More to the point: the question he SHOULD he asking is "Does the government actually have a legitimate and constitutionally-sound need for this information?" If "yes", then his question follows ("What alternatives exist for getting this info?")
Your question, on the other hand, presupposes that it's indeed a violation of 4th amendment. Which it may well and likely is (sure seems like it!)... but the first question that has to be answered is whether this is a violation or not.