12 points
It’s blurry. The Patriot Act, after the 9/11 terrosist attacks on the Twin Towers, established a lot of freedom for the US government to spy on its citizens. Lawmakers have been making necessary, holy-shit-we-are-courting-fascism corrections in scope ever since.
Depending on how the courts interpret the adjustments that have happened since the Patriot Act, it may or may not be illegal.
I suspect the legal challenge mostly relies on purchasing law. The US has lots of laws about how the government must act when buying something, in particular.
3 points