The Google and Yahoo operations call attention to an asymmetry in America's surveillance law, says the Post.
While Congress has lifted some restrictions on NSA domestic surveillance on grounds that purely foreign communications sometimes pass over U.S. switches and cables, it hasn't added restrictions overseas, where American communications or data stores now cross over foreign switches.
“Thirty-five years ago, different countries had their own telecommunications infrastructure, so the division between foreign and domestic collection was clear,” says Sen. Ron Wyden, D-Ore. “Today there’s a global communications infrastructure, so there’s a greater risk of collecting on Americans when the NSA collects overseas.”