Sharofatoy Alirizaeva – 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? Williams describes how scary is terrorism, which makes people be afraid. So the difference between war on terror and traditional war is, terror does not have a purpose to start a war, they just want to scare and make people be afraid, it is not the same war as traditional which makes war for land or something else. It is war for civilian organizations.
  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 let the government to check person’s technological devices such as email and other things without any warrant. Which is going against to Fourth Amendment where is written Government is not allowed to check the devices without any important reason.
  3. What about “Sneek and Peek” Warrants? Sneek and Peek Warrants, which let the law enforcement to search the home or business without immediately notifying the target of the investigation. They protect their this action as they can do this search without notifying on the houses of drug dealers or criminals. But I think it is still against to Fourth amendment.

War and Constitutional Rights

P. Williams talks about how the “War on Terror” isn’t like traditional wars and it’s not one country fighting another with clear frontlines. Instead, it’s a worldwide fight against scattered networks that can pop up anywhere. It leans more on intelligence, surveillance, and special operations than on tanks and huge armies, and it’s all handled by a volunteer force. Two parts of the Patriot Act really stand out here. “Roving wiretaps” let the government follow a person’s calls or online activity across any device without naming each one in the warrant, which feels like it clashes with the Fourth Amendment’s rule that warrants have to be specific. Then there are “sneak-and-peek” warrants, where they can search your stuff without telling you right away and that’s something that pushes against the Fourth Amendment’s “knock and announce” tradition and could even raise Fifth Amendment due process issues. Both show how this new kind of war has shifted the balance between security and our constitutional rights.

9.2- Lawanda Nicholson

1. What’s new about the war on terror:
P. Williams says the war on terror is different from regular wars because it’s not against a specific country or army. Instead, it’s against scattered groups and individuals all over the world, with no set battlefield or end date. The enemy can blend in with civilians, making it harder to fight using the usual war rules.

2. Roving Wiretaps & the Bill of Rights:
Roving wiretaps let the government watch someone’s calls, emails, or other communications without naming the exact device being tapped. This can go against the Fourth Amendment, which says searches and seizures need to be specific and reasonable. Without clear limits, it’s easier for people to be monitored without proper oversight.

3. “Sneak and Peek” Warrants:
These let law enforcement search someone’s home without telling them right away. That also seems to go against the Fourth Amendment, because it takes away the person’s right to know a search happened at the time it occurs.

Discussion Board 9.2| Fabio Arcani

  1. A war against terrorism is completely based on fear, and because of that fear any person can be the enemy. War against terrorism is a war against the civilian enemy. This type of war can be used as an excuse from the government to use the social panic and to violate the rights of civilians who may be “suspicious”. Again, any person can be the enemy since war against terrorism meaning that we do not know who can be part or ally of the enemy organization. I would say that Patricia Williams explains that a war against terrorism means the continuous surveillance of the people, with the excuse of protection against terrorism.
  2. As it was mentioned in the fourth amendment, the government is not allowed to search into a person’s property without their authorization without a warrant. However, law enforcement argues that they need to be able to listen to the suspect’s conversations to look up evidence. In order to surpass people with technological knowledge, and advantages, the government would be able to cover multiple devices to track information against suspects. This means a big violation of the people’s privacy without consent, therefore it violates directly the forth amendment. As per Patricia Williams said, the government would be able to violate the bill of rights with the excuse of the war against terrorism.
  3. The Sneek and Peek warrant violates the fourth amendment. Without the presence of a person in their homes, law enforcement might be able to plant evidence in a person’s home and use it to charge them with crimes that the civilian might not have committed. At the same time, the government argues that the sneek and peek would be allowed in times of war only when the investigation is at risk of being jeopardized. Regardless, during times of war, the government might be able to use this as an excuse to search for any suspect’s home without them being at home.

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?

P. Williams defines the war on terror as a new type of a war, as it is a war against terrorism is a war of the mind, so broadly defined that the enemy becomes anybody who makes us afraid. Also, it is important to note that, it is a war against civilians who belong to a political organization that use physical violent force in order to achieve its means. Lastly, it is it is a war against a civilian organization and not a military organization.

      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?

        The “Roving Wiretaps” of the Patriot Act allows one wiretap authorization to cover multiple devices, eliminating the need for separate court authorizations. This however, violates the forth amendment, which states that the government is not allowed to search your property without a warrant.

        3. What about “Sneek and Peek” Warrants?

        The “Sneek and Peek” Warrants allows search warrants, which let authorities search a home or business without immediately notifying the target of a probe. Prior to this, in order for the police to be able to search a house someone needed to be present as the house could not be empty during the search. Also, the police needed a warrant.

          Mahmudul Hossain – War on Terror and Patriot Act Concerns

          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?
          Answer: From the given information on open lab Patricia J. Williams says the “war on terror” is different because it’s not fought against one specific country or army. Instead, it targets people or groups anywhere in the world, sometimes even inside the United States. This has no clear ending, and it uses new rules like secret trials, expanded spying, and indefinite detention of suspects. Unlike traditional wars, it’s not limited to a battlefield it affects everyday life, civil liberties, and rights at home.

          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?
          Answer: Roving wiretaps in the Patriot Act let the government listen to multiple devices used by a suspect without having to get a separate warrant for each one. Critics say this could violate the Fourth Amendment, which protects people from unreasonable searches and seizures. The concern is that innocent people who happen to use the same phone, computer, or device as a suspect might have their privacy invaded without specific probable cause.

          3. What about “Sneek and Peek” Warrants?
          Answer: “Sneek and peek” warrants let law enforcement search a home or business without telling the person right away. Critics say this can violate the Fourth Amendment because it delays the notice people usually get when their property is searched. Instead of being limited to serious terrorism or espionage cases, the Patriot Act allows it for many kinds of crimes, even minor ones, which increases the risk of abuse.

          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?

          Williams argues that the war on terror is different because it doesn’t have clear enemies, borders, or goals like traditional wars. Instead, it’s vague and open-ended, anyone who makes us feel afraid can be seen as the enemy. It’s more about fear and control than about fighting a defined opponent.

          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?

          Roving wiretaps violate the Bill of Rights because they allow the government to monitor a person’s communications across multiple devices without specifying the exact device or location in a warrant. This goes against the Fourth Amendment, which requires specific, reasonable searches and protects against broad surveillance.

          1. What about “Sneek and Peek” Warrants?

          “Sneak and Peek” warrants also violate the Fourth Amendment because they allow law enforcement to search a person’s property without immediately notifying them, which goes against the amendment’s requirement for timely and reasonable searches.

          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?