We aren't talking about the NSA tracking calls to foreign person's we're talking about the NSA tracking calling to American Citizens
Are we talking about "tracking" calls or listening to them? The phone company has always been the owner of its own records. Back in the day before you could dial a number you would call up your friendly operator and she would put the call through for you, and you would have been a fool to expect that she always erased the knowledge of who you called and when from her mind. Its no different now. When you dial a number, you are telling the phone company who you want to talk to. If they record that fact it is their property.
Ed Snowden's release of information that citizens are being illegally spied on doesn't justify his release of additional information of legal spying activities - such as monitoring phone calls with foreign suspects. Do you honestly think Americans should be able to make a call to Hugo Chavez or a senior member of Al Qaeda outside of the U.S. and expect total privacy from the NSA?
That's the problem - a low level shit like Snowden is making legal decisions for us. Evidence that the FISA court has ruled against the NSA in the past is only proof that there is a system in place to check the NSA; I didn't vote for him and no one I voted for appointed him to any kind of position in the judiciary system, he's not the one with the legal authority to interpret law.