I agree that it's ultimately a policy issue that needs to be mended by congress, what I disagree with is the needless "dig" at companies that store and analyze large amounts of data, as if that somehow is invalid conduct. The problem is the government demanding access to that data, not that the data is there in the first place.
The argument against building systems to amass huge databases of personal information has always been that the very existence of such systems would almost inevitably lead to abuse, through inappropriate expansion of the collection activity and through inappropriate uses of the resulting database. It's simply too tempting a target to leave unmolested.
From that point of view, storing and analyzing large amounts of data is "invalid conduct."
Current events are just history proving this out yet again.