Section 215 of the USA PATRIOT Act, officially titled the "Access to Records and Other Items Under the Foreign Intelligence Surveillance Act" (FISA), significantly expanded the government's authority to compel the production of "tangible things" relevant to an international terrorism or clandestine intelligence investigation. Enacted in the wake of the September 11, 2001, terrorist attacks, this provision allowed the Federal Bureau of Investigation (FBI) to apply to the Foreign Intelligence Surveillance Court (FISC) for an order requiring individuals or entities (such as libraries, internet service providers, or financial institutions) to hand over records. The primary intent was to enable counter-terrorism investigators to quickly access information deemed critical for national security.
The key operational aspects of Section 215 included a broad definition of "tangible things," encompassing books, records, papers, documents, and other items, which could range from library borrowing histories to internet browsing records or financial transaction data. Unlike traditional search warrants that require probable cause, Section 215 orders were issued based on a lower "relevance" standard, meaning the records sought merely had to be "relevant to an authorized investigation (other than a threat assessment) to protect against international terrorism or clandestine intelligence activities." Furthermore, the recipient of a Section 215 order was typically prohibited by a "gag order" from disclosing that they had received such a directive, limiting public knowledge and accountability. This provision became highly controversial, particularly following revelations by Edward Snowden in 2013 regarding the National Security Agency's (NSA) bulk collection of telephone metadata, which was justified in part by an expansive interpretation of Section 215. Critics argued that its broad scope, lower evidentiary standard, and secrecy provisions posed substantial threats to privacy and civil liberties, effectively allowing for dragnet surveillance without sufficient judicial oversight.
The implementation and interpretation of Section 215 dramatically reshaped the landscape of domestic surveillance, granting intelligence agencies unprecedented access to commercial and private data. Its controversial nature sparked intense public debate, legal challenges, and calls for reform, ultimately leading to legislative action. In 2015, the USA Freedom Act was passed, which reformed Section 215 by prohibiting the bulk collection of telephone metadata by the government and instead established a system where the government could request specific data from telecommunications companies with a court order. While this marked a significant modification to the most contentious aspect of Section 215, the underlying authority for the government to obtain various "tangible things" relevant to national security investigations, albeit under more restricted conditions for certain data types, remains a feature of U.S. law.
