https://apps.americanbar.org/natsecurity/patriotdebates/sections-214-and-215
So, would you rather a warrant be obtained first or simply a subpoena? Personally, I would prefer the requirements to obtain a warrant be followed should I ever become a "target". But you all go ahead with what you fear
might happen instead of what is happening.
A subpoena would have to name a specific person, which is a bit more than the virtual dragnet they've been doing. A subpoena would also allow a person to appear in court, with a lawyer present. Again, more than what Americans have been given.
I'd prefer that over (what you consider) a "warrant". As in, a secret court rubberstamps warrants to carriers to hand over data, on ALL their customers. I'm pretty sure we declared Independence from Britain, and in turn, General Warrants. If the govt. has a substantial need, through investigation, for information on a US Citizen, they should go through the trouble of getting a warrant. ( A real one). The Supreme Court has ruled consistently that the government must obtain a search warrant in order to intercept any nonpublic communication. The Constitution requires probable cause as a precondition for a judge to issue a search warrant for any purpose, and the warrant must "particularly (describe) the place to be searched, and the persons or things to be seized." Because this is expressly set forth in the Constitution itself, Congress and the president are bound by it. They cannot change it. They cannot avoid or evade it.
As you're probably aware, probable cause is evidence about a person or place sufficient to permit a judge to conclude that evidence of a crime will probably be found. The Patriot Act, and even the Freedom Act (I love the nomenclature) disregard that probable cause standard and replace it with "governmental need" standard. Unfortunately, others feel the same way...because, well who do you know that's been bothered by that?
To be clear, this isn't just the NSA. The FBI has been flying aircraft low enough to intercept citizens' cell phone use in over 100 cities, without a warrant. The DEA has intercepted over 11,000 people's cell phone communication over a 3 year period, without a warrant. Local police have been using cell tower emulators to intercept cell phone communication, again, no warrants.
What's the point of a Constitutional guarantee if no one in the govt. follows it? What good are rights like the freedom of speech or the right to bear arms if the govt. doesn't recognize them?