Peter P. Swire was much more skeptical about section 214 and 215 than McCarthy. He explains that FISA originally did not apply to business records and was only designed for surveillance, and after the Oklahoma and World Trade Center bombing it was amended to apply to travel documents only. It was section 215 that made broad changes to allow access to business records. He also explains that the legal standing changed in such a way that a FISA order to access business records to could apply to anyone, and if necessary the government could ask for access to whole databases. He argues that "FISA orders can now apply to anyone, not only the target of the investigation" and that it is no longer necessary for FISA orders to be targeted against a foreign power or agents of a foreign power, but can now be used to gain records of those who have nothing to do with a foreign power. He says that there are only weak constraints to base the order on an authorized investigation and that surveillance must not be based entirely on First Amendment activities.
