I would present to you that, while they will claim they were unaware of this potential, the reality is that they knew it, and accepted it, because what has been happening is a power play in a currently fairly quiet but still major shift in global power.
I've argued with my intel friends that they are off chasing bad guys OCONUS when the real bad guys are in DC, NY, and London, but now those same entities have a stranglehold on the intel agencies themselves (I mean, they always did, the original CIA guys were all Wall Street old boys in the first place, but now it's much worse in my opinion.)
Do we really think Hayden is the brain behind these moves? Or Hanlon's razor? No. The surveillance issue is a symptom of a much larger issue at hand, and until we take the discourse to that level there will be very little progress made. All three branches and the fourth estate are corrupted, which undermines our entire already weakened constitutional framework.
Now, the realpolitik they don't discuss with the public is that in the new globalized world of supranational entities the concept of national sovereignty is a lost cause.
My problem is that they made the decision to adopt this constitution undermining policy without even having a public debate about it.
The oligarchy have said, in essence: "The proletariat serfs are too dumb (from all the propaganda) to make informed decisions about their democracy, therefore, we shall placate them with gladiatorial political shows while we pull the strings from the shadows."