The right of the people to be secure in their persons, houses, papers, and effects,Phone records that belong to the phone company are NOT your person, NOT your house, NOT your papers, and NOT your effects. They are NOT yours at all and thus have NO fourth amendment protection.
With Fast and Furious, Benghazi, the AP wiretapping, the Fox News wiretapping, the IRS targeting conservative groups, and now the EPA treating liberal and conservative groups differently, why are we getting distracted by the fact that the NSA is running diagnostic software on phone records that don't belong to individuals.
Probably because it distracts. That would be my guess.