> We've already established the NSA is not acting within the constraints of law.
What we've established is that the NSA is acting enough within the constraints of the law that different courts disagree as to the legality of its actions.
If I drive the speed limit for 300 miles on the freeway, but I speed on the last 10 miles, and a policeman gives me a ticket during the last 10 miles, can I say: "Officer, I was following the law most of the time, so it's ok?"
Acting within the constraint of the law means always acting within the constraint of the law, not just when it's convenient.
What we've established is that the NSA is acting enough within the constraints of the law that different courts disagree as to the legality of its actions.