- Whats new about the war on terror is that it was a war against terrorist. Which made it a war against anybody that we felt threatened by. Its different from traditional wars because it involved other countries and they would fight over land and resources.
- The “Roving Wiretaps” of the patriot act seems to violate the bill of rights because it uses devices to snoop out criminals and terrorist without them knowing regardless if they are a suspect or not. This violates the fourth amendment by invading their privacy through mobile phones without them knowing or giving consent.
- The “Sneak and Peek” warrants gave the government the right to search someone’s home or business without notifying the target of the investigation.
Sady Franco Rodriguez~ Discussion Board 9.2
- The difference between a war on terror and a traditional war is that in a traditional war we know who the enemies are we are going to battlefields to fight against the enemies everything is clear start to finish but when we talk about war on terror is a war of the mind “A war against terrorism is a war of the mind, so broadly defined that the enemy becomes anybody who makes us afraid. Indeed, what is conspicuous about American public discourse right now is how hard it is to talk about facts rather than fear.”(Reading 9.2). War on terror there is no clear enemy it could be anyone that’s what causes everyone to be on edge and afraid.
- The “Roving Wiretaps” go against the Fourth Amendment because the Fourth Amendment is put in place to put a limit on both unreasonable searches and seizures and with the “Roving Wiretaps” they are pretty much allowed to wiretap anyone they find suspicious without telling them they or something of theirs is wiretapped. It allows them to spy on you or anyone you happen to come in contact with while being wiretapped this would be considered an invasion of privacy because now that gives them access to you and everyone around you.
- The “Sneak & Peak” warrants also goes against a person’s Fourth Amendment because they are not letting the property owner know they will be conducting a search on their private property.
Kitt Nivans Response to Discussion Board 9.2
1. P. Williams writes in her essay, that the war on terror is a new type of a war. What’s new about it, how is it different from traditional wars?
The war on terror is a war primarily against civilian enemies committing acts of terror, instead of a traditional war that would be against a specific body or land. P. Williams describes it as a “war of the mind” because these enemies are undefined and thus become anything or anyone that we imagine could make us afraid in addition to the actual threats. This is further different from traditional wars because we needed to find out who might be involved through the civilian population, which led to President Bush overextending his executive power without the ability for Congress or judicial checks and balances. Government acts and laws were put into place that removed rights from citizens and non-citizens alike who were suspected of terrorism, which in and of itself could have meant behaving in ways that were unsupportive or unpatriotic. In a way, it could have been seen as a war on the privacy and legal rights of the American people because many rights, such as those that protect freedom of speech or expression, or the rights surrounding a fair trial and self-incrimination, were taken away by the government.
2. In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?
“Roving wiretaps” allow for one wiretap authorization to cover multiple devices, instead of needing individual authorizations for each phone, PC, or other piece of technology a suspect possesses. This seems to violate the Fourth Amendment because it essentially makes the requirements for search warrants less than what is established. It allows for one warrant to allow federal officers to track the usage and contents of someone’s property on an ongoing basis, regardless of if that individual is using it or if they are aware it is being tracked. The items are not being seized and searched, but instead tracked, meaning that it is possible for the rights of those who are not the suspect to be infringed upon if they happen to be in contact with the suspect or use their technology during the time in which the suspect is being tracked. It also is a system based around pursuing self-incrimination, which is protected under the Fifth Amendment, through violating one’s privacy in the hope of discovering evidence of a crime.
3. What about “Sneak and Peek” Warrants?
“Sneak and Peek” warrants let authorities search a home or business without notifying the target that they are the subject of an investigation. Investigators need to explain why they want the delay notice and argue that it can help to secure information that could otherwise be covered up with having to announce the investigation. However, this also violates the Fourth Amendment, as it requires for the search to be announced as well as the items that will be seized. Sneak and Peek warrants skirt around that by allowing for investigators to enter into a suspect’s house unannounced, which violates the privacy that is expected in regards to one’s home. It creates situations where evidence could be fabricated or planted in order to condemn someone, and makes it so that the exclusionary rule would not apply because it counts these situations as legal. This once again violates the expected privacy one has under the bill of rights by allowing authorities to enter into and investigate your property without anyone being present.
Discussion board 9.2, (Gabriela Gonzalez)
1. Patricia Williams states in her essay that “A war against terrorism is a war of the mind”. She explained how a war on terror is different from traditional wars because war on terror is based on emotionalism rather than “a war against specific bodies, specific land, specific resources” which are the elements of a traditional war. The war on terror attacks peoples’ minds by making whoever becomes the enemy afraid.
2. I believe that the “Roving Wiretaps” seems to violate the Bill of Rights, the Fourth Amendment to be specific. I believe that the “roving Wiretaps” seems to violate the FOurth Amendment because this amendment is intended to protect citizens against “overzealous efforts by law enforcement to root out crime by ensuring that police have good reason before they intrude on people’s lives with criminal investigations.”
3. The “Sneak and Peek” Warrants are also a form of violation of the fourth amendment. In my opinion, the sneak and peek is a contradiction of this amendment because under the protection of this clause it states that “government officials are required to apply for and receive a search warrant prior to a search or seizure; this warrant is a legal document, signed by a judge, allowing police to search and/or seize persons or property”. In the case of the “Sneak and Peek”, I believe that is directly violating this right, because it allows investigators to search the houses of certain criminals without a search warrant, which is precisely what the Fourth Amendment is trying to protect.
Civil Liberties and the Bill of Rights
- Williams writes in her essay that the war on terror is a new type of war. What’s new about it? How is it different from traditional wars?
Williams writes that the war on terror is a new type of war because it is a war of the mind. It is not a war against a specific body, specific land, or specific resources, but a war against anyone who makes us afraid.
