The Constitution Is Not For Sale
The DIA and other domestic American spy entities — there are 16 that the government acknowledges it operates — have taken the view that because the tracking software is available commercially, and because the domestic spies are intelligence and not law enforcement, they need not obtain a warrant. Stated differently, because the DIA did not seek to use its powers to compel a warrantless search of phone records, but rather stole phone signals, it committed no wrong!