YES, electronic records may be subpoena via the US Patriot Act., First, a court must explicitly authorize the use of section 215 to obtain business records. Section 215 of the Act amended 50 U.S.C. § 1861 to allow the FBI Director or his designee (who must hold the rank of Assistant Special Agent in Charge or higher) to apply for an order from the Foreign Intelligence Surveillance Court for “the production of tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities . . . .” Such an investigation may only be conducted under guidelines approved by the Attorney General under Executive Order 12333 (or a successor order ). 50 U.S.C. § 1861(a)(2)(A). Importantly, section 215 of the USA PATRIOT Act imposes more restrictions on its use than a federal grand jury subpoena for the same records..