Discussion Board 9.2 – Pablo Hernandez

What makes the war on terror different from traditional wars is that the enemy is not a country with an army or clear borders. Like Patricia Williams explains, it’s more of a “war of the mind” because the enemy can be anyone and anywhere. In a normal war you know who you’re fighting and there’s usually an end point, like surrender. With terrorism, it feels endless because fear itself becomes part of the war. That makes it dangerous because governments can keep expanding power in the name of safety.

The Patriot Act’s roving wiretaps seem like they push against the Fourth Amendment because they allow the government to track multiple devices with one warrant. Normally, if police want to tap phones, they need to be specific about what they are searching. With roving wiretaps, that line gets blurry. I get why the government says it’s needed since people can switch phones fast, but it also seems easy for innocent people around that suspect to get caught in surveillance too.

The “sneak and peek” warrants also feel like a Fourth Amendment issue because they let police search someone’s house or property without telling them right away. That changes the idea of privacy a lot. On one hand, I understand it could help catch dangerous people or stop evidence from disappearing. But on the other hand, it opens the door for abuse because people may not even know they were searched until much later. That kind of power can get out of hand fast if there’s not enough oversight.

9.2

The war on terror is different because it is not fought against just one country. Instead, it targets terrorist groups that can operate in many places around the world. Traditional wars usually have a clear enemy, a specific battlefield, and a definite end. The war on terror does not have these limits, so it seems like it could last a long time. Because of this, the government has gained new powers to protect national security.

Roving wiretaps might break the Fourth Amendment because they let the government listen to someone’s calls or messages on different phones or devices without getting a new warrant each time. This seems to give the government a lot of power to search and watch people. Since the Fourth Amendment protects against unfair searches and taking of property, I understand why some people think roving wiretaps go too far.

These warrants allow police to search someone’s home or property without notifying them immediately. Even if there is a good reason to delay telling them, it seems to take away a person’s chance to know their privacy was invaded. I understand why police might use them during investigations, but I think they must be used very carefully to protect people’s rights under the Constitution.

Longsai Fu

Q1

What is new about the “War on Terror” is that the enemy’s actions are designed to inflict psychological panic upon society and people. Traditional war is a struggle for land and resources

Q2

It violates privacy rights in the Fourth Amendment because “roving wiretaps” allow police to monitor multiple devices belonging to a suspect with just a single warrant. Also, this makes it more likely that the voices of other people will be overheard if they are near the device being monitored.

Q3

This also violates the Fourth Amendment requirement that police cannot enter people’ houses without their knowledge

Zarifah Jameer – Discussion Board 9.2

  1. P. Williams argues that the “war on terror” represents a new kind of war. It’s because the fight is not fought against a traditional nation-state but against loosely organized civilian groups whose identities and locations are often unclear. Unlike conventional wars, where the enemy is a foreign government with defined borders. The war on terror targets non‑state actors. It makes the conflict more psychological than territorial. Williams explains that “a war against terrorism is a war of the mind, so broadly defined that the enemy becomes anybody who makes us afraid,” highlighting how fear itself becomes a political tool rather than a response to concrete facts. This shift makes the war on terror more diffuse, harder to define, and easier for governments to use as justification for expanded surveillance and control.
  2. The Patriot Act’s “Roving Wiretaps” appear to violate the Fourth Amendment, which protects people from unreasonable searches and seizures. It requires the government to obtain a specific warrant based on probable cause. Traditionally, law enforcement must identify the exact device or location they want to search. However, Section 206 of the Patriot Act “allows one wiretap authorization to cover multiple devices.” The government can monitor a person’s cell phone, computer, or other electronics without getting separate court approvals for each one. This broad authority weakens the constitutional requirement that warrants must be particular and limited. By allowing surveillance to “roam” with the suspect, the government gains more power to search without the usual checks and balances, raising concerns about privacy and government overreach.
  3. “Sneak and Peek” warrants also raise Fourth Amendment concerns. They allow the government to enter and search a person’s home or business without immediately notifying them. Section 213 of the Patriot Act “allows ‘sneak and peek’ search warrants.” Authorities can conduct a secret search and delay telling the target for an extended period of time. This goes against the traditional expectation that individuals must be informed when their property is searched. So, they can challenge the warrant or the evidence. These searches happen without the person’s knowledge. They limit the ability to exercise constitutional rights and increase the risk of abuse. The fact that this provision “does not expire” makes it even more troubling. It permanently expands government power in ways that conflict with the protections outlined in the Bill of Rights.

