead and jump into some of the questions people are really wondering about, such as ?How do you really market and sell your book?? because that?s when you?re going to start see a return on the time, and the blood, sweat, tears and money that you?ve put into your book. So, I?m going to throw this one to Michelle to start off since I know that?s what you really focus on ? after post-publishing and marketing. Can you tell me a little about what the most common challenge people face and what are some tactics for resolving it.

Michelle: The biggest challenge people face is really not understanding that they?re going to have to market their own book ? even if they have a publisher. ?I?ve worked with authors from all the big publishers and it?s mind boggling how little a publisher can afford to do these days to help an author market. But it is easy to get sidetracked and go down a road where you?re doing facebook, twitter, squidoo, amazon, blogging, etc? and before you know it you?re not writing anymore. ?You really have to pick and choose. You have to dig deep and find out where your personal strengths are.

When I work with an author who might be a sales expert, I might suggest to them that they go on LinkedIn and start a group, and focus on teaching people sales. ?That then becomes the online platform to drive people to either their website or amazon or their own personal website, depending on their goals to move their book. ?It depends, author to author. I know one author who sold 60,000 copies of a book on twitter. But she worked twitter for about 18 months before she even published the book. She worked full-time, making connections with people before she published, while she was writing the book. I can?t share who it was, but it was in the music genre. I don?t think she says that?s how she became a New York Times best-selling author. But, as the authors on the panel know, agents and publishers look for your platform when they?re picking you up.

Debbie: So they look for an existing audience?

Michelle: Absolutely. But you don?t have to have it everywhere, you just have to have an audience. So, your whether your audience is because you teach local workshops or your audience is on your blog, you just have to have it. So, if you?re not a networker and you like to write, then blog. There?s always somewhere. So, that would be my advice. Don?t be everywhere. Stay with your passion, your strengths, and don?t go crazy. Find the one thing you can get passionate about and use that to market your book.

Debbie: Do either of you have more to add about your experience?

Richard: Well, I can say for me that it was more the face-to-face, doing book tours and book festivals, signings and friends. Just going and meeting friends. Everyone loves to get a signed copy and maybe sell it on e-bay one day. And using social media as well. I?ll probably use that a lot more with the new book, Orphans of the Creek, because I don?t have that physical copy. For me, it was also about selling myself ?as well. Because when you?re speaking to people, you?re selling your dream and talking about your story while they tell you about their experience.

A lot of the people I sold books to on my tour were writers themselves. So that to me was a big help in getting my name out there and selling books. Social media helps, but I think for me, Raincloud at the time it came out in 2008, the face-to-face was more important than the social media. But now that I?ve got more of a handle on that over the last 2 years I?ll use it a lot more. But, I would say that 60,000 is a great number of books to sell, but that?s more of an exception than the rule.

Michelle: Absolutely, it was an excellent launch. Definitely a best seller.

Richard: Why would she even want a traditional publishing house? That?s funny. A lot of people who say they self-publish with the goal of getting a traditional publishing contract? I?m not sure why they would want to do that if they have the means to go about it themselves. Maybe not throw a bunch of books in a truck and go coast-to-coast with gas at $1.30 a litre. I don?t know what the return on that would be, but still, I don?t know if anyone else has any comments on self-publishing and staying self-published or if the goal is to build that audience and get a traditional publishing contract.

Christine: I?ll go ahead. I think it depends on the book and the platform that you have. I am working on a book now that I?ll definitely be seeking a traditional publisher for. It?s a fiction. I?ve never done full-length fiction before, so it?s new for me. I really want that safety net that they have. It?s absolutely true that publishing houses won?t do your marketing for you anymore, but they will work with you. They have the ability to open doors that are difficult or impossible to open. So, it depends on the book I think. I definitely, really encourage people who have never been published to try self-publishing. It just breaks down so many personal barriers for them to say they have a book. And, as everyone else on the panel has said, self-publishing is not the vanity publishing that it used to be. I want to tell you a little story about the Writers Union of Canada.

The Writers Union of Canada does not, right now accept members who do not have a traditionally published book. But they?re talking REALLY seriously about it, because so many members of the Writers Union, some of whom are really revered authors, are actually stepping into self-publishing and Debbie and Richard, you met one last night, that was Bill. His publishing credits speak for themselves and he stepped into self-publishing. I think that is so awesome! And it absolutely proves that the world is so changing for self-publishing, so I really encourage people rather than the frustration of sending out a million query letters and getting or waiting to get a million rejections, get out there and make it an e-publication if you don?t have the budget to do a hard copy but do something toward making your dream a reality.

Debbie: Michelle, did you have something to add to that as well?

Michelle:? (experiencing technical difficulties)

Richard: Can I touch on that last point while we?re working on audio? I think there?s a difference. While Bill is a great example of someone who thought, ?Y?know I?m going to try this self-publishing thing and see if I like it.? And he had a great experience with it, but I think the vast majority of self-published authors aren?t Bill. Bill already had that audience, he has years of experience and people know who he is. Your typical self-published author is coming out of left field and they still have to do all that work. So, it?s great that he did that but there are a lot of challenges, as you know, that your typical self-pubber has. A lot of obstacles, but it is a greater learning experience than going in blind with a traditional publisher.

