Patricia Williams argues that the war on terror represents a new type of war different from traditional wars. The war on terror does not constitute a war against an identifiable nation or group but targets an abstract concept known as terrorism. This concept is not linked to specific borders, armies, or resources. It is a war against fear, emotion, and uncertainty, where the combatants may be anyone or anything perceived as a threat. The new war is distinguished by legal and constitutional changes through policies such as Indefinite detention, secret tribunals, and erosion of civil liberties in the name of national security. These measures mark a new departure from the traditional wartime practices in which due process and accountability were cornerstones. The new war is pursued on the physical battlefields and in the minds of the citizens, where fear may lead to the breakdown of trust and tolerance for authoritarian measures.

The “Roving Wiretaps” of the Patriot Act violate the Fourth Amendment, which protects citizens against unreasonable searches and seizures. This amendment requires specificity in warrants, mandating that they describe the place to be searched and the persons or things to be seized. Roving wiretaps allows a single court order to authorize surveillance across multiple communication devices without explicitly identifying the devices beforehand. This increases the risk of accidental surveillance of innocent individuals who may come into casual contact with the suspect.

“Sneak and Peek” also seems to violate the Fourth Amendment’s guarantee of timely notification in searches and seizures. Under this provision, law enforcement can delay notifying the target of a search. The lack of immediate notification could leave individuals unaware of potential violations of their privacy. Such invasive methods should be tailored to situations where public safety or the investigation is at substantial risk.