This dangerous patriot’s game | Human rights | The Guardian

NPR: The Patriot Act: Key Controversies

Juan Vimos – Security at the Cost of Freedom

  1. The war on terrorism, unlike traditional wars between sovereign states, which involve identifiable armies fighting over resources or territory, does not have a clearly defined enemy. In this new type of war, the conflict is not fought over resources or territory against other countries or territories; rather, it is based on the concept of “terror,” which means this war can take place within one’s own territory. Because it occurs within one’s own territory, this war can be used to spy on society through law enforcement agencies or the government itself. Furthermore, while traditional wars involve fighting a specific enemy, in this new type of war based on “terror,” the enemy can be anyone who instills fear in others; and since terrorism will always generate fear in society, this war could continue indefinitely.
  2. The purpose of “roving wiretaps” is to tap into phones or devices that a suspect may use. Under the Fourth Amendment, in order to wiretap a phone or any device, the government previously had to specify the device and the person to be wiretapped. With the Patriot Act, this changed; now, with the authorization of a single court order, any phone or device that a suspected terrorist might use can be wiretapped, regardless of whether it belongs to them or someone else. This directly violates the Fourth Amendment, since by being able to tap any phone or device used by a terrorism suspect, the government could investigate innocent people who may have lost their phone or lent their phone to the suspect, it could even investigate places that rent computers to the public if the suspect used one of them.
  3. “Seek and Peek” warrants are search warrants that are issued some time after the search has taken place. In other words, they can secretly search private property without notifying you, and then send you a copy of the search warrant they issued some time later. This didn’t used to happen this way, since in order for someone to search your private property, they first had to obtain a court order authorizing it and immediately notify you that they were going to search your private property. But with the Patriot Act, this changed, as the government is now allowed to secretly search your private property and notify you weeks later. By having this freedom, they violate the Fourth Amendment. Such searches cease to be “reasonable” because, by failing to immediately notify you of a search of private property, the search could be conducted at the wrong address and affect third parties; furthermore, since it is conducted in secret, the property owner will not know if the investigation is excessive or if the search is legally justified.

Mae Pascual – The New Kind of War & the Patriot Act

  1. Patricia Williams describes the war on terror as something entirely different from the wars Americans had known before. Unlike traditional wars fought between nations with clear armies, battlefields, and defined objectives, the war on terror targets an abstract concept, terrorism itself. There is no specific country to defeat, no fixed battlefield, and no uniformed enemy army. Williams powerfully captures this shift by writing that a war against terrorism is a war of the mind, so broadly defined that the enemy becomes anybody who makes us afraid. This means the enemy could be anyone, anywhere, at any time. Traditional wars have clear beginnings and endings, but the war on terror has no defined endpoint. Another key difference is the blurring of lines between combatants and civilians. Terrorists often hide among ordinary people, making it nearly impossible to distinguish who is a fighter and who is not. This creates enormous challenges for both military operations and the protection of civil liberties. Williams also criticizes how fear and grief fueled this new kind of war. In her Guardian article, she warns that many of the Bush Administration’s new laws “mirror the worst excesses of some dictatorships”. She points to secret surveillance, ethnic profiling, indefinite detention of non-citizens, and military tribunals that operate without normal legal protections. These measures, she argues, were pushed through too quickly, with little public debate.
  2. The Patriot Act’s “roving wiretap” provision allows law enforcement to intercept communications without specifying in advance which device or phone line will be monitored. Traditionally, a wiretap warrant had to name a specific phone location. Under roving wiretaps, a single court order can cover multiple devices a suspect might use. This provision appears to violate the Fourth Amendment, which protects against unreasonable searches and seizures. The Fourth Amendment requires that warrants be based on probable cause and specifically describe the place to be searched and the persons or things to be seized. Roving wiretaps bypass this requirement because they do not tie surveillance to a specific device or location. Critics argue this gives the government too much discretion to conduct broad, ongoing monitoring of people’s private communications. Innocent individuals who happen to come into contact with a suspect could also have their conversations monitored. Theis creates a chilling effect on free speech, potentially violating the First Amendment as well. When people fear their private conversations might be monitored without good reason, they may hesitate to speak freely.
  3. “Sneak and peek” warrants, another Patriot Act provision, allow federal agents to enter and search someone’s property without immediately notifying the owner. Traditionally, when law enforcement executes a search warrant, they must tell the property owner and leave a copy of the warrant. Under sneak and peek, notification can be delayed for days, weeks, or even longer. This provision also seems to violate Fourth Amendment. The amendment protects people from unreasonable searches and requires that searches be conducted with proper notice, allowing the owner to observe the search and later challenge its legality in court. When notification is delayed, individuals may not even know their property has been searched, making it impossible for them to protect their rights or contest the search. Beyond the Fourth Amendment, sneak and peek warrants may also weaken the Fifth Amendment’s guarantee of due process. Due process means people have the right to know what the government is doing and to have a fair opportunity to respond. Secret searches undermine this fundamental principle by keeping citizens in the dark about government actions that affect them.

Discussion Board 9.2

1. The War on Terror is a new kind of war because it’s not really being fought against one country, army, or government, it’s a war against “terror” itself, which isn’t tied to a specific place or enemy. P. Williams explains this by saying “a war against terrorism is a war of the mind, so broadly defined that the enemy becomes anybody who makes us afraid.” That’s a big difference from traditional wars, where you’re fighting an actual government and military, and you defeat their army and they surrender. Since the enemy isn’t tied to a nation army, anyone deemed an terroist can be seen as a suspect and this kind of war doesn’t really have an end point.

