How did Section 215 expand the types of records the government could seek under FISA?
Section 215 of the USA PATRIOT Act significantly expanded the government's surveillance capabilities by removing previous limitations on the types of records that could be obtained through a Foreign Intelligence Surveillance Court order.1
Prior to this change, the Foreign Intelligence Surveillance Act (FISA) restricted the specific categories of records the government could compel businesses to produce. Section 215 replaced these narrow constraints with a broad, general authority that allowed the government to demand "any tangible things" from any third party. This expansive definition explicitly included "books, records, papers, documents, and other items". Additionally, the section implemented a gag order that generally prohibited the third parties receiving these requests from disclosing that the Federal Bureau of Investigation had sought or obtained such materials.1