Oh, but they are our effects. NSA data collection on all Americans without warrants violates the Constitution.
The Cruz approach is better — require warrants (as required under the Fifth Amendment), but broaden the tools that can be used for a legitimate, warranted data collection.
But what the NSA is doing is authorized neither by the constitution, no (according to its chief author) by teh Patriot Act itself.
So when you go for a walk in the desert your foot steps in the sand are your effects and are protected by the Fourth Amendment?