Sure, but ex post facto is a thing. If people feel that this should be illegal they should write their representatives, but this headline is disingenuous.
Actions are only illegal if they were against the law at the time they were taken. If fireworks become illegal on July 5th I can’t be found guilty for shooting them off on July 4th.
The headline implies the NSA broke a law that does not exist, actively misleading those who read it. Shame on the “journalist” or editor that wrote it. Fabricated criticisms and grievances dilute genuine ones.