Patricia Williams argues that the War on Terror is a new kind of conflict because it differs from traditional wars. Unlike wars between nations, it targets non-state actors, blurring the lines of engagement. It asks hard questions about laws and rights, like who is a soldier and what rules we follow. It also makes governments watch people more, changing how safe we feel and how much freedom we have.
“Roving Wiretaps” allows surveillance on a person across multiple devices and locations without specifying each in the warrant. This raises concerns about violating the Fourth Amendment, which protects against unreasonable searches and requires warrants to be specific. The roving wiretaps seem to violate this by not detailing the places or devices to be searched. It also violates the First Amendment if used to monitor communications that involve free speech.
“Sneak and Peek” warrants let the police go into your place and look around without telling you right away. This violates the Fourth Amendment, which says the police can’t search your stuff without a good reason. Usually, they need to tell you they searched, but “sneak and peek” lets them wait. That means you can’t be sure they followed the rules. It also makes people worry about the Fifth Amendment, which says you have the right to a fair trial. If the police find something using “sneak and peek” and you don’t know how they found it, it’s hard to argue that they did anything wrong; therefore, it might not be a fair trial.