Violating the Constitution is not harmful?
Wow, so would they say it's okay for say Texas to declare its independence from the USA because that does not cause harm to anyone? Oh right, it's only the Federal government that can violate the constitution as long as harm is not proved. However, Aaron Schwartz would have a different story to tell.
In your opinion it's violating the Constitution. In the opinion of both houses of Congress (bipartisan, approved the FISA act many times) and the President (bipartisan, both Bush and Obama signed the act and its amendments), it's not. And the Supreme Court has let stand several rulings against Constitutional challenges (and the EFF and ACLU have tried every variation of lawsuit they could think of).
And now, this one has been shot down too. It wasn't a Constitutional challenge, it was suing for damages.
When will you admit your opinion is just wrong?