Earlier quoted context omitted.
For call metadata, the pen register comparison might fly. If they are storing content, as is likely, it won't. The beginning of the article on standing does raise questions I hadn't thought about. How would you decide the penalty for something with the potential for abuse? Just because the NSA is storing the largest ever collection of personal info with potential for blackmail, election skullduggery, stalking, identi…
I'm thinking of the metadata, yes. I'm not convinced yet about the content allegations, and I suspect (but have not researched) that the point if illegality is when people start listening to them without a warrant rather than when they're merely stored.
More worrying, the NSA could abuse this by listening to whatever they liked, then getting information by other means, then lying about listening. And we certainly already know that the NSA is capable of lying and willing to do so.