2. Roving wiretaps seem to violate the 4th Amendment because they allow one warrant to cover multiple devices instead of requiring a separate, specific warrant for each one. Normally, the 4th Amendment requires the government to clearly identify the exact device being searched before they can tap it, but roving wiretaps remove that requirement, allowing surveillance to follow a person across multiple devices instead of being tied to one specific, identified device.

3. Sneak and peek warrants also seem to violate the 4th Amendment because they allow the government’s federal agents to search a home or business in secret. The Fourth Amendment is built around the idea of notice and accountability during a search, the person being searched is supposed to know it’s happening, partly to make sure the search stays within legal limits (like preventing police from planting evidence or searching beyond what the warrant allows). Sneak and peek warrants violates that.

Kaylan B- DB 9.2

In her essay, P. Williams says the war on terror is a new kind of war because we are not fighting a specific country or a regular army with uniforms. Instead, it is a war against a tactic and hidden groups. It is different from traditional wars in a few simple ways:

    • There are no borders or clear enemy lines. The people we are fighting blend into regular civilian crowds.
    • There is no clear way to end it. In old wars, one country surrenders and signs a peace treaty. You cannot really do that with a hidden group, so the war feels like it has no end date.
    • The rules are different. Regular armies usually follow certain international laws of war, but terrorist groups do not follow any rules and target regular people.

    Roving wiretaps seem to violate the Fourth Amendment, which protects our right to privacy and stops unreasonable searches. Normally, the police need a warrant that lists the exact phone or place they want to search. But a roving wiretap lets the government listen to any phone or device a suspect might use.This seems like a violation because if a suspect goes to a coffee shop, a public library, or a friend’s house, the government can wiretap those places too. That means innocent regular people who use the same computers or phones are getting their privacy invaded without a real warrant.

    Sneak and peek warrants also go against the Fourth Amendment. Usually, when police search your house, they have to knock, show you the warrant, and tell you what they are doing. A sneak and peek warrant lets the police secretly break into your home or office while you are not there, look through your things, take photos, and leave without telling you until weeks or months later. This feels like a violation of the Bill of Rights because you have no idea the government was even inside your house, and you do not get a chance to defend your privacy or challenge the search right away.

    Discussion Board 9.2 – Ameerah Jameer


    Question #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?

    Patricia Williams argues that the “War on Terror” is different because it lacks a clear enemy. Nor did it have a precise purpose or meaning. The United States claimed that throughout the war, they were combating terrorism, which resulted in a global conflict and no definitive results. However, the “War on Terror” did allow. And gave the government a situation to justify their expansion of surveillance and emergency controls (The Guardian).


    Question #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?

    “Roving wiretaps” in the Patriot Act may violate the Fourth Amendment. This states that a warrant must be procured before initiating a search. However, these wiretaps allow surveillance to follow someone across devices. Without identifying the exact phone or computer, which weakens the amendment’s “particularity” requirement (NPR). The author also says this widens the ways an individual can be surveillanced. Which and discourage and effect citizen able to feel that they have free speech and affects the First Amendment (NPR).


    Question #3: What about “Sneek and Peek” Warrants?

    “Sneak and Peek” is a warrant that allows police to enter a home, search it, and delay notifying the owner. This conflicting situation clashes with the conditions of the Fourth Amendment. This requires that the police provide a timely notice of a search. However, the delayed notice, it prevents people from challenging the search or protecting their property. As the author stated, the article raised questions about due‑process and fairness (OpenStax).


    Work Cited

    OpenStax. American Government 2e. OpenStax.

    “The Patriot Act.” The Guardian, 2 Dec. 2001,

    NPR. “The Deal on the Patriot Act.” NP.


    Ameerah Jameer

    Jamal Carrillo Discussion Board 9.2

    1. The War on Terror is not a war between sovereign nation-states equipped with armies, but is a conflict that is fought against a stateless, decentralized network with no defined geographic boundary and no clear end point. Williams is convinced that this ambiguity is a hazardous legal limbo where emergency powers—surveillance, detention, restriction of rights—can be legitimised for as long as it takes. The conditions that suspend the normal rights and duties of civil liberties are never officially ended because there is no enemy to formally surrender and no treaty to be signed


    2. The roving wiretaps permitted under the PATRIOT Act would permit surveillance of a person, no matter the device he/she is using, without having to obtain a new warrant when he/she moves. This is contrary to the Fourth Amendment’s requirement to specify a place to be searched on each warrant. The “particularity” requirement was put in place just to stop the kind of dragnet surveillance that roving wiretaps would enable. The First Amendment is also squarely engaged in this instance for the same reason as above, that broad surveillance could have a chilling effect on free speech and political association.


    1. “Sneak and Peek” Warrants

    A sneak and peek warrant permits the police to enter a person’s home or property without informing them at the time of the search and only informing when the police deem fit. This violates the Fourth Amendment since the right to know about a search is essential to challenging the illegal intrusion of government. The PATRIOT Act takes away one of the most basic safeguards against government intrusion into private areas.