I thought these programs were essentially constitutional when President Bush was in office, and I think they're essentially constitutional now (perhaps moreso with the added oversight of the FISA Amendments Act of 2008). But it's funny how much more interested President Obama is in making the distinction between purely domestic and foreign intercepts now that it's "his" program. I hope the brouhaha of the last few days has taught him some humility if nothing else.

>> As for those living outside the US...

You should assume the US is recording all your calls. As well as China, England, Russia, Iran, France, and anyone else. The cyber world is spy v. spy. Large govt entities are collecting data on whoever/whatever they can. They are. Doesn't matter how benevolent you think they might be (or, even are). The big deal in the US is that it is spying on it's own citizens, which is a big big no no as far as the constitution and the mandate of the NSA are concerned.