Sure, but how is the government simply obtaining the data directly not an escalation? A subpoena at least requires an additional step and ostensible checks.
Sounds like the way they're obtaining it without a subpoena is by simply purchasing it from a commercial data broker, though. If that's true, I'd say the real problem is that a broker is willing to sell virtually anyone this data with essentially no oversight – a problem that's sadly existed for quite a while already. One of their buyers being the government isn't the first-order problem there.