Daniel Fields – Civil Liberties and the Bill of Rights

  1. P. Williams is referring to the War on Terror, which characterizes all civilians as potential major threats. She wants to convey to the audience that this places a significant burden on civilian life. For example, before the War on Terror, individuals wouldn’t typically view their neighbors as potential terrorists. Furthermore, this “new type of war” is no longer confined to distant shores; it involves your local neighbor, postal worker, or even local policeman.
  2. The “Rover Wiretaps” of the Patriot Act allow for extraordinary measures like authorizing wiretaps to monitor multiple devices. The effort would be to combat the suspects that can use multiple cellphone’s to evade authority’s. This violates the 4th amendment that protects against unreasonable searches and seizures requiring warrants. Some people may be minding their own business when their voice is picked up randomly from a Rover Wiretap which would also violate the 4th amendment.
  3. The “Sneak and Peek” Warrants allow police to get a warrant that lets them search a home without anyone being present or suspect being present. This also can violate the 4th amendment. 

Zeimoni Dansby Discussion Board 9.2

1. The war on terror is a new type of war because it is not confined to a specific geographic location, but rather is a global conflict. It is also characterized by asymmetric warfare, where the enemy does not follow traditional military tactics and often uses guerrilla warfare and terrorist tactics. 

2. The “Roving Wiretaps” of the Patriot Act seems to violate the Fourth Amendment of the Bill of Rights, which protects against unreasonable searches and seizures. The Roving Wiretaps allow for surveillance without a specific location or target, which could be interpreted as unreasonable and a violation of the Fourth Amendment. 

3. “Sneak and Peek” Warrants are a controversial aspect of the war on terror. They allow for surveillance without informing the subject of the surveillance. This could be seen as a violation of the Fourth Amendment, which requires that searches and seizures be reasonable and that the subject be informed of the surveillance. 

DB 9.2

  1. The war on terror is considered new because of the moral fear around the government and the citizens of the US. Before the 9/11 attacks, the US would attack other countries and after this, the government didn’t know how to handle everything which caused the government to take new precautions to keep everyone safe.
  2. ”Roving Wiretaps” violate the bill of rights because it violates fifth amendment which is having the right to remain silent without a grand jury present. It also violates the third amendment which is the “zone of privacy”. This violates these two amendments because with roving wiretaps, the narrator states that “they can wiretap you and never tell you, search your house and never tell you, break into your home, copy your hard drive, and tell you that they never done it”.
  3. ”Sneek and Peek” warrants is when law enforcement has a warrant out for somebody, and forces themselves into someone’s premises without the persons permission or knowledge of them going into their property.

Sofia Rammairone- War on terror

  1. The war on terror represents a shift from traditional warfare in several significant ways. Unlike conventional wars, which often involve conflicts between nation-states with clear boundaries and identifiable military targets, the war on terror is characterized by the fight against non-state actors, such as terrorist organizations like Al-Qaeda and ISIS. These groups operate transnationally, using tactics like guerrilla warfare and terrorism, which blur the lines between combatants and civilians. 
  2. The “Roving Wiretaps” provision of the Patriot Act, it raises concerns about violating the Fourth Amendment of the United States Constitution, which protects against unreasonable searches and seizures. Roving wiretaps allow law enforcement agencies to obtain a single warrant to wiretap multiple devices used by a suspect, including phones and computers, without specifying the exact location or device to be tapped. This lack of detail could lead to overbroad surveillance, allowing the government to monitor communications unrelated to the investigation, violating peoples privacy rights.
  3. Similarly, “Sneak and Peek” warrants, authorized under the Patriot Act, allow law enforcement to conduct searches of private property without immediately notifying the owner. Sneak and Peek warrants can be seen as infringing on individuals’ rights to be free from unreasonable searches and seizures and their right to due process.

Isabella Ciriaco – Discussion Board 9.2

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?

Patricia Williams defines the war on terror as “a war of the mind” and it differs from traditional wars because it doesn’t have a specific goal or target: the target was “anybody that makes us afraid”. As stated along the article, this led to a chase of immigrants (especially from Middle East) and the adoption of measures that would go against the Constitution – like the President having the “military try non-citizens suspected of terrorism in closed tribunals rather than courts”. Anyone who would speak against the Government, even if peacefully, would be silenced and labeled as “unpatriotic”. And because the population was so afraid and desperate for the feeling of peace and security, most people would approve of those measures. This is another way of how the war on terror differs from traditional wars: the “combats” were happening right here, affecting every single citizen, even if secretly, with the government spying and looking for suspects. More than that, while traditional wars usually have the “search for freedom” as a justificative, the war on terror led United States to a state edging the totalitarianism, where the government would use torture and bend the laws the way they seen appropriate.

