So - given the law allows the NSA to do things given legal constructs, reality be damned, then what new legal construct do you think Wyden is sounding the alarm about?

When we un-tether the possibile from tech-specific delineations, you'll find things get more and more alarming.

Whatever it is Wyden is sounding the alarm about, you can be certain the sole protection we have - the sole guiding principle and bulwark against abuse - is the agency's culture given the rampant "incidental" collection and the public claims that putting the equivalent of a removable sticky-note over the names of U.S. citizens from their personal data is sufficient to satisfy the 4th Amendment as the NSA searches through our persinal data in bulk.

And what is culture if not the people we have to promote the practices?

Boy am I glad we have an administration that lets agencies largely lead themselves and doesn't engage in efforts to replace a large part of various agency's workforce - specifically those who care about the agency's culture!