2. In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?
The “Roving Wiretaps” of the Patriot Act seems to violate the Bill of Rights because it allows one wiretap authorization to cover multiple devices. This violates the Fourth Amendment because it’s a boundary between a general individual’s freedoms and the rights of those suspected of crimes, and the language of the Roving Wire Tap Act could lead to privacy violations for those who casually come into contact with a suspect.
3. What about “Sneak and Peek” Warrants?
The “Sneak and Peek” warrants violate the right to be present in the home while a search is being conducted. This allows the authorities to enter the home while no one is there, giving room for the authorities to plant evidence on the suspected person. This is a violation because it isn’t only able to be used for terror investigations or espionage cases, but it allows the “sneak and peek” warrant for minor crimes. This violates the Fourth Amendment, which protects us from overzealous efforts by law enforcement to root out crime by ensuring that police have a good reason before they intrude on people’s lives through criminal investigations.
Discussion Board 9.2
- P. Williams writes in her essay, that the war on terror is a new type of a war. What’s new about it, how is it different from traditional wars?
Patricia Williams argues that the war on terror represents a departure from traditional wars because it involves combatting non-state actors, has a global reach, and lacks clearly defined enemies and objectives. Unlike conventional wars between nations, the war on terror presents unique challenges due to the elusive nature of terrorist threats and the need for a coordinated international response.
2. In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?
The “Roving Wiretaps” provision of the Patriot Act raises concerns about violating the Fourth Amendment’s protection against unreasonable searches and seizures. By allowing law enforcement to obtain warrants that apply to multiple devices or locations without specifying them, roving wiretaps could enable broad surveillance without sufficient judicial oversight, potentially infringing on individuals’ privacy rights guaranteed by the Fourth Amendment.
3. What about “Sneek and Peek” Warrants?
“Sneak and Peek” warrants, also authorized under the Patriot Act, raise similar Fourth Amendment concerns by allowing law enforcement to conduct searches without immediately notifying the property owner. This lack of transparency and notification undermines the Fourth Amendment’s protections against unreasonable searches and seizures, potentially infringing on individuals’ privacy rights and due process.
Essence Edmonds -DB 9.2
Board 9.2
1. P. Williams writes in her essay, that the war on terror is a new type of a war. What’s new about it, how is it different from traditional wars?
The war on terror is considered a new type of war due to its unconventional nature and the characteristics that differentiate it from traditional wars. Unlike traditional wars between two or more nations, the war on terror is a conflict against non-state actors, such as terrorist organizations, rather than sovereign states. This type of warfare blurs the lines between combatants and civilians, making it challenging to distinguish between friend and foe. Additionally, the war on terror often involves asymmetrical tactics, such as terrorism and guerrilla warfare, which further differentiate it from traditional warfare that involves conventional military strategies and battlefield engagements.
2.In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?
. The “Roving Wiretaps” provision of the Patriot Act raises concerns regarding potential violations of the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. Roving wiretaps allow the government to intercept communications without specifying the target or location, potentially leading to the surveillance of individuals not named in the warrant. This lack of specificity and the broad scope of surveillance can infringe upon the privacy rights guaranteed by the Fourth Amendment. Additionally, the provision may also violate the First Amendment, which protects freedom of speech and association, as it could deter individuals from engaging in lawful communication due to the fear of being monitored.
3. What about “Sneek and Peek” Warrants?
“Sneak and Peek” warrants, authorized under the USA PATRIOT Act, allow law enforcement agencies to conduct searches without immediately notifying the subject of the search. This provision permits authorities to enter and search premises, seize property, and delay notification of the search to the individual involved.
Alejandra Mieles- Bill of Rights
- P.Williams writes in her essay, that the war on terror is a new type of war. What’s new about it, how is it different from traditional wars?
In her essay, P. Williams states, ”This concern is heightened by the fact that the war has been framed as one against “terror” – against unruly if deadly emotionalism – rather than as a war against specific bodies, specific land, specific resources” (Williams 1). This means that the enemy is not clearly defined, and the battlefield is not limited to a specific geographic area. Additionally, the tactics used in this type of war, such as suicide bombings and cyber attacks, are not traditional methods of warfare.
2. In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why ?
The “Roving Wiretaps” of the Patriot Act permits the government to surveil and monitor individuals communications without the need for a specific warrant. This act appears to contradict the Fourth Amendment, which protects citizens against unjustified searches and seizures unless authorized by a warrant of probable cause.
3. What about “Sneek and Peek” Warrants?
“Sneak and Peek” warrants enable law enforcement to search an individual’s property without immediately notifying them of the search. This practice appears to contravene the Fourth Amendment’s prohibition of unreasonable searches and seizures, as well as the Fifth Amendment’s safeguard against self-incrimination. These warrants authorize searches without the need to establish probable cause before a judge, leading some to contend that they violate the Fourth Amendment.
Nino Inasaridze DB 9.2
- When P. Williams mentioned that war on terror is a new type of war in her essay, she was referring to their new ways. For example, the enemy usually is more on terrorist groups list ISIS instead of other countries. Terrorsit groups tend to use ver different tactics than traditional war like suicide bombings and cyber attacks.
- The “Roving Wiretaps’ ‘ of the Patriot Act seem to violate the Bill of Rights in various ways. Roving Wiretaps had the government having access to listen to people’s conversation. It seems to violate the Fourth Amendment, protecting someone against an unreasonable search.
- “Sneak and Peek” warrants are a law enforced by the Patriot Act for law enforcement to search someone’s property without telling them first. Most believe this goes against the Fourth Amendment as you should be protected from unreasonable searches.