Why did critics argue that Section 215 conflicted with Fourth Amendment privacy protections?
Critics argued that Section 215 of the USA PATRIOT Act conflicted with the Fourth Amendment because it permitted the government to conduct searches without a warrant. Furthermore, the provision did not require the government to notify the target of the search, even after the search had been executed.1
By allowing the government to demand "any tangible things" from third parties, critics contended that the section undermined the constitutional protection against unreasonable searches and seizures, which traditionally requires a showing of probable cause to justify government intrusion into an individual's private papers and effects. These concerns regarding privacy and government overreach eventually contributed to the passage of the USA FREEDOM Act in 2015, which curtailed the government's authority to collect such data in bulk.123