Not only this, but two successive White House administrations went to extraordinary lengths to put domestic wiretapping in place in secrecy and keep it in place, without approval or oversight from Congress, much less public opinion.
When seeking authorization for domestic wiretapping in 2004 using convoluted legalese and twisted definitions, Bush White House lawyers Andrew Card and Alberto Gonzales couldn't get approval from the acting Attorney General, James Comey, who cited a DOJ opinion that the program lacked oversight and doubt that the Executive branch had the authority to issue such an order. He later stated (I'm paraphrasing) if the American people learned of the extent of this program they'd be appalled. And so Card and Gonzales visited John Ashcroft in the hospital to go over Comey's head, knowing he was in intensive care, under heavy sedation. Comey managed to arrive in time to make his side of the argument and delay the approval. (Cite)
We're talking about John Ashcroft here, USA Patriot Act cheerleader. Even he wouldn't approve it. And now we know why.
But it was only a delay. The Bush-Cheney White House went ahead and implemented the program. There's no public information on whether or when the Ashcroft DOJ approved this, only that some oversight was added (ineffective as it was in retrospect), and by 2005 Ashcroft had been replaced by Gonzales as Attorney General, the very guy who tried to go over Comey's head. It's quite apparent now that the NSA had carte blanche from then on.
And the succeeding Administration comes in with a record of avoiding any sort of investigation or oversight of the program, granting immunity to civilian corporate participants, and goes on to aggressively prosecute ethically-motivated whistleblowers to the degree of fabricating evidence to incarcerate them.
In this kind of environment, do you think a new "you must report" order is going to improve the constitutionality of this kind of spying?
All it's going to do is weed out anyone who's not fully on board with the program, or has any ethical qualms about it, and permit even more crackdown on people who try to effect change, legally and by the books, from the inside.
Keep your nose clean, citizen.