Warrantless domestic spying was unconstitutional in 2008 and it's still unconstitutional today. Amending the Foreign Intelligence Surveillance Act (FISA) to allow for warrantless surveillance of electronic communications "would be a breathtaking and unconstitutional expansion of the President's powers and it is wholly unnecessary to address the problems the administration has identified," then–Sen. Joe Biden stated on July 9, 2008. Section 702 of the bill "authorizes surveillance that is broader than necessary to protect national security at the expense of civil liberties," he said.
"This bill's approach would significantly expand the scope of surveillance permitted under FISA by exempting entirely from the warrant requirement any calls to or from the United States, as long as the Government is 'targeting' someone reasonably believed to be located outside the United States," Biden warned back then, asserting that he would "not give the President unchecked authority to eavesdrop on whomever he wants in exchange for the vague and hollow assurance that he will protect the civil liberties of the American people."
