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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review June 26, 2013/ 18 Tamuz, 5773

NSA takes the Fourth

By Dick Morris




http://www.JewishWorldReview.com | The only way to grasp the impact of the NSA surveillance program is to see it as a wholesale repeal of the Fourth Amendment. The detailed rules National Security Agency analysts follow show the breathtaking reach of its potential for eavesdropping without any of the protections of our Constitution.

According to FISA court rulings released by the NSA pursuant to a Freedom of Information Act request, low-level agency analysts are allowed to assume that if they cannot identify the location of any participant in a phone call or an email, he or she is on foreign soil, which would allow them to listen in on the call or read the email. And, in the event that they "inadvertently" listen in on a conversation between Americans on American soil, they can report any criminal activity or plans to harm a person or property that they hear or read about in the call or the email.

So, if the NSA intercepts a phone call or email between Joe and Harry, both of whom are in the United States, but the analyst could not tell where Harry is, he can listen in on the call. Once he discovers that Harry and Joe are both, in fact, on U.S. soil, he has to stop listening. But anything he had already "inadvertently" heard is actionable. In other words, he's perfectly free to report the "criminal" activity to his superiors — to the FBI, the CIA, the EPA, the ICE, the IRS or any other agency that seems relevant to him.

Bear in mind, we are speaking here of low-level analysts eavesdropping on tens of thousands of phone calls. The only check on their activity is an "audit" of a random sample of the calls and emails they intercept by their supervisors.

So how does this NSA jurisdiction amount to anything other than a repeal of the Fourth Amendment? This "inadvertent" wiretapping needs no warrant, no notification of any court or even of any superior or supervisory official. And the "crimes" uncovered by it need not relate to national security or terrorism. If the NSA analyst uncovers a plot to rob a bank, he can report it as he wishes. Good-bye warrants. Good-bye Fourth Amendment.

President Obama and the NSA's citation of the 50 terrorist acts they say their surveillance has averted is irrelevant at best and disingenuous at worst. All of the examples cited were under Section 702, which permits the NSA to listen in on calls between an American and a person who is not on American soil. Nobody objects to that. It is, indeed, a useful tool in fighting terror, and everyone who communicates with someone in another country just has to suck it up and realize that their communication could be intercepted.

But not one of the 50 shades of terror prevented by NSA intervention stemmed from Section 2015 wiretaps of conversations among Americans on U.S. soil. The very paucity of this information indicates how unnecessarily intrusive NSA domestic surveillance is.

But we dare not eliminate it in this era of terrorism and covert operations that target our lives and property.

So, the clear need here is for an Internal Affairs unit within the NSA, fully equipped with subpoena power, the ability to empanel grand juries and bring indictments and endowed with a large staff. The head of the unit should be designated by the Intelligence Committee chairmen and ranking members in each chamber so they are independent of the executive branch.

The powers that the NSA confers on average analysts — Edward Snowden was not even a college graduate — are extraordinary and only justifiable in an environment that is rigorously policed by an independent agency within the NSA. It is only the threat of harsh disciplinary action, including jail time, that gives us any assurance that analysts are not abusing their virtually limitless powers.

Dick Morris Archives


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© 2013, Dick Morris

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