Summary
1. In Patricia Williams' essay "This Dangerous Patriot's Game," she discusses how the war on terror represents a departure from traditional wars due to its intangible nature and the blurred boundaries between combatants and civilians. Unlike conventional wars with defined battlefields and identifiable enemies, the war on terror is characterized by asymmetrical warfare, where the enemy may not be easily identifiable and can operate within civilian populations. This presents challenges in terms of distinguishing between combatants and non-combatants, as well as in determining the appropriate methods of combat and the limits of state power.
2. Regarding the Patriot Act, the provision of "Roving Wiretaps" allows law enforcement agencies to obtain warrants to intercept communications without specifying the target or location of the surveillance. This seems to violate the Fourth Amendment of the Bill of Rights, which protects against unreasonable searches and seizures. Roving wiretaps raise concerns about potential abuse of power, as they allow for broad surveillance without the need for specific suspicion or probable cause related to a particular individual or location. Critics argue that this undermines the right to privacy and due process guaranteed by the Constitution.
3. Similarly, "Sneak and Peek" warrants authorized by the Patriot Act permit law enforcement to conduct searches of private property without immediately notifying the owner or occupant. This provision violates the Fourth Amendment's protection against unreasonable searches and seizures, as well as the requirement for law enforcement to obtain a warrant based on probable cause and to provide timely notification of the search. It can be argued that sneak and peek warrants erode civil liberties and the right to be free from unwarranted government intrusion into private spaces.