The Fourth Amendment should be enough to stop this.
There is no right of privacy in the U.S. Constitution, at least there wasn’t until 1965, when the Supreme Court famously found one in “penumbras, formed by emanations” from the Bill of Rights. It wasn’t a unanimous decision. “With all deference, I can find no such general right of privacy in the Bill of Rights, in any other part of the Constitution, or in any case ever before decided by this Court,” wrote one of the dissenting justices.
According to the testimony of an FBI analyst, the Bureau considers financial institutions to be “partners.” It employed liaisons to reach out and “engage” them. Without a warrant or any legal process, Bank of America sent the government a Suspicious Activity Report naming 211 customers who met those three conditions.
The government can’t “suggest” to federally regulated companies that they turn over lists of perfectly lawful customer transactions, then use the lists to imagine criminal plots, then send agents to knock on doors around the country to assess who might be a “domestic terrorist.
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