The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations:
The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries.
A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers.
Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services.
The NSA collects both the content and metadata of hundreds of millions of text messages from around the world.
By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.
Let's be clear. Feinstein properly raised the Separation of Powers issue but did not raise the even more clear violation of criminal law prohibiting unauthorized hacking into a computer system. The CIA is expressly prohited from engaging in domestic surveillance, so the criminal violation is exceedingly clear.