Christine:?Well the thing too is Richard, if you?re having no trouble getting an agent, and no trouble getting a publisher, then by all means. But if you?ve been trying for a year just to get somebody to read your book and you know it?s sitting on the slush pile, then, rather than abandoning the project and becoming discouraged, it might be worth trying to self-publish.

Richard: Well I agree and I faced that after being in the slush pile I thought, ?Do I leave my book Raincloud on my computer, or do I actually go out and do I get it out to people.? And I believed enough in it that I wanted to get it out there and I?m glad I did too. Otherwise it would still be there.

Christine: I love what you said, you believed enough in it, and Debbie maybe you can get Richard to expand on it or remind us what we heard last night, because I think all of the authors we heard last night spoke about how absolutely essential it is to totally believe in your book.

Debbie: I think last night was really interesting for me because it was the first time I?ve seen a group of authors speaking so openly and so honestly and for me even it was a bit overwhelming to take in. But truly, I think that no matter what you?re doing in life, no matter what your project is, there will be walls that you come up against and challenges that you really need to turn into a positive opportunity, and you need to have the personal fortitude to walk through those challenges because if you?re still being challenged you?re not done yet. If you haven?t finished the work you?re not done yet, and you can?t give up until you?re done. You?re done when you?ve succeeded and you?ve achieved everything, and then you move on to the next thing. Otherwise, you curl up and die. So, I think that that passion was exhibited and spoken about was very strong and very obvious.

Michelle: There are times when I think that if you can get a decent publisher it can be valuable. Or if you work with somebody that?s going to help self-publish who knows the ropes because you do need a good editor. Rarely can you write your manuscript and publish it and have a good book.? So, you want someone to help with the process of either editing, and putting the book into a package that?s marketable and saleable. And some of the self-publishing houses are better than others at that piece. And so the other time when you may choose to really go for a publisher if you can get one is if you are really a writer and are never going to be able to market because it?s not what you do and you?re pumping out the books one after another.

I have an author who does about 4 or 5 romance fiction books a year and she?s at number 30 or something. She just keeps them going. There?s a stream, an audience for her. So those are a couple of instances where this makes sense, but she didn?t get a publisher without some work in the beginning and she?s had that publisher for a number of years. But again, if you?re going to self-publish, it?s worth hiring someone who can take you through the process the first time, because I have seen as many horror stories around self-publishing as I have success stories. And even if it?s just a quick consult to sort of understand all of the options out there in the world I think it?s worth it.

Richard: I?d like to touch on one thing that was just said as far as the differing levels of services and the competencies of editors with different self-publishing companies. I would recommend to anyone who?s thinking of self-publishing is to find an independent editor outside of self-publishing companies because the markup is ridiculous and what they charge to do anything for you is unbelievable. They charge per word, which I never understood why editors charge per word.

The minimum fee you can look at for an editor is $50 per hour. My editor charges more than that and she did a great, great job. iUniverse as well, they did a great job editing Raincloud and I have no complaints about the editorial work they did. But the price was a little exorbitant, so I?d recommend to anybody doing as much work as they can as far as design and as far as editing before you go to any self-publishing house that offers those same services.

The next episode of #SparkleSOS discussing issues of books authors & publishing is scheduled for November 14, 2012 on Google+ Hangouts on Air at 8pm ET.

Want access to my FREE public resource library of social media whitepapers, ebooks and courses from experts around the world? Want Social Sparkle & Shine to review your business, media channel, launch event or promotion? Send an email invitation to debbie@theSparkleAgency.com for immediate access

? By: Debbie Horovitch

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Source: http://www.thesparkleagency.com/how-to-market-promote-and-sell-your-book/

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CIA chief Petraeus resigns, cites extramarital affair

NBC's Brian Williams and NBC's Andrea Mitchell report on the resignation of well-regarded former General David Petraeus from the CIA after he admitted an affair.

By Andrea Mitchell and Robert Windrem, NBC News

WASHINGTON -- CIA Director David Petraeus resigned Friday, citing an extramarital affair and "extremely poor judgment."

As first reported by NBC News, Petraeus disclosed the affair in a letter released to the CIA work force on Friday afternoon, writing: "Such behavior is unacceptable, both as a husband and as the leader of an organization such as ours."

Petraeus told President Barack Obama of his affair and offered his resignation during a meeting Thursday, a senior official told NBC News.?

In a statement, Obama said he accepted Petraeus?s resignation on Friday.

"By any measure, through his lifetime of service, David Petraeus has made our country safer and stronger," Obama said of the four-star general, who led American forces in Iraq and Afghanistan.

Petraeus'?biographer,?Paula Broadwell, is under FBI investigation for improperly trying to access his email and possibly gaining access to classified information, law enforcement officials told NBC News on Friday. She is the author of Petraeus' biography, "All In." Broadwell?had extensive access to Petraeus in Afghanistan and has given numerous television interviews speaking about him.

