Discussion Board 9.2

  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?

Traditionally, wars were fought against specific groups of people associated with a religious belief or a particular region of the world, which could usually be easily identified. However, after the declaration of a war on terrorism the situation changed. Anyone from any walk of life could potentially be seen as the enemy. This has created a “mind war,” where our perceptions and interpretations differ significantly. What one person perceives as a threat may not be viewed the same way by someone else. I think the war on terrorism has transformed into a conflict that feels like it targets us all, rather than a war against a particular regime or identifiable group.

  • 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?

Surveillance professionals assert that criminal wiretaps should only target individuals who are confirmed to be using a specific device. However, civil rights organizations argue that the Patriot Act’s language could lead to privacy violations for those with casual connections to suspects. They are urging Congress to require authorities to specify the device or person being investigated to prevent unnecessary surveillance of innocent people. This is important becuase it highlights a conflict between national security and individual privacy rights. The issue can be seen as a violation of protections guaranteed by the Bill of Rights, specifically the Fourth Amendment, which safeguards individuals against unreasonable searches and seizures.

  • What about “Sneek and Peek” Warrants?

The First Amendment protects the rights to free speech, press, and assembly. If “sneak and peek” searches are used to collect information on individuals involved in political activism, it can be argued that these searches violate their freedom of speech or right to peacefully assemble. This is concerning if the searches are targeting individuals suspected of holding unpopular political beliefs or views.

discussion9.2

  1. 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.

  1. 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.

  1. 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.

ARTUR GORBENKO

P. Williams writes that the war on terror is a new type of war because it doesn’t have a clear enemy or battlefield. Traditional wars are usually between countries, with soldiers fighting in specific places. But the war on terror is against individuals or groups that can be anywhere, even inside the United States. This makes it harder to tell who is a threat and where the fight is happening. It also means that regular laws and rules for war don’t always apply the same way.

The “Roving Wiretaps” in the Patriot Act seem to violate the Fourth Amendment, which protects people from unreasonable searches and requires a specific warrant. Roving wiretaps let the government listen to someone’s conversations on any phone or device without always naming the exact device or place. This means they can spy on people without being very specific, which goes against the idea of needing a clear, limited warrant.

“Sneak and Peek” warrants also raise concerns about the Fourth Amendment. These allow law enforcement to enter someone’s home or property without telling them right away. In normal cases, people are supposed to be notified when a search happens. But with Sneak and Peek, the person may not know for weeks or months. This can feel like a secret invasion of privacy and takes away the chance to challenge the search in real time.

Discussion Board 9.2

  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?
  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?
  3. What about “Sneek and Peek” Warrants?