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 are a type of tap focused on a person (suspect) rather than a specific device. This seems to violate the Fourth Amendment, that states “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”. By wiretapping a person, rather than a specific device, can violate the privacy of anyone who encounters the suspect, and even the suspect’s privacy, if the tap is not supported by a warrant.

What about “Sneak and Peek” Warrants?

The Sneak Peek Warrants also seem to violate the Fourth Amendment, that includes “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The idea of such warrants, allowing searches without previous notification, could be used in minor crimes and open space for false accusations (police ‘creating’ evidence). Critics say this type of search should be narrowed to extreme situations, in which a previous notice about the search could jeopardize the whole investigation.

Discussion Board 9.2 – Javonte Brownlee

When Williams states that terror is a new type of war it means that war will be about fear and how to destroy the mind to win. To prove my point in Williams essay she 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.” What she is trying to say is that war is no longer about procuring materials and needed land but about control, dominance, and fear. She also states “A war against terrorism is a war of the mind, so broadly defined that the enemy becomes anybody who makes us afraid.” this means that it is all about fear and control. Whoever the public is afraid of is the enemy of America.

The Roving Wiretap Act allows law enforcement wiretap a suspect to find incriminating information. This can violate the Bill of Rights’s fourth amendment. The fourth amendment states that you need a warrant with good evidence to search and seize somebody’s belongs. Wiretaps allow law enforcement to listen in and take information without you’re consent or a warrant.

Sneak and peak warrants also violate the Bill of Rights’s fourth and sixth amendment. The sixth amendment allows a suspect a quick trial, right to an attorney, and to know the nature of your charged. If the police show up to your house and destroy your stuff without you knowing until later can violate the sixth amendment.

Sabina Jabborova- Discussion board 9.2

  1. According to P. Williams, the war on terror is distinct from conventional wars in a number of important ways. It uses asymmetrical warfare techniques, involves fighting non-state groups, is global in dimension, and prioritizes fighting against terrorism over traditional military successes.
  2. The Patriot Act’s “Roving Wiretaps” clause caused worries about possible Fourth Amendment violations involving the prohibition on random searches and seizures. It could be viewed as excessively broad and lacking the precision required by the Constitution since it permits surveillance on several devices without identifying each one beforehand. Furthermore, there are worries that wiretaps could record private conversations and force people to reveal sensitive information without following the correct legal procedures, thereby violating the Fifth Amendment’s protection against self-incrimination
  3. “Sneak and Peek” warrants let law officers examine an area without alerting the residents right away. Critics claim that this approach is transparent, could be mistreated, and violates privacy rights. It also breaches the Fourth Amendment’s protection against unjustified searches and seizures.

discussion 9.2

  1. how this is different from traditional wars is have a battle between 2 o more different countries or territories es and their army in the case of the war on terror because of 9/11 the had a war to find the people who mastermind the attack and to bring down the militia organization
  2. the ways roving wiretaps violate the bill of rights in ways of privacy and the amendment it violates is the 4th amendment because it violates unreasonable searches by the government and this is caused by the device or microphone that the government is using
  3. the “sneak and peak warrants” firstly means any law enforcement official with a search warrant can enter your home without your knowledge or premission this and this also violates the 4th amendment

Dominique R. Discussion Board 9.2

  1. The war against terrorism involves battling non-state actors, an individual or organization with significant political influence but not allied to any particular country or state. The primary focus is to prevent and respond to current and future terrorist attacks, whereas, in traditional wars, the enemies were typically nation-states or organized military forces of other countries; focal points included territorial expansion, change of regime, etc. 

2. The Fourth Amendment protects people from unreasonable searches and seizures by the government. The “Roving Wiretaps” of the Patriot Act allows the government to acquire a single warrant to wiretap multiple devices used by the suspect, without having to specify what phones lines or devices being monitored.

3. Due to the Fourth Amendment, a suspect has the right to know about probable search and seizure. According to the Patriot Act, sneak-and-peek warrants allow law enforcement to conduct searches of a suspect’s property without immediately notifying them.

Shannia Laroc -9.2

  1. 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? The new things about it are that it involves is combating non-state state actors globally, having terrorist organizations. The differences from traditional wars is the advanced technology.
  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 ways that “Roving wiretaps” of the patriot act seem to violate the Bill of rights is Critics say the language of the act could lead to privacy violations for anyone who comes into casual contact with a suspect. The amendment (s) it seems to violate is Fourteenth Amendment because of unreasonable search and seizures.
  3. “Sneak and peek” warrants allow “Sneak and peek” search warrants, which let authorities search a home or business without immediately notifying the target of a probe.