Broadwell could not be reached by NBC News for comment.?

David Petraeus a battlefield 'hero' and savvy Washington insider

Petraeus himself is not under investigation.

A U.S. military official and long-time aide to?Petraeus told NBC News?the director?resigned "because he screwed up."

"In his mind, in his views, with his code of ethics and morals, he did a very dishonorable thing," the official said. "This had nothing to do with Benghazi, nothing to do with his relationship with the White House."

Petraeus was appointed CIA director in April 2011, replacing Leon Panetta, who moved to the Pentagon to become defense secretary.

Petraeus served as commander of the war in Afghanistan in 2010-2011. Before that, he served as commander of the U.S. Central Command and as the commanding general of U.S. forces in Iraq.?Because of those roles, he was seen as?bringing a ?customer?s eye? to the intelligence job.?

Sen. Dianne Feinstein, D-Calif., chair of the Senate Intelligence Committee, told NBC News that Petraeus?s personal mistake should not have led to his departure.

"I would have stood up for him," Feinstein said in response to his indiscretion. "I wanted him to continue. He was good, he loved the work, and he had a command of intelligence issues second to none."

Mandel Ngan / AFP - Getty Images file

General David Petraeus, center, takes the oath of office as the next director of the CIA from Vice President Joe Biden, right, as Petraeus's wife, Holly, watches on Sept. 6, 2011 during a ceremony at the Roosevelt Room of the White House in Washington, D.C.

Feinstein said she respects Obama?s decision to accept the Petraeus resignation, but wishes he hadn't.

She also said Petraeus will not need to testify at hearings she is chairing next week into the attack on the U.S. consulate in Benghazi, Libya. Ambassador Christopher Stevens and three other Americans were killed in the attack.

Rep. Peter King, R-NY, chairman of the House Committee on Homeland Security, said he regrets Petraeus's resignation. "General Petraeus is one of America's most outstanding and distinguished military leaders and a true American patriot," King said in a statement.

Sen. John McCain, R-Ariz., said it was Petraus's "genius" that was responsible "for the success of the surge in Iraq."

"General David Petraeus will stand in the ranks of America's greatest military heroes," McCain said in a statement.

Multiple sources tell NBC News that Mike Morrell, the deputy CIA director and a longtime CIA officer, would likely be offered the job as acting director, with the understanding that he may be elevated to the job permanently.

That's how George Tenet got the job, first as deputy director in July 1995, then acting director following the resignation of John Deutch in December 1996 and finally as director in July 1997, staying on in the Bush administration.

Morrell is a longtime CIA analyst and was an eyewitness to two of the most momentous events in recent U.S. history. He was traveling with President George W. Bush on Sept. 11, 2001, as the president's briefer, and was in the Situation Room on May 1, 2011, as deputy CIA Director, when Navy SEALs killed Osama bin Laden.

Morell began his agency career as an analyst tracking international energy issues and subsequently worked for 14 years as an analyst and manager on East Asia. In 1999, he was appointed director of the Office of Asian Pacific and Latin American Analysis. He also has served as a presidential briefer, as chief of the staff that produces the president's daily briefing, and as an executive assistant to CIA Director George J. Tenet.

From 2003 until 2006, he served overseas. Upon his return, he was briefly deputy director for intelligence at the National Counterterrorism Center before being asked to become associate deputy director at the CIA.

NBC's Andrea Mitchell reports on the resignation of CIA Director David Petraeus after citing an extra-marital affair and apologizing for poor judgment.

Here is the full text of Petraeus' letter:

HEADQUARTERS Central Intelligence Agency

9 November 2012
Yesterday afternoon, I went to the White House and asked the President to be allowed, for personal reasons, to resign from my position as D/CIA. ?After being married for over 37 years, I showed extremely poor judgment by engaging in an extramarital affair. ?Such behavior is unacceptable, both as a husband and as the leader of an organization such as ours. ?This afternoon, the President graciously accepted my resignation.

As I depart Langley, I want you to know that it has been the greatest of privileges to have served with you, the officers of our Nation's Silent Service, a work force that is truly exceptional in every regard. ?Indeed, you did extraordinary work on a host of critical missions during my time as director, and I am deeply grateful to you for that.

Teddy Roosevelt once observed that life's greatest gift is the opportunity to work hard at work worth doing. ?I will always treasure my opportunity to have done that with you and I will always regret the circumstances that brought that work with you to an end.
Thank you for your extraordinary service to our country, and best wishes for continued success in the important endeavors that lie ahead for our country and our Agency.

With admiration and appreciation,
David H. Petraeus

Andrea Mitchell is NBC News? chief foreign affairs correspondent. Robert Windrem is NBC News? senior investigative producer. NBC News Chief White House Correspondent Chuck Todd contributed to this report.

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Source: http://usnews.nbcnews.com/_news/2012/11/09/15054517-cia-director-david-petraeus-resigns-cites-extramarital-affair?lite

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