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?

Following the September 11, 2001, terrorist attacks, the US Government expands terrorism laws to include “domestic terrorism” which could subject political organizations to surveillance, wiretapping, harassment, and criminal action for political advocacy. They expands the ability of law enforcement to conduct secret searches, gives them wide powers of phone and Internet surveillance, and access to highly personal medical, financial, mental health, and student records with minimal judicial oversight. It allows FBI Agents to investigate American citizens for criminal matters without probable cause of crime if they say it is for “intelligence purposes.” Permits non-citizens to be jailed based on mere suspicion and to be denied re-admission to the US for engaging in free speech. Suspects convicted of no crime sometimes were detained indefinitely in six month increments without meaningful judicial review. Per Patricia Williams the Patriot Act is a war on terror. And this war is different from the other war because it is a war of the US government against the US citizens and their rights. In other war, other countries or non US citizens are considered as the enemies. The war on terror people living inside the US are seen as the enemies.

1. 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?

Under the Patriot Act, the government had the ability to obtain “roving wiretaps” or surveillance on multiple phones for ordinary crimes. This violated the Fourth Amendment’s requirements that warrants be issued only for “probable cause” and “particularly describing” the affected person. The Fourth says the government cannot conduct a search without obtaining a warrant and showing probable cause to believe that the person has committed or will commit a crime. Also, this violates the first clause of the Fifth Amendment which requires that serious crimes be prosecuted only after an indictment has been issued by a grand jury.

1. What about “Sneek and Peek” Warrants?

USA PATRIOT Act covered “sneak and peek” search warrants, which allowed law enforcement officers to search a home or business and seize material without the knowledge or consent of the owner or occupant. This violates the Fourth Amendment, which says the government cannot conduct a search without obtaining a warrant and showing probable cause to believe that the person has committed or will commit a crime.