- P. Williams explains in her paper that the war on terror represents a contemporary form of warfare. The author explains both the innovative aspects and the distinctions between this modern conflict and conventional military operations.
The main differences between traditional wars and the war on terror according to Patricia Williams include undefined enemies and absent formal declarations of war and fixed battlefields. The contemporary warfare exists as a conflict between nations that opposes terrorist organizations which operate without borders and blend into civilian areas.
This new kind of war is also open-ended. The lack of defined endpoints in this war makes it difficult to determine successful outcomes. This development merges military operations with law enforcement activities while creating confusion between combat zones and domestic areas. The transformation of legal frameworks regarding rights protection along with national security powers becomes critical because governments use national security as justification to expand their authority.
- Does the Patriot Act’s “Roving Wiretaps” provision break the Bill of Rights through any specific violations? Which amendment(s) does it seem to violate and why? The “Roving Wiretaps” provision enables investigators to monitor suspects through various devices without needing separate warrants for each new communication device or computer system. The provision seems effective for its purpose yet creates constitutional problems.
The Fourth Amendment appears to be violated because “Roving wiretaps” fail to meet the requirements of specifying what will be searched and seized while also being deemed unreasonable. The implementation of roving wiretaps generates constitutional concerns because these warrants lack specific targets and locations thus enabling uncontrolled and unspecified surveillance.
- What about “Sneak and Peek” Warrants?
Under the “Sneak and Peek” warrant system law enforcement can conduct searches without initially disclosing their presence to property owners. The authorities can conduct searches and take photographs while making copies of materials while keeping the person unaware of the search until weeks or months later.
The Fourth Amendment seems to be violated through these search practices because it requires immediate notification about searches and seizures and sets limits on what constitutes reasonable searches. Critics maintain that these warrants damage both transparency and due process because individuals lack the opportunity to contest or learn about the search until it is already too late.
