Unfortunately, if this is the case people will probably only realise it after the first serious mass terrorist attacks.
I place a high probability on the NSA already doing things that pre-9/11 would have been considered gross violations of the fourth amendment.
Yesterday I was using the Global Terrorism Database to check some suprisingly low figures on what percentage of terrorist acts are committed by Muslims. (Short answer: Worldwide since 2000, about 80%, rather than 0.4 - 6% as given in various sources.) But I found some odd patterns in the data for the United States. Look at this chart of terrorist acts in the US which meet GTD criteria I-III and are listed as "unambiguous":