I agree. I think it’s just laziness or being asked to square a circle. During the post-9/11 period there was immense political will and pressure to stop terrorism, and it’s really fucking hard to stop that while abiding by the constitution, so they chose to break the constitution to stop terrorism.
Is it theoretically possible to stop terrorism/catch and guys to the same extent without breaking the constitution? I think so, but it would probably require a lot more boots on the ground, and a lot of creativity and smart thinking from individuals to be able to get as good outcomes as you’d get from just looking at data when you aren’t supposed to.