I haven't fully formed my opinion on PRISM and the Verizon data collection, but I'd like to play the other side of this issue and get some things straight. The Washington Post, being one of the initial breakers of this news, has some good articles detailing the situation.
Here is one which I will pull from.
Clapper also said that ?the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.?
In responding to the revelations about PRISM, the White House, some lawmakers and company officials have repeatedly suggested that secret court orders are issued every time the NSA or other intelligence agencies seek information under Section 702 of the Foreign Intelligence Surveillance Act. But the orders, which are also secret, serve as one-time blanket approvals for data acquisition and surveillance on selected foreign targets for periods of as long as a year.
As far as we know, PRISM is not a unilateral effort by the executive. Use of it must be authorized by FISA courts. Yes these courts act secretly to the public, but that is expected considering the issues they have to deal with (terrorists, drone strikes, foreign data collecting, etc). FISA courts also have very high standards for issuing warrants, often higher than the usual criminal court (I do not have a link to this, it is information I've personally gathered from a veteran lawyer of the CIA and NSA with first hand knowledge of the issue). It is also directed at foreign entities, not U.S. citizens.
According to slides describing the mechanics of the system, PRISM works as follows: NSA employees engage the system by typing queries from their desks. For queries involving stored communications, the queries pass first through the FBI?s electronic communications surveillance unit, which reviews the search terms to ensure there are no U.S. citizens named as targets.
The NSA cannot use the system on their own terms. Each search by the NSA is vetted by the FBI to make sure, again, that U.S. citizens are not targets.
Section 702 provides the post-911 legal framework for the ?targeted acquisition? of intelligence about foreign persons outside the United States. The information can be obtained only under a FISA court order and a written directive from the attorney general and the director of national intelligence.
Under Section 702, the attorney general and director of national intelligence must show the FISA court that they have procedures ?reasonably designed to ensure? that their intercepts will target foreigners ?reasonably believed? to be overseas.
The law prohibits officials from intentionally targeting data collection efforts at U.S. citizens or anyone in the United States. The standards for intentional targeting require that an analyst have a ?reasonable belief,? at least 51 percent confidence, that the target is a foreign national.
The law also provides ?an extensive oversight regime, incorporating reviews by the Executive, Legislative and Judicial branches,? Clapper said in the statement.
The laws governing this conduct explicitly do not allow data collection on U.S. citizens or targets within the U.S. These laws have been passed (with great publicity) with bipartisan support in Congress.
On the issue of PRISM, I'm surprised that anyone is actually surprised. The Patriot Act and FISA Amendments quite clearly allow this sort of program and even the wiretapping under Bush was upheld as legal. I find the "outrage" by some members of congress as ridiculous.
These laws have been around for a long time, they should have been "outraged" a long time ago. I think a lot of this "outrage" has to do with who is currently in the White House.
The Verizon data collection is different, though. It is collection of data on domestic targets which is not allowed under FISA and it's not legal to issue a warrant to collect information on everybody. Though the administration claims this data is collected in an anonymous way (which I find an important point towards its virtues), I don't see it as having any good legal standing. I don't think it will turn out well for the administration or NSA.